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106TH CONGRESS

2D SESSION S. J. RES. 52

Granting the consent of Congress to the International Emergency

Management Assistance Memorandum of Understanding.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 19, 2000

Mr. GREGG (for himself and 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.

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,
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1 Prince Edward Island, Nova Scotia and Newfoundland.

2 The compact is substantially as follows:

3 ‘‘Article I—International Emergency Management As4 sistance Memorandum of Understanding

5 Purpose and Authorities

6 ‘‘The International Emergency Management Assist7 ance Memorandum of Understanding, hereinafter referred

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

9 among such of the jurisdictions as shall enact or adopt

10 this compact, hereinafter referred to as ‘party jurisdic11 tions.’ For the purposes of this agreement, the term ‘juris12 dictions’ may include any or all of the States of Maine,

13 New Hampshire, Vermont, Massachusetts, Rhode Island,

14 and Connecticut and the Provinces of Quebec, New Bruns15 wick, Prince Edward Island, Nova Scotia and Newfound16 land, and such other states and provinces as may hereafter

17 become a party to this compact.

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

19 possibility of mutual assistance among the jurisdictions

20 entering into this compact in managing any emergency or

21 disaster when the affected jurisdiction or jurisdictions ask

22 for assistance, whether arising from natural disaster, tech23 nological hazard, manmade disaster or civil emergency as24 pects of resources shortages.
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1 ‘‘This compact also provides for the process of plan2 ning mechanisms among the agencies responsible and for

3 mutual cooperation, including, if need be, emergency-re4 lated exercises, testing, or other training activities using

5 equipment and personnel simulating performance of any

6 aspect of the giving and receiving of aid by party jurisdic7 tions or subdivisions of party jurisdictions during emer8 gencies, with such actions occurring outside actual de9 clared emergency periods. Mutual assistance in this com10 pact may include the use of emergency forces by mutual

11 agreement among party jurisdictions.

12 ‘‘Article II—General Implementation

13 ‘‘Each party jurisdiction entering into this compact

14 recognizes that many emergencies may exceed the capa15 bilities of a party jurisdiction and that intergovernmental

16 cooperation is essential in such circumstances. Each juris17 diction further recognizes that there will be emergencies

18 that may require immediate access and present procedures

19 to apply outside resources to make a prompt and effective

20 response to such an emergency because few, if any, indi21 vidual jurisdictions have all the resources they need in all

22 types of emergencies or the capability of delivering re23 sources to areas where emergencies exist.

24 ‘‘The prompt, full, and effective utilization of re25 sources of the participating jurisdictions, including any re-
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1 sources on hand or available from any other source that

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

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

4 underlying principle on which all articles of this compact

5 are understood.

6 ‘‘On behalf of the party jurisdictions participating in

7 the compact, the legally designated official who is assigned

8 responsibility for emergency management is responsible

9 for formulation of the appropriate inter-jurisdictional mu10 tual aid plans and procedures necessary to implement this

11 compact, and for recommendations to the jurisdiction con12 cerned with respect to the amendment of any statutes,

13 regulations, or ordinances required for that purpose.

14 ‘‘Article III—Party Jurisdiction Responsibilities

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

16 responsibility of each party jurisdiction to formulate pro17 cedural plans and programs for inter-jurisdictional co18 operation in the performance of the responsibilities listed

19 in this section. In formulating and implementing such

20 plans and programs the party jurisdictions, to the extent

21 practical, shall—

22 ‘‘(1) review individual jurisdiction hazards anal23 yses that are available and, to the extent reasonably

24 possible, determine all those potential emergencies

25 the party jurisdictions might jointly suffer, whether
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1 due to natural disaster, technological hazard, man2 made disaster or emergency aspects of resource

3 shortages;

4 ‘‘(2) initiate a process to review party jurisdic5 tions’ individual emergency plans and develop a plan

6 that will determine the mechanism for the inter-ju7 risdictional cooperation;

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

9 fill any identified gaps and to resolve any identified

10 inconsistencies or overlaps in existing or developed

11 plans;

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

13 or crossing jurisdictional boundaries;

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

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

16 rescue, and critical lifeline equipment, services and

17 resources, both human and material to the extent

18 authorized by law;

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

20 the inter-jurisdictional loan and delivery of human

21 and material resources, together with procedures for

22 reimbursement or forgiveness; and

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

24 for temporary suspension of any statutes or ordi25 nances, over which the province or state has jurisdic-
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1 tion, that impede the implementation of the respon2 sibilities described in this subsection.

