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[Congressional Record Volume 158, Number 123 (Thursday, September 13, 2012)]
[Senate]
[Pages S6387-S6388]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

   STATE AND PROVINCE EMERGENCY MANAGEMENT ASSISTANCE MEMORANDUM OF 
                             UNDERSTANDING

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S.J. Res. 44.
  The PRESIDING OFFICER. The clerk will report the joint resolution by 
title.
  The bill clerk read as follows:

       A joint resolution (S.J. Res. 44) granting the consent of 
     Congress to the State and Province Emergency Management 
     Assistance Memorandum of Understanding.

  There being no objection, the Senate proceeded to consider the joint 
resolution.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the joint 
resolution be read a third time and passed, the motion to reconsider be 
laid upon the table, with no intervening action or debate, and any 
statements related to the joint resolution be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The joint resolution (S.J. Res. 44) was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                              S.J. Res. 44

       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 State and Province Emergency 
     Management Assistance Memorandum of Understanding entered 
     into between States of Illinois, Indiana, Ohio, Michigan, 
     Minnesota, Montana, North Dakota, Pennsylvania, New York, and 
     Wisconsin, and the Canadian Provinces of Alberta, Manitoba, 
     Ontario, and Saskatchewan. The compact is substantially as 
     follows:

                  ``article i--purpose and authorities

       ``The State and Province 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 `participating jurisdictions'. For 
     the purposes of this compact, the term `jurisdictions' may 
     include any or all of the States of Illinois, Indiana, Ohio, 
     Michigan, Minnesota, Montana, North Dakota, Pennsylvania, New 
     York, and Wisconsin, and the Canadian Provinces of Alberta, 
     Manitoba, Ontario, and Saskatchewan, and such other States 
     and provinces as may hereafter become a party to this 
     compact. The term `States' means the several States, the 
     Commonwealth of Puerto Rico, the District of Columbia, and 
     all territorial possessions of the United States. The term 
     `Province' means the 10 political units of government within 
     Canada.
       ``The purpose of this compact is to provide for the 
     possibility of mutual assistance among the participating 
     jurisdictions 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 civil emergency preparedness 
     exercises, testing, or other training activities using 
     equipment and personnel simulating performance of any aspect 
     of the giving and receiving of aid by participating 
     jurisdictions or subdivisions of participating jurisdictions 
     during emergencies, with such actions occurring outside 
     emergency periods.

                  ``article ii--general implementation

       ``Each participating jurisdiction entering into this 
     compact recognizes that many emergencies may exceed the 
     capabilities of a participating jurisdiction and that 
     intergovernmental cooperation is essential in such 
     circumstances. Each participating 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.
       ``On behalf of the participating jurisdictions 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 participating jurisdiction 
     concerned with respect to the amendment of any statutes, 
     regulations, or ordinances required for that purpose.

       ``article iii--participating jurisdiction responsibilities

       ``(a) Formulate Plans and Programs.--It is the 
     responsibility of each participating 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 participating 
     jurisdictions, to the extent practical, may--
       ``(1) share and review individual jurisdiction hazards 
     analyses that are available and determine all those potential 
     emergencies the participating jurisdictions might jointly 
     suffer, whether due to natural disaster, technological 
     hazard, man-made disaster or emergency aspects of resource 
     shortages;
       ``(2) share emergency operations plans, procedures, and 
     protocols established by each of the participating 
     jurisdictions before entering into this compact;
       ``(3) share policies and procedures for resource 
     mobilization, tracking, demobilization, and reimbursement;
       ``(4) consider joint planning, training, and exercises;
       ``(5) assist with alerts, notifications, and warnings for 
     communities adjacent to or crossing participating 
     jurisdiction boundaries;
       ``(6) consider procedures to facilitate the movement of 
     evacuees, refugees, civil emergency personnel, equipment, or 
     other resources into or across boundaries, or to a designated 
     staging area when it is agreed that such movement or staging 
     will facilitate civil emergency operations by the affected or 
     participating jurisdictions; and
       ``(7) provide, to the extent authorized by law, for 
     temporary suspension of any statutes or ordinances that 
     impeded the implementation of responsibilities described in 
     this section.
       ``(b) Request Assistance.--The authorized representative of 
     a participating jurisdiction may request assistance of 
     another participating 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

[[Page S6388]]

     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 participating jurisdictions's response and a point 
     of contact at the location.
       ``(c) Consultation Among Participating Jurisdiction 
     Officials.--There shall be periodic consultation among the 
     authorized representatives who have assigned emergency 
     management responsibilities.

                        ``article iv--limitation

       ``It is recognized that any participating jurisdiction that 
     agrees to render mutual aid or conduct exercises and training 
     for mutual aid will respond as soon as possible. It is also 
     recognized that the participating jurisdiction rendering aid 
     may withhold or recall resources to provide reasonable 
     protection for itself, at its discretion. To the extent 
     authorized by law, each participating jurisdiction will 
     afford to the personnel of the emergency contingent of any 
     other participating jurisdiction while operating within its 
     jurisdiction limits under the terms and conditions of this 
     agreement and under the operational control of an officer of 
     the requesting participating jurisdiction the same treatment 
     as is afforded similar or like human resources of the 
     participating jurisdiction in which they are performing 
     emergency services. Staff comprising the emergency contingent 
     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 participating jurisdiction receiving assistance. These 
     conditions may be activated, as needed, by the participating 
     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 participating 
     jurisdictions, whichever is longer. The receiving 
     participating jurisdiction is responsible for informing the 
     assisting participating jurisdiction 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 participating jurisdiction evidencing 
     the meeting of qualifications for professional, mechanical, 
     or other skills, and when such assistance is requested by the 
     receiving participating 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 participating jurisdiction 
     rendering aid in another jurisdiction pursuant to this 
     compact is considered an agent of the requesting jurisdiction 
     for tort liability and immunity purposes. Any person or 
     entity rendering aid in another jurisdiction pursuant to this 
     compact is 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 
     compact for mutual aid among 2 or more participating 
     jurisdictions may differ from that among the participating 
     jurisdictions that are party to this compact, this compact 
     contains elements of a broad base common to all participating 
     jurisdictions, and nothing in this compact precludes any 
     participating jurisdiction from entering into supplementary 
     agreements with another jurisdiction or affects any other 
     agreements already in force among participating 
     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 participating jurisdiction shall provide, in 
     accordance with its own laws, for the payment of workers' 
     compensation and death benefits to injured members of the 
     emergency contingent of that participating 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 participating jurisdiction rendering aid in another 
     jurisdiction pursuant to this compact shall, if requested, be 
     reimbursed by the participating 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 participating 
     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 participating 
     jurisdiction without charge or cost. Any 2 or more 
     participating 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--implementation

       ``(a) This compact is effective upon its execution or 
     adoption by any 1 State and 1 province, 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) Additional jurisdictions may participate in this 
     compact upon execution or adoption thereof.
       ``(c) Any participating 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 participating 
     jurisdictions. The action does not relieve the withdrawing 
     jurisdiction from obligations assumed under this compact 
     prior to the effective date of withdrawal.
       ``(d) 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 participating 
     jurisdictions.

                       ``article xi--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 xii--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.''.

     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.

                          ____________________
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