[Congressional Record Volume 152, Number 66 (Wednesday, May 24, 2006)]
[Senate]
[Pages S5121-S5123]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. COLLINS (for herself, Mr. Lieberman, Ms. Snowe, and Mr. 
        Chafee):
  S.J. Res. 37. A joint resolution granting the consent of Congress to 
the International Emergency Management Assistance Memorandum of 
Understanding; to the Committee on the Judiciary.
  Ms. COLLINS. Mr. President, I am very pleased to join my 
distinguished colleagues, the Senator from Connecticut, Mr. Lieberman, 
the senior Senator from Maine, Ms. Snowe, and Senator Chafee in 
introducing this joint resolution, which would affirm the Senate's 
commitment to recognize the International Emergency Management 
Assistance Compact, IEMAC. The purpose of IEMAC is to provide mutual 
assistance among the States of the Northeastern United States and the 
Provinces of eastern Canada for responding to any type of disaster, 
whether arising from natural or manmade causes.
  A number of recent disasters and emergencies have necessitated mutual 
aid and assistance among the Northeastern States and eastern Canadian 
Provinces. For example, both the January 1998 ice storm and the August 
2003 blackout left millions of people without electrical power, knocked 
out public water supplies and other essential services, and caused 
billions of dollars in property damage or business losses. In the past 
quarter century alone, there have been more than 100 presidentially 
declared disasters and emergencies in the Northeast, or, on average, 
about four per year. Many of these events required State and Provincial 
emergency management organizations to request out-of- jurisdiction 
mutual assistance to deal with the emergency.
  The importance of mutual assistance was made clear by Hurricane 
Katrina, in which 44 States and the District of

[[Page S5122]]

Columbia received presidential emergency declarations. This was the 
largest number of declarations ever made for a single disaster in FEMA 
history. Most of these declarations were not the result of States 
receiving direct damage from the storm but rather because they reached 
out to assist the devastated States through the nationwide Emergency 
Management Assistance Compact, EMAC, sending personnel, equipment and 
supplies into the stricken areas. In addition, numerous host States 
opened shelters to assist hurricane evacuees.
  The genesis of IEMAC was the 1998 ice storm. The worst ice storm in 
our region's history demolished power lines from Quebec, through 
upstate New York, across Vermont, New Hampshire and Maine. As many as 4 
million people were without electricity, some 700,000 people for as 
long as 3 weeks, and damage topped $6 billion.
  The following June, the New England Governors Conference and Eastern 
Canadian Premiers signed Resolution No. 23-5 to adopt an International 
Emergency Management Assistance Agreement. The resulting memorandum of 
understanding was adopted by the conference in July 2000. In October of 
2004, the memorandum of understanding was the renamed International 
Emergency Management Assistance Compact. The Governors and Premiers 
established the International Emergency-Management Group, IEMG, to 
implement the compact and to work closely developing plans to train and 
exercise for disasters and emergencies that could affect the 
Northeastern States and Provinces. The Management Group meets regularly 
and has recently developed a draft operational manual to fully 
implement the compact, which is slated to be approved at the IEMG 
meeting in Quebec this month.
  The members of the compact are 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. Other States and Provinces may join the compact in 
the future.
  IEMAC provides form and structure to international mutual aid between 
the Northeastern States and eastern Canadian Provinces. It addresses 
such issues as liability, payment, and credentialing before the 
emergency occurs, which allows for expedited deployment of resources 
and personnel in time of emergency. Working out the myriad legal and 
technical details in advance is especially important when resources and 
personnel must cross international boundaries.
  The value of the compact already has been demonstrated. When 
Hurricane Juan slammed into Nova Scotia in late September of 2003, 
partners in the existing memorandum of understanding provided quick and 
substantial aid to the stricken province. When Nova Scotia, still 
recovering from the hurricane, was hit again just a few months later by 
``White Juan,'' a powerful blizzard, effective mutual aid again 
alleviated the suffering.
  The compact was formed in the aftermath of a powerful ice storm, but 
the terrorist attacks of 9/11 amplified its importance. The 
Northeastern United States and eastern Canada are home to major 
population centers, vast industrial facilities, major cargo ports, and 
nuclear power plants--all potential terrorist targets. In the event of 
an attack, tighter border security would be both inevitable and 
necessary, and the prearrangements made through the compact would be 
invaluable.
  The role of the compact is ever expanding. There are a multitude of 
threats facing the Northeast States and eastern Canadian Provinces 
today, and the close working relationship of the member jurisdictions 
fosters a cooperative environment and creates a strong partnership. 
These strong bonds contribute to the goals of a more secure region and 
an effective response capability when a disaster or emergency does 
occur.
  As has been seen numerous times in the past, disasters know no 
boundaries--municipal, State, provincial or international. I ask you to 
join me in adopting the International Emergency Management Assistance 
Compact so that in a time of disaster the boundaries that separate 
jurisdictions are not barriers to cooperation.
  Mr. President, I ask unanimous consent that the text of the joint 
resolution be printed in the Record.
  There being no objection, the text of the joint resolution was 
ordered to be printed in the Record, as follows:

                              S.J. Res. 37

       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

[[Page S5123]]

     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.

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