[Congressional Record Volume 153, Number 68 (Thursday, April 26, 2007)]
[Senate]
[Pages S5220-S5221]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARDIN (for himself, Ms. Mikulski, and Mr. Warner):
  S. 1245. A bill to reform mutual aid agreements for the National 
Capitol Region; to the Committee on Homeland Security and Governmental 
Affairs.


 =========================== NOTE =========================== 

  
  On Page S5220, April 26, 2007, the following appears: ``S. 1245. 
A bill to reform mutual aid agreements for the National Capitol 
Region; to the Committee on Health, Education, Labor, and 
Pensions.''
  
  The online version was corrected to read: ``S. 1245. A bill to 
reform mutual aid agreements for the National Capitol Region; to 
the Committee on Homeland Security and Governmental Affairs.


 ========================= END NOTE ========================= 

  Mr. CARDIN. Mr. President, today I am introducing legislation that 
will improve mutual aid agreements for the National Capitol Region. 
Senators Mikulski and Warner are original co-sponsors of my bill.
  The Intelligence Reform and Terrorism Prevention Act of 2004 contains 
provisions for cooperation among the National Capital Region's 
jurisdictions in the event of a regional or national emergency. Since 
that time, a model mutual aid agreement has been approved by 20 of the 
21 jurisdictions in the Washington Council of Governments, the State of 
Maryland, the Commonwealth of Virginia, the Metropolitan Washington 
Airports Authority, and the Washington Metropolitan Area Transit 
Authority. The model mutual aid agreement is designed to append 
operational plans across the spectrum of public safety disciplines, 
including police, fire and rescue, public health, water supply, and 
debris removal, among others. This has opened the way for the region's 
governments to begin hammering out the details of how emergency 
responses will actually be executed.
  As the jurisdictions began working on the mutual aid agreements, 
concern arose that drinking water and wastewater utilities were not 
included in the original language. The Metropolitan Washington Council 
of Governments brought this issue to my attention. Today's legislation 
will remedy the situation by providing a commonsense solution that will 
allow our drinking water and wastewater facilities' staffs to 
participate as appropriate in the mutual aid agreements.
  Current law allows the jurisdictions in the Washington metropolitan 
area to share their personnel freely in the event of a national 
emergency. Firefighters in Fairfax County, for example, could be 
enlisted to support their counterparts in the District of Columbia or 
in Maryland in the event of a national or regional emergency. 
Similarly, emergency responders in Montgomery and Prince George's 
counties could support their counterparts in Alexandria or Arlington.
  This legislation simply extends that same commonsense approach to 
drinking water and wastewater treatment authorities. If a drinking 
water plant were to become disabled because of a natural disaster or 
terrorist attack, this bill would allow licensed engineers to cross 
jurisdictional boundaries to come to the aid of the disabled system and 
the thousands of regional residents who depend on these vital systems 
for safe drinking water.
  This legislation has the support of the Metropolitan Washington 
Council of Governments and the National Capital Region Water Security 
Workgroup, chaired by the Fairfax County Water Authority.
  One section of the legislation requires some explanation. That 
section relates to the terms ``agent'' and ``volunteer.'' It is 
anticipated that the region's localities will rely on a variety of 
authorized agents and volunteers to assist in fulfilling their mutual 
aid response obligations. The act currently includes agents and 
volunteers in the definition of ``employee'' and requires that all 
agents and volunteers be ``committed in a mutual aid agreement'' to 
prepare for or respond to an emergency. It has become apparent in 
developing operational plans, however, that it is not likely that a 
complete list of agents and volunteers will be identified and become 
parties to a mutual aid agreement with one or more of the region's 
localities. Instead, it is more likely that agents and volunteers will 
be associated with a locality through a mechanism other than an actual 
mutual aid agreement. Moreover, it is probable that the association 
with an agent or volunteer will arise only in direct response to a 
particular emergency. For example, a locality may find it necessary to 
call upon volunteer fire companies to respond to a particular fire-
related event that threatens to overwhelm the localities' resources. In 
such an instance, the agent and volunteers, as well as the locality 
that has called upon them, should be accorded the liability protections 
of the act. Perhaps more importantly, it is preferred by the region's 
localities that a list of agents and volunteers not be brought within 
the scope of the act prospectively and on a continuous basis, but only 
as the need arises on a case-by-case basis.
  The legislation I am introducing today simply strikes ``agents and 
volunteers'' from the definition of ``employee'' and expressly extends 
the liability protections of the act to agents. This term, consistent 
with common dictionary usage, would encompass authorized volunteers. 
The proposed language was drafted and approved by members of the 
Council of Governments' Attorneys Committee, consisting of the lead 
counsel of all 21 COG jurisdictions, with participation by the two 
State's Attorneys General offices.
  In short, this legislation will give local jurisdictions the ability 
to respond fully and appropriately to the full range of emergencies 
that they may face. I urge the Senate to pass this bill as 
expeditiously as possible so that we can give these local and State 
governments the tools they need to meet the challenges that the future 
may present.
  Mr. President, I ask unanimous consent that the text of the 
legislation be printed in the Record following my remarks.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1245

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. REFORM OF MUTUAL AID AGREEMENTS FOR THE NATIONAL 
                   CAPITAL REGION.

       Section 7302 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (42 U.S.C. 5196 note) is amended--
       (1) in subsection (a)--
       (A) in paragraph (4), by striking ``, including its agents 
     or authorized volunteers,''; and
       (B) in paragraph (5), by striking ``or town'' and all that 
     follows and inserting ``town, or other governmental agency, 
     governmental

[[Page S5221]]

     authority, or governmental institution with the power to sue 
     or be sued in its own name, within the National Capital 
     Region.'';
       (2) in subsection (b)(1), in the matter preceding 
     subparagraph (A), by striking ``, the Washington Metropolitan 
     Area Transit Authority, the Metropolitan Washington Airports 
     Authority, and any other governmental agency or authority''; 
     and
       (3) in subsection (d), by striking ``or employees'' each 
     place that term appears and inserting ``, employees, or 
     agents''.
                                 ______