[Congressional Record Volume 148, Number 91 (Tuesday, July 9, 2002)]
[House]
[Pages H4375-H4378]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     RECIPROCAL AGREEMENTS FOR SHARING PERSONNEL TO FIGHT WILDFIRES

  Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the 
bill (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.
  The Clerk read as follows:

                               H.R. 5017

       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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from

[[Page H4376]]

Virginia (Mr. Goodlatte) and the gentleman from Texas (Mr. Stenholm) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Virginia (Mr. Goodlatte).
  Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of H.R. 5017, introduced by my 
good friend and colleague from Colorado (Mr. McInnis) 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.
  Today, as we debate this issue, large wildfires are burning across 
the country. Over 3.1 million acres have already been consumed and the 
worst may be yet to come. This bill provides a safety net for ongoing 
fire-fighting efforts. During these high levels of fire activity, the 
wildfire agencies often run out of trained and qualified personnel 
available to fight these horrific blazes. This legislation would allow 
the U.S. to bring in skilled firefighters from around the world to aid 
in the suppression of these overwhelming wildfires.
  It is important to point out that foreign nationals can only be used 
when all domestic sources are fully utilized. As I speak, there are 
over 12,000 personnel committed to fire-fighting duties. Depending on 
the number and nature of the fires, that number may reach 20,000 
personnel in the next couple of weeks. If this occurs, we will most 
likely deplete our domestic fire-fighting sources. The next step would 
be to inquire for help from our international neighbors in battling the 
wildfires or risk losing more property and life.

                              {time}  1345

  Unfortunately, current law exposes foreign fire agencies to 
unreasonable liability when responding to requests by the U.S. 
Government during a national emergency. Consequently, exchanges or 
requests for assistance during the critical part of fire season will 
not be honored by foreign firefighters. This bill provides foreign 
agencies and their firefighters coverage from liability during 
performance of official duties and will not expose the U.S. Government 
to liability or death or disability for foreign nationals that are 
covered under the foreign agencies' normal insurance policies.
  This bill supplies the protection needed in order for foreign fire 
management agencies to provide firefighters to the United States. It 
does not grant special protection to foreign firefighters. It simply 
provides the same level of protection that we give our own firefighters 
and the firefighters we use from State, county, volunteer and municipal 
fire agencies for Federal firefighting efforts.
  This legislation strives to ensure that we will have the ability to 
commit more personnel as fire situations escalate. It ensures our 
Nation's commitment to combating wildfires and provides assistance and 
relief to our domestic firefighters.
  I urge the Members of this body to join me in taking this important 
step today. By passing H.R. 5017, we can renew our efforts for wildfire 
suppression and build strong working relationships with our foreign 
counterparts. Join me in declaring a strong commitment to firefighting.
  I congratulate my colleague from Colorado for this fine legislation 
and urge my colleagues to support H.R. 5017.
  Mr. Speaker, I reserve the balance of my time.
  Mr. STENHOLM. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 5017, legislation to amend the 
Temporary Emergency Wildfire Suppression Act. As we have heard, this 
legislation is designed to promote and facilitate the implementation of 
reciprocal firefighting agreements with foreign countries for the 
purpose of sharing personnel to fight wildfires.
  Specifically, H.R. 5017 will require that personnel furnished under 
reciprocal firefighting agreements be considered employees of the 
