IIA 

110TH CONGRESS 

1ST SESSION S. J. RES. 13 

Granting the consent of Congress to the International Emergency 

Management Assistance Memorandum of Understanding. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2007 

Mr. LEAHY 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. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 SECTION 1. CONGRESSIONAL CONSENT. 

4 Congress consents to the International Emergency 

5 Management Assistance Memorandum of Understanding 

6 entered into between the States of Maine, New Hamp7 shire, Vermont, Massachusetts, Rhode Island, and Con8 necticut and the Provinces of Quebec, New Brunswick, 

9 Prince Edward Island, Nova Scotia and Newfoundland. 

10 The compact is substantially as follows: 

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1 ‘‘Article I—International Emergency Management As2 sistance Memorandum of Understanding 

3 Purpose and Authorities 

4 ‘‘The International Emergency Management Assist5 ance Memorandum of Understanding, hereinafter referred 

6 to as the ‘compact,’ is made and entered into by and 

7 among such of the jurisdictions as shall enact or adopt 

8 this compact, hereinafter referred to as ‘party jurisdic9 tions.’ For the purposes of this agreement, the term ‘juris10 dictions’ may include any or all of the States of Maine, 

11 New Hampshire, Vermont, Massachusetts, Rhode Island, 

12 and Connecticut and the Provinces of Quebec, New Bruns13 wick, Prince Edward Island, Nova Scotia and Newfound14 land, and such other states and provinces as may hereafter 

15 become a party to this compact. 

16 ‘‘The purpose of this compact is to provide for the 

17 possibility of mutual assistance among the jurisdictions 

18 entering into this compact in managing any emergency or 

19 disaster when the affected jurisdiction or jurisdictions ask 

20 for assistance, whether arising from natural disaster, tech21 nological hazard, manmade disaster or civil emergency as22 pects of resources shortages. 

23 ‘‘This compact also provides for the process of plan24 ning mechanisms among the agencies responsible and for 

25 mutual cooperation, including, if need be, emergency-re26 lated exercises, testing, or other training activities using 

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1 equipment and personnel simulating performance of any 

2 aspect of the giving and receiving of aid by party jurisdic3 tions or subdivisions of party jurisdictions during emer4 gencies, with such actions occurring outside actual de5 clared emergency periods. Mutual assistance in this com6 pact may include the use of emergency forces by mutual 

7 agreement among party jurisdictions. 

8 ‘‘Article II—General Implementation 

9 ‘‘Each party jurisdiction entering into this compact 

10 recognizes that many emergencies may exceed the capa11 bilities of a party jurisdiction and that intergovernmental 

12 cooperation is essential in such circumstances. Each juris13 diction further recognizes that there will be emergencies 

14 that may require immediate access and present procedures 

15 to apply outside resources to make a prompt and effective 

16 response to such an emergency because few, if any, indi17 vidual jurisdictions have all the resources they need in all 

18 types of emergencies or the capability of delivering re19 sources to areas where emergencies exist. 

20 ‘‘The prompt, full, and effective utilization of re21 sources of the participating jurisdictions, including any re22 sources on hand or available from any other source that 

23 are essential to the safety, care, and welfare of the people 

24 in the event of any emergency or disaster, shall be the 

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1 underlying principle on which all articles of this compact 

2 are understood. 

3 ‘‘On behalf of the party jurisdictions participating in 

4 the compact, the legally designated official who is assigned 

5 responsibility for emergency management is responsible 

6 for formulation of the appropriate inter-jurisdictional mu7 tual aid plans and procedures necessary to implement this 

8 compact, and for recommendations to the jurisdiction con9 cerned with respect to the amendment of any statutes, 

10 regulations, or ordinances required for that purpose. 

11 ‘‘Article III—Party Jurisdiction Responsibilities 

12 ‘‘(a) FORMULATE PLANS AND PROGRAMS.—It is the 

13 responsibility of each party jurisdiction to formulate pro14 cedural plans and programs for inter-jurisdictional co15 operation in the performance of the responsibilities listed 

16 in this section. In formulating and implementing such 

17 plans and programs the party jurisdictions, to the extent 

18 practical, shall— 

19 ‘‘(1) review individual jurisdiction hazards anal20 yses that are available and, to the extent reasonably 

21 possible, determine all those potential emergencies 

22 the party jurisdictions might jointly suffer, whether 

23 due to natural disaster, technological hazard, man24 made disaster or emergency aspects of resource 

25 shortages; 

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1 ‘‘(2) initiate a process to review party jurisdic2 tions’ individual emergency plans and develop a plan 

3 that will determine the mechanism for the inter-ju4 risdictional cooperation; 

5 ‘‘(3) develop inter-jurisdictional procedures to 

6 fill any identified gaps and to resolve any identified 

7 inconsistencies or overlaps in existing or developed 

8 plans; 

9 ‘‘(4) assist in warning communities adjacent to 

10 or crossing jurisdictional boundaries; 

11 ‘‘(5) protect and ensure delivery of services, 

12 medicines, water, food, energy and fuel, search and 

13 rescue, and critical lifeline equipment, services and 

14 resources, both human and material to the extent 

15 authorized by law; 

16 ‘‘(6) inventory and agree upon procedures for 

17 the inter-jurisdictional loan and delivery of human 

18 and material resources, together with procedures for 

19 reimbursement or forgiveness; and 

20 ‘‘(7) provide, to the extent authorized by law, 

21 for temporary suspension of any statutes or ordi22 nances, over which the province or state has jurisdic23 tion, that impede the implementation of the respon24 sibilities described in this subsection. 

