[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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