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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘First Responders Pro-
tection Act of 2010’’. 
SEC. 2. FINDINGS AND DECLARATION OF PURPOSE. 
Congress finds the following: 
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(1) First responders are brave and selfless indi-
viduals 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 result-
ing 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 es-
tablished resolution process to address claims of dep-
rivation 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 assist-
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ance 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 per-
form their responsibilities to the level required in 
emergency situations. 
SEC. 3. INDEMNIFICATION OF FIRST RESPONDERS. 
(a) IN GENERAL.—Each employer of a first re-
sponder shall pay for any liability (including litigation 
costs related a claim of such liability) of that first re-
sponder arising from conduct in the course of official duty, 
unless the first responder intended to engage in the con-
duct or cause the result that is the basis of the liability. 
(b) DEFINITIONS.—In this section— 
(1) the term ‘‘first responder’’ means an em-
ployee of a public safety agency who is a law en-
forcement 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)); 
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(3) the term ‘‘firefighter’’ has the same mean-
ing given the term ‘‘employee in fire protection ac-
tivities’’ defined in section 3 of the Fair Labor 
Standards Act (29 U.S.C. 203(y)); and 
(4) the term ‘‘emergency medical services pro-
vider’’ 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. 
Æ 
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