STATE AND PROVINCE EMERGENCY MANAGEMENT

PUBLIC LAW 112–282—JAN. 14, 2013

STATE AND PROVINCE EMERGENCY

MANAGEMENT ASSISTANCE MEMORANDUM

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126 STAT. 2486 PUBLIC LAW 112–282—JAN. 14, 2013

Public Law 112–282

112th Congress

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 ‘com-

pact’, is made and entered into by and among such of the jurisdic-

tions 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 man-

aging 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 mecha-

nisms 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 jurisdic-

tions during emergencies, with such actions occurring outside emer-

gency periods.

Definition.

State listing.

Canada.

Disaster

assistance.

Jan. 14, 2013

[S.J. Res. 44]

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126 STAT. 2487 PUBLIC LAW 112–282—JAN. 14, 2013

‘‘

ARTICLE II

—

GENERAL IMPLEMENTATION

‘‘Each participating jurisdiction entering into this compact rec-

ognizes 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 appro-

priate inter-jurisdictional mutual aid plans and procedures nec-

essary to implement this compact, and for recommendations to

the participating jurisdiction concerned with respect to the amend-

ment of any statutes, regulations, or ordinances required for that

purpose.

‘‘

ARTICLE III

—

PARTICIPATING JURISDICTION RESPONSIBILITIES

‘‘(a) F

ORMULATE

LANS AND

ROGRAMS

.—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 jurisdic-

tions, to the extent practical, may—

‘‘(1) share and review individual jurisdiction hazards anal-

yses that are available and determine all those potential emer-

gencies 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 evac-

uees, 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 partici-

pating 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) R

EQUEST

SSISTANCE

.—The authorized representative of

a participating jurisdiction may request assistance of another

participating jurisdiction by contacting the authorized representa-

tive 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

Deadline.

Applicability.

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126 STAT. 2488 PUBLIC LAW 112–282—JAN. 14, 2013

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, mate-

rials, 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) C

ONSULTATION

MONG

ARTICIPATING

URISDICTION

FFI

CIALS

.—There shall be periodic consultation among the authorized

representatives who have assigned emergency management respon-

sibilities.

‘‘

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 jurisdic-

tion limits under the terms and conditions of this agreement and

under the operational control of an officer of the requesting partici-

pating 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 emer-

gency contingent continue under the command and control of their

regular leaders but the organizational units come under the oper-

ational control of the emergency services authorities of the partici-

pating 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 juris-

diction is responsible for informing the assisting participating juris-

diction 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

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126 STAT. 2489 PUBLIC LAW 112–282—JAN. 14, 2013

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 immu-

nity purposes. Any person or entity rendering aid in another juris-

diction 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 equip-

ment or supplies in connection therewith. Good faith in this article

does not include willful misconduct, gross negligence, or reckless-

ness.

‘‘

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, reconnais-

sance, 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 jurisdic-

tion 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 equip-

ment 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 partici-

pating jurisdiction without charge or cost. Any 2 or more partici-

pating jurisdictions may enter into supplementary agreements

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126 STAT. 2490 PUBLIC LAW 112–282—JAN. 14, 2013

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 com-

pact, 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 unconstitu-

tional or the applicability of the compact to any person or cir-

cumstances 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 dif-

ference 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.

Effective date.

Notification.

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126 STAT. 2491 PUBLIC LAW 112–282—JAN. 14, 2013

LEGISLATIVE HISTORY—S.J. Res. 44:

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.

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.

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