42 U.S.C. § 1856n–1: Reciprocal agreements…

Summary

The Secretary of Agriculture and the Secretary of the Interior can make agreements with foreign firefighting groups that treat a foreign firefighter, while doing official work under the agreement, as if they were a U.S. government employee for lawsuits. If a claim comes from that firefighter’s actions while on duty, or from other things the foreign group is legally responsible for, the claim can only be brought against the United States and must be handled as if a U.S. employee caused it. Those protections can be given only if the foreign firefighting group agrees to take full responsibility for any lawsuit against a Federal firefighter for acts while on duty under the agreement. If the United States or its related legal entities do not have immunity in the foreign group’s courts, the foreign group must also agree to accept full responsibility for lawsuits against the United States or its related legal entities that come from the Federal firefighter’s official acts or other acts the United States is held responsible for under the foreign group’s laws.

Title 42, §1856n–1

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Protection from liability for foreign firefighters and foreign fire organizations

Subject to subsection (b), in an agreement with a foreign fire organization entered into under section 1856n of this title, the Secretary of Agriculture and the Secretary of the Interior may provide that—

(1)a foreign firefighter shall be considered to be an employee of the United States for purposes of tort liability while the foreign firefighter is acting within the scope of an official duty under the agreement; and

(2)any claim against the foreign fire organization or any legal organization associated with the foreign firefighter that arises out of an act or omission of the foreign firefighter in the performance of an official duty under the agreement, or that arises out of any other act, omission, or occurrence for which the foreign fire organization or legal organization associated with the foreign firefighter is legally responsible under applicable law, may be prosecuted only—

(A)against the United States; and

(B)as if the act or omission were the act or omission of an employee of the United States.

(b)Protection from liability for Federal firefighters and the Federal Government

The Secretary of Agriculture and the Secretary of the Interior may provide the protections under subsection (a) if the foreign fire organization agrees—

(1)to assume any and all liability for any legal action brought against the Federal firefighter for an act or omission of the Federal firefighter while acting within the scope of an official duty under the agreement; and

(2)to the extent the United States or any legal organization associated with the Federal firefighter is not entitled to immunity from the jurisdiction of the courts having jurisdiction over the foreign fire organization receiving the services of the Federal firefighters, to assume any and all liability for any legal action brought against the United States or the legal organization arising out of—

(A)an act or omission of the Federal firefighter in the performance of an official duty under the agreement; or

(B)any other act, omission, or occurrence for which the United States or the legal organization associated with the Federal firefighter is legally responsible under the laws applicable to the foreign fire organization.

Editorial Notes

Prior Provisions

A prior section 4 of Pub. L. 100–428 was renumbered section 5 and is classified to section 1856o of this title.

§1856n–1 Reciprocal Agreements with Liability Coverage

Summary

Title 42, §1856n–1

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata