First Responder (2013)

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The Legal Definitions of First Responder (2013)

DETAILS 30 pages | 8.5 x 11 | PAPERBACK ISBN 978-0-309-28369-4 | DOI 10.17226/22451

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GET THIS BOOK Bricker, Lew R. C.; Petermann, Tanya N.; Hines, Margaret; and Sands, Jocelyn

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NAtional Cooperative Highway Research Program

Responsible Senior Program Officer: Stephan A. Parker Research Results Digest 385 THE LEGAL DEFINITIONS OF “FIRST RESPONDER” This digest presents the results of NCHRP Project 20-59(41), “Legal Definition of ‘First Responder’.” The research was conducted by Lew R. C. Bricker, Esquire, and Tanya N. Petermann, Esquire, of Smith Amundsen, Chicago, IL; Margaret Hines, Esquire; and Jocelyn Sands, J. D. James B. McDaniel was the Principal Investigator.

INTRODUCTION Congress and in some congressional bills that were not enacted into law. The term This digest was prepared to answer the following questions: first, whether there is used by the chief funding agencies for is a definition of the term “first responder” “disaster-related” grants, the Department of in federal law, and second, if there is a Homeland Security (DHS) and the Federal definition in federal law, what is the defi- Emergency Management Agency (FEMA), nition’s effect on the distribution of federal on their websites in general descriptive grant funding. This digest also contains language and also appears in the same an analysis of grants available from the sense on the website of the Federal Com- federal government to aid state and local munications Commission (FCC). The term governmental entities in preparing for and is used in a non-legal sense in other execu- responding to natural or manmade disasters tive branch documents (e.g., the curricu- and emergencies (i.e., grants that would be lum for a training course prepared by the available to those who might be considered National Highway Traffic Safety Adminis- “first responders”). The grant programs are tration [NHTSA]). analyzed and described in terms of general Because of this popular use, and more information about each grant’s guidelines importantly, because some states use the for applicants and administration. term “first responder” in their laws, regula- The conclusion reached after exam- tions, and executive documents to designate ining federal law, regulations, and other governmental and nongovernmental person- federal executive branch documents is that nel who respond to emergencies and disas- CONTENTS there is no “definition” of the term “first ters, the question has arisen as to whether Introduction, 1 responder.” The term has come to be used there is a single federal definition, and if Research Method, 2 popularly or colloquially to refer to law so, whether that definition would affect Federal Laws and Regulations, 2 enforcement, fire, and emergency medical state and local government eligibility for

“First Responder” as a Term personnel, especially after the events of Sep- grants. The federal government, through of Popular Use, 6 tember 11, 2001. For example, the research grants to the states, distributes funding State Schemes, 7 shows that “first responder” has been used for most of these programs. To receive the Federal Grants Programs, 7 in that sense in testimony by members of funds, the states are independently respon-

Conclusion, 12 the federal executive branch before con- sible for applying for these grants. Under gressional committees and also by members the programs, funding should be awarded Appendix: States’ Use of Term “First Responder”, A-1 of Congress in statements on the floor of if the state qualifies. Given the expressed

guidance and intent of the grant programs, qualifi- services provided by emergency service providers, cation for the funding would depend on the state’s as that term is defined in section 2 of the Homeland definition of its agency or personnel and whether Security Act of 2002 (6 U.S.C. 101).”5 Section 337(f) that definition satisfies the criteria articulated by the of the Communications Act of 19346 defines “public federal scheme. A further question that has arisen safety services” to be services “the sole or princi- is, if there is no single uniform federal definition pal purpose of which is to protect the safety of life, of “first responder,” is there a need to create or health, or property” and that are provided by state or adopt one. local governmental entities or by nongovernmental The research shows that neither the Homeland entities that are authorized by the government. The Security Act of 20021 nor other relevant federal law term “first responder” is not included in the defini- that provides for grants to state and local govern- tions section of the Middle Class Tax Relief and Job mental entities, tribal governments, or other local Creation Act of 2012, nor is it included in section entities, for emergency and disaster-related activi- 337 of the Communications Act, as amended.7 ties, used the term “first responder” in defining or describing those who are eligible for grant funds. RESEARCH METHOD The Homeland Security Act uses the term “emergency response providers” to mean “federal, The research on which this digest is based was state, and local governmental and nongovernmen- conducted in stages. Initially, a general survey was tal emergency public safety, fire, law enforcement, conducted to determine the federal and individual emergency response, emergency medical (includ- states’ definition of the term “first responder” (if any). ing hospital emergency facilities) and related Then relevant federal funding laws were researched. personnel, agencies, and authorities.”2 In the “Post- Federal grants for “first responders” (or emergency Katrina Emergency Management Reform Act of response providers) were next researched. Whether 2006” (Title VI of the 2007 Appropriations Act for the term “first responder” was used as a term of eligi- the Department of Homeland Security)3, the defi- bility or for applicants was examined. Guidelines for nitions section of the law dealing with the Federal grant applicants were investigated and the previous Emergency Management Agency was expanded to history of the individual grants was researched. The include a definition of the term “emergency response relevant results are described in this digest. provider.” The term is defined there as having the same meaning as in the Homeland Security Act, at FEDERAL LAWS AND REGULATIONS 6 U.S.C. 101. In other words, in both these statutory schemes dealing with funding for “first responders,” Security Assistance Grants those who would be the first to respond in the case under DHS and FEMA of a natural or manmade disaster or emergency are Federal regulation and funding for disaster and termed “emergency response providers” rather than emergency relief began in its basic form in the 1930s “first responders.” under entities such as the Reconstruction Finance The Middle Class Tax Relief and Job Creation Corporation following an earthquake, the Bureau of Act of 20124 provides for grant funds to state and Public Roads for repairs after natural disasters, and local governments for emergency communica- the Flood Control Act which assisted the Army Corps tions activities. This Act, in its definitions section, of Engineers with flooding problems. These entities includes the term “public safety entity,” which is defined as “an entity that provides public safety services.” “Public safety services” is defined to have the 5 same meaning as the term has under section 337(f) Pub. L. No. 112-96, §§ 6001(26) and (27), 126 Stat. 156, 204 of the Communications Act of 1934 and “includes (2012); (codified at 47 U.S.C. 1401) (2013). 6 47 U.S.C. 337(f) (2013). 7 Pub. L. No. 112-96, 126 Stat. 156 (2012) provides for establishment of the “First Responder Network Authority” under 1 Pub. L. No. 107-296, 116 Stat. 2135 (2002). § 6204 (codified at 47 U.S.C. 1424 (2013)); however, the defi- 2 6 U.S.C. 101(6) (2013). nition refers to its responsibilities under the Act, not to eligi- 3 Pub. L. No. 109-295, 120 Stat. 1355, 1394 (2006). bility of any entity for grant funds. (See § 6001(15) of Pub. L. 4 Pub. L. No. 112-96, 126 Stat. 156 (2012). No. 112-96, 126 Stat. 156 (2012)).

