[104th Congress Public Law 181]
[From the U.S. Government Printing Office]
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[DOCID: f:publ181.104]
[[Page 110 STAT. 1609]]
Public Law 104-181
104th Congress
Joint Resolution
Granting the consent of Congress to the Mutual Aid Agreement between the
city of Bristol, Virginia, and the city of Bristol,
Tennessee. <<NOTE: Aug. 6, 1996 - [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.
[[Page 110 STAT. 1610]]
``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
[[Page 110 STAT. 1611]]
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. <<NOTE: Effective date.>> 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.
[[Page 110 STAT. 1612]]
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.
Approved August 6, 1996.
LEGISLATIVE HISTORY--H.J. Res. 166:
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HOUSE REPORTS: No. 104-705 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 142 (1996):
July 29, considered and passed House.
July 31, considered and passed Senate.
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