112TH CONGRESS 

2D SESSION S. J. RES. 44 

JOINT RESOLUTION 

Granting the consent of Congress to the State and Province 

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 State and Province Emer5 gency Management Assistance Memorandum of Under6 standing entered into between States of Illinois, Indiana, 

7 Ohio, Michigan, Minnesota, Montana, North Dakota, 

8 Pennsylvania, New York, and Wisconsin, and the Cana9 dian Provinces of Alberta, Manitoba, Ontario, and Sas10 katchewan. The compact is substantially as follows: 

11 ‘‘ARTICLE I—PURPOSE AND AUTHORITIES

12 ‘‘The State and Province Emergency Management 

13 Assistance Memorandum of Understanding, hereinafter 

14 referred to as the ‘compact’, is made and entered into by 

15 and among such of the jurisdictions as shall enact or 

16 adopt this compact, hereinafter referred to as ‘partici-
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1 pating jurisdictions’. For the purposes of this compact, the 

2 term ‘jurisdictions’ may include any or all of the States 

3 of Illinois, Indiana, Ohio, Michigan, Minnesota, Montana, 

4 North Dakota, Pennsylvania, New York, and Wisconsin, 

5 and the Canadian Provinces of Alberta, Manitoba, On6 tario, and Saskatchewan, and such other States and prov7 inces as may hereafter become a party to this compact. 

8 The term ‘States’ means the several States, the Common9 wealth of Puerto Rico, the District of Columbia, and all 

10 territorial possessions of the United States. The term 

11 ‘Province’ means the 10 political units of government 

12 within Canada. 

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

14 possibility of mutual assistance among the participating 

15 jurisdictions in managing any emergency or disaster when 

16 the affected jurisdiction or jurisdictions ask for assistance, 

17 whether arising from natural disaster, technological haz18 ard, manmade disaster or civil emergency aspects of re19 sources shortages. 

20 ‘‘This compact also provides for the process of plan21 ning mechanisms among the agencies responsible and for 

22 mutual cooperation, including civil emergency prepared23 ness exercises, testing, or other training activities using 

24 equipment and personnel simulating performance of any 

25 aspect of the giving and receiving of aid by participating 
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1 jurisdictions or subdivisions of participating jurisdictions 

2 during emergencies, with such actions occurring outside 

3 emergency periods. 

4 ‘‘ARTICLE II—GENERAL IMPLEMENTATION

5 ‘‘Each participating jurisdiction entering into this 

6 compact recognizes that many emergencies may exceed the 

7 capabilities of a participating jurisdiction and that inter8 governmental cooperation is essential in such cir9 cumstances. Each participating jurisdiction further recog10 nizes that there will be emergencies that may require im11 mediate access and present procedures to apply outside 

12 resources to make a prompt and effective response to such 

13 an emergency because few, if any, individual jurisdictions 

14 have all the resources they need in all types of emergencies 

15 or the capability of delivering resources to areas where 

16 emergencies exist. 

17 ‘‘On behalf of the participating jurisdictions in the 

18 compact, the legally designated official who is assigned re19 sponsibility for emergency management is responsible for 

20 formulation of the appropriate inter-jurisdictional mutual 

21 aid plans and procedures necessary to implement this com22 pact, and for recommendations to the participating juris23 diction concerned with respect to the amendment of any 

24 statutes, regulations, or ordinances required for that pur25 pose. 
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1 ‘‘ARTICLE III—PARTICIPATING JURISDICTION

2 RESPONSIBILITIES

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

4 responsibility of each participating jurisdiction to formu5 late procedural plans and programs for inter-jurisdictional 

6 cooperation in the performance of the responsibilities list7 ed in this section. In formulating and implementing such 

8 plans and programs the participating jurisdictions, to the 

9 extent practical, may— 

10 ‘‘(1) share and review individual jurisdiction 

11 hazards analyses that are available and determine all 

12 those potential emergencies the participating juris13 dictions might jointly suffer, whether due to natural 

14 disaster, technological hazard, man-made disaster or 

15 emergency aspects of resource shortages; 

16 ‘‘(2) share emergency operations plans, proce17 dures, and protocols established by each of the par18 ticipating jurisdictions before entering into this com19 pact; 

20 ‘‘(3) share policies and procedures for resource 

21 mobilization, tracking, demobilization, and reim22 bursement; 

23 ‘‘(4) consider joint planning, training, and exer24 cises; 
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1 ‘‘(5) assist with alerts, notifications, and warn2 ings for communities adjacent to or crossing partici3 pating jurisdiction boundaries; 

4 ‘‘(6) consider procedures to facilitate the move5 ment of evacuees, refugees, civil emergency per6 sonnel, equipment, or other resources into or across 

7 boundaries, or to a designated staging area when it 

8 is agreed that such movement or staging will facili9 tate civil emergency operations by the affected or 

10 participating jurisdictions; and 

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

12 for temporary suspension of any statutes or ordi13 nances that impeded the implementation of respon14 sibilities described in this section. 