acted as partial precursors to the currently most com- authority for most federal disaster response activi- monly known disaster relief agency within the federal ties, especially as they pertain to FEMA and FEMA government, the Federal Emergency Management programs.”14 The term “first responder” is not used or Agency (FEMA).8 The available funding mecha- defined in either the Stafford Act or the 1974 Disaster nisms were later expanded after various natural disas- Relief Act. ters such as earthquakes and hurricanes. In 1974, the In March 2003, under provisions of the Home- Disaster Relief Act established the process for presi- land Security Act of 2002,15 FEMA was made part of dential disaster declarations that had been handled the Department of Homeland Security (DHS). The on an ad hoc basis prior to that time.9 Homeland Security Act also does not, as enacted, In 1979, President Carter created FEMA under refer to or define “first responder.” The legislative Executive Order 12127. This agency united a group history of the Act shows the House Bill at one point of federal entities that included The Federal Insur- contained a provision for “National Council of First ance Administration, the National Fire Prevention Responders.”16 The Council would have consisted and Control Administration, the National Weather of “not less than 100 members” to include “police, Service Community Preparedness Program, the Fed- firefighters, emergency medical technicians, rescue eral Preparedness Agency of the General Services workers, and hospital personnel.”17 This provision Administration, and the Federal Disaster Assistance was not in the version of the bill enacted into law; Administration activities from the U.S. Department however, and no explanation as to its removal was of Housing and Urban Development (HUD). Civil found in the legislative history. defense responsibilities were also transferred to the The Homeland Security Act (as enacted) did not new agency (i.e., FEMA) from the U.S. Defense contain any reference to “first responders.” In the Department’s Defense Civil Preparedness Agency.10 “Definitions” section is the following language, This expanded the operational scope and portfolio “The term ‘emergency response providers’ includes of FEMA. From 1979 onward, FEMA funded emer- federal, state, and local emergency public safety, gency responders in various disasters and emergen- law enforcement, emergency response, emergency cies that included earthquakes, hurricanes, the Cuban medical (including hospital emergency facilities) and refugee crisis, water contamination, and the Three related personnel, agencies, and authorities.”18 Mile Island nuclear power plant accident. Follow- Congress subsequently amended this definition ing the bombings of the World Trade Center in 1993 twice in 2006, first inserting “fire” after “safety”19 and the Alfred P. Murrah building in Oklahoma in and then inserting “governmental and nongovern- 1996, and most especially after the terrorist attacks mental” after “local.”20 Neither of these amendments of September 11, 2001, however, FEMA’s fund- has any legislative history that is illuminating for ing for “first responders” began to include not only the purposes of this digest.21 However, it could be disasters, but also the threat of terrorism.11 argued that both these amendments gave Congress According to FEMA’s website, the Robert T. an opportunity to focus on this definition and con- Stafford Disaster Relief and Emergency Assistance sider whether the term “first responders” was more Response Act (Stafford Act)12, amending the 1974 appropriate for purposes of the law. The term “emer- Disaster Relief Act13, “constitutes the statutory gency response providers” remains the term used in the law, including in subsequent legislation.

8 FEMA History at: http://federal/fema/gov/about/history.shtm (Last visited June 15, 2013). See, 42 U.S.C. 5121-5207 (2013). 14 http://federal.fema.gov/robert-t-stafford-disaster-relief-and- 9 Pub. L. No. 93-288, 88 Stat. 143 (1988). emergency-assistance-act-public-law-93-288-amended (Last 10 http://federal.fema.gov/about/history.shtm (Last visited on visited June 15, 2013) June 15, 2013). 15 Pub. L. No. 107-296, 116 Stat. 2135 (2002). 11 Id. See also, CRS Report R40246, “Department of Homeland 16 Section 104 of H. Rep. 107-609(pt. I) (2002). Security Assistance to States and Localities: A Summary of the 17 Id. Issues for the 111th Congress” by Shawn Reese (Dec. 1, 2009) 18 Pub. L. No. 107-296, 116 Stat. 2135 (2002). at p. 1. This report gives a summary of DHS security assistance 19 Pub. L. No. 109-295, § 612(d), 120 Stat. 1355, 1410 (2006). to state and local governments. 20 Pub. L. No. 109-347, § 613, 120 Stat. 1884, 1943 (2006). 12 Pub. L. No. 100-707, 102 Stat. 4691 (1988). 21 See, Pub. L. No. 109-295, §612, 120 Stat. 1355, 1410 (2006), 13 Pub. L. No. 93-288, 88 Stat. 143 (1974). entitled “Technical and Conforming Amendment.”

