September 13, 2012 CONGRESSIONAL RECORD — SENATE S6387 

‘‘(I) a review of the progress made in updating the Pesticide Incident Data System, 

including progress toward making the information contained in the System available to 

the public (as the Administrator determines 

is appropriate); and 

‘‘(J) an assessment of the public availability of summary pesticide usage data.’’; 

and 

(C) by adding at the end the following: 

‘‘(4) OTHER REPORT.— 

‘‘(A) SCOPE.—In addition to the annual report described in paragraph (1), not later 

than October 1, 2016, the Administrator shall 

submit to the Committee on Agriculture of 

the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes an 

analysis of the impact of maintenance fees 

on small businesses that have— 

‘‘(i) 10 or fewer employees; and 

‘‘(ii) annual global gross revenue that does 

not exceed $2,000,000. 

‘‘(B) INFORMATION REQUIRED.—In conducting the analysis described in subparagraph (A), the Administrator shall collect, 

and include in the report under that subparagraph, information on— 

‘‘(i) the number of small businesses described in subparagraph (A) that are paying 

maintenance fees; and 

‘‘(ii) the number of registrations each company holds.’’. 

(7) TERMINATION OF EFFECTIVENESS.—Section 33(m) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w– 

8(m)) is amended— 

(A) in paragraph (1), by striking ‘‘2012’’ and 

inserting ‘‘2017’’; and 

(B) in paragraph (2)— 

(i) in subparagraph (A)— 

(I) in the heading, by striking ‘‘2013’’ and inserting ‘‘2018’’; 

(II) by striking ‘‘2013,’’ and inserting 

‘‘2018,’’; and 

(III) by striking ‘‘September 30, 2012’’ and 

inserting ‘‘September 30, 2017’’; 

(ii) in subparagraph (B)— 

(I) in the heading, by striking ‘‘2014’’ and inserting ‘‘2019’’; 

(II) by striking ‘‘2014,’’ and inserting 

‘‘2019,’’; and 

(III) by striking ‘‘September 30, 2012’’ and 

inserting ‘‘September 30, 2017’’; 

(iii) in subparagraph (C)— 

(I) in the heading, by striking ‘‘2014’’ and inserting ‘‘2019’’; and 

(II) by striking ‘‘September 30, 2014’’ and 

inserting ‘‘September 30, 2019’’; and 

(iv) in subparagraph (D), by striking ‘‘2012’’ 

each place it appears and inserting ‘‘2017’’. 

(c) EFFECTIVE DATE.—This section and the 

amendments made by this section take effect on October 1, 2012. 

(d) RELATIONSHIP TO OTHER LAW.—In the 

case of any conflict between this section (including the amendments made by this section) and a joint resolution making continuing appropriations for fiscal year 2013 

(including any amendments made by such a 

joint resolution), this section and the 

amendments made by this section shall control. 

f 

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 

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S6388 CONGRESSIONAL RECORD — SENATE September 13, 2012 

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. 

f 

EXPRESSING APPRECIATION FOR 

UNITED STATES FOREIGN AND 

CIVIL SERVICE PROFESSIONALS 

AROUND THE GLOBE 

Mr. DURBIN. Mr. President, I ask 

unanimous consent the Senate proceed 

to Calendar No. 386, S. Res. No. 401. 

The PRESIDING OFFICER. The 

clerk will report. 

The bill clerk read as follows: 

A resolution (S. Res. 401) expressing appreciation for Foreign Service and Civil Service 

professionals who represent the United 

States around the globe. 

There being no objection, the Senate 

proceeded to consider the resolution. 

Mr. DURBIN. Mr. President, I ask 

unanimous consent that the resolution 

be agreed to, the preamble be agreed 

to, the motions to reconsider be laid 

upon the table, with no intervening action or debate, and any statements related to the resolution be printed in 

the RECORD. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The resolution (S. Res. 401) was 

agreed to. 

The preamble was agreed to. 

The resolution, with its preamble, 

reads as follows: 

S. RES. 401 

Whereas the United States Foreign Service 

was established by Congress in 1924 to professionalize the country’s diplomatic and consular services and advance freedom, democracy, and security for the benefit of the people of the United States and the international community; 

Whereas the United States Agency for 

International Development was established 

in 1961 to support the foreign policy goals of 

the United States through economic, development, and humanitarian assistance; 

Whereas the Department of State and the 

United States Agency for International Development together employ more than 27,000 

United States nationals in the Foreign Service and Civil Service dedicated to promoting 

United States interests around the world; 

Whereas Foreign Service personnel deploy 

to Asia, Africa, the Americas, Australia, Europe, the Middle East, and Southeast Asia on 

a permanent, rotating basis to defend and 

promote United States priorities abroad; 

Whereas many Foreign Service employees 

spend months or years away from families 

and loved ones on assignment to dangerous 

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