[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4992 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4992

 To require employers of first responders to pay for certain judgments 
against, and other costs incurred by, those first responders that arise 
          out of their conduct in the course of official duty.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 13, 2010

   Mr. Wamp introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To require employers of first responders to pay for certain judgments 
against, and other costs incurred by, those first responders that arise 
          out of their conduct in the course of official duty.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``First Responders Protection Act of 
2010''.

SEC. 2. FINDINGS AND DECLARATION OF PURPOSE.

    Congress finds the following:
            (1) First responders are brave and selfless individuals who 
        put their lives in danger and make split-second decisions 
        everyday for the public good. They are not only vital in 
        emergency situations in their local communities, but they play 
        a crucial role in the aftermath of terrorist attacks and 
        natural disasters, which have regional and economic 
        consequences. For their service, our government must provide 
        them with the necessary resources and respond to matters 
        affecting their well-being and ability to carry-out their 
        responsibilities. It is essential that agencies or departments 
        assure their first responders that the agencies and departments 
        will stand with them in good faith regarding unintentional 
        outcomes resulting from the performance of those first 
        responders' duties to protect and serve.
            (2) While a Federal, State, or local government employing 
        the first responders may adhere to an established resolution 
        process to address claims of deprivation of individual rights, 
        the first responders may be personally sued in their individual 
        capacity for general damages. This means that, even though the 
        first responders acted within the scope of their training and 
        employment, they cannot obtain assistance for legal fees or 
        financial judgments from their employer.
            (3) Without assistance from the employer, the individual 
        first responders and their families are subject to potential 
        financial risks. If this matter is not addressed, it could 
        affect their morale and well-being and, in turn, can hinder 
        their ability to perform their responsibilities to the level 
        required in emergency situations.

SEC. 3. INDEMNIFICATION OF FIRST RESPONDERS.

    (a) In General.--Each employer of a first responder shall pay for 
any liability (including litigation costs related a claim of such 
liability) of that first responder arising from conduct in the course 
of official duty, unless the first responder intended to engage in the 
conduct or cause the result that is the basis of the liability.
    (b) Definitions.--In this section--
            (1) the term ``first responder'' means an employee of a 
        public safety agency who is a law enforcement officer, a 
        firefighter, or an emergency medical services provider;
            (2) the term ``law enforcement officer'' has the same 
        meaning given such term in section 1204(6) of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(6));
            (3) the term ``firefighter'' has the same meaning given the 
        term ``employee in fire protection activities'' defined in 
        section 3 of the Fair Labor Standards Act (29 U.S.C. 203(y)); 
        and
            (4) the term ``emergency medical services provider'' means 
        individual who provides out-of-hospital emergency medical care, 
        including an emergency medical technician, paramedic, or first 
        responder.

SEC. 4. SAVINGS CLAUSE.

    Nothing in this Act affects any State or local law that provides a 
comparable or greater amount of payment of the liability of first 
responders.
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