[Congressional Record (Bound Edition), Volume 153 (2007), Part 26] [House] [Pages 35571-35574] [From the U.S. Government Publishing Office, www.gpo.gov]GRANTING CONSENT TO INTERNATIONAL EMERGENCY MANAGEMENT ASSISTANCE MEMORANDUM OF UNDERSTANDING Mr. CROWLEY. Mr. Speaker, I move to suspend the rules and pass the Senate joint resolution (S.J. Res. 13) granting the consent of Congress to the International Emergency Management Assistance Memorandum of Understanding. The Clerk read the title of the Senate joint resolution. The text of the Senate joint resolution is as follows: S.J. Res. 13 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 International Emergency Management Assistance Memorandum of Understanding entered into between the States of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut and the Provinces of Quebec, New Brunswick, Prince Edward Island, Nova Scotia and Newfoundland. The compact is substantially as follows: ``Article I--International Emergency Management Assistance Memorandum of Understanding Purpose and Authorities ``The International 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 `party jurisdictions.' For the purposes of this agreement, the term `jurisdictions' may include any or all of the States of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut and the Provinces of Quebec, New Brunswick, Prince Edward Island, Nova Scotia and Newfoundland, and such other states and provinces as may hereafter become a party to this compact. ``The purpose of this compact is to provide for the possibility of mutual assistance among the jurisdictions entering into this compact 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, if need be, emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party jurisdictions or subdivisions of party jurisdictions during emergencies, with such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of emergency forces by mutual agreement among party jurisdictions. ``Article II--General Implementation ``Each party jurisdiction entering into this compact recognizes that many emergencies may exceed the capabilities of a party jurisdiction and that intergovernmental cooperation is essential in such circumstances. Each 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. ``The prompt, full, and effective utilization of resources of the participating jurisdictions, including any resources on hand or available from any other source that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster, shall be the underlying principle on which all articles of this compact are understood. [[Page 35572]] ``On behalf of the party jurisdictions participating 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 jurisdiction concerned with respect to the amendment of any statutes, regulations, or ordinances required for that purpose. ``Article III--Party Jurisdiction Responsibilities ``(a) Formulate Plans and Programs.--It is the responsibility of each party 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 party jurisdictions, to the extent practical, shall-- ``(1) review individual jurisdiction hazards analyses that are available and, to the extent reasonably possible, determine all those potential emergencies the party jurisdictions might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster or emergency aspects of resource shortages; ``(2) initiate a process to review party jurisdictions' individual emergency plans and develop a plan that will determine the mechanism for the inter-jurisdictional cooperation; ``(3) develop inter-jurisdictional procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans; ``(4) assist in warning communities adjacent to or crossing jurisdictional boundaries; ``(5) protect and ensure delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services and resources, both human and material to the extent authorized by law; ``(6) inventory and agree upon procedures for the inter- jurisdictional loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness; and ``(7) provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances, over which the province or state has jurisdiction, that impede the implementation of the responsibilities described in this subsection. ``(b) Request Assistance.--The authorized representative of a party jurisdiction may request assistance of another party 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 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 party's response and a point of contact at the location. ``(c) Consultation Among Party Jurisdiction Officials.-- There shall be frequent consultation among the party jurisdiction officials who have assigned emergency management responsibilities, such officials collectively known hereinafter as the International Emergency Management Group, and other appropriate representatives of the party jurisdictions with free exchange of information, plans, and resource records relating to emergency capabilities to the extent authorized by law. ``Article IV--Limitation ``Any party jurisdiction requested to render mutual aid or conduct exercises and training for mutual aid shall undertake to respond as soon as possible, except that it is understood that the jurisdiction rendering aid may withhold or recall resources to the extent necessary to provide reasonable protection for that jurisdiction. Each party jurisdiction shall afford to the personnel of the emergency forces of any party jurisdiction, while operating within its jurisdictional limits under the terms and conditions of this compact and under the operational control of an officer of the requesting party, the same powers, duties, rights, privileges, and immunities as are afforded similar or like forces of the jurisdiction in which they are performing emergency services. Emergency forces 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 jurisdiction receiving assistance. These conditions may be activated, as needed, by the 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 jurisdiction or jurisdictions, whichever is longer. The receiving jurisdiction is responsible for informing the assisting jurisdictions of the specific moment 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 jurisdiction party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party 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 party jurisdiction rendering aid in another jurisdiction pursuant to this compact are considered agents of the requesting jurisdiction for tort liability and immunity purposes. Any person or entity rendering aid in another jurisdiction pursuant to this compact are 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 machinery for mutual aid among 2 or more jurisdictions may differ from that among the jurisdictions that are party to this compact, this compact contains elements