3 ‘‘(b) REQUEST ASSISTANCE.—The authorized rep4 resentative of a party jurisdiction may request assistance

5 of another party jurisdiction by contacting the authorized

6 representative of that jurisdiction. These provisions only

7 apply to requests for assistance made by and to authorized

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

9 verbal, the request must be confirmed in writing within

10 15 days of the verbal request. Requests must provide the

11 following information:

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

13 function for which assistance is needed and of the

14 mission or missions, including but not limited to fire

15 services, emergency medical, transportation, commu16 nications, public works and engineering, building in17 spection, planning and information assistance, mass

18 care, resource support, health and medical services,

19 and search and rescue.

20 ‘‘(2) The amount and type of personnel, equip21 ment, materials, and supplies needed and a reason22 able estimate of the length of time they will be need23 ed.
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1 ‘‘(3) The specific place and time for staging of

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

3 at the location.

4 ‘‘(c) CONSULTATION AMONG PARTY JURISDICTION

5 OFFICIALS.—There shall be frequent consultation among

6 the party jurisdiction officials who have assigned emer7 gency management responsibilities, such officials collec8 tively known hereinafter as the International Emergency

9 Management Group, and other appropriate representa10 tives of the party jurisdictions with free exchange of infor11 mation, plans, and resource records relating to emergency

12 capabilities to the extent authorized by law.

13 ‘‘Article IV—Limitation

14 ‘‘Any party jurisdiction requested to render mutual

15 aid or conduct exercises and training for mutual aid shall

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

17 is understood that the jurisdiction rendering aid may with18 hold or recall resources to the extent necessary to provide

19 reasonable protection for that jurisdiction. Each party ju20 risdiction shall afford to the personnel of the emergency

21 forces of any party jurisdiction, while operating within its

22 jurisdictional limits under the terms and conditions of this

23 compact and under the operational control of an officer

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

25 privileges, and immunities as are afforded similar or like
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1 forces of the jurisdiction in which they are performing

2 emergency services. Emergency forces continue under the

3 command and control of their regular leaders, but the or4 ganizational units come under the operational control of

5 the emergency services authorities of the jurisdiction re6 ceiving assistance. These conditions may be activated, as

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

8 upon commencement of exercises or training for mutual

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

10 mutual aid are in progress, the emergency or disaster re11 mains in effect or loaned resources remain in the receiving

12 jurisdiction or jurisdictions, whichever is longer. The re13 ceiving jurisdiction is responsible for informing the assist14 ing jurisdictions of the specific moment when services will

15 no longer be required.

16 ‘‘Article V—Licenses and Permits

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

18 other permit issued by any jurisdiction party to the com19 pact evidencing the meeting of qualifications for profes20 sional, mechanical, or other skills, and when such assist21 ance is requested by the receiving party jurisdiction, such

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

23 the jurisdiction requesting assistance to render aid involv24 ing such skill to meet an emergency or disaster, subject
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1 to such limitations and conditions as the requesting juris2 diction prescribes by Executive order or otherwise.

3 ‘‘Article VI—Liability

4 ‘‘Any person or entity of a party jurisdiction ren5 dering aid in another jurisdiction pursuant to this compact

6 are considered agents of the requesting jurisdiction for

7 tort liability and immunity purposes. Any person or entity

8 rendering aid in another jurisdiction pursuant to this com9 pact are not liable on account of any act or omission in

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

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

12 or supplies in connection therewith. Good faith in this arti13 cle does not include willful misconduct, gross negligence,

14 or recklessness.

