[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 166 Received in Senate (RDS)]







104th CONGRESS
  2d Session
H. J. RES. 166


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 1996

                                Received

_______________________________________________________________________

                            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.

            Passed the House of Representatives July 29, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.