[Senate Report 110-237]
[From the U.S. Government Publishing Office]





                                                       Calendar No. 525
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-237

======================================================================




    TO REFORM MUTUAL AID AGREEMENTS FOR THE NATIONAL CAPITAL REGION

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 1245

    TO REFORM MUTUAL AID AGREEMENTS FOR THE NATIONAL CAPITAL REGION




                December 6, 2007.--Ordered to be printed

        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

               JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan                 SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii              TED STEVENS, Alaska
THOMAS R. CARPER, Delaware           GEORGE V. VOINOVICH, Ohio
MARK L. PRYOR, Arkansas              NORM COLEMAN, Minnesota
MARY L. LANDRIEU, Louisiana          TOM COBURN, Oklahoma
BARACK OBAMA, Illinois               PETE V. DOMENICI, New Mexico
CLAIRE McCASKILL, Missouri           JOHN WARNER, Virginia
JON TESTER, Montana                  JOHN E. SUNUNU, New Hampshire
                  Michael L. Alexander, Staff Director
                     Kevin J. Landy, Chief Counsel
            Deborah P. Parkinson, Professional Staff Member
   Thomas J.R. Richards, Professional Staff Member, Subcommittee on 
  Oversight of Government Management, the Federal Workforce, and the 
                          District of Columbia
     Brandon L. Milhorn, Minority Staff Director and Chief Counsel
        Amy L. Hall, Minority Director for Governmental Affairs
                     Amanda Wood, Minority Counsel
  David W. Cole, Minority Professional Staff Member, Subcommittee on 
  Oversight of Government Management, the Federal Workforce, and the 
                          District of Columbia
                  Trina Driessnack Tyrer, Chief Clerk


                                                       Calendar No. 525
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-237

======================================================================



 
    TO REFORM MUTUAL AID AGREEMENTS FOR THE NATIONAL CAPITAL REGION

                                _______
                                

                December 6, 2007.--Ordered to be printed

                                _______
                                

Mr. Lieberman, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 1245]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 1245), to reform 
mutual aid agreements for the National Capital Region, having 
considered the same reports favorably thereon without amendment 
and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
 IV. Section by Section Analysis......................................3
  V. Evaluation of Regulatory Impact..................................3
 VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............4

                         I. Purpose and Summary

    S. 1245 amends Section 7302 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (P.L. 108-458), to make 
technical changes affecting mutual aid agreements in the 
National Capital Region.

              II. Background and Need for the Legislation

    The Intelligence Reform and Terrorism Prevention Act of 
2004\1\ (IRTPA) authorized the governments of the National 
Capital Region (NCR), an area composed of the District of 
Columbia and surrounding local jurisdictions in Maryland and 
Virginia, to enter into mutual aid agreements for emergency 
mitigation, management, response, and recovery. Since the 
enactment of statutory authorization, a model mutual aid 
agreement has been approved by the majority of the 
jurisdictions in the NCR, including 20 of the 21 jurisdictions 
in the Metropolitan Washington Council of Governments (COG), 
the State of Maryland, the Commonwealth of Virginia, the 
Metropolitan Washington Airports Authority (MWAA), and the 
Washington Metropolitan Area Transit Authority (WMATA). As the 
jurisdictions began working on the mutual aid agreement, 
concern arose that IRTPA included two omissions that could 
hinder the establishment of an effective and robust mutual aid 
agreement in the NCR.
---------------------------------------------------------------------------
    \1\P.L. 108-458.
---------------------------------------------------------------------------
    The first is that certain special purpose governmental 
authorities, like water and wastewater utilities, were not 
explicitly included in the original language as entities that 
could participate in the mutual aid agreement. Under current 
law, the functions allowed to be included in the mutual aid 
agreement are general purpose governmental activities, such as 
law enforcement, fire and rescue, emergency health and medical 
services, transportation, communications, public works and 
engineering, and mass care.\2\ Like these services, water and 
wastewater services are interconnected and interdependent 
within the NCR. For example, the District of Columbia Water and 
Sewer Authority services portions of Maryland and Virginia in 
addition to the District. The Committee concurs with the 
jurisdictions in the NCR that security, safety, and continuity 
of drinking water and wastewater systems must be maintained 
during an emergency. S. 1245 allows water and wastewater 
utilities to be covered under any mutual aid agreement 
established by the NCR. The amended language also covers the 
MWAA and WMATA as such special purpose governmental entities 
and does not require their specific designation in the statute.
---------------------------------------------------------------------------
    \2\Id., Sec. 7302(b)(1)(A).
---------------------------------------------------------------------------
    The second is that IRTPA only allowed employees and 
volunteers who were specifically committed to the mutual aid 
agreement prior to an emergency to be included under the law. 
It is anticipated that the NCR's localities will rely on a 
variety of authorized agents and volunteers to assist in 
fulfilling their mutual aid response obligations. The law 
currently requires that all agents and volunteers be 
``committed in a mutual aid agreement''\3\ to prepare for or 
respond to an emergency. The members of the NCR have determined 
that it is not likely that a complete list of agents and 
volunteers will be identified and become parties to a mutual 
aid agreement prior to an emergency. 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. 
S. 1245 will provide the region with the flexibility to cover 
under the mutual aid agreement all employees and authorized 
volunteers who respond to a disaster on behalf of a state or 
local government or independent authority within the NCR. 
Additionally, the language authorizes formal inclusion of 
volunteer entities such as incorporated volunteer fire 
companies, not just their individual members.
---------------------------------------------------------------------------
    \3\Id., Sec. 7302(a)(4).
---------------------------------------------------------------------------

