[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5017 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 495
107th CONGRESS
  2d Session
                                H. R. 5017


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 11 (legislative day, July 10), 2002

                    Received and read the first time

                             July 15, 2002

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
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.''.

            Passed the House of Representatives July 9, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

                            By Martha C. Morrison,

                                                          Deputy Clerk.
                                                       Calendar No. 495

107th CONGRESS

  2d Session

                               H. R. 5017

_______________________________________________________________________

                                 AN ACT

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.

_______________________________________________________________________

                             July 15, 2002

            Read the second time and placed on the calendar