country receiving the assistance for purposes of tort liability. Mr. 
Speaker, these agreements with foreign fire organizations are essential 
to suppress wildfire activities within our national forest system.
  At the height of the forest fire season in the United States, we may 
have up to 12,200 firefighting personnel on the ground executing 
various fire suppression duties. The conditions that these men and 
women face often demand speedy alterations to existing firefighting 
plans if the forest fire takes an unexpected path. In order to minimize 
the risk of loss of life and property, our firefighting crews need 
experienced supervision and guidance at all times.
  Unfortunately, with 244 significant forest fires burning 
simultaneously, the supervisory capacity of the U.S. Forest Service and 
the U.S. Department of the Interior are stretched to the limits. As a 
remedy to this problem, the United States has sought the assistance of 
mid-level managers from Australia and New Zealand by entering into 
reciprocal firefighting agreements.
  H.R. 5017 would eliminate the risk of tort liability to foreign 
firefighters and their governments while foreign personnel are 
providing assistance to the United States. The foreign firefighters 
would be considered to be Federal employees for the limited purpose of 
securing them coverage under the Federal Tort Claims Act.
  This legislation would also require that foreign countries or States 
extend a reciprocal benefit to United States firefighters in the event 
the United States provides personnel to them, and it would make the 
laws of the host country the only source of remedies available for acts 
and omissions in firefighting activities in the host country. Under 
this legislation, foreign firefighters can readily assist us without 
the fear of being subjected to lawsuits.
  This legislation further provides that the tort liability protection 
would extend to not only the firefighter but also the individual's home 
country and any organization associated with the firefighter.
  Mr. Speaker, this legislation removes barriers to the effective 
implementation of reciprocal firefighting agreements with foreign fire 
organizations. It will increase the effectiveness of our forest fire 
suppression activities. I urge my colleagues to support this 
legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may 
consume.
  My district in the State of Virginia has been struck by many severe 
forest fires this season, but thankfully nothing like what has been 
experienced in the State of Colorado, and I am sure that that accounts 
for the leadership that the gentleman from Colorado (Mr. McInnis) has 
shown in introducing this legislation. He also serves as chairman of 
the Subcommittee on Forests and Forest Health of the Committee on 
Resources.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Colorado (Mr. McInnis).
  (Mr. McINNIS asked and was given permission to revise and extend his 
remarks.)
  Mr. McINNIS. Mr. Speaker, I thank the gentleman for yielding me the 
time, and I would like to first of all begin my remarks by saying that 
I appreciate the gentleman from Virginia's time, his subcommittee, and 
obviously his attention to this matter and the urgency of getting this 
bill passed. It is a critical bill.
  I appreciate the comments the gentleman from Texas (Mr. Stenholm) 
made. They were all exactly on point. I think he has explained very 
well the crisis we face.
  My district is the Third District of the State of Colorado. That 
district geographically is larger than the State of Florida. It is 
unique in that it is the highest place on the continent, and we do not 
usually see the kind of fires because of the elevations that we are at 
in that district, we do not usually see the intensity of the fire that 
we are seeing this year.
  That intensity, of course, has been brought on through a couple of 
different factors. One, we are experiencing the worst drought we have 
seen probably in 100 years in Colorado, and two, unfortunately, we have 
had a number of national environmental organizations who have, in my 
opinion, prevented us from thinning the forest in such a way that we 
can properly manage these forests, but those are issues for another 
day.

