U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 110TH CONGRESS

1st Session 

REPORT

2007

110–237 

Calendar No. 525 

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 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

JOSEPH I. LIEBERMAN, Connecticut, Chairman 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

BARACK OBAMA, Illinois 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

SUSAN M. COLLINS, Maine 

TED STEVENS, Alaska 

GEORGE V. VOINOVICH, Ohio 

NORM COLEMAN, Minnesota 

TOM COBURN, Oklahoma 

PETE V. DOMENICI, New Mexico 

JOHN WARNER, Virginia 

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 


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69–010 

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. 


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1P.L. 108–458. 2 Id., Sec. 7302(b)(1)(A). 

3 Id., Sec. 7302(a)(4). 

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. 

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. 

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 


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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. 

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. 


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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 

* * * * * * * 


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SEC. 7302. NATIONAL CAPITAL REGION MUTUAL AID. 

‘‘(a) DEFINITIONS. In this section: 

‘‘(1) * * * 

* * * * * * * 

‘‘(4) EMPLOYEE.—The term ‘employee’ means the employees 

of the party, øincluding 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, øor 

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 øor 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 øor 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 øor 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. 

Æ 


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