[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5017 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5017

To amend the Temporary Emergency Wildfire Suppression Act to facilitate 
   the ability of the Secretary of the Interior and the Secretary of 
Agriculture to enter into reciprocal agreements with foreign countries 
            for the sharing of personnel to fight wildfires.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2002

  Mr. McInnis (for himself and Mr. Hayworth) introduced the following 
   bill; which was referred to the Committee on Agriculture, and in 
 addition to the Committees on Resources, International Relations, and 
   the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Temporary Emergency Wildfire Suppression Act to facilitate 
   the ability of the Secretary of the Interior and the Secretary of 
Agriculture to enter into reciprocal agreements with foreign countries 
            for the sharing of personnel to fight wildfires.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RECIPROCAL AGREEMENTS FOR SHARING PERSONNEL TO FIGHT 
              WILDFIRES.

    The Temporary Emergency Wildfire Suppression Act (42 U.S.C. 1856m 
et seq.), as amended by the Wildfire Suppression Assistance Act, is 
amended by adding at the end the following new section:

``SEC. 5. SPECIAL TERMS FOR RECIPROCAL AGREEMENTS FOR SHARING PERSONNEL 
              TO FIGHT WILDFIRES.

    ``(a) Tort Liability.--In entering into a reciprocal agreement with 
a foreign country under section 3, the Secretary of Agriculture and the 
Secretary of the Interior may include as part of the agreement a 
provision that personnel furnished under the agreement to provide 
wildfire presuppression or suppression services will be considered, for 
purposes of tort liability, employees of the country receiving such 
services when the personnel provide services under the agreement.
    ``(b) Assumption of Liability; Remedies.--The Secretary of 
Agriculture or the Secretary of the Interior shall not enter into any 
agreement under section 3 containing the provision described in 
subsection (a) unless the foreign country (either directly or through 
the fire organization that is a party to the agreement) agrees to 
assume any and all liability for the acts or omissions of American 
firefighters engaged in providing wildfire presuppression or 
suppression services under the agreement in the foreign country. The 
only remedies for acts or omissions committed while providing services 
under the agreement shall be those provided under the laws of the host 
country, and those remedies shall be the exclusive remedies for any 
claim arising out of providing such services in a foreign country.
    ``(c) Protections.--Neither the firefighter, the sending country, 
nor any organization associated with the firefighter shall be subject 
to any action whatsoever pertaining to or arising out of providing 
wildfire presuppression or suppression services under a reciprocal 
agreement under section 3.''.
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