[Congressional Record Volume 153, Number 148 (Tuesday, October 2, 2007)]
[Senate]
[Pages S12449-S12450]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTERNATIONAL EMERGENCY MANAGEMENT ASSISTANCE MEMORANDUM OF
UNDERSTANDING
Mr. BROWN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 397, S.J. Res.
13.
The PRESIDING OFFICER. The clerk will report the resolution by title.
The legislative clerk read as follows:
A joint resolution (S.J. Res. 13) granting the consent of
Congress to the International Emergency Management Assistance
Memorandum of Understanding.
There being no objection, the Senate proceeded to consider the joint
resolution.
Mr. LEAHY. Mr. President, this joint resolution reflects the best
traditions of international cooperation between our nation and our
Canadian neighbors to the north.
Formally, this joint resolution would grant the consent of Congress
to the International Emergency Management Assistance Memorandum of
Understanding, which allows emergency responders from the United States
and Canada to help each other across our shared border during natural
disasters and other serious emergencies. But beyond this legal
formality, this agreement reflects our longstanding cooperative
partnership with Canada, and how, in times of emergency or natural
disaster, we respond together, as neighbors across a largely unguarded
border.
When our communities need help, we must join together and come to
their aid, whether or not a border is drawn between us. This agreement
allows us to honor the extraordinary tradition of international
cooperation and good will between our nations, and will make the
citizens of both the United States and Canada more secure and safer.
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, from technological hazards, civil emergencies, or
even terrorist events. As those who live in the Northeast know, extreme
weather is not uncommon in New England, or in the eastern Provinces of
Canada, and we have endured catastrophic blizzards and ice storms as
recently as this winter that have closed roads and highways, shut down
power for extended periods, and stranded travelers and rural residents
for days, or longer. Under this agreement, first responders and
emergency management professionals from the United States and Canada
can work together to provide the necessary assistance to secure public
safety.
This compact works well for New England and the eastern Canadian
Provinces, and it stands as a model for emergency management planning
and cooperation. It has the support of all the emergency management
directors in the New England States, and the bipartisan support of all
of the New England Senators who have joined me and Senator Snowe to
cosponsor this resolution. It is a crucial element of the security and
safety planning for all communities in New England and eastern Canada.
Mr. BROWN. I ask unanimous consent that the joint resolution be read
a third time and passed, the motion to reconsider be laid on the table
with no intervening action or debate, and any statements be printed in
the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The joint resolution (S.J. Res. 13) was ordered to be engrossed for a
third reading, was read the third time, and passed, 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,
[[Page S12450]]
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.
____________________