[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 166 Enrolled Bill (ENR)]

        H.J. Res.166

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six


                            Joint Resolution


 
Granting the consent of Congress to the Mutual Aid Agreement between the 
     city of Bristol, Virginia, and the city of Bristol, Tennessee.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. CONGRESSIONAL CONSENT.

    The Congress consents to the Mutual Aid Agreement entered into 
between the city of Bristol, Virginia, and the city of Bristol, 
Tennessee. The agreement reads as follows:
    ``THIS MUTUAL AID AGREEMENT, made and entered into by and between 
the CITY OF BRISTOL VIRGINIA, a municipality incorporated under the 
laws of the Commonwealth of Virginia (hereinafter `Bristol Virginia'); 
and the CITY OF BRISTOL TENNESSEE, a municipality incorporated under 
the laws of the State of Tennessee (hereinafter `Bristol Tennessee').

                             ``WITNESSETH:

    ``WHEREAS, Section 15.1-131 of the Code of Virginia and Sections 6-
54-307 and 12-9-101 et seq. of the Tennessee Code Annotated authorize 
Bristol Virginia and Bristol Tennessee to enter into an agreement 
providing for mutual law enforcement assistance;
    ``WHEREAS, the two cities desire to avail themselves of the 
authority conferred by these respective laws;
    ``WHEREAS, it is the intention of the two cities to enter into 
mutual assistance commitments with a pre-determined plan by which each 
city might render aid to the other in case of need, or in case of an 
emergency which demands law enforcement services to a degree beyond the 
existing capabilities of either city; and,
    ``WHEREAS, it is in the public interest of each city to enter into 
an agreement for mutual assistance in law enforcement to assure 
adequate protection for each city.
    ``NOW, THEREFORE, for and in consideration of the mutual promises 
and the benefits to be derived therefrom, the City of Bristol Virginia 
and the City of Bristol Tennessee agree as follows:
        ``1. Each city will respond to calls for law enforcement 
    assistance by the other city only upon request for such assistance 
    made by the senior law enforcement officer on duty for the 
    requesting city, or his designee, in accordance with the terms of 
    this Agreement. All requests for law enforcement assistance shall 
    be directed to the senior law enforcement officer on duty for the 
    city from which aid is requested.
        ``2. Upon request for law enforcement assistance as provided in 
    Paragraph 1, the senior law enforcement officer on duty in the 
    responding city will authorize a response as follows:
            ``a. The responding city will attempt to provide at least 
        the following personnel and equipment in response to the 
        request:
                ``(1) A minimum response of one vehicle and one person.
                ``(2) A maximum response of fifty percent (50%) of 
            available personnel and resources.
            ``b. The response will be determined by the severity of the 
        circumstances in the requesting city which prompted such 
        request as determined by the senior law enforcement officer on 
        duty in the responding city after discussion with the senior 
        law enforcement officer on duty in the requesting city. Any 
        decision reached by such senior officer of the responding city 
        as to such response shall be final.
            ``c. If an emergency exists in the responding city at the 
        time the request is made, or if such an emergency occurs during 
        the course of responding to a request under this Agreement, and 
        if the senior law enforcement officer on duty in the responding 
        city reasonably determines, after a consideration of the 
        severity of the emergency in his jurisdiction, that the 
        responding city cannot comply with the minimal requirements 
        under this Agreement without endangering life or incurring 
        significant property damage in his city, or both, he may choose 
        to use all equipment and personnel in his own jurisdiction. In 
        such event, such officer of the responding city shall 
        immediately attempt to inform the senior law enforcement 
        officer on duty in the requesting city of his decision.
        ``3. The city which requests mutual aid under this Agreement 
    shall not be deemed liable or responsible for the equipment and 
    other personal property of personnel of the responding city which 
    might be lost, stolen or damaged during the course of responding 
    under the terms of this Agreement.
        ``4. The city responding to a request for mutual aid under this 
    Agreement assumes all liabilities and responsibility as between the 
    two cities for damage to its own equipment and other personal 
    property. The responding city also assumes all liability and 
    responsibility, as between the two cities, for any damage caused by 
    its own equipment and/or the negligence of its personnel occurring 
    outside the jurisdiction of the requesting city while en route 
    thereto pursuant to a request for assistance under this Agreement, 
    or while returning therefrom.
        ``5. The city responding under this Agreement assumes no 
    responsibility or liability for damage to property or injury to any 
    person that may occur due to actions taken in responding under this 
    Agreement; all such liability and responsibility shall rest solely 
    with the city requesting such aid and within which boundaries the 
    property exists or the incident occurs, and the requesting party 
    hereby assumes all of such liability and responsibility.
        ``6. Each city hereby waives any and all claims against the 
    other city which may arise out of their activities in the other 
    city's jurisdiction under this Agreement. To the extent permitted 
    by law, the city requesting assistance under this Agreement shall 
    indemnify and hold harmless the responding city (and its officers, 
    agents and employees) from any and all claims by third parties for 
    property damage or personal injury which may arise out of the 
    activities of the responding city within the jurisdiction of the 
    requesting city under this Agreement.
        ``7. The city responding to a request for assistance under this 
    Agreement assumes no responsibility or liability for damage to 
    property or injury to any person that may occur within the 
    jurisdiction of the requesting city due to actions taken in 
    responding under this Agreement. In accordance with Section 15.1-
    131 of the Code of Virginia and Section 29-20-107(f) of the 
    Tennessee Code Annotated, all personnel of the responding city 
    shall, during such time as they providing assistance in the 
    requesting city under this Agreement, be deemed to be employees of 
    the requesting city for tort liability purposes.
        ``8. No compensation will be due or paid by either city for 
    mutual aid law enforcement assistance rendered under this 
    Agreement.
        ``9. Except as provided in Paragraph 7 of this Agreement, 
    neither city will make any claim for compensation against the other 
    city for any loss, damage or personal injury which may occur as a 
    result of law enforcement assistance rendered under this Agreement, 
    and all such rights or claims are hereby expressly waived.
        ``10. When law enforcement assistance is rendered under this 
    Agreement, the senior law enforcement officer on duty in the 
    requesting city shall in all instances be in command as to 
    strategy, tactics and overall direction of the operations. All 
    orders or directions regarding the operations of the responding 
    party shall be relayed to the senior law enforcement officer in 
    command of the responding city.
        ``11. Either city may terminate this Agreement upon sixty (60) 
    days' written notice to the other city.
        ``12. This Agreement shall take effect upon its execution by 
    the Mayor and Chief of Police for each city after approval of the 
    City Council of each city, and upon its approval by the Congress of 
    the United States as provided in Section 15.1-131 of the Code of 
    Virginia. Each city will promptly submit this Agreement to its 
    respective Congressman and Senators for submission to the 
    Congress.''.

SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL.

    The right to alter, amend, or repeal this joint resolution is 
hereby expressly reserved by the Congress. The consent granted by this 
joint resolution shall not be construed as impairing or in any manner 
affecting any right or jurisdiction of the United States in and over 
the region which forms the subject of the agreement.

SEC. 3. CONSTRUCTION AND SEVERABILITY.

    It is intended that the provisions of this agreement shall be 
reasonably and liberally construed to effectuate the purposes thereof. 
If any part or application of this agreement, or legislation enabling 
the agreement, is held invalid, the remainder of the agreement or its 
application to other situations or persons shall not be affected.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.