More recently, Congress enacted the “Implement- public entity as being the eligible party. For example, ing Recommendations of the 9/11 Commission Act the regulations that apply to the Fire Management of 2007” (hereinafter “the 9/11 Commission Act”).22 Assistance Grant Program define “Applicant” as a In a 2009 Congressional Research Service report, “local or Indian tribal government submitting an this legislation was described as the “most recent application to the Grantee.”29 As another example, the legislative action affecting DHS grants [other than rules for application and administration of the Hazard appropriations only bills].”23 Title III of the 9/11 Mitigation Grant Program include a Definitions pro- Commission Act is entitled “Ensuring Communi- vision which states, “Applicant means a State agency, cations Interoperability for First Responders”24 and local government, or eligible private nonprofit orga- amends 6 U.S.C. 571 et seq. to establish a program to nization, submitting an application to the grantee.”30 provide grants to states for interoperable emergency communications systems. Nowhere, other than the Emergency Communications Grants title, does the law refer to “first responders.” As in from the National Telecommunications the Homeland Security Act of 2002, the term used and Information Administration is “emergency response providers,” for example, in the “Program requirements” section is the following: In recognition of the need for better access to com- “The Director shall . . . help ensure that emergency munications capability for public safety agencies in response providers can communicate with each other emergency situations, Congress included that as one in the event of natural disasters, acts of terrorism, of the purposes of its creation of the Broadband Tech- and other man-made disasters.”25 Further, Title III nology Opportunities Program (BTOP) in 2009 under of the 9/11 Commission Act requires that activities provisions of the American Recovery and Reinvest- funded by the grant comply with 6 U.S.C 194(f), and ment Act.31 This grant program, which was established amends 194(f) to read (in relevant part): “Any appli- by the Assistant Secretary of Commerce for Com- cant requesting funding assistance from the Secretary munications and Information in consultation with the for interoperable communications for emergency FCC, is administered by the National Telecommuni- response providers shall submit” a plan for approval cations and Information Administration (NTIA).32 (emphasis added).26 Therefore, although this title Eligibility for the grant funds is spelled out in the law, of the Act refers to “first responders” in its title, the now codified at 47 U.S.C. 1305(e). To be eligible, an law itself makes clear that the funds are to be made applicant “shall . . . be a State or political subdivision available for “emergency response providers.” thereof, the District of Columbia, a territory or posses- The “Definitions” section of 6 U.S.C. 194 con- sion of the Unites States, an Indian tribe . . . or native tains a provision that reads: “The term ‘emergency Hawaiian organization” or a nonprofit entity, or “any response providers’ has the meaning that term has other entity . . . that the Assistant Secretary finds by under Sec. 2 of the Homeland Security Act of 2002 rule to be in the public interest.”33 Although regula- (6 U.S.C. 101).”27 tions were not issued by NTIA, its Notice of Funding In regulations promulgated to administer the grant announcing the grants extended eligibility to for-profit programs under FEMA and DHS, no reference to the entities.34 The term “first responder” does not appear term “first responder” is found.28 The regulations in the definition of eligible entities. frequently refer to an agency or other public or non- In 2012, the Middle Class Tax Relief and Job Creation Act was enacted (“the Act”).35 Title VI of the Act establishes a State and Local Implemen- 22 Pub. L. No. 110-53, 121 Stat. 266 (2007). tation Grant Program for the purpose of making 23 See also, CRS Report R40246, “Department of Homeland Security Assistance to States and Localities: A Summary of the Issues for the 111th Congress” by Shawn Reese (Dec. 1, 2009) 29 44 CFR 204.3 at p. 3. 30 44 CFR 206.431. 24 Pub. L. No. 110-53, § 301, 121 Stat. 266, 296 (2007). 31 Pub. L. No. 111-5, § 6001(b)(4), 123 Stat. 115, 124 (2009). 25 6 U.S.C. 580(c) (2) (2013). 32 74 Fed. Reg. 33104 (July 9, 2009). 26 6 U.S.C. 194(f), (2013), as amended by Pub. L. No. 110-53, 33 47 U.S.C. 1305(e) (2013). § 301(c), 121 Stat. 299, (2007). 34 See 74 Fed. Reg. 33104 (July 9, 2009) and 75 Fed. Reg. 3792, 27 6 U.S.C. 194(g)(2) (refers to “emergency response providers”). 3799 (Jan. 22, 2010). 28 See, generally, Title 44, Code of Federal Regulations. 35 Pub. L. No. 112-96, 126 Stat. 156 (2012).

