110TH CONGRESS 

1ST SESSION S. J. RES. 13

JOINT RESOLUTION

Granting the consent of Congress to the International Emergency Management Assistance Memorandum of Understanding.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 SECTION 1. CONGRESSIONAL CONSENT. 

4 Congress consents to the International Emergency 

5 Management Assistance Memorandum of Understanding 

6 entered into between the States of Maine, New Hamp7 shire, Vermont, Massachusetts, Rhode Island, and Con8 necticut and the Provinces of Quebec, New Brunswick, 

9 Prince Edward Island, Nova Scotia and Newfoundland. 

10 The compact is substantially as follows: 

11 ‘‘Article I—International Emergency Management As12 sistance Memorandum of Understanding 

13 Purpose and Authorities 

14 ‘‘The International Emergency Management Assist15 ance Memorandum of Understanding, hereinafter referred 

16 to as the ‘compact,’ is made and entered into by and 
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1 among such of the jurisdictions as shall enact or adopt 

2 this compact, hereinafter referred to as ‘party jurisdic3 tions.’ For the purposes of this agreement, the term ‘juris4 dictions’ may include any or all of the States of Maine, 

5 New Hampshire, Vermont, Massachusetts, Rhode Island, 

6 and Connecticut and the Provinces of Quebec, New Bruns7 wick, Prince Edward Island, Nova Scotia and Newfound8 land, and such other states and provinces as may hereafter 

9 become a party to this compact. 

10 ‘‘The purpose of this compact is to provide for the 

11 possibility of mutual assistance among the jurisdictions 

12 entering into this compact in managing any emergency or 

13 disaster when the affected jurisdiction or jurisdictions ask 

14 for assistance, whether arising from natural disaster, tech15 nological hazard, manmade disaster or civil emergency as16 pects of resources shortages. 

17 ‘‘This compact also provides for the process of plan18 ning mechanisms among the agencies responsible and for 

19 mutual cooperation, including, if need be, emergency-re20 lated exercises, testing, or other training activities using 

21 equipment and personnel simulating performance of any 

22 aspect of the giving and receiving of aid by party jurisdic23 tions or subdivisions of party jurisdictions during emer24 gencies, with such actions occurring outside actual de25 clared emergency periods. Mutual assistance in this com-
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1 pact may include the use of emergency forces by mutual 

2 agreement among party jurisdictions. 

3 ‘‘Article II—General Implementation 

4 ‘‘Each party jurisdiction entering into this compact 

5 recognizes that many emergencies may exceed the capa6 bilities of a party jurisdiction and that intergovernmental 

7 cooperation is essential in such circumstances. Each juris8 diction further recognizes that there will be emergencies 

9 that may require immediate access and present procedures 

10 to apply outside resources to make a prompt and effective 

11 response to such an emergency because few, if any, indi12 vidual jurisdictions have all the resources they need in all 

13 types of emergencies or the capability of delivering re14 sources to areas where emergencies exist. 

15 ‘‘The prompt, full, and effective utilization of re16 sources of the participating jurisdictions, including any re17 sources on hand or available from any other source that 

18 are essential to the safety, care, and welfare of the people 

19 in the event of any emergency or disaster, shall be the 

20 underlying principle on which all articles of this compact 

21 are understood. 

22 ‘‘On behalf of the party jurisdictions participating in 

23 the compact, the legally designated official who is assigned 

24 responsibility for emergency management is responsible 

25 for formulation of the appropriate inter-jurisdictional mu-
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1 tual aid plans and procedures necessary to implement this 

2 compact, and for recommendations to the jurisdiction con3 cerned with respect to the amendment of any statutes, 

4 regulations, or ordinances required for that purpose. 

5 ‘‘Article III—Party Jurisdiction Responsibilities 

6 ‘‘(a) FORMULATE PLANS AND PROGRAMS.—It is the 

7 responsibility of each party jurisdiction to formulate pro8 cedural plans and programs for inter-jurisdictional co9 operation in the performance of the responsibilities listed 

10 in this section. In formulating and implementing such 

11 plans and programs the party jurisdictions, to the extent 

12 practical, shall—

13 ‘‘(1) review individual jurisdiction hazards anal14 yses that are available and, to the extent reasonably 

15 possible, determine all those potential emergencies 

16 the party jurisdictions might jointly suffer, whether 

17 due to natural disaster, technological hazard, man18 made disaster or emergency aspects of resource 

19 shortages; 

20 ‘‘(2) initiate a process to review party jurisdic21 tions’ individual emergency plans and develop a plan 

22 that will determine the mechanism for the inter-ju23 risdictional cooperation; 

24 ‘‘(3) develop inter-jurisdictional procedures to 

25 fill any identified gaps and to resolve any identified 
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1 inconsistencies or overlaps in existing or developed 

2 plans; 

3 ‘‘(4) assist in warning communities adjacent to 

4 or crossing jurisdictional boundaries; 

5 ‘‘(5) protect and ensure delivery of services, 

6 medicines, water, food, energy and fuel, search and 

7 rescue, and critical lifeline equipment, services and 

8 resources, both human and material to the extent 

9 authorized by law; 

10 ‘‘(6) inventory and agree upon procedures for 

11 the inter-jurisdictional loan and delivery of human 

12 and material resources, together with procedures for 

13 reimbursement or forgiveness; and 

14 ‘‘(7) provide, to the extent authorized by law, 

15 for temporary suspension of any statutes or ordi16 nances, over which the province or state has jurisdic17 tion, that impede the implementation of the respon18 sibilities described in this subsection. 

