[Congressional Record Volume 142, Number 113 (Monday, July 29, 1996)]
[House]
[Pages H8618-H8619]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GRANTING CONSENT OF CONGRESS TO MUTUAL AID AGREEMENT BETWEEN BRISTOL,
VA, AND BRISTOL, TN
Mr. GEKAS. Mr. Speaker, I move to suspend the rules and pass the
joint resolution (H.J. Res. 166) granting the consent of Congress to
the mutual aid agreement between the city of Bristol, VA, and the city
of Bristol, TN.
The Clerk read as follows:
H.J. Res. 166
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 commend 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
[[Page H8619]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania [Mr. Gekas] and the gentleman from Virginia [Mr. Scott]
each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania [Mr. Gekas].
general leave
Mr. GEKAS. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks on the joint
resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. GEKAS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, of course I rise in support of House Joint Resolution
166 and urge its adoption by the House. Just as the previous
resolution, the Committee on the Judiciary has reported the bill to the
House by a unanimous verdict of 25 to nothing. This one has to do with
the contract between the cities of Bristol, VA, and Bristol, TN. As my
colleagues can imagine, they abut, and the only thing that stands
between them is the borderline.
When Tennessee and Virginia saw the need to enter into agreements to
provide for mutual law enforcement assistance, they turned to their own
bodies, their own legislative bodies, to approve this joint venture,
and they did so, and so it comes to us now, as the Constitution, as I
have said previously, demands, that the Congress approve the contract
and compact between these two States.
The Bristols sit astride the Tennessee-Virginia border, with a total
population of approximately 43,000. This mutual aid agreement is one
that you might expect would be of considerable benefit for a community
in which a State boundary runs along its main street.
The subcommittee was pleased to receive testimony and support of this
legislation from our colleagues, the gentleman from Virginia [Mr.
Boucher], sponsor of the resolution, and the gentleman from Tennessee
[Mr. Quillen], each of whom presented a portion of the greater Bristol
community agreement and who represent their respective portions of
Bristol, on both sides of the border.
Mr. Speaker, I urge adoption of this resolution.
Mr. Speaker, I reserve the balance of my time.
Mr. SCOTT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of House Joint Resolution 166.
Mr. Speaker, House Joint Resolution 166 was introduced by the
gentleman from Virginia [Mr. Boucher] and the gentleman from Tennessee
[Mr. Quillen]. It would grant the consent of Congress to a mutual aid
agreement between the cities of Bristol, VA, and Bristol, TN, to allow
law enforcement officers to respond to calls made by the other city.
The State line cuts across Bristol's main thoroughfare, but police
officers from Bristol, VA, do not have the legal authority to make
arrests or perform other law enforcement activities on the other side
of the street in Bristol, TN, and vice versa. This bill allows the
cites to remedy that situation, and I commend Mr. Boucher and Mr.
Quillen for their fine work on behalf of their constituents.
The bill was reported, as the gentleman from Pennsylvania [Mr. Gekas]
has indicated, from the Committee on the Joint without opposition, and
I urge the support of the bill at this time.
Mr. QUILLEN. Mr. Speaker, I want to commend the Judiciary Committee
for expeditiously moving this bill through the legislative process and
bringing it to the floor today. I'd also like to thank my good friend
from Virginia, [Mr. Boucher] for his leadership and hard work on this
bill, and I'm proud to be an original cosponsor of the resolution.
Because our districts border each other, we frequently work together
on matters that affect our border cities and constituents. House Joint
Resolution 166 grants congressional approval to the mutual aid
agreement between the city of Bristol, VA and the city of Bristol, TN.
The Virginia/Tennessee State line cuts right across State Street in
Bristol, which is the city's main thoroughfare. Needless to say,
there's a great deal of activity along this street, and unfortunately,
some of it is criminal activity. There is often jurisdictional
confusion and restrictions on law enforcement personnel caused by the
location of the State line.
This legislation will allow each city to respond to requests for law
enforcement assistance made by the other city. The citizens of Bristol
deserve the best police protection available, and this mutual aid
agreement will accomplish that goal.
Mr. Speaker, this agreement is authorized under Tennessee and
Virginia law, and I hope we can get this resolution approved by both
Houses without delay.
Mr. SCOTT. Mr. Speaker, I yield back the balance of my time.
Mr. GEKAS. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania [Mr. Gekas] that the House suspend the
rules and pass the joint resolution, House Joint Resolution 166.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the joint resolution was passed.
A motion to reconsider was laid on the table.
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