grants “to States to assist State, regional, tribal and create a public authority to apply for the grant funds local jurisdictions to identify, plan, and implement and that authority would be an eligible entity. the most efficient and effective way for such juris- The term “first responder” is not included in dictions” to use and become part of the “nationwide the “Definitions” section of the Act. The term that public safety broadband network”36 that is also to is defined instead is “Public Safety Entity,” which be established under the Act.37 Each state must “means an entity that provides public safety ser- designate a single officer or governmental body to vices.”41 “Public Safety Services” is defined as having serve as the coordinator of implementation of the “the meaning given the term in section 337(f) of the grant funds.38 According to NTIA’s Announce- Communications Act of 1934 (47 U.S.C. 337(f)); and ment of Federal Funding Opportunity, the eligible includes services provided by emergency response applicants for grant funds are the “56 States and providers, as that term is defined in section 2 of the territories,” citing 47 U.S.C. 1442(a).39 The “Defi- Homeland Security Act of 2002 (6 U.S.C. 101).”42 nitions” section of the Act, Section 6001, provides Section 337(f) of the Communications Act pro- that the term “state” has the meaning given the term vides that in 47 U.S.C. 153, which provides “The term ‘State’ includes the District of Columbia and the territories “[P]ublic safety services” are those services and possessions.” “(A) the sole purpose of which is to protect the Another grant program re-established under the safety of life, health, or property; (B) that are provided – (i) by State or local government en- Act is the 911 grants program originally established tities; or (ii) by nongovernmental organizations under Section 158 of the National Telecommunica- that are authorized by a governmental entity tions and Information Administration Organization whose primary mission is the provision of such Act, which expired in October 2009.40 Under Sec- services, and (C) that are not made commer- tion 6503(d) of the Act, an “eligible entity” for these cially available to the public by the provider.”43 grants is “a State or local government or a tribal organization . . . ” and the term “includes public authori- Although “first responder” is not defined in the ties, boards, commissions, and similar bodies created Act, there is provision for the establishment of a by one or more eligible entities.” In other words, “First Responder Network Authority” and that term states, local governments, or tribal organizations may is defined, as “the First Responder Network Author- ity established under section 6204 [of the Act].”44 Section 6204 provides that the First Responder 36 Pub. L. No. 112-96, § 6302(a), 126 Stat. 219 (2012), 47 U.S.C. Network Authority or “FirstNet” is authorized as an 1442(a) (2013). independent authority within the NTIA and that its 37 Pub. L. No. 112-96, § 6206, 126 Stat. 156, 211 (2012). NTIA Board shall include the Secretary of Homeland Secu- and the FCC determined that some BTOP grants would have rity, the United States Attorney General, the Direc- funding suspended because of the provision for establishment tor of Office of Management and Budget (OMB), and of the nationwide broadband network under the Act. The con- 12 other individuals appointed by the Secretary cern expressed in documents was to “ensure that the investments would be compatible with the nationwide network.” Those of Commerce, to include geographic diversity grantees are negotiating with First Net as to reinstatement of the and some representation of States, localities, tribes, funding. See, “Broadband Technology Opportunities Program and territories and further provides for their qualifi- (BTOP) Quarterly Program Status Report” dated March 2013, cations. The section also provides for terms of their submitted to Congress by NTIA, http://www.ntia.doc.gov/files/ appointment and how often they shall meet.45 There ntia/publications/ntia_btop_16th_quarterly_report.pdf. See also, is nothing in this section about eligibility for grants; “Implementing Provisions of Tax Relief and Job Creation Act of 2012,” FCC 12-85, http://transition.fcc.gov/Daily_Releases/ Daily_Business/2012/db0731/FCC-12-85A1.pdf. 41 Pub. L. No. 112-96, §§ 6001(26), (27)(B), 126 Stat. 156, 204 38 Pub. L. No. 112-96, § 6302(d), 126 Stat. 156, 219 (2012). (2012) (codified at 47 U.S.C. 1401 (26) (2013)). 39 Federal Funding Opportunity No. 2013-NTIA-SLIGP-01, 42 Pub. L. No. 112-96, § 6001(27), 126 Stat. 156, 204 (2012) Paragraph IV.A, “Eligible Applicants”, http://www.ntia.doc. (codified at 47 U.S.C. 1401 (27)(B) (2013)). gov/files/ntia/publications/sligp_ffo_02062013.pdf. See also, 43 47 U.S.C. 337(f) (2013). 78 Fed. Reg. 9889 (Feb. 12, 2013). 44 Pub. L. No. 112-96, § 6001(15), 126 Stat. 156, 203 (2012). 40 Pub. L. No. 102-538, 106 Stat. 3533 (1992), as amended, 45 Pub. L. No. 112-96, § 6204, 126 Stat. 156, 208-212 (2012) codified at 47 U.S.C. 942(e)(B)(A) (2013). (codified at 47 U.S.C. 1424 (2013).

