[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 12 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
S. J. RES. 12

    Granting the consent of Congress to the International Emergency 
           Management Assistance Memorandum of Understanding.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 28, 2001

 Mr. Smith of New Hampshire introduced the following joint resolution; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION


 
    Granting the consent of Congress to the International Emergency 
           Management Assistance Memorandum of Understanding.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,   

SECTION 1. CONGRESSIONAL CONSENT.

    Congress consents to the International Emergency Management 
Assistance Memorandum of Understanding entered into between the States 
of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and 
Connecticut and the Provinces of Quebec, New Brunswick, Prince Edward 
Island, Nova Scotia and Newfoundland. The compact is substantially as 
follows:
``Article I--International Emergency Management Assistance Memorandum 
              of Understanding Purpose and Authorities
    ``The International Emergency Management Assistance Memorandum of 
Understanding, hereinafter referred to as the `compact,' is made and 
entered into by and among such of the jurisdictions as shall enact or 
adopt this compact, hereinafter referred to as `party jurisdictions.' 
For the purposes of this agreement, the term `jurisdictions' may 
include any or all of the States of Maine, New Hampshire, Vermont, 
Massachusetts, Rhode Island, and Connecticut and the Provinces of 
Quebec, New Brunswick, Prince Edward Island, Nova Scotia and 
Newfoundland, and such other states and provinces as may hereafter 
become a party to this compact.
    ``The purpose of this compact is to provide for the possibility of 
mutual assistance among the jurisdictions entering into this compact in 
managing any emergency or disaster when the affected jurisdiction or 
jurisdictions ask for assistance, whether arising from natural 
disaster, technological hazard, manmade disaster or civil emergency 
aspects of resources shortages.
    ``This compact also provides for the process of planning mechanisms 
among the agencies responsible and for mutual cooperation, including, 
if need be, emergency-related exercises, testing, or other training 
activities using equipment and personnel simulating performance of any 
aspect of the giving and receiving of aid by party jurisdictions or 
subdivisions of party jurisdictions during emergencies, with such 
actions occurring outside actual declared emergency periods. Mutual 
assistance in this compact may include the use of emergency forces by 
mutual agreement among party jurisdictions.
``Article II--General Implementation
    ``Each party jurisdiction entering into this compact recognizes 
that many emergencies may exceed the capabilities of a party 
jurisdiction and that intergovernmental cooperation is essential in 
such circumstances. Each jurisdiction further recognizes that there 
will be emergencies that may require immediate access and present 
procedures to apply outside resources to make a prompt and effective 
response to such an emergency because few, if any, individual 
jurisdictions have all the resources they need in all types of 
emergencies or the capability of delivering resources to areas where 
emergencies exist.
    ``The prompt, full, and effective utilization of resources of the 
participating jurisdictions, including any resources on hand or 
available from any other source that are essential to the safety, care, 
and welfare of the people in the event of any emergency or disaster, 
shall be the underlying principle on which all articles of this compact 
are understood.
    ``On behalf of the party jurisdictions participating in the 
compact, the legally designated official who is assigned responsibility 
for emergency management is responsible for formulation of the 
appropriate inter-jurisdictional mutual aid plans and procedures 
necessary to implement this compact, and for recommendations to the 
jurisdiction concerned with respect to the amendment of any statutes, 
regulations, or ordinances required for that purpose.
``Article III--Party Jurisdiction Responsibilities
    ``(a) Formulate Plans and Programs.--It is the responsibility of 
each party jurisdiction to formulate procedural plans and programs for 
inter-jurisdictional cooperation in the performance of the 
responsibilities listed in this section. In formulating and 
implementing such plans and programs the party jurisdictions, to the 
extent practical, shall--
            ``(1) review individual jurisdiction hazards analyses that 
        are available and, to the extent reasonably possible, determine 
        all those potential emergencies the party jurisdictions might 
        jointly suffer, whether due to natural disaster, technological 
        hazard, man-made disaster or emergency aspects of resource 
        shortages;
            ``(2) initiate a process to review party jurisdictions' 
        individual emergency plans and develop a plan that will 
        determine the mechanism for the inter-jurisdictional 
        cooperation;
