[Congressional Record Volume 158, Number 170 (Sunday, December 30, 2012)]
[House]
[Pages H7462-H7464]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATE AND PROVINCE EMERGENCY MANAGEMENT ASSISTANCE MEMORANDUM OF
UNDERSTANDING
Ms. ROS-LEHTINEN. Mr. Speaker, I move to suspend the rules and pass
the joint resolution (S.J. Res. 44) granting the consent of Congress to
the State and Province Emergency Management Assistance Memorandum of
Understanding.
The Clerk read the title of the joint resolution.
The text of the joint resolution is as follows:
[[Page H7463]]
S.J. Res. 44
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 State and Province Emergency
Management Assistance Memorandum of Understanding entered
into between States of Illinois, Indiana, Ohio, Michigan,
Minnesota, Montana, North Dakota, Pennsylvania, New York, and
Wisconsin, and the Canadian Provinces of Alberta, Manitoba,
Ontario, and Saskatchewan. The compact is substantially as
follows:
``article i--purpose and authorities
``The State and Province 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 `participating jurisdictions'. For
the purposes of this compact, the term `jurisdictions' may
include any or all of the States of Illinois, Indiana, Ohio,
Michigan, Minnesota, Montana, North Dakota, Pennsylvania, New
York, and Wisconsin, and the Canadian Provinces of Alberta,
Manitoba, Ontario, and Saskatchewan, and such other States
and provinces as may hereafter become a party to this
compact. The term `States' means the several States, the
Commonwealth of Puerto Rico, the District of Columbia, and
all territorial possessions of the United States. The term
`Province' means the 10 political units of government within
Canada.
``The purpose of this compact is to provide for the
possibility of mutual assistance among the participating
jurisdictions 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 civil emergency preparedness
exercises, testing, or other training activities using
equipment and personnel simulating performance of any aspect
of the giving and receiving of aid by participating
jurisdictions or subdivisions of participating jurisdictions
during emergencies, with such actions occurring outside
emergency periods.
``article ii--general implementation
``Each participating jurisdiction entering into this
compact recognizes that many emergencies may exceed the
capabilities of a participating jurisdiction and that
intergovernmental cooperation is essential in such
circumstances. Each participating 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.
``On behalf of the participating jurisdictions 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 participating jurisdiction
concerned with respect to the amendment of any statutes,
regulations, or ordinances required for that purpose.
``article iii--participating jurisdiction responsibilities
``(a) Formulate Plans and Programs.--It is the
responsibility of each participating 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 participating
jurisdictions, to the extent practical, may--
``(1) share and review individual jurisdiction hazards
analyses that are available and determine all those potential
emergencies the participating jurisdictions might jointly
suffer, whether due to natural disaster, technological
hazard, man-made disaster or emergency aspects of resource
shortages;
``(2) share emergency operations plans, procedures, and
protocols established by each of the participating
jurisdictions before entering into this compact;
``(3) share policies and procedures for resource
mobilization, tracking, demobilization, and reimbursement;
``(4) consider joint planning, training, and exercises;
``(5) assist with alerts, notifications, and warnings for
communities adjacent to or crossing participating
jurisdiction boundaries;
``(6) consider procedures to facilitate the movement of
evacuees, refugees, civil emergency personnel, equipment, or
other resources into or across boundaries, or to a designated
staging area when it is agreed that such movement or staging
will facilitate civil emergency operations by the affected or
participating jurisdictions; and
``(7) provide, to the extent authorized by law, for
temporary suspension of any statutes or ordinances that
impeded the implementation of responsibilities described in
this section.
``(b) Request Assistance.--The authorized representative of
a participating jurisdiction may request assistance of
another participating 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 participating jurisdictions's response and a point
of contact at the location.
``(c) Consultation Among Participating Jurisdiction
Officials.--There shall be periodic consultation among the
authorized representatives who have assigned emergency
management responsibilities.
