[Congressional Record Volume 153, Number 163 (Thursday, October 25, 2007)]
[Senate]
[Pages S13452-S13453]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARPER (for himself and Ms. Collins):
  S. 2240. A bill to prohibit termination of employment of volunteer 
firefighters and emergency medical personnel responding to emergencies, 
and for other purposes; to the Committee on Health, Education, Labor, 
and Pensions.
  Mr. CARPER. Mr. President, I rise today with my mend from Maine to 
introduce the Volunteer Firefighter and EMS Personnel Job Protection 
Act.
  Current law offers volunteer firefighters and emergency medical 
services personnel no protection against punishment by their employers 
should they miss work when called on to respond to a national 
emergency. This means that firefighters or EMS personnel volunteering 
their time, even during major disasters like 9/11, Hurricane Katrina, 
or even the current wildfires in California, can be disciplined or even 
fired for putting their lives at risk to save others.
  We put forward this legislation today out of concern that volunteers 
faced with the prospect of losing their jobs and not responding to a 
call will choose the latter. Its passage would protect volunteers from 
having to make that choice when the call is to a Presidentially-
declared disaster or emergency.
  In order to receive the protections offered under the bill, a first 
responder would need to provide reasonable notice to their employer 
before missing time and would need to provide regular updates during 
the course of their absence. The bill also allows volunteer 
firefighters or EMS personnel to take legal action against businesses 
that fire or discipline an individual who gives appropriate notice 
before missing work due to a legitimate emergency situation.
  In order to prevent abuse, the bill places a 14-day limit on the 
amount of time volunteer firefighters or EMS workers could take off 
from their jobs before being subject to disciplinary action. The bill 
also does not require employers to compensate volunteers for time away 
from work.
  Communities across the country depend on volunteer firefighters and 
EMS personnel to respond to major disasters. My State is among them. In 
fact, most communities in Delaware rely almost exclusively on the work 
and sacrifice of volunteers to protect their citizens from fires to 
major disasters. This bill seeks to ensure that Delawareans can 
continue to rely on them.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2240

       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 ``Volunteer Firefighter and 
     EMS Personnel Job Protection Act''.

[[Page S13453]]

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Emergency.--The term ``emergency'' has the meaning 
     given such term in section 102 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5122).
       (2) Major disaster.--The term ``major disaster'' has the 
     meanings given such term in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122).
       (3) Qualified volunteer fire department.--The term 
     ``qualified volunteer fire department'' has the meaning given 
     such term in section 150(e) of the Internal Revenue Code of 
     1986.
       (4) Volunteer emergency medical services.--The term 
     ``volunteer emergency medical services'' means emergency 
     medical services performed on a voluntary basis for a fire 
     department or other emergency organization.
       (5) Volunteer firefighter.--The term ``volunteer 
     firefighter'' means an individual who is a member in good 
     standing of a qualified volunteer fire department.

     SEC. 3. TERMINATION OF EMPLOYMENT OF VOLUNTEER FIREFIGHTERS 
                   AND EMERGENCY MEDICAL PERSONNEL PROHIBITED.

       (a) Termination Prohibited.--No employee may be terminated, 
     demoted, or in any other manner discriminated against in the 
     terms and conditions of employment because such employee is 
     absent from or late to the employee's employment for the 
     purpose of serving as a volunteer firefighter or providing 
     volunteer emergency medical services as part of a response to 
     an emergency or major disaster.
       (b) Deployment.--The prohibition in subsection (a) shall 
     apply to an employee serving as a volunteer firefighter or 
     providing volunteer emergency medical services if such 
     employee--
       (1) is specifically deployed to respond to the emergency or 
     major disaster in accordance with a coordinated national 
     deployment system such as the Emergency Management Assistance 
     Compact or a pre-existing mutual aid agreement; or
       (2) is a volunteer firefighter who--
       (A) is a member of a qualified volunteer fire department 
     that is located in the State in which the emergency or major 
     disaster occurred;
       (B) is not a member of a qualified fire department that has 
     a mutual aid agreement with a community affected by such 
     emergency or major disaster; and
       (C) has been deployed by the emergency management agency of 
     such State to respond to such emergency or major disaster.
       (c) Limitations.--The prohibition in subsection (a) shall 
     not apply to an employee who--
       (1) is absent from the employee's employment for the 
     purpose described in subsection (a) for more than 14 days per 
     calendar year;
       (2) responds on the emergency or major disaster without 
     being officially deployed as described in subsection (b); or
       (3) fails to provide the written verification described in 
     subsection (e) within a reasonable period of time.
       (d) Withholding of Pay.--An employer may reduce an 
     employee's regular pay for any time that the employee is 
     absent from the employee's employment for the purpose 
     described in subsection (a).
       (e) Verification.--An employer may require an employee to 
     provide a written verification from the official of the 
     Federal Emergency Management Agency supervising the Federal 
     response to the emergency or major disaster or a local or 
     State official managing the local or State response to the 
     emergency or major disaster that states--
       (1) the employee responded to the emergency or major 
     disaster in an official capacity; and
       (2) the schedule and dates of the employee's participation 
     in such response.
       (f) Reasonable Notice Required.--An employee who may be 
     absent from or late to the employee's employment for the 
     purpose described in subsection (a) shall--
       (1) make a reasonable effort to notify the employee's 
     employer of such absence; and
       (2) continue to provide reasonable notifications over the 
     course of such absence.