therefore, the definition of the First Responders Net- assistance and support to “first responders.” Part of work Authority cannot be said to relate to whether that assistance and support is providing informa- “first responders” are eligible for grants under the tion about grants that might be available for com- Act. An examination of the language of the Act munications systems. However, an examination of and of the notices and Federal Funding Opportu- the website makes it clear that grants available to nity issued by NTIA shows that eligible entities are “first responders” for communications programs are defined in other terms. administered by DHS, not PSHS, and not the FCC.49 These grants are those covered by the provisions of 6 U.S.C. 194 and, therefore, are intended for “emer- “FIRST RESPONDER” AS A TERM gency response providers” under that provision. OF POPULAR USE In testimony before Congress, and in speech on Although no definition of “first responder” was the floor of Congress, “first responders” has been used found in looking at the laws and regulations that gov- to refer generally to emergency service providers. ern federal grant programs, in describing its pro- An example is a General Accounting Office (GAO) grams and activities on its website, FEMA does report of the testimony on emergency preparedness use the term “first responders.” FEMA describes its by the Director of Homeland Security and Justice agency mission as “to support our citizens and first Issues before the Subcommittee on Economic Devel- responders to . . . build, sustain, and improve our opment, Public Building and Emergency Manage- capability to prepare for, protect against, respond ment in 2004.50 The GAO consistently has used the to, recover from, and mitigate all hazards.”46 No term “first responders” to refer to the emergency description or definition of the term is given, how- response providers eligible for grant funding by ever. In another example of this “popular” use, press DHS and FEMA.51 Members of Congress have also releases put out by FEMA and DHS about agency used the term. In a statement in support of HR 3978, activities use the term to refer to members of local a Congressional Bill that would allow the Center for and state police and fire departments and emergency Domestic Preparedness to accept gifts, Congress- medical personnel. In a June 23, 2003, press release, man Henry Cuellar of Texas said that the Center “Kentucky First Responders Honored by FEMA, and DHS have “facilitated training for thousands of Commonwealth” this statement appears: “The hon- first responders from all 50 states and the District of ors were part of a nationwide effort to recognize Columbia.”52 Likewise, speaking in support of the first responders by the U.S. Department of Home- DHS Appropriations Act of 2007, Senator Dodd of land Security. First responders are those involved Connecticut and Senator Levin of Michigan noted in life safety emergencies and rescues, such as fire the funding for “our first responders.”53 and police departments, and water rescue teams.”47 The Public Safety and Homeland Security Bureau (PSHS) of the FCC also uses the term “first respond- 49 See, for example, http://federal.fcc.gov/pshs/services/priority- 48 ers” on its website. The website describes the role services/tsp.html (Last visited June 16, 2013). of PSHS, as viewed by the agency, as providing 50 U.S. General Accounting Office, Emergency Preparedness: Federal Funds for First Responders, GAO-04-788T (Wash- ington DC, May 13, 2004), http://federal.gpo.gov/fdsys/pkg/ 46 http://federal.fema.gov/about/index.shtm (Last visited June GAOREPORTS-GAO-04-788T/pdf/GAOREPORTS-GAO- 15, 2013). 04-788T.pdf (Last visited June 16, 2013). 47 See, also, “First Responders Provide Immediate and Criti- 51 See, for example, U.S. General Accounting Office, Home- cal Assistance,” a press release dated June 25, 2003, referring land Security: Reforming Federal Grants to Better Meet Out- to “local police and fire departments, emergency medical pro- standing Needs, GAO-03-1146T, p. 3 (September 3, 2003), fessionals, county and state emergency management person- reporting that “The federal grant system for first responders nel and volunteer agencies” rushing to the scene of a natural is highly fragmented,” http://federal.gao.gov/assets/120/110270. disaster as “first responders.” Both these press releases may pdf. See also, U.S. General Accounting Office, Federal As- be found at http://federal.fema.gov/news-release/2003/06/25/ sistance: Grant System Continues to be Highly Fragmented, first-responders-provide-immediate-and-critical-assistance GAO-03-718T (April 29, 2003), http://federal.gao.gov/assets/ (Last visited June 16, 2013). 110/109870.pdf reporting to the same effect. 48 http://federal.fcc.gov/pshs/first-responders.html (Last visited 52 155 Cong. Rec. H 14890 (Dec. 15, 2009). June 16, 2013). 53 152 Cong. Rec. S 10618 (Sept. 29, 2006).

In another instance of federal documents, other in its contents, and that term is not included in the than regulations and law, that use the term “first “Definitions” section.58 It is clear, then, that the responder” to refer to fire and emergency response definition of eligible personnel or entities for emer- personnel, the curriculum of a course for emergency gency and disaster grants would not be affected by medical technicians funded by the NHTSA, in the these presidential documents. preface to the description of its program, states that the “term First Responder has been applied to STATE SCHEMES the first individual who arrives at the scene regard- less of the individual’s type of credential.”54 This The states have differing categories for emer- expansive description is not a formal definition gency response providers or first responders. Each with legal significance, but is another example of of the states may classify its first responders accord- the popular use of the term to refer to emergency ing to, for example, training courses and require- response providers, in this case, emergency medical ments.59 The definitions that states use can vary technicians. and be more restrictive or more inclusive than the In 2003, President Bush issued a Homeland Secu- definition of “emergency response providers” that rity Directive on the subject of national prepared- appears in 6 U.S.C. 101, or the definition of “public ness, HSPD-8.55 The purpose of this Presidential safety entity” that appears in Public Law 112-96. Directive was to establish “policies to strengthen the The conclusion was reached, however, based on an preparedness” of the country to prevent and respond examination of the federal laws and regulations, as to terrorist attacks, major disasters and other emer- well as the federal grants programs, that funding is gencies. In the “Definitions” section of the directive, not dependent on the individual state’s use or defi- it is stated that “The term ‘first responder’ refers to nition of the term “first responder.” Rather, fund- those individuals who in the early stages of an inci- ing is dependent on whether the grant applicant is dent are responsible for the protection and preserva- an “emergency response provider” as defined in tion of life, property, evidence, and the environment, 6 U.S.C. 101 or is otherwise an eligible grantee for including emergency response providers as defined DHS or FEMA grants, such as a state administrative in section 2 of the Homeland Security Act of 2002 agency, or whether the entity is eligible under pro- (6 U.S.C. 101), as well as emergency management, visions of Public Law 112-96. The state definitions public health, clinical care, public works, and other of “first responder” vary, but are not used for grant skilled support personnel (such as equipment opera- purposes. Appendix A shows the state definitions tors) that provide immediate support services during and the purposes for which they were enacted. prevention, response, and recovery operations.”56 This description expands on the definition of “emer- FEDERAL GRANTS PROGRAMS gency response providers” included in 6 U.S.C 101, and a Presidential Directive would have legal effect, Grants and assistance programs from the Depart- although whether this one would affect the administra- ment of Homeland Security (DHS) provide the bulk tion of grant funding is not clear. This directive, how- of federal funding for those popularly called “first ever, was rescinded and replaced, on March 30, 2011, responders.”60 In fiscal year 2003, DHS administered by Presidential Policy Directive 8 on National Pre- 8 assistance programs, but the total had expanded paredness (PPD-8).57 Presidential Policy Directive 8 does not use the term “first responders” anywhere 58 Id. 59 See, EMS Training Levels in Alaska, Division of Public 54 “First Responder: National Standard Curriculum” at Preface Health Emergency Programs (Classifying the EMS train- p. x, http://federal.nhtsa.gov/people/injury/ems/pub/frnsc.pdf ing levels in Alaska as ETT, EMT-I, EMT-II, EMT-III, (Last visited June 16, 2013). MICP). http://dhss.alaska.gov/dph/Emergency/Pages/ems/ 55 HSPD-8, (Issued by the Office of the Press Secretary, The training/default.aspx. Alaska does not use the term “first White House, December 17, 2003) available at http://federal.fas. responder.” org/irp/offdocs/nspd/hspd-8.html (Last visited June 16, 2013). 60 U.S. General Accounting Office, Federal Funds for First Re- 56 Id. sponders, GAO 04-788-T (May 13, 2004), http://federal.gpo. 57 PPD-8, http://federal.dhs.gov/xabout/laws/gc_1215444247124. gov/fdsys/pkg/GAOREPORTS-GAO-04-788T/pdf/GAORE shtm (Last visited July 18, 2012). PORTS-GAO-04-788T.pdf (Last visited June 16, 2013).

