[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 44 Reported in Senate (RS)]

                                                       Calendar No. 494
112th CONGRESS
  2d Session
S. J. RES. 44

 Granting the consent of Congress to the State and Province Emergency 
           Management Assistance Memorandum of Understanding.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2012

   Mr. Kohl (for himself, Mr. Hoeven, and Mr. Pryor) introduced the 
 following joint resolution; which was read twice and referred to the 
                       Committee on the Judiciary

                             August 2, 2012

                Reported by Mr. Leahy, without amendment

_______________________________________________________________________

                            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.

                  ``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. 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 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 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 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.

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

    The right to alter, amend, or repeal this Act is hereby expressly 
reserved.




                                                       Calendar No. 494

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.

_______________________________________________________________________

                             August 2, 2012

                       Reported without amendment