            ``(3) develop inter-jurisdictional procedures to fill any 
        identified gaps and to resolve any identified inconsistencies 
        or overlaps in existing or developed plans;
            ``(4) assist in warning communities adjacent to or crossing 
        jurisdictional boundaries;
            ``(5) protect and ensure delivery of services, medicines, 
        water, food, energy and fuel, search and rescue, and critical 
        lifeline equipment, services and resources, both human and 
        material to the extent authorized by law;
            ``(6) inventory and agree upon procedures for the inter-
        jurisdictional loan and delivery of human and material 
        resources, together with procedures for reimbursement or 
        forgiveness; and
            ``(7) provide, to the extent authorized by law, for 
        temporary suspension of any statutes or ordinances, over which 
        the province or state has jurisdiction, that impede the 
        implementation of the responsibilities described in this 
        subsection.
    ``(b) Request Assistance.--The authorized representative of a party 
jurisdiction may request assistance of another party jurisdiction by 
contacting the authorized representative of that jurisdiction. These 
provisions only apply to requests for assistance made by and to 
authorized representatives. Requests may be verbal or in writing. If 
verbal, the request must be confirmed in writing within 15 days of the 
verbal request. Requests must provide the following information:
            ``(1) A description of the emergency service function for 
        which assistance is needed and of the mission or missions, 
        including but not limited to fire services, emergency medical, 
        transportation, communications, public works and engineering, 
        building inspection, planning and information assistance, mass 
        care, resource support, health and medical services, and search 
        and rescue.
            ``(2) The amount and type of personnel, equipment, 
        materials, and supplies needed and a reasonable estimate of the 
        length of time they will be needed.
            ``(3) The specific place and time for staging of the 
        assisting party's response and a point of contact at the 
        location.
    ``(c) Consultation among party jurisdiction officials.--There shall 
be frequent consultation among the party jurisdiction officials who 
have assigned emergency management responsibilities, such officials 
collectively known hereinafter as the International Emergency 
Management Group, and other appropriate representatives of the party 
jurisdictions with free exchange of information, plans, and resource 
records relating to emergency capabilities to the extent authorized by 
law.
``Article IV--Limitation
    ``Any party jurisdiction requested to render mutual aid or conduct 
exercises and training for mutual aid shall undertake to respond as 
soon as possible, except that it is understood that the jurisdiction 
rendering aid may withhold or recall resources to the extent necessary 
to provide reasonable protection for that jurisdiction. Each party 
jurisdiction shall afford to the personnel of the emergency forces of 
any party jurisdiction, while operating within its jurisdictional 
limits under the terms and conditions of this compact and under the 
operational control of an officer of the requesting party, the same 
powers, duties, rights, privileges, and immunities as are afforded 
similar or like forces of the jurisdiction in which they are performing 
emergency services. Emergency forces continue under the command and 
control of their regular leaders, but the organizational units come 
under the operational control of the emergency services authorities of 
the jurisdiction receiving assistance. These conditions may be 
activated, as needed, by the jurisdiction that is to receive assistance 
or upon commencement of exercises or training for mutual aid and 
continue as long as the exercises or training for mutual aid are in 
progress, the emergency or disaster remains in effect or loaned 
resources remain in the receiving jurisdiction or jurisdictions, 
whichever is longer. The receiving jurisdiction is responsible for 
informing the assisting jurisdictions of the specific moment when 
services will no longer be required.
``Article V--Licenses and Permits
    ``Whenever a person holds a license, certificate, or other permit 
issued by any jurisdiction party to the compact evidencing the meeting 
of qualifications for professional, mechanical, or other skills, and 
when such assistance is requested by the receiving party jurisdiction, 
such person is deemed to be licensed, certified, or permitted by the 
jurisdiction requesting assistance to render aid involving such skill 
to meet an emergency or disaster, subject to such limitations and 
conditions as the requesting jurisdiction prescribes by Executive order 
or otherwise.
``Article VI--Liability
    ``Any person or entity of a party jurisdiction rendering aid in 
another jurisdiction pursuant to this compact are considered agents of 
the requesting jurisdiction for tort liability and immunity purposes. 