to 15 by FY 2010.61 There was a consolidation of The objective of the program is to provide financial some grant programs in 2012.62 DHS and FEMA assistance to fire departments and nonaffiliated EMS characterize these grants as “preparedness” or “non- organizations to enhance their capabilities. This pro- disaster” grants to distinguish them from the help avail- gram seeks to support organizations that otherwise able to individuals, households, and some businesses, would lack the funding and resources to properly which are characterized as “disaster” assistance.63 support and protect the public.68

Available in Fiscal Year 2013 Guidelines According to the DHS website, the following •• The two organizations eligible for this grant are grants that would be available to at least one type firefighters and nonaffiliated EMS organiza- of “first responder” are available from DHS in fiscal tions within the United States or its territories.69 year 2013.64 That is, each of these grants is available •• The ultimate beneficiaries of this grant are the to at least one type of “first responder” as that term communities served by the fire departments.70 is popularly or colloquially used, i.e., firefighter, law •• A fire department is defined as an agency that enforcement personnel, emergency medical tech- has a formally recognized arrangement or nician, and those other individuals, organizations agreement with the state or territory to pro- and agencies enumerated in 6 U.S.C. 101(6). The vide fire assistance to a population on a first- information provided below comes mostly from an due basis.71 examination of FEMA’s grants-related websites, •• A nonaffiliated EMS organization is defined as indicated. The statutory authority for grants is also as a public or private nonprofit organiza- provided, where possible; in some cases, public law tion that provides direct emergency medi- is provided when there is no authorization language cal services on a first-due basis to a specific but appropriations language is available. As to a defi- geographic region, but is not affiliated with a nition of “first responder,” who or what qualifies as a hospital and does not serve a geographic area “first responder” is not defined in the grant require- where emergency medical services are ade- ment or the grant application of any of these grants, quately provided by a fire department.72 although the group, agency or entity that is eligible •• This grant is awarded for a period of 12 months. may be provided at the website. A progress report is required to be submitted semi-annually by departments receiving the 73 Assistance to Firefighters Grant Program grant. •• A federal audit is required to be performed by The Assistance to Firefighters Grant program65 organizations receiving grants of more than provides assistance to local fire departments in order $500,000.74 to protect citizens as well as firefighters against fire and fire-related incidents.66 Eligible applicants are fire Application departments and nonaffiliated EMS organizations.67 The grant application focuses on general infor- 61 CRS Report R40246, “Department of Homeland Security mation about the organization, the community, and Assistance to States and Localities: A Summary of the Issues specific questions about the proposed project the for the 111th Congress” by Shawn Reese (Dec. 1, 2009). funding would be going towards.75 The application 62 See, http://federal.fema.gov/preparedness-non-disaster-grants for a list of grants available in FY 2013 (Last visited June 16, 2013). 68 http://federal.federalgrantswire.com/assistance-to-firefighters- 63 http://federal.fema.gov/grants (Last visited June 16, 2013). grant.html (Last visited June 16, 2013). 64 http://federal.fema.gov/preparedness-non-disaster-grants 69 Id. (Last visited June 16, 2013). 70 Id. 65 This grant program is authorized under the Federal Fire Pre- 71 Id. vention and Control Act of 1974, 15 U.S.C. 2201 et seq. (2013). 72 Id. 66 Grants and Assistance Programs for Emergency Personnel, 73 Id. http://federal.fema.gov/grants (Last visited June 16, 2013). 74 Id. 67 44 C.F.R. Part 150. 75 Id.