[[Page H4377]]

  The issue before us here today, as explained by the gentleman from 
Texas (Mr. Stenholm) and as explained by the gentleman from Virginia 
(Mr. Goodlatte), is the fact that emergency personnel, our 
firefighters, this is a very difficult task to undertake.
  Last year, as my colleagues will recall, we appropriated a dramatic 
increase in the firefighting budgets back here. We authorized a hiring 
of thousands of new firefighters. We have actually purchased 10,000 new 
pieces of fire equipment which range in everything from tankers to 
bulldozers and so on, but this year, even that is not enough, and we 
need some assistance.
  There is no effort whatsoever nor any actual occurrence of any 
displacement of any American worker by using foreign assistance. In 
fact, for many years we have used this foreign assistance primarily 
with Australia and New Zealand, and that is pretty self-explanatory in 
that Australia and New Zealand have opposite seasons of the United 
States. So while we are in our summer, right now they are in their 
winter, and we actually have an exchange program that is in place.
  Unfortunately, the Australians became very concerned, and I think 
legitimately concerned, about the fact of their firefighters being in 
the United States, with the kind of litigious society that we have. We 
have lots of lawsuits filed in this country, many, many, many, many 
times more than any other country in the world, and Australia and New 
Zealand are reluctant to send their firefighters up here, then to see 
their firefighters trying to help our country fight our fires ending up 
being named in litigation.
  So this bill is very, very important for us to pass on an immediate 
basis. This bill was introduced by me about a week ago. It is very 
uncommon in the House of Representatives for a bill to go through the 
House this quickly. The only way we were able to do that, frankly, is 
through the assistance of not only the chairman and the gentleman from 
Texas (Mr. Stenholm), the ranking member, but I also want to thank five 
other members of the body; the gentleman from Utah (Mr. Hansen), who is 
chairman of Committee on Resources; the gentleman from Illinois (Mr. 
Hyde), chairman of the Committee on International Relations; the 
gentleman from Texas (Mr. Combest), the chairman of the Committee on 
Agriculture; and the gentleman from Wisconsin (Mr. Sensenbrenner), 
chairman of the Committee on the Judiciary; as well as the gentleman 
from Arizona (Mr. Flake), who gave a great deal of effort and who 
himself has suffered a 450,000-acre fire in Arizona.
  Before I finish my comments here, and I do have to read some comments 
for the Record, I do want to point out that the State of Colorado and 
the State of Arizona are open for business. I wish I would have brought 
my satellite picture. Despite all the stories my colleagues have heard 
about Colorado, if we took a look at what actually has burned in 
Colorado, we would see it is significantly less than 1 percent. 
Unfortunately, across the country, because of the media coverage of 
these horrible fires, these fires have people thinking the whole State 
is on fire, and we have seen a tremendous drop in our tourism, not only 
in Colorado but Arizona as well, for no reason at all. The majority, 
like I said, 99 point some percent of Colorado, is open for tourism, 
and it is a great place to visit, as is Arizona.
  That said, I want to point out that in the season that we are facing, 
here are a couple of unique things. One, we go to what we call a level 
5. Across this country, the national fire emergency system, our alert 
system goes clear to level 5. Level 5 is the highest and we are now 
currently in a level 5 situation. It is not unique that we go to a 
level 5 situation. In fact, we have done it several times in the past, 
but what is unique is we have never gone to a level 5 system prior to 
July 28. We actually went to level 5 two weeks ago. So we are almost 6 
weeks, almost 6 weeks ahead of what we have ever gone to in this 
emergency status before.
  So my colleagues can understand the importance of getting this 
exchange program back on track. As I said, it was already in place. We 
are not creating a new wheel here. It is a wheel that got taken off the 
track, and we are trying to put it back on the track.
  I should point out also that the National Interagency Fire Center, in 
declaring this readiness number 5, also acknowledges the importance of 