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1 ‘‘(b) REQUEST ASSISTANCE.—The authorized rep2 resentative of a party jurisdiction may request assistance 

3 of another party jurisdiction by contacting the authorized 

4 representative of that jurisdiction. These provisions only 

5 apply to requests for assistance made by and to authorized 

6 representatives. Requests may be verbal or in writing. If 

7 verbal, the request must be confirmed in writing within 

8 15 days of the verbal request. Requests must provide the 

9 following information: 

10 ‘‘(1) A description of the emergency service 

11 function for which assistance is needed and of the 

12 mission or missions, including but not limited to fire 

13 services, emergency medical, transportation, commu14 nications, public works and engineering, building in15 spection, planning and information assistance, mass 

16 care, resource support, health and medical services, 

17 and search and rescue. 

18 ‘‘(2) The amount and type of personnel, equip19 ment, materials, and supplies needed and a reason20 able estimate of the length of time they will be need21 ed. 

22 ‘‘(3) The specific place and time for staging of 

23 the assisting party’s response and a point of contact 

24 at the location. 

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1 ‘‘(c) CONSULTATION AMONG PARTY JURISDICTION

2 OFFICIALS.—There shall be frequent consultation among 

3 the party jurisdiction officials who have assigned emer4 gency management responsibilities, such officials collec5 tively known hereinafter as the International Emergency 

6 Management Group, and other appropriate representa7 tives of the party jurisdictions with free exchange of infor8 mation, plans, and resource records relating to emergency 

9 capabilities to the extent authorized by law. 

10 ‘‘Article IV—Limitation 

11 ‘‘Any party jurisdiction requested to render mutual 

12 aid or conduct exercises and training for mutual aid shall 

13 undertake to respond as soon as possible, except that it 

14 is understood that the jurisdiction rendering aid may with15 hold or recall resources to the extent necessary to provide 

16 reasonable protection for that jurisdiction. Each party ju17 risdiction shall afford to the personnel of the emergency 

18 forces of any party jurisdiction, while operating within its 

19 jurisdictional limits under the terms and conditions of this 

20 compact and under the operational control of an officer 

21 of the requesting party, the same powers, duties, rights, 

22 privileges, and immunities as are afforded similar or like 

23 forces of the jurisdiction in which they are performing 

24 emergency services. Emergency forces continue under the 

25 command and control of their regular leaders, but the ormstockstill on PROD1PC66 with BILLS

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1 ganizational units come under the operational control of 

2 the emergency services authorities of the jurisdiction re3 ceiving assistance. These conditions may be activated, as 

4 needed, by the jurisdiction that is to receive assistance or 

5 upon commencement of exercises or training for mutual 

6 aid and continue as long as the exercises or training for 

7 mutual aid are in progress, the emergency or disaster re8 mains in effect or loaned resources remain in the receiving 

9 jurisdiction or jurisdictions, whichever is longer. The re10 ceiving jurisdiction is responsible for informing the assist11 ing jurisdictions of the specific moment when services will 

12 no longer be required. 

13 ‘‘Article V—Licenses and Permits 

14 ‘‘Whenever a person holds a license, certificate, or 

15 other permit issued by any jurisdiction party to the com16 pact evidencing the meeting of qualifications for profes17 sional, mechanical, or other skills, and when such assist18 ance is requested by the receiving party jurisdiction, such 

19 person is deemed to be licensed, certified, or permitted by 

20 the jurisdiction requesting assistance to render aid involv21 ing such skill to meet an emergency or disaster, subject 

22 to such limitations and conditions as the requesting juris23 diction prescribes by Executive order or otherwise. 

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1 ‘‘Article VI—Liability 

2 ‘‘Any person or entity of a party jurisdiction ren3 dering aid in another jurisdiction pursuant to this compact 

4 are considered agents of the requesting jurisdiction for 

5 tort liability and immunity purposes. Any person or entity 

6 rendering aid in another jurisdiction pursuant to this com7 pact are not liable on account of any act or omission in 

8 good faith on the part of such forces while so engaged 

9 or on account of the maintenance or use of any equipment 

10 or supplies in connection therewith. Good faith in this arti11 cle does not include willful misconduct, gross negligence, 

12 or recklessness. 