``article iv--limitation
``It is recognized that any participating jurisdiction that
agrees to render mutual aid or conduct exercises and training
for mutual aid will respond as soon as possible. It is also
recognized that the participating jurisdiction rendering aid
may withhold or recall resources to provide reasonable
protection for itself, at its discretion. To the extent
authorized by law, each participating jurisdiction will
afford to the personnel of the emergency contingent of any
other participating jurisdiction while operating within its
jurisdiction limits under the terms and conditions of this
agreement and under the operational control of an officer of
the requesting participating jurisdiction the same treatment
as is afforded similar or like human resources of the
participating jurisdiction in which they are performing
emergency services. Staff comprising the emergency contingent
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 participating jurisdiction receiving assistance. These
conditions may be activated, as needed, by the participating
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 participating
jurisdictions, whichever is longer. The receiving
participating jurisdiction is responsible for informing the
assisting participating jurisdiction 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 participating jurisdiction evidencing
the meeting of qualifications for professional, mechanical,
or other skills, and when such assistance is requested by the
receiving participating 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 participating jurisdiction
rendering aid in another jurisdiction pursuant to this
compact is considered an agent of the requesting jurisdiction
for tort liability and immunity purposes. Any person or
entity rendering aid in another jurisdiction pursuant to this
compact is 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
compact for mutual aid among 2 or more participating
jurisdictions may differ from that among the participating
jurisdictions that are party to this compact, this compact
contains elements of a broad base common to all participating
jurisdictions, and nothing in this compact precludes any
participating jurisdiction from entering into supplementary
agreements with another jurisdiction or affects any other
agreements already in force among participating
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 participating jurisdiction shall provide, in
accordance with its own laws, for the payment of workers'
compensation and death benefits to injured members of the
[[Page H7464]]
emergency contingent of that participating 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 participating jurisdiction rendering aid in another
jurisdiction pursuant to this compact shall, if requested, be
reimbursed by the participating 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 participating
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 participating
jurisdiction without charge or cost. Any 2 or more
participating 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--implementation
``(a) This compact is effective upon its execution or
adoption by any 1 State and 1 province, 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) Additional jurisdictions may participate in this
compact upon execution or adoption thereof.
``(c) Any participating 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 participating
jurisdictions. The action does not relieve the withdrawing
jurisdiction from obligations assumed under this compact
prior to the effective date of withdrawal.
``(d) 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 participating
jurisdictions.
``article xi--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 xii--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.''.
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Florida (Ms. Ros-Lehtinen) and the gentleman from Virginia (Mr.
Connolly) each will control 20 minutes.
The Chair recognizes the gentlewoman from Florida.
General Leave
Ms. ROS-LEHTINEN. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and to include extraneous material in the Record on this joint
resolution.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Florida?
There was no objection.
Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in strong support today of S.J. Res. 44,
``Granting the Consent of Congress to the State and Province Emergency
Management Assistance Memorandum of Understanding'', a bill introduced
by Senator Kohl of Wisconsin.
This bill is non-controversial and passed the Senate in September
under unanimous consent with the full support of the National Emergency
Management Association.
According to the Congressional Budget Office, this legislation would
not affect direct spending or revenues and would impose no costs on
state, local, or tribal governments.
S.J. Res. 44 gives our northern states the ability to enter into an
agreement with Canadian provinces to facilitate cross border emergency
management assistance through mutual aid.
The purpose of this legislation is to provide mutual assistance among
entities that have entered into these agreements for the management of
any emergency or disaster when requested.
This bill will allow states to coordinate relief efforts with their
Canadian counterparts in order to better respond to any disaster that
may impact both jurisdictions.
Mr. Speaker, my Congressional district is very familiar with the
financial and emotional impact that a natural disaster can cause to our
communities.
We must ensure that we leverage all of our resources to better
prepare, coordinate, and respond to any such disasters when they arise.
I strongly support the passage of this legislation and look forward
to the President signing it into law.
I reserve the balance of my time.
Mr. CONNOLLY of Virginia. Mr. Speaker, I also rise in support of S.J.
Res. 44, and I yield myself such time as I may consume.
This resolution provides the consent of Congress for a Memorandum of
Understanding reached among a number U.S. states and Canadian provinces
to provide for mutual assistance in managing an emergency or disaster.
This MOU, which includes states in the upper Midwest and the
provinces of central Canada, is very similar to existing cross-border
agreements in the Northeast and Pacific Northwest.
These agreements provide for the sharing of personnel, equipment and
other resources in an emergency or disaster, whether natural or man-
made.
In the past, they have provided a framework for U.S. crews to help
their Canadian counterparts clear roads after blizzards and to deploy
search and rescue teams.
Mr. Speaker, as all of us know, disasters do not respect political
boundaries, and it is in our interest to allow our states to coordinate
emergency preparedness efforts with our close friends and allies to the
north.
I urge my colleagues to support this resolution, and I yield back the
balance of my time.
Ms. ROS-LEHTINEN. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Florida (Ms. Ros-Lehtinen) that the House suspend the
rules and pass the joint resolution, S.J. Res. 44.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Ms. ROS-LEHTINEN. Mr. Speaker, I object to the vote on the ground
that a quorum is not present and make the point of order that a quorum
is not present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.
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