additionally asks for information on the current at the state and local levels for the prevention of ter- status of the equipment, facilities, and other funding rorism and to respond to other catastrophic events.85 being received by the grantee.76 The grant funding •• The SAA is the only entity eligible to apply priorities differ with each application and FEMA has to FEMA for this grant. The awarding of the discretion on which departments receive the grant funds is at FEMA’s discretion, but the award dollars and how much money to award. The funding, 77 is based on minimum amounts as legisla- however, is generally awarded on need. tively mandated, DHS risk methodology, and effectiveness.86 Homeland Security Grant Program Operation Stonegarden—The goal of the Oper- According to the DHS website showing those ation Stonegarden (OPSG) program87 is to enhance grant programs available in Fiscal Year 2013, the cooperation and coordination among federal, state, Homeland Security Grant Program (HSGP)78 “is local, territorial, and tribal law enforcement agencies comprised of three interconnected grant programs.”79 in a joint mission to secure and protect the borders These three programs are the Urban Area Secu- of the U.S.88 rity Initiative (UASI), the State Homeland Security •• The SAA is the only entity eligible to apply to Grant Program (SHSG), and Operation Stonegarden FEMA for OPSG funds. Local units of gov- (OPSG). The goal of the overall HSGP is to strengthen 80 ernment at the county level and federally rec- the nation against attacks associated with terrorism. ognized tribal governments may apply through Urban Area Security Initiative (UASI)81—This their SAA.89 grant provides support to areas in order to enhance •• The funds are awarded competitively based regional preparedness in major metropolitan areas. on risk analysis and anticipated feasibility of The funds granted can be used for equipment, train- the proposed investments by the applicant.90 ing, exercises, and planning.82 •• FEMA reviews applications from local agen- •• This grant helps address the unique needs of cies, confers with Customs and Border Patrol, high-threat, high-density urban areas. The and then determines how to allocate the cities and entities eligible are preselected, funding.91 based on the 100 most populated areas. The State Administrative Agency (SAA) is the only Staffing for Adequate Fire and entity eligible to apply to FEMA for UASI Emergency Response (SAFER) Grants funds. DHS must review a submitted plan for the use of the funds, and the state is responsible The SAFER92 grant program provides funding for the administration of funds.83 to increase the number of “frontline” firefighters 93 84 available in a community. The goal is to assist fire State Homeland Security Grant Program — departments to improve their ability to respond to This program provides funding to build capabilities emergencies.94

76 Id. 85 CRS Report R40246, “Department of Homeland Security As- 77 Id. sistance to States and Localities: A Summary of the Issues for 78 Implementing Recommendations of 9/11 Commission Act of the 111th Congress” by Shawn Reese (Dec. 1, 2009). 2007, Pub. L. No. 110-53, 121 Stat. 266. Consolidated Security, 86 Id. Disaster Assistance, and Continuing Appropriations Act of 2009, 87 Pub. L. No. 110-329, 122 Stat. 3574, 3671. Pub. L. No. 110-329, 122 Stat. 3574. 88 http://federal.fema.gov/fy-2012-homeland-security-grant- 79 http://federal.fema.gov/fy-2012-homeland-security-grant- program. (Last visited June 16, 2013). program. (Last visited June 16, 2013). 89 Id. 80 Id. 90 Id. 81 6 U.S.C. 604 (2013). 91 Id. 82 http://federal.fema.gov/fy-2012-homeland-security-grant- 92 15 U.S.C. § 2229(a) and 15 U.S.C. § 2201 et seq. (2013). program. (Last visited June 16, 2013). 93 http://federal.fema.gov/staffing-adequate-fire-emergency- 83 Id. response-grants (Last visited July 31, 2012). 84 6 U.S.C. 605 (2013). 94 Id.

Guidelines Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 762). All 50 States, the •• Local fire departments, including volunteers, District of Columbia, and Puerto Rico will are eligible to apply for the SAFER grants, as well as city or county governments and tribal receive a base amount of 0.75 percent of the organizations.95 total available grant funding. Four territories •• The grant program is designed to fund recruit- (American Samoa, Guam, Northern Mariana ment and hiring of firefighters, to improve fire- Islands, and the U.S. Virgin Islands) will fighter safety by meeting minimum staffing.96 receive a base amount of 0.25 percent of the total available grant funding.103 •• If there is any remaining money available for Emergency Management this grant once the money has been allocated, Performance Grants the remaining money will be awarded on pop- The Emergency Management Performance ulation share basis.104 Funds are also available Grants (EMPG) program97 assists state and local gov- for the Federated States of Micronesia and for ernments to enhance and sustain their all-hazard emer- the Republic of the Marshall Islands. gency management capabilities.98 The objective is to develop an all-inclusive program complete with plan- Application ning, training, and exercises to respond to any appar- ent or actual disaster or emergency. The goal is to To receive funds, a state must submit a narrative support local and state emergency management, while with the following information: 99 having the states work together on a national level. •• Overview of the state’s risk profile (natural, technological, manmade). Guidelines •• Areas of need identified through an assessment process. • • Applicants for this grant must be a state or •• Baseline inventory of where the state now is territory of the United States as defined in the 100 relative to the goals and objectives identified Homeland Security Act of 2002. in relevant strategic plans. • Only two agencies, the State Administra- • •• Description of the state emergency manage- tive Agency or the Emergency Management ment priorities and planning focus for the cur- Agency, may apply directly for the grant.101 rent year. •• Only one application per state or territory may be submitted.102 A budget and budget narrative must also be •• The FY 2013 EMPG Program funds will be submitted. allocated in compliance with Section 662 of the Port Security Grant Program