these management personnel that our countries exchange.
  I would ask support from my colleagues, and once again, I want to 
particularly thank my colleagues that helped us get this through on an 
expedited basis. Any one of those chairmen of any one of those 
committees could have slowed this bill down, could have insisted that 
this bill run the regular course that a bill usually runs, but every 
one of those chairmen, to the person and to the credit of the chairman 
and ranking member, understood the urgency and the importance of 
getting assistance out there on the ground fighting these fires.
  We expect a very full fire season ahead of us. We expect, as my 
colleagues know, and I would point out, unfortunately, we have had 
fatalities so far. We had a fireman killed in Durango, and to his 
family we wish Godspeed. We lost five firemen not very far from my 
house on the highway in a vehicle accident as they were going to the 
scene of a fire, and Godspeed to their families as well, but we are 
going to get them assistance.
  I would ask all of my colleagues to support this. I expect unanimous 
support of the bill, and I will be back with discussions on this floor 
to talk about the necessity of thinning forests, to talk about the 
litigation and the appeal process that has stopped us from thinning and 
managing these forests as we should. Fire must be managed. We just 
cannot let it go. We have seen the results of what has happened when it 
gets out of control, and fortunately, we have a couple of countries 
willing to help us out.
  Again, I want to especially thank the ranking member and the 
chairman.
  Mr. Speaker, I rise today in strong support of H.R. 5017, a bill that 
would amend the Temporary Emergency Wildfire Suppression Act to enhance 
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. At the outset, I want 
to thank five Members of this body who have been nothing short of 
essential in getting this bill to the House floor in very short order--
Congressman Jim Hansen, chairman of the Resources Committee, 
Congressman Henry Hyde, chairman of the International Relations 
Committee, Congressman Larry Combest, chairman of the Agriculture 
Committee, and Congressman Jim Sensenbrenner, chairman of the Judiciary 
Committee and Jeff Flake. Each of these Members, and their respective 
staffs, were instrumental in fast tracking this legislation to the full 
House today, less than 2 weeks after I first introduced it.
  In practical terms, H.R. 5017 would clear the way for scores of 
firefighters from Australia and other countries to immediately join 
forces with the thousands of brave Americans on the frontlines of our 
battle against catastrophic wildfire out West and in other parts of the 
country. And make no mistake about it, Mr. Speaker, we need all the 
reinforcements we can get.
  The 2002 fire season is well on its way to becoming among the largest 
and most destructive in recorded history. It is on pace to eclipse the 
catastrophic 2000 fire season when 122,000 fires burned 8.5 million 
acres, destroying over 800 homes and structures. Already this year, 
we've burned well over 3 million acres, which by itself is nearly three 
times the average for an entire year. What's most alarming about this 
statistic is that, historically, wildfire burns the hottest, largest, 
and most frequent in the latter parts of July and into August and 
September. The wildfire forecast for the coming months, Mr. Speaker, is 
ominous indeed.
  In response to this growing crisis on the national forests and public 
lands, the National Interagency Fire Center recently declared a 
national preparedness level of 5, the highest readiness threshold for 
our wildland firefighting agencies. This heightened readiness stage 
allows the Forest Service and Department of Interior agencies to more 
readily tap the assets of the military and other agencies not typically 
oriented to fighting wildfires. The Readiness 5 declaration was Uncle 
Sam's way of saying it's time to deploy all available resources, and 
pull out all available stops.
  But even as we do, we would be remiss not to tap into the formidable 
human resources of our friends and allies overseas, many of whom have 
considerable experience fighting wildfire. Countries like Australia and 
New Zealand have particular appeal in this regard because their fire 
season occurs during our winter months, making their firefighters open 
and available during our fiery summer months.

