[House Report 104-705]
[From the U.S. Government Publishing Office]
104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-705
_______________________________________________________________________
GRANTING THE CONSENT OF CONGRESS TO THE MUTUAL AID AGREEMENT BETWEEN
THE CITIES OF BRISTOL, VIRGINIA, AND BRISTOL, TENNESSEE
_______
July 24, 1996.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______________________________________________________________________
Mr. Gekas, from the Committee on the Judiciary, submitted the following
R E P O R T
[To accompany H.J. Res. 166]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
joint resolution (H.J. Res. 166) granting the consent of
Congress to the Mutual Aid Agreement between the city of
Bristol, Virginia, and the city of Bristol, Tennessee, having
considered the same, report favorably thereon without amendment
and recommend that the joint resolution do pass.
summary and purpose
H.J. Res. 166 grants consent of the Congress to the Mutual
Aid Agreement between the cities of Bristol, Virginia and
Bristol, Tennessee providing that law enforcement officers in
these cities may cross state lines in the performance of their
duties and operate with full authorization in the adjoining
city when requested by that city.
background and need for the legislation
Article I, Section 10, Clause 3 of the United States
Constitution provides that: ``No State shall without the
Consent of Congress * * * enter into any Agreement or Compact
with another State, or with a foreign power. * * * ''
Congressional consent is required for such agreements and
compacts in order to determine whether they work to the
detriment of another state and to ensure that they do not
conflict with Federal law or Federal interests.
The cities of Bristol, Virginia and Bristol, Tennessee,
with a collective population of approximately 43,000, sit
astride the state border which runs along their main
thoroughfare. Virginia and Tennessee have provided by statute
that local entities in their respective States may enter into
mutual aid agreements for law enforcement assistance with
cross-border entities.\1\ The statutes provide that such
agreements will be considered interstate compacts subject to
approval by the Congress.
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\1\ Section 15.1-131 of the Code of Virginia and Sections 6-54 and
12-9-1 et seq. of the Tennessee Code Annotated.
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The two cities developed the mutual aid agreement as a
reasonable solution to potential problems created by the
existence of a state boundary at their center and in an effort
to facilitate cooperation. The city council of Bristol,
Tennessee approved the agreement on December 5, 1995, while
that of Bristol, Virginia approved it on December 12, 1995.
hearings
The Committee's Subcommittee on Commercial and
Administrative Law held a hearing on H.J. Res. 166 on June 27,
1996. Testimony was received from Congressmen Rick Boucher of
Virginia and James H. Quillen of Tennessee.
committee consideration
On June 27, 1996, the Subcommittee on Commercial and
Administrative Law met in open session and ordered reported
favorably the resolution H.J. Res. 166, without amendment by
voice vote, a quorum being present. On July 16, 1996, the
Committee met in open session and ordered reported favorably
the resolution H.J. Res. 166, without amendment by a recorded
vote of 25 yeas to 0 nays, a quorum being present.
vote of the committee
YEAS NAYS
Mr. Hyde
Mr. Moorhead
Mr. McCollum
Mr. Gekas
Mr. Coble
Mr. Smith
Mr. Schiff
Mr. Canady
Mr. Goodlatte
Mr. Buyer
Mr. Hoke
Mr. Bono
Mr. Heineman
Mr. Conyers
Mrs. Schroeder
Mr. Frank
Mr. Boucher
Mr. Reed
Mr. Nadler
Mr. Scott
Mr. Watt
Mr. Becerra
Ms. Lofgren
Ms. Jackson Lee
Ms. Waters
committee oversight findings
In compliance with clause 2(l)(3)(A) of rule XI of the
Rules of the House of Representatives, the Committee reports
that the findings and recommendations of the Committee, based
on oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
committee on government reform and oversight findings
No findings or recommendations of the Committee on
Government Reform and Oversight were received as referred to in
clause 2(l)(3)(D) of rule XI of the Rules of the House of
Representatives.
new budget authority and tax expenditures
Clause 2(l)(3)(B) of House rule XI is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
congressional budget office cost estimate
In compliance with clause 2(l)(C)(3) of rule XI of the
Rules of the House of Representatives, the Committee sets
forth, with respect to the resolution, H.J. Res. 166, the
following estimate and comparison prepared by the Director of
the Congressional Budget Office under section 403 of the
Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 18, 1996.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed H.J. Res. 166, as ordered reported by the House
Committee on the Judiciary on July 16, 1996. CBO estimates that
enacting this legislation would result in no cost to the
Federal Government. Enacting H.J. Res. 166 would not affect
direct spending or receipts. Therefore, pay-as-you-go
procedures would not apply to this legislation.
H.J. Res. 166 would give Congressional consent to the
Mutual Aid Agreement between the city of Bristol, Virginia, and
the city of Bristol, Tennessee. This agreement would provide
for joint law enforcement efforts between the two cities.
