Pub.L. 104-182 To reauthorize and amend title XIV of the Public Health Service Act (commonly known as the ``Safe Drinking Water Act''), and for other purposes. <> ...

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[[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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