Pub. L. 112-74, div. E, tit. IV (as amended)

411.The Temporary Emergency Wildfire Suppression Act (42 U.S.C. 1856m et seq.) is amended—(1)in the first section (42 U.S.C. 1856m note)—(A)by striking That this and inserting the following:1.SHORT TITLEThis; and(B)by striking Temporary;(2)by striking section 2 (42 U.S.C. 1856m) and inserting the following:2.DEFINITIONSIn this Act:(1)Assume any and all liability.The term assume any and all liability means—(A)the payment of—(i)any judgment, settlement, fine, penalty, or cost assessment (including prevailing party legal fees) associated with the applicable litigation; and(ii)any cost incurred in handling the applicable litigation (including legal fees); and(B)with respect to a Federal firefighter, arranging for, and paying the costs of, representation in the applicable litigation.(2)Federal firefighter.The term Federal firefighter means an individual furnished by the Secretary of Agriculture or the Secretary of the Interior under an agreement entered into under section 3.(3)Foreign fire organization.The term foreign fire organization means any foreign governmental, public, or private entity that has wildfire protection resources.(4)Foreign firefighter.The term foreign firefighter means an individual furnished by a foreign fire organization under an agreement entered into under section 3.(5)Wildfire.The term wildfire means any forest or range fire.(6)Wildfire protection resources.The term wildfire protection resources means any personnel, supplies, equipment, or other resources required for wildfire presuppression and suppression activities.;(3)in section 3 (42 U.S.C. 1856n)—(A)in subsection (a)—(i)by striking (a)(1) The Secretary of Agriculture and inserting the following:(a)Exchange of Wildfire Protection Resources Under a Reciprocal Agreement With a Foreign Fire Organization.(1)Authority to enter into a reciprocal agreement.The Secretary of Agriculture; and(ii)in paragraph (2), by striking (2) Any agreement and inserting the following:(2)Requirements for a reciprocal agreement.Any agreement;(B)in subsection (b)—(i)by striking (b) In the absence and inserting the following:(b)Exchange of Wildfire Protection Resources Without a Reciprocal Agreement.In the absence; and(ii)in paragraph (1), by striking United States, and and inserting United States; and;(C)in subsection (c), by striking (c) Notwithstanding and inserting the following:(c)Reimbursement Under Agreements With Canada.Notwithstanding; and(D)in subsection (d)—(i)by striking, (d) Any service and inserting the following:(d)Service Performed Under This Act by Federal Employees.(1)In general.Any service; and(ii)in the second sentence, by striking The and inserting the following:(2)Effect.Except as provided in section 4, the;(4)by redesignating section 4 (42 U.S.C. 1856o) as section 5;(5)by inserting after section 3 the following:4.42 U.S.C. 1856n-1RECIPROCAL AGREEMENTS WITH LIABILITY COVERAGE(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 3, 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.; and(6)in section 5 (as redesignated by paragraph (4))—(A)by striking under section 3(c) and inserting under this Act; and(B)in the proviso—(i)by striking wildfire protection resources or personnel each place it appears and inserting wildfire protection resources (including personnel);(ii)by inserting for wildfire suppression activities before unless; and(iii)by striking provide wildfire protection and inserting provide wildfire suppression.