                        III. Legislative History

    S. 1245 was introduced by Senators Cardin, Mikulski, and 
Warner on April 26, 2007, and was referred to the Committee on 
Homeland Security and Governmental Affairs. The bill was 
referred to the Subcommittee on Oversight of Government 
Management, the Federal Workforce, and the District of Columbia 
on June 6, 2007. Senator Webb was added as a cosponsor on July 
26, 2007. The bill was polled out of the Subcommittee on July 
31, 2007.
    On August 1, 2007, the Committee considered S. 1245. The 
Committee ordered the bill favorably reported without amendment 
to the full Senate by voice vote. Members present were 
Lieberman, Levin, Akaka, Carper, Pryor, Landrieu, McCaskill, 
Voinovich, Coleman, Coburn, Warner, and Sununu.

                    IV. Section-by-Section Analysis


Section 1. Reform of mutual aid agreements for the National Capital 
        Region

    This section amends IRTPA by removing the reference to 
``authorized volunteers'' in subsection 7302(a)(4). As the 
subsequent language makes clear, such volunteers would be 
covered through their organizational affiliation, for example, 
a local volunteer fire department. The section also expands the 
governmental entities authorized to participate in such mutual 
aid agreements to include all governmental agencies, 
authorities, and institutions with the power to sue in their 
own name. This change will specifically allow for the inclusion 
of water and wastewater utilities in the mutual aid agreements. 
The language then removes the specific references to the 
Washington Metropolitan Area Transit Authority and the 
Metropolitan Washington Airports Authority because these 
organizations are covered by the general ``governmental 
authority'' language.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirement of paragraph 11(b)(1) of rule 
XXVI of the Standing Rules of the Senate the Committee has 
considered the regulatory impact of this bill. CBO states that 
there are no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and no costs on 
State, local, or tribal governments. The legislation contains 
no other regulatory impact.

                   VI. Estimated Cost of Legislation

                                                   August 22, 2007.
Hon. Joseph I. Lieberman,
Chairman, Committee on Homeland Security and Governmental Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1245, a bill to 
reform mutual aid agreements for the National Capital Region.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Daniel 
Hoople.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

S. 1245--A bill to reform mutual aid agreements for the National 
        Capital Region

    Under the Intelligence Reform and Terrorism Prevention Act 
of 2004 (Public Law 108-458), the federal government may enter 
into an agreement with state and local governments in the 
National Capital Region (including the District of Columbia, 
the surrounding counties of Maryland and Virginia, and the city 
of Alexandria) for the provision of police, fire, rescue and 
other services during a disaster or training exercise. 
Organizations may be liable for acts or omissions of its 
employees, including volunteers, while rendering aid as part of 
a mutual aid agreement. S. 1245 would remove that liability for 
authorized volunteers of organizations that are party to the 
agreement. The bill also would allow other state and local 
entities in the National Capital Region to become a party to a 
mutual aid agreement.
    CBO estimates that implementing S. 1245 would have no 
significant federal cost over the 2008-2012 period. Enacting 
this legislation would not affect direct spending or revenues. 
S. 1245 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Daniel Hoople. 
This estimate was approved by Peter H. Fontaine, Assistant 
Director for Budget Analysis.

      VIII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the following changes in existing 
law made by the bill, as reported, are shown as follows: 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004 P.L. 108-458

           *       *       *       *       *       *       *


SEC. 7302. NATIONAL CAPITAL REGION MUTUAL AID.

    ``(a) Definitions. In this section:
          ``(1) * * *

           *       *       *       *       *       *       *

          ``(4) Employee.--The term `employee' means the 
        employees of the party, [including its agents or 
        authorized volunteers,] who are committed in a mutual 
        aid agreement to prepare for or who respond to an 
        emergency or public service event.
          ``(5) Locality.--The term `locality' means a county, 
        city, [or town within the State of Maryland or the 
        Commonwealth of Virginia and within the National 
        Capital Region.] town, or other governmental agency, 
        governmental authority, or governmental institution 
        with the power to sue or be sued in its own name, 
        within the National Capital Region.

           *       *       *       *       *       *       *

    ``(d) Liability and Actions at Law.--
          (1) In general.--Any responding party or its officers 
        or employees rendering aid or failing to render aid to 
        the District of Columbia, the Federal Government, the 
        State of Maryland, the Commonwealth of Virginia, or a 
        locality, under a mutual aid agreement authorized under 
        this section, and any party or its officers [or 
        employees] or employees, or agents engaged in training 
        activities with another party under such a mutual aid 
        agreement, shall be liable on account of any act or 
        omission of its officers [or employees] or employees, 
        or agents while so engaged or on account of the 
        maintenance or use of any related equipment, 
        facilities, or supplies, but only to the extent 
        permitted under the laws and procedures of the State of 
        the party rendering aid.
          ``(2) Actions.--Any action brought against a party or 
        its officers [or employees] or employees, or agents on 
        account of an act or omission in the rendering of aid 
        to the District of Columbia, the Federal Government, 
        the State of Maryland, the Commonwealth of Virginia, or 
        a locality, or failure to render such aid or on account 
        of the maintenance or use of any related equipment, 
        facilities, or supplies may be brought only under the 
        laws and procedures of the State of the party rendering 
        aid and only in the Federal or State courts located 
        therein. Actions against the United States under this 
        section may be brought only in Federal courts.

                                  
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