     SEC. 4. RIGHT OF ACTION.

       (a) Right of Action.--An individual who has been 
     terminated, demoted, or in any other manner discriminated 
     against in the terms and conditions of employment in 
     violation of the prohibition described in section 3 may 
     bring, in a district court of the United States of 
     appropriate jurisdiction, a civil action against individual's 
     employer seeking--
       (1) reinstatement of the individual's former employment;
       (2) payment of back wages;
       (3) reinstatement of fringe benefits; and
       (4) if the employment granted seniority rights, 
     reinstatement of seniority rights.
       (b) Limitation.--The individual shall commence a civil 
     action under this section not later than 1 year after the 
     date of the violation of the prohibition described in section 
     3.

     SEC. 5. STUDY AND REPORT.

       (a) Study.--The Secretary of Labor shall conduct a study on 
     the impact that this Act could have on the employers of 
     volunteer firefighters or individuals who provide volunteer 
     emergency medical services and who may be called on to 
     respond to an emergency or major disaster.
       (b) Report.--Not later than 12 months after the date of the 
     enactment of this Act, the Secretary of Labor shall submit to 
     the appropriate congressional committees a report on the 
     study conducted under subsection (a).
       (c) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means the 
     Committee on Health, Education, Labor, and Pensions and the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Education and the Workforce and 
     the Committee on Small Business of the House of 
     Representatives.

  Ms. COLLINS. Mr. President. I rise to offer my wholehearted support 
for the bill offered by the distinguished Senator from Delaware to 
provide some reasonable measure of job protection for the volunteer 
firefighters and emergency medical personnel who save thousands of 
lives across this country every year.
  This bill is a matter of simple fairness. It recognizes that 
volunteer firefighters and emergency medical personnel not only serve 
their own towns and offer mutual assistance to other communities on a 
day-to-day basis, but also that they are a key component in state and 
federal plans for responding to catastrophic natural disasters and 
terrorist attacks.
  Across the Nation, our emergency planning relies on the ready 
availability of these brave first responders. Indeed, volunteers are 
absolutely critical to mounting a response to disasters, both large and 
small. My home state of Maine, for example, has slightly more than 
10,000 firefighters in 492 departments. Because Maine is a mostly rural 
State, fully 88 percent of those firefighters are volunteers.
  Yet, even if they are called up in a major disaster or a 
Presidentially declared emergency under the Stafford Act, these 
volunteers have no official protection for their jobs while they are 
answering the call to duty.
  We should protect volunteer firefighters and EMS personnel who put 
their lives on the line.
  The current lack of job protection is dangerous. If large numbers of 
volunteer firefighters and EMS personnel were terminated or demoted 
after being called away to a disaster or a series of disasters, 
recruitment and retention of volunteers could be devastated.
  The Volunteer Firefighter and EMS Personnel Job Protection Act would 
correct the injustice and mitigate the danger in a measured and 
responsible way. It would protect the volunteer first responders 
against termination or demotion by employers if they are called upon to 
respond to a Presidentially declared emergency or a major disaster for 
up to 14 workdays.
  The bill imposes no unreasonable burdens on employers. They are not 
obliged to pay the volunteers during their absence, and they are 
entitled to receive official documentation that an absent employee was 
in fact summoned to and served in a disaster response.
  Finally, I would note that the bill would facilitate the work of 
emergency managers. Having this job protection in force would allow 
them to make operational and contingency plans with greater confidence, 
knowing that volunteer responders would not be forced to withdraw in 
short order for fear of losing their jobs.
  The Volunteer Firefighter and EMS Personnel Job Protection Act is a 
straightforward matter of simple justice and sound policy. By extending 
some protection to these brave men and women, we can strengthen the 
protection and life-saving response that they provide to many millions 
of Americans. I believe this bill merits the support of every Senator, 
and I am proud to be an original co-sponsor.
                                 ______