15 ‘‘(b) REQUEST ASSISTANCE.—The authorized rep16 resentative of a participating jurisdiction may request as17 sistance of another participating jurisdiction by contacting 

18 the authorized representative of that jurisdiction. These 

19 provisions only apply to requests for assistance made by 

20 and to authorized representatives. Requests may be verbal 

21 or in writing. If verbal, the request must be confirmed in 

22 writing within 15 days of the verbal request. Requests 

23 must provide the following information: 

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

25 function for which assistance is needed and of the 
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1 mission or missions, including but not limited to fire 

2 services, emergency medical, transportation, commu3 nications, public works and engineering, building in4 spection, planning and information assistance, mass 

5 care, resource support, health and medical services, 

6 and search and rescue. 

7 ‘‘(2) The amount and type of personnel, equip8 ment, materials, and supplies needed and a reason9 able estimate of the length of time they will be need10 ed. 

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

12 the assisting participating jurisdictions’s response 

13 and a point of contact at the location. 

14 ‘‘(c) CONSULTATION AMONG PARTICIPATING JURIS15 DICTION OFFICIALS.—There shall be periodic consultation 

16 among the authorized representatives who have assigned 

17 emergency management responsibilities. 

18 ‘‘ARTICLE IV—LIMITATION

19 ‘‘It is recognized that any participating jurisdiction 

20 that agrees to render mutual aid or conduct exercises and 

21 training for mutual aid will respond as soon as possible. 

22 It is also recognized that the participating jurisdiction ren23 dering aid may withhold or recall resources to provide rea24 sonable protection for itself, at its discretion. To the ex25 tent authorized by law, each participating jurisdiction will 
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1 afford to the personnel of the emergency contingent of any 

2 other participating jurisdiction while operating within its 

3 jurisdiction limits under the terms and conditions of this 

4 agreement and under the operational control of an officer 

5 of the requesting participating jurisdiction the same treat6 ment as is afforded similar or like human resources of the 

7 participating jurisdiction in which they are performing 

8 emergency services. Staff comprising the emergency con9 tingent continue under the command and control of their 

10 regular leaders but the organizational units come under 

11 the operational control of the emergency services authori12 ties of the participating jurisdiction receiving assistance. 

13 These conditions may be activated, as needed, by the par14 ticipating jurisdiction that is to receive assistance or upon 

15 commencement of exercises or training for mutual aid and 

16 continue as long as the exercises or training for mutual 

17 aid are in progress, the emergency or disaster remains in 

18 effect or loaned resources remain in the receiving partici19 pating jurisdictions, whichever is longer. The receiving 

20 participating jurisdiction is responsible for informing the 

21 assisting participating jurisdiction when services will no 

22 longer be required. 

23 ‘‘ARTICLE V—LICENSES AND PERMITS

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

25 other permit issued by any participating jurisdiction evi-
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1 dencing the meeting of qualifications for professional, me2 chanical, or other skills, and when such assistance is re3 quested by the receiving participating jurisdiction, such 

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

5 the jurisdiction requesting assistance to render aid involv6 ing such skill to meet an emergency or disaster, subject 

7 to such limitations and conditions as the requesting juris8 diction prescribes by Executive order or otherwise. 

9 ‘‘ARTICLE VI—LIABILITY

10 ‘‘Any person or entity of a participating jurisdiction 

11 rendering aid in another jurisdiction pursuant to this com12 pact is considered an agent of the requesting jurisdiction 

13 for tort liability and immunity purposes. Any person or 

14 entity rendering aid in another jurisdiction pursuant to 

15 this compact is not liable on account of any act or omis16 sion in good faith on the part of such forces while so en17 gaged or on account of the maintenance or use of any 

18 equipment or supplies in connection therewith. Good faith 

19 in this article does not include willful misconduct, gross 

20 negligence, or recklessness. 

