[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 12 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. J. RES. 12
Granting the consent of Congress to the International Emergency
Management Assistance Memorandum of Understanding.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 28, 2001
Mr. Smith of New Hampshire introduced the following joint resolution;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
JOINT RESOLUTION
Granting the consent of Congress to the International Emergency
Management Assistance Memorandum of Understanding.
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.
``(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.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3063-3064)
Committee on the Judiciary. Ordered to be reported without amendment favorably.
Committee on the Judiciary. Reported by Senator Leahy without amendment. Without written report.
Committee on the Judiciary. Reported by Senator Leahy without amendment. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 211.
Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S14050; text as passed Senate: CR S14050-14052)
Passed Senate without amendment by Unanimous Consent. (consideration: CR S14050; text as passed Senate: CR S14050-14052)
Message on Senate action sent to the House.
Received in the House.
Held at the desk.
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