I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘First Responders Pro5 tection Act of 2010’’. 

6 SEC. 2. FINDINGS AND DECLARATION OF PURPOSE. 

7 Congress finds the following: 


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1 (1) First responders are brave and selfless indi2 viduals who put their lives in danger and make split3 second decisions everyday for the public good. They 

4 are not only vital in emergency situations in their 

5 local communities, but they play a crucial role in the 

6 aftermath of terrorist attacks and natural disasters, 

7 which have regional and economic consequences. For 

8 their service, our government must provide them 

9 with the necessary resources and respond to matters 

10 affecting their well-being and ability to carry-out 

11 their responsibilities. It is essential that agencies or 

12 departments assure their first responders that the 

13 agencies and departments will stand with them in 

14 good faith regarding unintentional outcomes result15 ing from the performance of those first responders’ 

16 duties to protect and serve. 

17 (2) While a Federal, State, or local government 

18 employing the first responders may adhere to an es19 tablished resolution process to address claims of dep20 rivation of individual rights, the first responders 

21 may be personally sued in their individual capacity 

22 for general damages. This means that, even though 

23 the first responders acted within the scope of their 

24 training and employment, they cannot obtain assistVerDate Nov 24 2008 20:44 Apr 14, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4992.IH H4992

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1 ance for legal fees or financial judgments from their 

2 employer. 

3 (3) Without assistance from the employer, the 

4 individual first responders and their families are 

5 subject to potential financial risks. If this matter is 

6 not addressed, it could affect their morale and well7 being and, in turn, can hinder their ability to per8 form their responsibilities to the level required in 

9 emergency situations. 

10 SEC. 3. INDEMNIFICATION OF FIRST RESPONDERS. 

11 (a) IN GENERAL.—Each employer of a first re12 sponder shall pay for any liability (including litigation 

13 costs related a claim of such liability) of that first re14 sponder arising from conduct in the course of official duty, 

15 unless the first responder intended to engage in the con16 duct or cause the result that is the basis of the liability. 

17 (b) DEFINITIONS.—In this section— 

18 (1) the term ‘‘first responder’’ means an em19 ployee of a public safety agency who is a law en20 forcement officer, a firefighter, or an emergency 

21 medical services provider; 

22 (2) the term ‘‘law enforcement officer’’ has the 

23 same meaning given such term in section 1204(6) of 

24 the Omnibus Crime Control and Safe Streets Act of 

25 1968 (42 U.S.C. 3796b(6)); 


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1 (3) the term ‘‘firefighter’’ has the same mean2 ing given the term ‘‘employee in fire protection ac3 tivities’’ defined in section 3 of the Fair Labor 

4 Standards Act (29 U.S.C. 203(y)); and 

5 (4) the term ‘‘emergency medical services pro6 vider’’ means individual who provides out-of-hospital 

7 emergency medical care, including an emergency 

8 medical technician, paramedic, or first responder. 

9 SEC. 4. SAVINGS CLAUSE. 

10 Nothing in this Act affects any State or local law that 

11 provides a comparable or greater amount of payment of 

12 the liability of first responders. 

Æ 


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