13 ‘‘Article VII—Supplementary Agreements 

14 ‘‘Because it is probable that the pattern and detail 

15 of the machinery for mutual aid among 2 or more jurisdic16 tions may differ from that among the jurisdictions that 

17 are party to this compact, this compact contains elements 

18 of a broad base common to all jurisdictions, and nothing 

19 in this compact precludes any jurisdiction from entering 

20 into supplementary agreements with another jurisdiction 

21 or affects any other agreements already in force among 

22 jurisdictions. Supplementary agreements may include, but 

23 are not limited to, provisions for evacuation and reception 

24 of injured and other persons and the exchange of medical, 

25 fire, public utility, reconnaissance, welfare, transportation 

26 and communications personnel, equipment, and supplies. 

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1 ‘‘Article VIII—Workers’ Compensation and Death 

2 Benefits 

3 ‘‘Each party jurisdiction shall provide, in accordance 

4 with its own laws, for the payment of workers’ compensa5 tion and death benefits to injured members of the emer6 gency forces of that jurisdiction and to representatives of 

7 deceased members of those forces if the members sustain 

8 injuries or are killed while rendering aid pursuant to this 

9 compact, in the same manner and on the same terms as 

10 if the injury or death were sustained within their own ju11 risdiction. 

12 ‘‘Article IX—Reimbursement 

13 ‘‘Any party jurisdiction rendering aid in another ju14 risdiction pursuant to this compact shall, if requested, be 

15 reimbursed by the party jurisdiction receiving such aid for 

16 any loss or damage to, or expense incurred in, the oper17 ation of any equipment and the provision of any service 

18 in answering a request for aid and for the costs incurred 

19 in connection with those requests. An aiding party juris20 diction may assume in whole or in part any such loss, 

21 damage, expense, or other cost or may loan such equip22 ment or donate such services to the receiving party juris23 diction without charge or cost. Any 2 or more party juris24 dictions may enter into supplementary agreements estab25 lishing a different allocation of costs among those jurisdicmstockstill on PROD1PC66 with BILLS

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1 tions. Expenses under article VIII are not reimbursable 

2 under this section. 

3 ‘‘Article X—Evacuation 

4 ‘‘Each party jurisdiction shall initiate a process to 

5 prepare and maintain plans to facilitate the movement of 

6 and reception of evacuees into its territory or across its 

7 territory, according to its capabilities and powers. The 

8 party jurisdiction from which the evacuees came shall as9 sume the ultimate responsibility for the support of the 

10 evacuees, and after the termination of the emergency or 

11 disaster, for the repatriation of such evacuees. 

12 ‘‘Article XI—Implementation 

13 ‘‘(a) This compact is effective upon its execution or 

14 adoption by any 2 jurisdictions, and is effective as to any 

15 other jurisdiction upon its execution or adoption thereby: 

16 subject to approval or authorization by the United States 

17 Congress, if required, and subject to enactment of provin18 cial or State legislation that may be required for the effec19 tiveness of the Memorandum of Understanding. 

20 ‘‘(b) Any party jurisdiction may withdraw from this 

21 compact, but the withdrawal does not take effect until 30 

22 days after the governor or premier of the withdrawing ju23 risdiction has given notice in writing of such withdrawal 

24 to the governors or premiers of all other party jurisdic25 tions. The action does not relieve the withdrawing jurisdicmstockstill on PROD1PC66 with BILLS

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1 tion from obligations assumed under this compact prior 

2 to the effective date of withdrawal. 

3 ‘‘(c) Duly authenticated copies of this compact in the 

4 French and English languages and of such supplementary 

5 agreements as may be entered into shall, at the time of 

6 their approval, be deposited with each of the party juris7 dictions. 

8 ‘‘Article XII—Severability 

9 ‘‘This compact is construed to effectuate the purposes 

10 stated in Article I. If any provision of this compact is de11 clared unconstitutional or the applicability of the compact 

12 to any person or circumstances is held invalid, the validity 

13 of the remainder of this compact and the applicability of 

14 the compact to other persons and circumstances are not 

15 affected. 

16 ‘‘Article XIII—Consistency of Language 

17 ‘‘The validity of the arrangements and agreements 

18 consented to in this compact shall not be affected by any 

19 insubstantial difference in form or language as may be 

20 adopted by the various states and provinces. 

21 ‘‘Article XIV—Amendment 

22 ‘‘This compact may be amended by agreement of the 

23 party jurisdictions.’’. 

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1 SEC. 2. INCONSISTENCY OF LANGUAGE. 

2 The validity of the arrangements consented to by this 

3 Act shall not be affected by any insubstantial difference 

4 in their form or language as adopted by the States and 

5 provinces. 

6 SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL. 

7 The right to alter, amend, or repeal this Act is hereby 

8 expressly reserved. 

Æ 

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