Any person or entity rendering aid in another jurisdiction pursuant to 
this compact are not liable on account of any act or omission in good 
faith on the part of such forces while so engaged or on account of the 
maintenance or use of any equipment or supplies in connection 
therewith. Good faith in this article does not include willful 
misconduct, gross negligence, or recklessness.
``Article VII--Supplementary Agreements
    ``Because it is probable that the pattern and detail of the 
machinery for mutual aid among 2 or more jurisdictions may differ from 
that among the jurisdictions that are party to this compact, this 
compact contains elements of a broad base common to all jurisdictions, 
and nothing in this compact precludes any jurisdiction from entering 
into supplementary agreements with another jurisdiction or affects any 
other agreements already in force among jurisdictions. Supplementary 
agreements may include, but are not limited to, provisions for 
evacuation and reception of injured and other persons and the exchange 
of medical, fire, public utility, reconnaissance, welfare, 
transportation and communications personnel, equipment, and supplies.
``Article VIII--Workers' Compensation and Death Benefits
    ``Each party jurisdiction shall provide, in accordance with its own 
laws, for the payment of workers' compensation and death benefits to 
injured members of the emergency forces of that jurisdiction and to 
representatives of deceased members of those forces if the members 
sustain injuries or are killed while rendering aid pursuant to this 
compact, in the same manner and on the same terms as if the injury or 
death were sustained within their own jurisdiction.
``Article IX--Reimbursement
    ``Any party jurisdiction rendering aid in another jurisdiction 
pursuant to this compact shall, if requested, be reimbursed by the 
party jurisdiction receiving such aid for any loss or damage to, or 
expense incurred in, the operation of any equipment and the provision 
of any service in answering a request for aid and for the costs 
incurred in connection with those requests. An aiding party 
jurisdiction may assume in whole or in part any such loss, damage, 
expense, or other cost or may loan such equipment or donate such 
services to the receiving party jurisdiction without charge or cost. 
Any 2 or more party jurisdictions may enter into supplementary 
agreements establishing a different allocation of costs among those 
jurisdictions. Expenses under article VIII are not reimbursable under 
this section.
``Article X--Evacuation
    ``Each party jurisdiction shall initiate a process to prepare and 
maintain plans to facilitate the movement of and reception of evacuees 
into its territory or across its territory, according to its 
capabilities and powers. The party jurisdiction from which the evacuees 
came shall assume the ultimate responsibility for the support of the 
evacuees, and after the termination of the emergency or disaster, for 
the repatriation of such evacuees.
``Article XI--Implementation
    ``(a) This compact is effective upon its execution or adoption by 
any 2 jurisdictions, and is effective as to any other jurisdiction upon 
its execution or adoption thereby: subject to approval or authorization 
by the United States Congress, if required, and subject to enactment of 
provincial or State legislation that may be required for the 
effectiveness of the Memorandum of Understanding.
    ``(b) Any party jurisdiction may withdraw from this compact, but 
the withdrawal does not take effect until 30 days after the governor or 
premier of the withdrawing jurisdiction has given notice in writing of 
such withdrawal to the governors or premiers of all other party 
jurisdictions. The action does not relieve the withdrawing jurisdiction 
from obligations assumed under this compact prior to the effective date 
of withdrawal.
    ``(c) Duly authenticated copies of this compact in the French and 
English languages and of such supplementary agreements as may be 
entered into shall, at the time of their approval, be deposited with 
each of the party jurisdictions.
``Article XII--Severability
    ``This compact is construed to effectuate the purposes stated in 
Article I. If any provision of this compact is declared 
unconstitutional or the applicability of the compact to any person or 
circumstances is held invalid, the validity of the remainder of this 
compact and the applicability of the compact to other persons and 
circumstances are not affected.
``Article XIII--Consistency of Language
    ``The validity of the arrangements and agreements consented to in 
this compact shall not be affected by any insubstantial difference in 
form or language as may be adopted by the various states and provinces.
``Article XIV--Amendment
    ``This compact may be amended by agreement of the party 
jurisdictions.''.

SEC. 2. INCONSISTENCY OF LANGUAGE.

    The validity of the arrangements consented to by this Act shall not 
be affected by any insubstantial difference in their form or language 
as adopted by the States and provinces.

SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL.

    The right to alter, amend, or repeal this Act is hereby expressly 
reserved.
                                 <all>