[Congressional Record Volume 153, Number 83 (Monday, May 21, 2007)]
[Senate]
[Pages S6405-S6407]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY:
  S.J. Res. 13. A joint resolution granting the consent of Congress to 
the International Emergency Management Assistance Memorandum of 
Understanding; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, I am pleased to introduce a joint 
resolution that would grant the consent of Congress to the 
International Emergency Management Assistance Memorandum of 
Understanding, IEMAMOU compact. This joint resolution would formally 
approve of the IEMAMOU compact, a mutual emergency assistance agreement 
entered into by the New England States, including my home State of 
Vermont and several Canadian Provinces, who are our neighbors to the 
north. This mutual assistance compact, which has been agreed to and 
operating in principle for more than 5 years, allows for cooperation 
between emergency responders in the United States and Canada during 
natural disasters and other serious emergencies. This compact is an 
extraordinary example of the international cooperation and good will 
which makes our countries more secure and our citizens safer. Congress 
should pass this joint resolution to give this vital compact the full 
force of law.
  We must all do our best to prepare for the most serious emergencies 
that can harm our communities. These crises may arise from natural or 
manmade disasters, or from technological hazards or civil emergencies. 
As those who live in the Northeast know, extreme weather is not 
uncommon in New England, or in the eastern Provinces of Canada. 
Together with our Canadian neighbors, we have endured catastrophic 
blizzards and ice storms over the years that have closed roads and 
highways, shut down power for extended periods, and stranded travelers 
and rural residents for days, or longer. At times, we have also 
suffered the misfortune of responding to serious accidents, such as 
train or plane crashes. Of course, our concerns for safety surrounding 
nuclear powerplants and other industrial sites warrants extensive 
planning and preparedness for even the possibility of technological 
disasters. During these events, we turn to our first responders and our 
emergency management professionals to provide assistance and secure 
public safety no matter how grave the danger, and no matter how 
challenging the task.
  The IEMMOU compact was created in response to the devastating ice 
storm of 1998. In January of that year, an unprecedented 3-day ice 
storm paralyzed portions of the northern New England States and the 
adjacent Canadian Provinces causing massive damage to the electrical 
and transportation infrastructure. Millions were left in the dark for 
days and even weeks, leaving more than 30 dead and shutting down normal 
activities in large cities like Montreal and Ottawa. Following this 
devastation, the governors and premiers of those regions affected 
recognized the need for greater cross-border emergency cooperation, and 
they directed their emergency management leaders to develop and create 
a memorandum of understanding on these issues that benefit all parties 
north and south of the border. The IEMAMOU compact was the result of 
this collaborative, international process, and now stands as a model 
compact for cross-border mutual emergency assistance.
  The compact allows for international sharing of resources and 
expertise in times of extreme emergency or disaster. For example, rural 
States, such as my own, may need to call upon specialized resources 
found in other larger States or neighboring Provinces to respond 
immediately to events, such as chemical disasters or mass transit 
accidents. With natural disasters, such as prolonged, severe winter 
storms, the areas affected may be so vast, stretching across several 
States or Provinces that no single jurisdiction alone could respond 
fully to the crisis. There are also events that occur along or near our 
border with Canada which require the immediate response and full 
cooperation of States and Provinces in both nations. The IEMAMOU 
compact meets these needs with a thoughtful and forward-looking outline 
of how to address issues that face first responders and their managers 
in times of cross-border emergency.
  This international compact provides a legal framework for cooperation 
and mutual assistance between the States of Vermont, New Hampshire, 
Maine, Massachusetts, Rhode Island, and Connecticut, and the Canadian 
Provinces of Quebec, New Brunswick, Prince Edward Island, Nova Scotia, 
and Newfoundland and Labrador. The compact requires each participating 
member, whether State or Province, to formulate plans and programs to 
facilitate international and interstate or provincial cooperation in 
case of natural or manmade disaster, technological hazard, or civil 
emergency. The compact also provides for the temporary suspension of 
statutes or ordinances in each jurisdiction that may impede the 
implementation of these plans. For example, under the compact, 
government officials and law enforcement authorities from one member 
State or Province can officially work in other jurisdictions during 
times of emergency, a circumstance that would not be permitted 
otherwise.
  The compact also creates a formal mechanism for making assistance 
requests from one state or province to another, and encourages frequent 
consultation between the emergency management leaders to develop free 
exchange of information and resources across borders. In addition, the 
compact provides a Good Samaritan provision, which gives liability 
protection for emergency responders who act in good faith in providing 
assistance in a legal jurisdiction outside their own, and creates 
reciprocal workers compensation and other benefits to emergency 
responders who may get injured in responding to an emergency under the 
compact. Finally, the compact allows for reimbursement between members 
States or Provinces for losses or damages incurred in responding under 
the agreement.
  All members of this compact have agreed to its terms and join in 
requesting Congress's consent for the agreement. Vermont, New 
Hampshire, Maine, Massachusetts, Rhode Island, and Connecticut have 
joined the IEMAMOU compact, and many of these States have passed 
legislation adopting the compact under State law. The Premiers of 
Quebec, Prince Edward Island, Labrador, Nova Scotia, and New Brunswick 
have similarly approved of the

[[Page S6406]]

compact. The IEMAMOU compact has been functioning in principle for more 
than 5 years, as the emergency management leaders from each member 
State and Province meet twice a year. Planning among the constituent 
members of the compact is also ongoing. This compact works well and 
should be supported by Congress.

  The IEMAMOU compact is an international agreement between States and 
a foreign power, and it cannot have the full force of law without the 
formal approval of Congress. The U.S. Constitution requires that ``[n]o 
state shall . . . enter into any Agreement or Compact with another 
State, or with a foreign Power'' unless with the ``consent of 
Congress.'' U.S. Const. Art. 1, Sec.  10, cl. 3. The joint resolution 
introduced today provides this necessary consent, and would give legal 
force to the compact. Congressional approval of this compact would also 
provide jurisdiction for Federal courts to resolve any disputes under 
the agreement.
  This joint resolution is vitally important to the New England States 
and our Canadian Provinces to the north. Congress should support their 
cooperative, international leadership in creating and implementing this 
unique emergency management compact. The Governor of Vermont supports 
this joint resolution as do the leaders of the North East States 
Emergency Consortium, which represents each of the New England States 
in the compact.
  This is not the first time I have supported this joint resolution. In 
2001, this joint resolution was introduced by my colleague from New 
Hampshire, Senator Robert Smith, and I joined him as a cosponsor along 
with Senators Lieberman, Jeffords, Chafee, and Gregg. As Chairman of 
the Judiciary Committee, I moved the joint resolution through Committee 
where it passed by unanimous consent on October 31, 2001. With my 
support and that of other Senators, the joint resolution passed the 
Senate by unanimous consent on December 20, 2001, in the last month of 
the Democratic majority in the 107 Congress. Unfortunately, the House 
never came to consider the joint resolution, and it failed to become 
law. Since then, under the Republican leadership of the 108 and 109 
Congresses, the joint resolution has only been introduced once and has 
not moved beyond referral to committee.
  It is time to take action and pass this joint resolution without 
further delay. The IEMAMOU compact provides invaluable international 
cooperation and mutual assistance in times of natural disaster and 
extreme emergency. This compact works well for New England and the 
eastern Canadian provinces, and it stands as a model for emergency 
management planning and cooperation across this country. It is a 
crucial element of the security and safety planning for all communities 
in New England and eastern Canada, and we can wait no longer for it to 
become law.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                              S.J. Res. 13

       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.

[[Page S6407]]

       ``(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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