H. J. Res. 166
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
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 TEN-
NESSEE, 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 assist-
ance 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.
H. J. Res. 166—2
‘‘2. Upon request for law enforcement assistance as pro-
vided 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 Agree-
ment shall not be deemed liable or responsible for the equip-
ment 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 request-
ing city while en route thereto pursuant to a request for assist-
ance 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
H. J. Res. 166—3
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 dam-
age 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 respond-
ing 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 respond-
ing 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 agree-
ment.
H. J. Res. 166—4
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 agree-
ment or its application to other situations or persons shall not
be affected.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.