15 ‘‘Article VII—Supplementary Agreements

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

17 of the machinery for mutual aid among 2 or more jurisdic18 tions may differ from that among the jurisdictions that

19 are party to this compact, this compact contains elements

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

21 in this compact precludes any jurisdiction from entering

22 into supplementary agreements with another jurisdiction

23 or affects any other agreements already in force among

24 jurisdictions. Supplementary agreements may include, but

25 are not limited to, provisions for evacuation and reception
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1 of injured and other persons and the exchange of medical,

2 fire, public utility, reconnaissance, welfare, transportation

3 and communications personnel, equipment, and supplies.

4 ‘‘Article VIII—Workers’ Compensation and Death

5 Benefits

6 ‘‘Each party jurisdiction shall provide, in accordance

7 with its own laws, for the payment of workers’ compensa8 tion and death benefits to injured members of the emer9 gency forces of that jurisdiction and to representatives of

10 deceased members of those forces if the members sustain

11 injuries or are killed while rendering aid pursuant to this

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

13 if the injury or death were sustained within their own ju14 risdiction.

15 ‘‘Article IX—Reimbursement

16 ‘‘Any party jurisdiction rendering aid in another ju17 risdiction pursuant to this compact shall, if requested, be

18 reimbursed by the party jurisdiction receiving such aid for

19 any loss or damage to, or expense incurred in, the oper20 ation of any equipment and the provision of any service

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

22 in connection with those requests. An aiding party juris23 diction may assume in whole or in part any such loss,

24 damage, expense, or other cost or may loan such equip25 ment or donate such services to the receiving party juris-
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1 diction without charge or cost. Any 2 or more party juris2 dictions may enter into supplementary agreements estab3 lishing a different allocation of costs among those jurisdic4 tions. Expenses under article VIII are not reimbursable

5 under this section.

6 ‘‘Article X—Evacuation

7 ‘‘Each party jurisdiction shall initiate a process to

8 prepare and maintain plans to facilitate the movement of

9 and reception of evacuees into its territory or across its

10 territory, according to its capabilities and powers. The

11 party jurisdiction from which the evacuees came shall as12 sume the ultimate responsibility for the support of the

13 evacuees, and after the termination of the emergency or

14 disaster, for the repatriation of such evacuees.

15 ‘‘Article XI—Implementation

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

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

18 other jurisdiction upon its execution or adoption thereby:

19 subject to approval or authorization by the United States

20 Congress, if required, and subject to enactment of provin21 cial or State legislation that may be required for the effec22 tiveness of the Memorandum of Understanding.

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

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

25 days after the governor or premier of the withdrawing ju-
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1 risdiction has given notice in writing of such withdrawal

2 to the governors or premiers of all other party jurisdic3 tions. The action does not relieve the withdrawing jurisdic4 tion from obligations assumed under this compact prior

5 to the effective date of withdrawal.

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

7 French and English languages and of such supplementary

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

9 their approval, be deposited with each of the party juris10 dictions.

11 ‘‘Article XII—Severability

12 ‘‘This compact is construed to effectuate the purposes

13 stated in Article I. If any provision of this compact is de14 clared unconstitutional or the applicability of the compact

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

16 of the remainder of this compact and the applicability of

17 the compact to other persons and circumstances are not

18 affected.

19 ‘‘Article XIII—Consistency of Language

20 ‘‘The validity of the arrangements and agreements

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

22 insubstantial difference in form or language as may be

23 adopted by the various states and provinces.
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1 ‘‘Article XIV—Amendment

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

3 party jurisdictions.’’.

4 SEC. 2. INCONSISTENCY OF LANGUAGE.

5 The validity of the arrangements consented to by this

6 Act shall not be affected by any insubstantial difference

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

8 provinces.

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

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

11 expressly reserved.

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