---
kind: "section"
citation: "42 U.S.C. § 1856n–1"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1856n–1"
heading: "Reciprocal agreements with liability coverage"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/1856n-1"
units:
  - "Chapter 15A — Reciprocal Fire Protection Agreements"
  - "Subchapter II — Wildfire Suppression with Foreign Fire Organization"
---

# §1856n–1. Reciprocal agreements with liability coverage

- (a) **Protection from liability for foreign firefighters and foreign fire organizations—** Subject to [subsection (b)](#b), in an agreement with a [foreign fire organization](/usc/42/1856m.md?p=3) entered into under [section 1856n of this title](/usc/42/1856n.md), the [Secretary](/usc/42/242q–4.md?p=2) of Agriculture and the [Secretary](/usc/42/242q–4.md?p=2) of the Interior may provide that—
  - (1) a [foreign firefighter](/usc/42/1856m.md?p=4) shall be considered to be an employee of the United States for purposes of tort liability while the [foreign firefighter](/usc/42/1856m.md?p=4) is acting within the scope of an official duty under the agreement; and
  - (2) any claim against the [foreign fire organization](/usc/42/1856m.md?p=3) or any legal organization associated with the [foreign firefighter](/usc/42/1856m.md?p=4) that arises out of an act or omission of the [foreign firefighter](/usc/42/1856m.md?p=4) 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](/usc/42/1856m.md?p=3) or legal organization associated with the [foreign firefighter](/usc/42/1856m.md?p=4) 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](/usc/42/242q–4.md?p=2) of Agriculture and the [Secretary](/usc/42/242q–4.md?p=2) of the Interior may provide the protections under [subsection (a)](#a) if the [foreign fire organization](/usc/42/1856m.md?p=3) agrees—
  - (1) to [assume any and all liability](/usc/42/1856m.md?p=1) for any legal action brought against the [Federal firefighter](/usc/42/1856m.md?p=2) for an act or omission of the [Federal firefighter](/usc/42/1856m.md?p=2) 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](/usc/42/1856m.md?p=2) is not entitled to immunity from the jurisdiction of the courts having jurisdiction over the [foreign fire organization](/usc/42/1856m.md?p=3) receiving the services of the [Federal firefighters](/usc/42/1856m.md?p=2), to [assume any and all liability](/usc/42/1856m.md?p=1) 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](/usc/42/1856m.md?p=2) 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](/usc/42/1856m.md?p=2) is legally responsible under the laws applicable to the [foreign fire organization](/usc/42/1856m.md?p=3).

## Source credit

(Pub. L. 100–428, § 4, as added Pub. L. 112–74, div. E, title IV, § 411(5), Dec. 23, 2011, 125 Stat. 1040.)

## Notes

### 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.