[112th Congress Public Law 282]
[From the U.S. Government Printing Office]
[[Page 2485]]
STATE AND PROVINCE EMERGENCY MANAGEMENT ASSISTANCE MEMORANDUM
[[Page 126 STAT. 2486]]
Public Law 112-282
112th Congress
Joint Resolution
Granting the consent of Congress to the State and Province Emergency
Management Assistance Memorandum of Understanding. <<NOTE: Jan. 14,
2013 - [S.J. Res. 44]>>
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, <<NOTE: State
listing. Canada. Disaster assistance.>>
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. <<NOTE: Definition.>> 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.
[[Page 126 STAT. 2487]]
``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. <<NOTE: Applicability.>> These provisions only
apply to requests for assistance made by and to authorized
representatives. Requests may be verbal or in
writing. <<NOTE: Deadline.>> If verbal, the request must be confirmed
[[Page 126 STAT. 2488]]
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
[[Page 126 STAT. 2489]]
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
[[Page 126 STAT. 2490]]
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) <<NOTE: Effective date. Notification.>> 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.
[[Page 126 STAT. 2491]]
SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL.
The right to alter, amend, or repeal this Act is hereby expressly
reserved.
Approved January 14, 2013.
LEGISLATIVE HISTORY--S.J. Res. 44:
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CONGRESSIONAL RECORD:
Vol. 158 (2012):
Sept. 13, considered and passed
Senate.
Dec. 30, considered in House.
Vol. 158 (2013):
Jan. 1, considered and passed House.
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