Mutual Aid Agreements Mean
We describe the basic legal framework for states to provide mutual assistance between states and internationals, to identify gaps in this framework and to make proposals that could be taken to fill these gaps. We focus on: (1) types of mutual assistance; (2) current federal approaches to promoting the increased use of mutual assistance agreements by states; (3) State mutual assistance projects, including efforts to assess legal competences; and (4) Constitutional and other legal issues relating to mutual assistance (Tables 1▶-3▶▶ include laws and other authorities in relation to international and intergovernmental mutual assistance). Our conclusions point out that while existing legal powers may authorize certain types of mutual assistance (for example. (B) exchange of information), several additional measures, including legislative changes by the state, congressional approval, final legal interpretations and emergency declarations by governors, will be required before other forms of mutual assistance can be implemented. Across the country, analyses are underway on the legal power of the state to exchange information, equipment, stocks and personnel and to conclude mutual assistance agreements with other states or across international borders. Lawyers in the ten states of the Mid-America Alliance (MAA) – Colorado, Iowa, Kansas, Missouri, Montana, Nebraska, North Dakota, South Dakota, Utah and Wyoming – made a preliminary assessment of the legal authority. The MISSION of the MAA is to “create a framework for mutual assistance between states in a situation that emphasizes the resources of a single state, but does not hire a governor who has declared a state of emergency.” MaA wants to “create a system that will allow neighbouring states to exchange services, resources and information to effectively meet the needs of citizens in the event of a public health emergency.” 14 The results of the evaluation are gathered and coordinated to determine activities that can be carried out without delay by the MAA under the existing statutes and to determine which activities must await the adoption of legislation providing the necessary authority. In addition to the types of assistance that were put in place by Hurricane Katrina (staff, the exchange of epidemiological or laboratory information and specialized personnel across interstate and international borders may be essential in detecting and controlling future outbreaks of infectious diseases, whether natural (for example. B, the onset of Severe Acute Respiratory Syndrome (SARS) in 2003 or the risk of H5N1 flu, or as a result of a bioterrorist attack.
States must therefore have agreements to provide mutual assistance in all its forms, in order to facilitate an effective response to disasters such as Hurricanes Katrina and Rita and to detect and control potential outbreaks of infectious diseases before they become disasters. The Stafford Act provides an abbreviated opportunity to obtain congressional approval on intergovernmental agreements. Congressional approval is deemed granted 60 days after the transfer of an intergovernmental agreement to the two houses. Refusal or revocation of approval by Congress is approved at any time.23 Mutual Assistance Agreements (AMA) and other types of support agreements before, during and after an emergency meeting facilitate the rapid mobilization of personnel, equipment and supplies. Agreements can be concluded at several levels: between public and local authorities; between a state and localities in the state; between two or more states in a region; between states and tribes; internationally between states and neighbouring jurisdictions in Canada or Mexico. MAAS can also exist among a wide range of types of organizations, including governments, non-profit organizations and private companies. Agreements can go in the form of formal pacts introduced into law by a state legislator, up to informal declarations of intent in which