---
kind: "range"
citation: "42 U.S.C. §§ 1856–1856d"
title: "42"
from: "1856"
to: "1856d"
count: 6
release: "119-102"
url: "https://uscodex.org/usc/42/1856..1856d"
---

# §1856. Definitions


As used in this subchapter—

- (a) The term “agency head” means the head of any executive department, military department, agency, or independent establishment in the executive branch of the Government;
- (b) The term “fire protection” includes personal services and equipment required for fire prevention, the protection of life and property from fire,,[^1] fire fighting, and emergency services, including basic medical support, basic and advanced life support, hazardous material containment and confinement, and special rescue events involving vehicular and water mishaps, and trench, [building](/usc/42/6881.md?p=i-3), and confined space extractions; and
- (c) The term “fire organization” means any governmental entity or public or [private corporation](/usc/42/2297h.md?p=7) or association maintaining [fire protection](#b) [facilities](/usc/42/11049.md?p=4) within the [United States](/usc/42/403.md?p=k), its Territories and possessions, and any governmental entity or public or [private corporation](/usc/42/2297h.md?p=7) or association which maintains [fire protection](#b) [facilities](/usc/42/11049.md?p=4) in any foreign country in the vicinity of any installation of the [United States](/usc/42/403.md?p=k).

# §1856a. Authority to enter into reciprocal agreement; waiver of claims; reimbursement; ratification of prior agreements

- (a) Each [agency head](/usc/42/1856.md?p=a) charged with the duty of providing [fire protection](/usc/42/1856.md?p=b) for any property of the [United States](/usc/42/403.md?p=k) is authorized to enter into a reciprocal [agreement](/usc/42/1320b–8.md?p=a-3-A), with any [fire organization](/usc/42/1856.md?p=c) maintaining [fire protection](/usc/42/1856.md?p=b) [facilities](/usc/42/11049.md?p=4) in the vicinity of such property, for mutual aid in furnishing [fire protection](/usc/42/1856.md?p=b) for such property and for other property for which such organization normally provides [fire protection](/usc/42/1856.md?p=b). Each such [agreement](/usc/42/1320b–8.md?p=a-3-A) shall include a waiver by each party of all [claims](/usc/42/1320a–7a.md?p=i-2) against every other party for compensation for any loss, damage, personal injury, or death occurring in consequence of the performance of such [agreement](/usc/42/1320b–8.md?p=a-3-A). Any such [agreement](/usc/42/1320b–8.md?p=a-3-A) may provide for the reimbursement of any party for all or any part of the cost incurred by such party in furnishing [fire protection](/usc/42/1856.md?p=b) for or on behalf of any other party.
- (b) Any [agreement](/usc/42/1320b–8.md?p=a-3-A) heretofore executed which would have been authorized by this subchapter, if this subchapter had been in effect on the date of execution thereof, is ratified and confirmed.

# §1856a–1. Authority to enter into contracts with State and local governmental entities


Notwithstanding any other provision of law, in fiscal year 1992 and thereafter, the [Secretary](/usc/42/242q–4.md?p=2) of the Interior, the [Secretary](/usc/42/242q–4.md?p=2) of Agriculture, the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7), the [Secretary](/usc/42/242q–4.md?p=2) of the Army, and the [Secretary](/usc/42/242q–4.md?p=2) of the Smithsonian Institution are authorized to enter into contracts with [State](/usc/42/201.md?p=f) and local governmental entities, including local fire districts, for procurement of services in the presuppression, detection, and suppression of fires on any [units](/usc/42/1395w–114b.md?p=g-2) within their jurisdiction.


# §1856b. Emergency assistance


In the absence of any [agreement](/usc/42/1320b–8.md?p=a-3-A) authorized or ratified by [section 1856a of this title](/usc/42/1856a.md), each [agency head](/usc/42/1856.md?p=a) is authorized to render emergency assistance in extinguishing fires and in preserving life and property from fire, within the vicinity of any place at which such agency maintains fire-protection [facilities](/usc/42/11049.md?p=4), when the rendition of such assistance is determined, under regulations prescribed by the [agency head](/usc/42/1856.md?p=a), to be in the best interest of the [United States](/usc/42/403.md?p=k).


# §1856c. Service in line of duty


Any service performed under [section 1856a](/usc/42/1856a.md) or [section 1856b of this title](/usc/42/1856b.md), by any officer or [employee](/usc/42/1320a–7h.md?p=e-7) of the [United States](/usc/42/403.md?p=k) or any member of any armed force of the [United States](/usc/42/403.md?p=k) shall constitute service rendered in line of duty in such [office](/usc/42/3058f.md?p=1), employment, or force. The performance of such service by any other individual shall not constitute such individual an officer or [employee](/usc/42/1320a–7h.md?p=e-7) of the [United States](/usc/42/403.md?p=k) for the purposes of subchapter I of [chapter 81](/usc/5/chptIII-sptG-ch81.md) of title 5.


# §1856d. Funds

- (a) [Funds](/usc/42/12854.md?p=3) available to any [agency head](/usc/42/1856.md?p=a) for [fire protection](/usc/42/1856.md?p=b) on installations or in connection with activities under the jurisdiction of such agency may be used to carry out the purposes of this subchapter. All sums received by any [agency head](/usc/42/1856.md?p=a) for [fire protection](/usc/42/1856.md?p=b) rendered pursuant to this subchapter shall be covered into the Treasury as miscellaneous receipts.
- (b) Notwithstanding [subsection (a)](#a), all sums received as reimbursements for costs incurred by any Department of Defense or Department of Agriculture activity for [fire protection](/usc/42/1856.md?p=b) rendered pursuant to this subchapter shall be credited to the same appropriation or [fund](/usc/42/12854.md?p=3) from which the expenses were paid or, if the period of availability for obligation for that appropriation has expired, to the appropriation or [fund](/usc/42/12854.md?p=3) that is currently available to the activity for the same purpose. Amounts so credited shall be subject to the same provisions and restrictions as the appropriation or account to which credited.