of a broad base common to all jurisdictions, and nothing in this compact precludes any jurisdiction from entering into supplementary agreements with another jurisdiction or affects any other agreements already in force among 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 party jurisdiction shall provide, in accordance with its own laws, for the payment of workers' compensation and death benefits to injured members of the emergency forces of that 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 party jurisdiction rendering aid in another jurisdiction pursuant to this compact shall, if requested, be reimbursed by the party 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 party 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 party jurisdiction without charge or cost. Any 2 or more party 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--Evacuation ``Each party jurisdiction shall initiate a process to prepare and maintain plans to facilitate the movement of and reception of evacuees into its territory or across its territory, according to its capabilities and powers. The party jurisdiction from which the evacuees came shall assume the ultimate responsibility for the support of the evacuees, and after the termination of the emergency or disaster, for the repatriation of such evacuees. ``Article XI--Implementation ``(a) This compact is effective upon its execution or adoption by any 2 jurisdictions, 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) Any party 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 party jurisdictions. The action does not relieve the withdrawing jurisdiction from obligations assumed under this compact prior to the effective date of withdrawal. [[Page 35573]] ``(c) 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 party jurisdictions. ``Article XII--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 XIII--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. ``Article XIV--Amendment ``This compact may be amended by agreement of the party jurisdictions.''. 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. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New York (Mr. Crowley) and the gentleman from Texas (Mr. Poe) each will control 20 minutes. The Chair recognizes the gentleman from New York. General Leave Mr. CROWLEY. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the joint resolution under consideration. The SPEAKER pro tempore. Is there objection to the request of the gentleman from New York? There was no objection. Mr. CROWLEY. Mr. Speaker, I rise in strong support of this resolution, and I yield myself such time as I may consume. Mr. Speaker, in January 1998 a devastating ice storm struck the northern New England border region. Damage to the region's infrastructure was considerable, and millions spent days in the dark on both sides of the border between the U.S. and Canada. When the lights came back on, there were over 30 dead. This tragedy resulted in an effort in cross-border cooperation that has yielded the mutual assistance compact we have before us today. The International Emergency Management Assistance Memorandum of Understanding provides a legal framework for cooperation between the States of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont, with the Canadian Provinces of Quebec, New Brunswick, Prince Edward Island, Nova Scotia, and Newfoundland and Labrador. The compact allows for management of any emergency or disaster arising from natural disaster, technological disaster, man-made disaster, or civil emergency. It seeks to regularize plan and program formulation; assist in warning communities adjacent to or crossing jurisdictional boundaries; ensure critical delivery of services as well as medicines, water, food, energy and fuel; and to clarify search and rescue protocols and issues related to evacuation. The Senate has already passed their version of the resolution; and passage today in the House, as required by the Constitution, will permit this compact to come into effect. It is worth noting, as well, that several years ago the Senate passed a similar resolution, but the House failed to act and the moment faded. We must not let this happen again. This is the kind of international cooperation that makes it safer and stronger. I thank the gentleman from Vermont (Mr. Welch), particularly, for his strong leadership on this important compact and for his diligence in trying to ensure greater cooperation with Canada on emergency issues. This resolution deserves our support, and I urge all of my colleagues to join me in doing so. Mr. Speaker, I reserve the balance of my time. Mr. POE. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I am pleased to join my colleagues today in support of Senate Joint Resolution 13. The States of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut have negotiated an International Management Emergency Assistance Memorandum of Understanding with the Canadian provinces of Quebec, New Brunswick, Prince Edward Island, Nova Scotia, and Newfoundland. This MOU creates a framework for cooperation among the participating jurisdictions when they face natural disasters or other emergencies that they have in common. Article I, section 10 of our Constitution requires that any agreement between States and foreign powers obtain the consent of Congress. That is what this legislation will grant. All of us know too well the significant resources needed to overcome a disaster, whether natural or man-made. I applaud the initiative taken by these States and their Canadian neighbors to proactively plan for the resource management and mutual assistance that may become necessary in unexpected times of crisis. As confirmed by the Congressional Budget Office, this resolution will not result in any cost to the Federal Government or impose any costs on State or local governments. I support this measure and urge adoption thereof. Mr. Speaker, I reserve the balance of my time. Mr. CROWLEY. Mr. Speaker, I am delighted to yield such time as he may consume to the gentleman from Vermont and the sponsor of this legislation, Peter Welch. Mr. WELCH of Vermont. I thank the gentleman from New York. There is a reason, Mr. Speaker, that all of the Senators from the New England States, all of the Members of Congress from the New England States join in support of this resolution. Their legislatures and their governors all support this, as well as the legislatures and the premiers in the provinces of Canada that have been mentioned. That is because we need each other in a moment of weather disaster. As the gentleman from New York (Mr. Crowley) referred to, there was a severe ice storm in 1998 and this response that we had in those New England States, with the help of the provinces, was helpful to alleviate