19 ‘‘(b) REQUEST ASSISTANCE.—The authorized rep20 resentative of a party jurisdiction may request assistance 

21 of another party jurisdiction by contacting the authorized 

22 representative of that jurisdiction. These provisions only 

23 apply to requests for assistance made by and to authorized 

24 representatives. Requests may be verbal or in writing. If 

25 verbal, the request must be confirmed in writing within 
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1 15 days of the verbal request. Requests must provide the 

2 following information: 

3 ‘‘(1) A description of the emergency service 

4 function for which assistance is needed and of the 

5 mission or missions, including but not limited to fire 

6 services, emergency medical, transportation, commu7 nications, public works and engineering, building in8 spection, planning and information assistance, mass 

9 care, resource support, health and medical services, 

10 and search and rescue. 

11 ‘‘(2) The amount and type of personnel, equip12 ment, materials, and supplies needed and a reason13 able estimate of the length of time they will be need14 ed. 

15 ‘‘(3) The specific place and time for staging of 

16 the assisting party’s response and a point of contact 

17 at the location. 

18 ‘‘(c) CONSULTATION AMONG PARTY JURISDICTION

19 OFFICIALS.—There shall be frequent consultation among 

20 the party jurisdiction officials who have assigned emer21 gency management responsibilities, such officials collec22 tively known hereinafter as the International Emergency 

23 Management Group, and other appropriate representa24 tives of the party jurisdictions with free exchange of infor-
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1 mation, plans, and resource records relating to emergency 

2 capabilities to the extent authorized by law. 

3 ‘‘Article IV—Limitation 

4 ‘‘Any party jurisdiction requested to render mutual 

5 aid or conduct exercises and training for mutual aid shall 

6 undertake to respond as soon as possible, except that it 

7 is understood that the jurisdiction rendering aid may with8 hold or recall resources to the extent necessary to provide 

9 reasonable protection for that jurisdiction. Each party ju10 risdiction shall afford to the personnel of the emergency 

11 forces of any party jurisdiction, while operating within its 

12 jurisdictional limits under the terms and conditions of this 

13 compact and under the operational control of an officer 

14 of the requesting party, the same powers, duties, rights, 

15 privileges, and immunities as are afforded similar or like 

16 forces of the jurisdiction in which they are performing 

17 emergency services. Emergency forces continue under the 

18 command and control of their regular leaders, but the or19 ganizational units come under the operational control of 

20 the emergency services authorities of the jurisdiction re21 ceiving assistance. These conditions may be activated, as 

22 needed, by the jurisdiction that is to receive assistance or 

23 upon commencement of exercises or training for mutual 

24 aid and continue as long as the exercises or training for 

25 mutual aid are in progress, the emergency or disaster re-
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1 mains in effect or loaned resources remain in the receiving 

2 jurisdiction or jurisdictions, whichever is longer. The re3 ceiving jurisdiction is responsible for informing the assist4 ing jurisdictions of the specific moment when services will 

5 no longer be required. 

6 ‘‘Article V—Licenses and Permits 

7 ‘‘Whenever a person holds a license, certificate, or 

8 other permit issued by any jurisdiction party to the com9 pact evidencing the meeting of qualifications for profes10 sional, mechanical, or other skills, and when such assist11 ance is requested by the receiving party jurisdiction, such 

12 person is deemed to be licensed, certified, or permitted by 

13 the jurisdiction requesting assistance to render aid involv14 ing such skill to meet an emergency or disaster, subject 

15 to such limitations and conditions as the requesting juris16 diction prescribes by Executive order or otherwise. 

17 ‘‘Article VI—Liability 

18 ‘‘Any person or entity of a party jurisdiction ren19 dering aid in another jurisdiction pursuant to this compact 

20 are considered agents of the requesting jurisdiction for 

21 tort liability and immunity purposes. Any person or entity 

22 rendering aid in another jurisdiction pursuant to this com23 pact are not liable on account of any act or omission in 

24 good faith on the part of such forces while so engaged 

25 or on account of the maintenance or use of any equipment 
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1 or supplies in connection therewith. Good faith in this arti2 cle does not include willful misconduct, gross negligence, 

3 or recklessness. 