The resolution contains no private-sector or
intergovernmental mandates as defined in Public Law 104-4 and
would have no significant impact on the budget of state, local,
or tribal governments.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
James L. Blum
(For June E. O'Neill, Director).
INFLATIONARY IMPACT STATEMENT
Pursuant to clause 2(l)(4) of rule XI of the Rules of the
House of Representatives, the Committee estimates that H.J.
Res. 166 will have no significant inflationary impact on prices
and costs in the national economy.
SECTION-BY-SECTION ANALYSIS
Section 1. Congressional consent
Sec. 1. This section gives the consent of Congress to the
Mutual Aid Agreement between the cities of Bristol, Virginia
and Bristol, Tennessee. The text of the agreement is set out in
enumerated paragraphs in the section. The agreement notes at
the outset the state statutory authority under which it was
entered into and recites the desire for cooperation and
assistance that motivated it.
Paragraph 1 provides that each city will respond to
requests of law enforcement assistance only if such requests
are made by the senior law enforcement officer on duty for the
requesting city, or his or her designee, pursuant to the terms
of the agreement, to the senior law enforcement officer of the
city from which assistance is requested.
Paragraph 2 provides that upon receiving a request for
assistance the senior law enforcement officer in the responding
city will authorize a response consisting of a minimum of one
vehicle and one person to a maximum of 50 percent of its
available personnel and resources. The response is to be
determined by the circumstances prompting the request and,
although there can be discussion between the senior law
enforcement officers in the requesting and responding cities,
the decision of the latter shall be final. If an emergency
exists in the responding city at the time of a request for law
enforcement assistance, the senior law enforcement official in
the responding city may chose to use all equipment and
personnel in his own city. The agreement provides that that
official should inform the senior law enforcement official in
the requesting city of his or her decision.
Paragraph 3 provides that the requesting city shall not be
liable or responsible for the equipment or other personal
property of the personnel of the responding city which is lost,
stolen or damaged during a response.
Paragraph 4 provides that the responding city assumes all
liabilities and responsibility as between it and the requesting
city for damage to its own equipment and personal property. The
responding city assumes liability and responsibility as between
the cities for damage caused by its own equipment and/or the
negligence of its personnel occurring outside the jurisdiction
of the requesting city while en route to or from the latter.
Paragraph 5 provides that the responding city assumes no
responsibility or liability for damage or injury occurring due
to actions taken in responding to a request under the
agreement. Such liability and responsibility rests solely with
the requesting city and within which boundaries the property
exists or the incident occurs.
Paragraph 6 provides that each city waves all claims
against the other city arising out of activities in the other's
jurisdiction under the agreement. To the extent permitted by
law, the requesting city shall indemnify and hold harmless the
responding city (including its officers, agents and employees)
from all third party claims by third parties for property
damage or personal injury arising out of activities of the
responding city within the jurisdiction of the requesting city.
Paragraph 7 provides that the responding city assumes no
responsibility or liability for damage or injury occurring
within the jurisdiction of the requesting city due to actions
taken in responding under the agreement. It provides that, in
accordance with Virginia and Tennessee law, personnel of the
responding city shall, while they are providing assistance in
the requesting city under the agreement, be deemed employees of
the requesting city for purposes of tort liability.
Paragraph 8 provides that no compensation will be due or
paid by either city for mutual aid law enforcement assistance
rendered under the agreement.
Paragraph 9 provides that, except as provided under
Paragraph 7, neither city will make a claim for compensation
against the other for any loss, damage or personal injury
occurring as a result of law enforcement assistance rendered
under the agreement. Rights or claims to such are expressly
waived.
Paragraph 10 provides that when law enforcement assistance
is rendered under the agreement, the senior law enforcement
officer on duty in the requesting city shall be in command as
to strategy, tactics and overall direction of operations.
Orders or directions regarding the operations of the responding
party shall be relayed to the senior law enforcement officer of
the responding city.
Paragraph 11 provides that either city may terminate the
agreement upon 60 days written notice to the other city.
Paragraph 12 provides that the agreement takes effect upon
its execution by the cities' respective mayors and chiefs of
police, approval by the city councils and by the Congress.
Section 2. Right to alter, amend, or repeal
Section 2 reserves to the Congress the right to alter,
amend or repeal the joint resolution and provides that it shall
not be construed as impairing or affecting any right or
jurisdiction of the United States in and over the region
forming the subject of the agreement.
Section 3. Construction and severability
Section 3 provides that the terms of the agreement shall be
reasonably and liberally construed to effectuate its purposes.
If any part of the agreement, or the legislation enabling it,
is held invalid, the remainder of the agreement or its
application to other situations shall not be affected.