21 ‘‘ARTICLE VII—SUPPLEMENTARY AGREEMENTS

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

23 of the compact for mutual aid among 2 or more partici24 pating jurisdictions may differ from that among the par25 ticipating jurisdictions that are party to this compact, this 
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1 compact contains elements of a broad base common to all 

2 participating jurisdictions, and nothing in this compact 

3 precludes any participating jurisdiction from entering into 

4 supplementary agreements with another jurisdiction or af5 fects any other agreements already in force among partici6 pating jurisdictions. 

7 ‘‘Supplementary agreements may include, but are not 

8 limited to, provisions for evacuation and reception of in9 jured and other persons and the exchange of medical, fire, 

10 public utility, reconnaissance, welfare, transportation and 

11 communications personnel, equipment, and supplies. 

12 ‘‘ARTICLE VIII—WORKERS’ COMPENSATION AND DEATH

13 BENEFITS

14 ‘‘Each participating jurisdiction shall provide, in ac15 cordance with its own laws, for the payment of workers’ 

16 compensation and death benefits to injured members of 

17 the emergency contingent of that participating jurisdiction 

18 and to representatives of deceased members of those forces 

19 if the members sustain injuries or are killed while ren20 dering aid pursuant to this compact, in the same manner 

21 and on the same terms as if the injury or death were sus22 tained within their own jurisdiction. 

23 ‘‘ARTICLE IX—REIMBURSEMENT

24 ‘‘Any participating jurisdiction rendering aid in an25 other jurisdiction pursuant to this compact shall, if re-
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1 quested, be reimbursed by the participating jurisdiction 

2 receiving such aid for any loss or damage to, or expense 

3 incurred in, the operation of any equipment and the provi4 sion of any service in answering a request for aid and for 

5 the costs incurred in connection with those requests. An 

6 aiding participating jurisdiction may assume in whole or 

7 in part any such loss, damage, expense, or other cost or 

8 may loan such equipment or donate such services to the 

9 receiving participating jurisdiction without charge or cost. 

10 Any 2 or more participating jurisdictions may enter into 

11 supplementary agreements establishing a different alloca12 tion of costs among those jurisdictions. Expenses under 

13 article VIII are not reimbursable under this section. 

14 ‘‘ARTICLE X—IMPLEMENTATION

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

16 adoption by any 1 State and 1 province, and is effective 

17 as to any other jurisdiction upon its execution or adoption 

18 thereby: subject to approval or authorization by the 

19 United States Congress, if required, and subject to enact20 ment of provincial or State legislation that may be re21 quired for the effectiveness of the Memorandum of Under22 standing. 

23 ‘‘(b) Additional jurisdictions may participate in this 

24 compact upon execution or adoption thereof. 
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1 ‘‘(c) Any participating jurisdiction may withdraw 

2 from this compact, but the withdrawal does not take effect 

3 until 30 days after the governor or premier of the with4 drawing jurisdiction has given notice in writing of such 

5 withdrawal to the governors or premiers of all other par6 ticipating jurisdictions. The action does not relieve the 

7 withdrawing jurisdiction from obligations assumed under 

8 this compact prior to the effective date of withdrawal. 

9 ‘‘(d) Duly authenticated copies of this compact in the 

10 French and English languages and of such supplementary 

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

12 their approval, be deposited with each of the participating 

13 jurisdictions. 

14 ‘‘ARTICLE XI—SEVERABILITY

15 ‘‘This compact is construed to effectuate the purposes 

16 stated in Article I. If any provision of this compact is de17 clared unconstitutional or the applicability of the compact 

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

19 of the remainder of this compact and the applicability of 

20 the compact to other persons and circumstances are not 

21 affected. 

22 ‘‘ARTICLE XII—CONSISTENCY OF LANGUAGE

23 ‘‘The validity of the arrangements and agreements 

24 consented to in this compact shall not be affected by any 
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1 insubstantial difference in form or language as may be 

2 adopted by the various states and provinces.’’. 

3 SEC. 2. INCONSISTENCY OF LANGUAGE. 

4 The validity of the arrangements consented to by this 

5 Act shall not be affected by any insubstantial difference 

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

7 provinces. 

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

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

10 expressly reserved. 

Passed the Senate September 13, 2012. 

Attest: 

Secretary. 

112TH CONGRESS 

2D SESSION S. J. RES. 44 

JOINT RESOLUTION 

Granting the consent of Congress to the State and 

Memorandum of Understanding. Province Emergency Management Assistance