4 ‘‘Article VII—Supplementary Agreements 

5 ‘‘Because it is probable that the pattern and detail 

6 of the machinery for mutual aid among 2 or more jurisdic7 tions may differ from that among the jurisdictions that 

8 are party to this compact, this compact contains elements 

9 of a broad base common to all jurisdictions, and nothing 

10 in this compact precludes any jurisdiction from entering 

11 into supplementary agreements with another jurisdiction 

12 or affects any other agreements already in force among 

13 jurisdictions. Supplementary agreements may include, but 

14 are not limited to, provisions for evacuation and reception 

15 of injured and other persons and the exchange of medical, 

16 fire, public utility, reconnaissance, welfare, transportation 

17 and communications personnel, equipment, and supplies. 

18 ‘‘Article VIII—Workers’ Compensation and Death 

19 Benefits 

20 ‘‘Each party jurisdiction shall provide, in accordance 

21 with its own laws, for the payment of workers’ compensa22 tion and death benefits to injured members of the emer23 gency forces of that jurisdiction and to representatives of 

24 deceased members of those forces if the members sustain 

25 injuries or are killed while rendering aid pursuant to this 
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1 compact, in the same manner and on the same terms as 

2 if the injury or death were sustained within their own ju3 risdiction. 

4 ‘‘Article IX—Reimbursement 

5 ‘‘Any party jurisdiction rendering aid in another ju6 risdiction pursuant to this compact shall, if requested, be 

7 reimbursed by the party jurisdiction receiving such aid for 

8 any loss or damage to, or expense incurred in, the oper9 ation of any equipment and the provision of any service 

10 in answering a request for aid and for the costs incurred 

11 in connection with those requests. An aiding party juris12 diction may assume in whole or in part any such loss, 

13 damage, expense, or other cost or may loan such equip14 ment or donate such services to the receiving party juris15 diction without charge or cost. Any 2 or more party juris16 dictions may enter into supplementary agreements estab17 lishing a different allocation of costs among those jurisdic18 tions. Expenses under article VIII are not reimbursable 

19 under this section. 

20 ‘‘Article X—Evacuation 

21 ‘‘Each party jurisdiction shall initiate a process to 

22 prepare and maintain plans to facilitate the movement of 

23 and reception of evacuees into its territory or across its 

24 territory, according to its capabilities and powers. The 

25 party jurisdiction from which the evacuees came shall as-
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1 sume the ultimate responsibility for the support of the 

2 evacuees, and after the termination of the emergency or 

3 disaster, for the repatriation of such evacuees. 

4 ‘‘Article XI—Implementation 

5 ‘‘(a) This compact is effective upon its execution or 

6 adoption by any 2 jurisdictions, and is effective as to any 

7 other jurisdiction upon its execution or adoption thereby: 

8 subject to approval or authorization by the United States 

9 Congress, if required, and subject to enactment of provin10 cial or State legislation that may be required for the effec11 tiveness of the Memorandum of Understanding. 

12 ‘‘(b) Any party jurisdiction may withdraw from this 

13 compact, but the withdrawal does not take effect until 30 

14 days after the governor or premier of the withdrawing ju15 risdiction has given notice in writing of such withdrawal 

16 to the governors or premiers of all other party jurisdic17 tions. The action does not relieve the withdrawing jurisdic18 tion from obligations assumed under this compact prior 

19 to the effective date of withdrawal. 

20 ‘‘(c) Duly authenticated copies of this compact in the 

21 French and English languages and of such supplementary 

22 agreements as may be entered into shall, at the time of 

23 their approval, be deposited with each of the party juris24 dictions. 
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1 ‘‘Article XII—Severability 

2 ‘‘This compact is construed to effectuate the purposes 

3 stated in Article I. If any provision of this compact is de4 clared unconstitutional or the applicability of the compact 

5 to any person or circumstances is held invalid, the validity 

6 of the remainder of this compact and the applicability of 

7 the compact to other persons and circumstances are not 

8 affected. 

9 ‘‘Article XIII—Consistency of Language 

10 ‘‘The validity of the arrangements and agreements 

11 consented to in this compact shall not be affected by any 

12 insubstantial difference in form or language as may be 

13 adopted by the various states and provinces. 

14 ‘‘Article XIV—Amendment 

15 ‘‘This compact may be amended by agreement of the 

16 party jurisdictions.’’. 

17 SEC. 2. INCONSISTENCY OF LANGUAGE. 

18 The validity of the arrangements consented to by this 

19 Act shall not be affected by any insubstantial difference 

20 in their form or language as adopted by the States and 

21 provinces. 
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1 SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL. 

2 The right to alter, amend, or repeal this Act is hereby 

3 expressly reserved. 

Passed the Senate October 2, 2007. 

Attest:

Secretary. 
110TH CONGRESS 

1ST SESSION S. J. RES. 13

JOINT RESOLUTION 

Granting the consent of Congress to the InterMemorandum of Understanding. national Emergency Management Assistance