[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 44 Enrolled Bill (ENR)]
S.J.Res.44
One Hundred Twelfth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
Joint Resolution
Granting the consent of Congress to the State and Province Emergency
Management Assistance Memorandum of Understanding.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,

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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 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.''.

7fda09262716b7746b9e2df3d73e0737af0cb5c006c87064484797adf9dbfd76

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.

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The right to alter, amend, or repeal this Act is hereby expressly
reserved.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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A joint resolution granting the consent of Congress to the State and Province Emergency Management Assistance Memorandum of Understanding. — SJRES. 44

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