[[Page H4378]]

  Congress recognized this years ago with the enactment of the 
Temporary Emergency Wildfire Suppression Act, where it authorized the 
Secretaries of Interior and Agriculture to enter into reciprocal 
arrangements that, in essence, amount to a foreign firefighter exchange 
program. These reciprocal agreements allow us to borrow on the 
expertise of foreign firefighters when a need arises, and vice-versa.
  In 2000, this authority was particularly useful. Firefighters from 
Australia and New Zealand fought shoulder-to-shoulder with American 
firefighters at a time when we quite frankly needed the help. By all 
accounts the exchange program was a huge success.
  Which brings us to today. While the Wildfire Suppression Act has been 
a huge help and major success, new exchange agreements have been 
stalled because of legitimate liability concerns on the part of 
Australia and other countries with whom we have historically partnered. 
Our bill would address those concerns in straightforward fashion by 
eliminating the risk of tort liability to foreign firefighters and 
their governments while foreign personnel are providing assistance to 
the United States. It requires that foreign nations extend a reciprocal 
tort claims benefit to United States firefighters in the event the 
United States provides similar assistance to them. The proposed 
legislation would also deem foreign firefighters to be federal 
employees for the limited purpose of securing them coverage under the 
Federal Tort Claims Act. Finally, it would make the laws of the host 
country the only source of remedies available for acts and omissions in 
firefighting activities in the host country.
  Mr. Speaker, I've been told that there are 100 or so Australian 
firefighters all but on the tarmac ready to fly out to the United 
States to join our firefighting forces pending the enactment of this 
legislation. This highly skilled group will provide support in the 
place that it's needed the most right now--management caliber 
firefighters directing and overseeing rank-and-file firefighters on the 
front lines. This bill will ensure that this area of need is met in a 
meaningful way for the duration of this and future fire seasons.
  Mr. Speaker, this is a commonsense bill that is a real priority for 
Secretary Norton and Secretary Veneman, just as it is for me. I hope 
and trust that my colleagues will join with me in supporting it.
  Mr. STENHOLM. Mr. Speaker, I reserve the balance of my time.
  Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may 
consume.
  The other State that was referenced by the gentleman from Colorado 
that has been absolutely devastated by wildfires this summer is the 
State of Arizona, and I thank very much the gentleman from Arizona (Mr. 
Flake) for his contribution to this legislation and his efforts to make 
sure that firefighting capabilities in the State of Arizona, as well as 
the rest of the country, are supplemented with foreign firefighters as 
we need them, and I thank him for that effort.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Arizona (Mr. Flake).
  (Mr. FLAKE asked and was given permission to revise and extend his 
remarks.)
  Mr. FLAKE. Mr. Speaker, I thank the gentleman for yielding me the 
time.
  Mr. Speaker, I do come from the State of Arizona where we have had 
450,000 acres burn already this year. The entire West, as mentioned by 
the gentleman from Colorado, is a tinderbox at this point. We are at 
level 5, the first time we have reached level 5 this early in the year.
  Arizona, as mentioned, lost about 600 square miles to fire. We still 
have a lot of Ponderosa pine forest left. We have the largest stand of 
Ponderosa pine forest in the country. Many of my colleagues, 
particularly from the East Coast, were surprised to hear that we had 
forests in Arizona, let alone that they were burning.
  We had a horrible fire that was finally contained after 2 weeks, 
contained fully on Sunday. That fire is contained, but I can tell my 
colleagues that this season is not done, and this legislation 
recognizes the need to have firefighters, particularly in a management 
capacity, come here and to ensure that we have the forces necessary to 
put out these fires.
  When the lightning seasons hit, we had some lightning just a couple 
of days ago, five new fires started quickly, had to be suppressed, and 
we are going to see a lot more of that this year. So it is very 
important that we pass this legislation.
  I thank the gentleman from Colorado for introducing it and for the 
chairmen, as he mentioned, who moved it so quickly to this point.
  We have a situation in Arizona and throughout the West where we have 
far too much fuel that allows these fires to burn far hotter and spread 
far faster than they would otherwise. These are things that we need to 
address as we look to the future, but for now, we need to ensure the 
firefighters are on the ready. That is what this legislation does.
  I urge my colleagues to support it when it comes to the floor.
  Mr. Speaker, In August of 2000, 68 firefighters from Australia 
arrived in Montana to help their American counterparts bring wildfires 
under control. At that time more than 70 fires were burning in 12 U.S. 
states that prompted the call for assistance.
  After devastating wildfires in 2000, long-term agreements were 
negotiated with Australia and New Zealand. These agreements have not 
been implemented, however, due to concerns that the foreign 
firefighting personnel would face liability for alleged torts committed 
while their personnel were furnishing assistance to the U.S. Over 
450,000 acres of land burned in the widely publicized fire of Arizona.
  The National Interagency Fire Center has declared a state of 
``Preparedness Level 5''--indicating the highest level of risk and the 
need for the greatest degree of preparedness due to the severity of 
fire season conditions. For safety purposes, for every twenty 
firefighters on the front line of a fire there must be one management 
level firefighter to supervise and ensure the safety of the men in the 
field. Fourteen days ago when this legislation was introduced, the 
Hayman fire was still burning in Colorado and the Rodeo-Chedeski fires 
were raging in Arizona. Various other fires were also burning; together 
they were almost expending the resources we have available to fight 
these blazes.
  At that point there was a strong concern that there wouldn't be 
enough management level personnel to keep all the necessary frontline 
firefighters fighting the blazes. This legislation prevents that from 
occurring. The legislation before us makes it possible to ensure 
sufficient management level firefighters in the event of catastrophic 
fires by providing protections to firefighters, sending countries and 
any organization associated with the firefighter from any liability 
resulting from actions taking place while fighting fires here in the 
United States.
  Also provided within the legislation is a reciprocal agreement 
providing the same protection to American firefighters who go to other 
countries to assist in fire suppression or firefighting. With the West 
experiencing a severe drought and one of the worst fire seasons it has 
ever seen on record, fire managers are expecting a busy summer.
  Remove the constraints that prevent management level firefights from 
ensuring we can meet the demands of this season. Support this 
legislation.

                              {time}  1400

  Mr. STENHOLM. Mr. Speaker, I urge support of the bill, and I yield 
back the balance of my time.
  Mr. GOODLATTE. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Walden of Oregon). The question is on 
the motion offered by the gentleman from Virginia (Mr. Goodlatte) that 
the House suspend the rules and pass the bill, H.R. 5017.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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