As the MAA and other states resolve state legal issues related to the sharing of supplies, equipment, and personnel in undeclared emergencies, they can also serve as mechanisms to determine how best to comply with federal constitutional requirements. In particular, in the intergovernmental context, prosecutors may wish to review the jurisprudence on the interpretation of the Covenant clause with respect to agreements between States with a view to determining whether States have more flexibility with respect to such agreements than would be the case with respect to agreements with foreign Governments. Case law suggests that binding agreements may be valid without congressional approval if they do not interfere with the power of the federal government or alter the political balance between the states and the federal government.25 The treaty between the United States and Canada provides for the promotion and facilitation of appropriate cooperation between provinces and states in emergency management. The Stafford Act requires the director of the Federal Emergency Management Agency to „provide states with all possible assistance in organizing mutual assistance in emergency preparedness between states and neighboring countries through the State Department.” 8 One of the tasks of the U.S.-Mexico Border Health Commission is to establish a system for collecting health data and monitoring health problems in the U.S.-Mexico border area. The SPP, which was founded on the 23rd. Founded in March 2005 by the leaders of the United States, Mexico and Canada, it envisions a „healthier North America.” In line with this objective, SPP efforts include improving information exchange mechanisms, developing cross-border mutual assistance protocols, implementing guidelines for the coordination of epidemiological events of common interest developed by the Health Working Group of the U.S.-Mexico Binational Commission, and establishing an early warning system for disease surveillance. infectious (EWIDS). For the latter element, DHHS provides funding to 20 border states and Mexico for the development of EWIDS systems in cooperation with the provinces and cross-border states of Canada and Mexico, respectively. IMAS was created by the 78th Session of the Nevada Legislature. Chapter 414A came into force on 1. July 2015 and authorizes the Nevada Department of Public Safety, Division of Emergency Management to administer the system in accordance with the provisions of the Chapter and to coordinate the provision of mutual assistance during the response and recovery of an emergency or disaster (NRS 414A.100 (2) (a)).
In response to the growing recognition of the importance of mutual aid agreements, the Centers for Disease Control and Prevention`s Public Health Law Program has undertaken efforts to characterize the legal framework for mutual assistance. Specifically, the programme collected information on mutual legal assistance and related laws for categories of intergovernmental and international assistance, systematically collected and synthesized information, conducted basic complementary legal research, and evaluated and identified legal approaches to achieve effective mutual assistance. These efforts included meetings, observations and participation in the activities of several groups involved at the national level in projects aimed at improving the mutual support of the State to other States or colleagues in Mexico and Canada. EMAC is a type of MAID that facilitates the sharing of aid between states during emergency events, including natural and man-made disasters. The EMAC has been ratified by the United States. Congress in 1996.3 It is the most widely used MAA in the United States; EMAC has been adopted by all states, the District of Columbia, and some territories.4 EMAC does not replace federal assistance, but complements federal resources or provides resources when an event does not warrant federal assistance. EMAC is triggered by a requesting state through a declaration of emergency by the Governor and a request for assistance made through the National Emergency Management Association (NEMA), the organization that administers EMAC.4 Support states respond to the request and provide the requested resources. Under the EMAC, the requesting State is responsible for compensating the supporting State for all costs incurred.5 EMAC also deals with issues of licensing, liability and compensation for personnel deployed as part of an EMAC claim. Those who provide assistance under the Covenant are deemed to be representatives of the requesting State for the purposes of tort and limbo and immunity; No supporting State or its officers, employees or other persons appointed by the State through EMAC shall be liable for any act or omission done in good faith.6 Intentional misconduct, gross negligence or recklessness shall be excluded from EMAC`s immunity.
Since the EMAC applies only to government officials or employees and other persons appointed by the State through the EMAC, the protection of immunity and reciprocity of licenses does not automatically extend to volunteers who provide services outside the EMAC. Volunteers should be appointed as temporary government employees to provide coverage through the EMAC. Similarly, local governments and their employees are not parties to the EMAC unless they are explicitly considered state forces by an MAA with the state. The Model State-County Mutual Aid Deployment Contract is an intergovernmental model contract that allows local emergency responders to be deployed under the auspices of EMAC.7 Some states have developed national mutual assistance systems that allow municipalities to request and provide assistance within the state.7 MUTUAL ASSISTANCE IS THE SHARING OF SUPPLIES, EQUIPMENT, PERSONNEL, INFORMATION OR OTHER RESOURCES. beyond political boundaries.. .