some of the suffering, but not all. This is fundamentally important in order that we be able to cooperate to the mutual benefit of folks in the New England region and in the Canadian provinces. I want to express my gratitude to the Foreign Affairs Committee, my gratitude to my friend from Texas. I am sorry that Texas isn't part of this because then we would really be in good shape. {time} 1515 And I want to thank Mr. Crowley and the members of the leadership staff and the staff of the Foreign Relations Committee for moving this forward on such an expedited basis. The more we can cooperate to help each other, the better all of us are going to be. And as my friend from Texas would say, ``That's just the way it is.'' We must all do our best to prepare for the most serious emergencies that can harm our communities. As those who live in the Northeast know, extreme weather is not uncommon in New England, or in the eastern provinces of Canada. Together with our Canadian neighbors, we have endured catastrophic blizzards and ice storms over the years that have closed roads and highways, shut down power for extended periods, and stranded travelers and rural residents for days, or longer. During these events, we turn to our first responders and our emergency management professionals to provide assistance and secure public safety no matter how grave the danger, and no matter how challenging the task. The IEMAMOU compact was created in response to the devastating ice storm of 1998. In January of that year, an unprecedented 3-day ice storm paralyzed portions of the northern New England States and the adjacent Canadian provinces, causing massive damage to the electrical and transportation infrastructure. Millions were left in the dark for days and even weeks, leaving more than 30 dead and shutting down normal activities in large cities like Montreal and Ottawa. Following this devastation, the governors and premiers of those [[Page 35574]] regions affected recognized the need for greater cross-border emergency cooperation, and they directed their emergency management leaders to develop and create a memorandum of understanding on these issues that benefit all parties north and south of the border. The IEMAMOU compact was the result of this collaborative, international process, and now stands as a model compact for cross-border mutual emergency assistance. The compact allows for international sharing of resources and expertise in times of extreme emergency or disaster. The IEMAMOU compact meets these needs with a thoughtful and forward-looking outline of how to address issues that face first responders and their managers in times of cross-border emergency. This international compact provides a legal framework for cooperation and mutual assistance between the States of Vermont, New Hampshire, Maine, Massachusetts, Rhode Island, and Connecticut, and the Canadian provinces of Quebec, New Brunswick, Prince Edward Island, Nova Scotia, and Newfoundland and Labrador. The compact requires each participating member, whether State or province, to formulate plans and programs to facilitate international and interstate or provincial cooperation in case of natural or manmade disaster, technological hazard, or civil emergency. All members of this compact have agreed to its terms and join in requesting Congress's consent for the agreement. Vermont, New Hampshire, Maine, Massachusetts, Rhode Island, and Connecticut have joined the IEMAMOU compact, and many of these States have passed legislation adopting the compact under State law. The premiers of Quebec, Prince Edward Island, Labrador, Nova Scotia, and New Brunswick have similarly approved of the compact. The IEMAMOU compact has been functioning in principle for more than 5 years, as the emergency management leaders from each member State and province meet twice a year. Planning among the constituent members of the compact is also ongoing. This compact works well and should be supported by Congress. The IEMAMOU compact is an international agreement between States and a foreign power, and it cannot have the full force of law without the formal approval of Congress. The U.S. Constitution requires that ``[n]o state shall . . . enter into any Agreement or Compact with another State, or with a foreign Power'' unless with the ``consent of Congress.'' U.S. Const. Art. 1, Sec. 10, cl. 3. The joint resolution introduced today provides this necessary consent, and would give legal force to the compact. Congressional approval of this compact would also provide jurisdiction for Federal courts to resolve any disputes under the agreement. This joint resolution is vitally important to the New England States and our Canadian provinces to the north. Congress should support their cooperative, international leadership in creating and implementing this unique emergency management compact. The Governor of Vermont supports this joint resolution as do the leaders of the North East States Emergency Consortium, which represents each of the New England States in the compact. It is time to take action and pass this joint resolution without further delay. The IEMAMOU compact provides invaluable international cooperation and mutual assistance in times of natural disaster and extreme emergency. This compact works well for New England and the eastern Canadian provinces, and it stands as a model for emergency management planning and cooperation across this country. Mr. POE. Mr. Speaker, I want to commend my friend Peter Welch from Vermont for his comments, and mainly for sponsoring this cross-border initiative showing that the New England States and some provinces in Canada can get along together for cooperation of mutual concern. And I, too, am sorry that Texas is not a part of this initiative as well. Mr. Speaker, I yield back the balance of my time. Mr. CROWLEY. Mr. Speaker, I want to thank my colleague as well, Mr. Welch from Vermont, for sponsoring this. Two hundred thirty-two years ago, during the battle of Quebec, there was hostility between the residents of Quebec and the struggling colonists that were striving for their freedom from Great Britain. We've come a long way in 232 years. It's about time we get a protocol in place that ensures that lives are saved during times of disaster, whether manmade or natural. I commend my friend again for sponsoring this legislation, and I urge its adoption. Mr. Speaker, I yield back the balance of my time. The SPEAKER pro tempore. The question is on the motion offered by the gentleman from New York (Mr. Crowley) that the House suspend the rules and pass the Senate joint resolution, S.J. Res. 13. The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the Senate joint resolution was passed. A motion to reconsider was laid on the table. ____________________