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, 

SECTION 1. CONGRESSIONAL CONSENT. 

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. 
S. J. Res. 44—2 

‘‘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, manmade 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 
S. J. Res. 44—3 

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 
S. J. Res. 44—4 

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 
S. J. Res. 44—5 

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.’’. 

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. 
S. J. Res. 44—6 

SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL. 

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.