105 95 The Port Security Grant program provides Id. funding for transportation infrastructure security 96 Id. 97 National Flood Insurance Act of 1968, as amended, 42 U.S.C. activities and is intended to implement transportation 4001 et seq. (2013), Robert T. Stafford Disaster Relief and security plans among port authorities, facility opera- Emergency Assistance Act, Pub. L. No. 100-707, 102 Stat. 4691 tors, and state and local government agencies.106 The (1988) (codified at 42 U.S.C. 5121 et seq. (2013), Earthquake funding is to be used to prevent, detect, respond to, Hazards Reduction Act of 1977, as amended, 42 U.S.C. 7701 and recover from attacks involving improvised explo- et. seq. (2013). 98 http://www.fema.gov/fy-2013-emergency-management- performance-grants-empg-program-0 (Last visited June 16, 2013). 103 Id. 99 Id. 104 Id. 100 Id. 105 46 U.S.C. 70107 (2013). 101 Id. 106 http://www.fema.gov/fy-2013-port-security-grant-program- 102 Id. psgp-0 (Last visited June 16, 2013).

sive devices and other non-conventional weapons.107 under the Port Security Grant program; the The awards are made competitively.108 two programs are mutually exclusive for ferry systems.117 Guidelines Application •• The port areas have been designated as Group I (highest risk) and Group II (all other •• A transit agency’s eligibility will be determined port areas).109 based on daily ridership and those that serve •• All port areas are assigned to groups based on historically eligible Urban Areas Security Ini- a FEMA risk analysis.110 tiative jurisdictions.118 •• Port areas not identified in Group I are eligible to apply as Group II. Port areas that were pre- Urban Areas Security Initiative viously Groups III and Group IV port areas Nonprofit Security Grants Program have been re-grouped as Group II.111 The purpose of the Urban Areas Security Ini- tiative Nonprofit Security Grant program119 is Application to provide support to nonprofit organizations at a Being a port area is the only requirement in order high risk of a terrorist attack in urban areas due to to apply for a grant. their ideology, beliefs, or mission.120 The funding is intended to support physical security enhancements and activities.121 Transit Security Grant Program The Transit Security Grant program112 provides Guidelines funds to owners and operators of transit systems. This includes intracity bus, commuter bus, ferries, and all •• Eligible nonprofit organizations are located forms of passenger rail.113 The funding is intended to in one of the specific FY 2013 UASI-eligible protect critical surface transportation infrastructure urban areas.122 and passengers from acts of terrorism and to increase •• The nonprofits must have 501(c)(3) status the “resilience” of transit infrastructure.114 under the Internal Revenue Code123. •• Funds will be awarded based on risk analysis, effectiveness, and integration with broader state Guidelines and local preparedness efforts.124 •• DHS has identified “critical infrastructure assets” as those vital to the functionality and Application continuity of a major transit system.115 •• The funds are awarded on a competitive basis.116 The State Administrative Agency is the only eli- •• Ferry systems may receive funds under this gible applicant. The agency applies on behalf of an program, but are then ineligible to receive funds eligible nonprofit.125

107 Id. 117 Id. 108 Id. 118 Id. 109 Id. There are eight port areas in Group I. 119 Pub. L. No. 111-83, 123 Stat. 2142 (2009). 110 Id. 120 http://federal.fema.gov/fy-2013-urban-areas-security- 111 Id. initiative-uasi-nonprofit-security-grant-program-nsgp-0 (Last 112 6 U.S.C. 1135, 1163. visited June 17, 2013). 113 http://federal.fema.gov/fy-2013-port-security-grant- 121 Id. program-psgp-0 (Last visited on June 17, 2013). 122 Id. 114 Id. 123 Id. 115 Id. 124 Id. 116 Id. 125 Id.

State Fire Training Systems Grants CONCLUSION The State Fire Training Systems Grants126 pro- Although preliminary evidence had suggested gram, although not listed on the DHS website as that grant funding to public safety personnel or enti- available in Fiscal Year 2013, may be awarded ties or so-called “first responders” might be affected to grantees that fit the definition of “emergency by how that term was defined in federal grants law, response provider” in 6 U.S.C. 101(6). The program and in the laws and regulations of the states, that provides National Fire Academy training courses and has not proved to be the case. An examination of programs to State Fire Training Systems.127 The grant the federal law related to grants awarded to state funds are to be used for training courses/programs and local government and nongovernmental entities related to fire training, marketing, administrative has demonstrated that the term “first responder,” costs, and electronic feedback.128 The funding must although used colloquially or popularly to refer to be used in the designated State and can only be used firefighters, law enforcement officers, emergency for the purpose set forth in the application.129 medical personnel, and other personnel who would respond in case of an emergency or disaster, is not Guidelines a term of eligibility in the federal law or regulations that authorize the grants. •• Each state is eligible for this grant, and DHS, The research has shown that the term used for fed- FEMA, and US Fire Administration (USFA) 130 eral grants law, for those grants awarded and adminis- will review each application. tered by the Department of Homeland Security and the •• The funding opportunity is restricted to the 131 Federal Emergency Management Agency, is “emer- 50 State Fire Training Systems. gency response provider.” This term is used consis- •• In general the fire training is intended for local tently in the laws enacted by Congress, from 2002 to 132 firefighters. the present. The term is defined in 6 U.S.C. 101(6) •• The funding is at the discretion of DHS, to mean “Federal, State, and local governmental and FEMA, USFA, and the National Fire Acad- nongovernmental emergency public safety, fire, law emy, based on each State’s application enforcement, emergency response, emergency medi- 133 materials. cal (including hospital emergency facilities), and related personnel, agencies, and authorities.” As to Application grants administered by the National Telecommuni- Applicants are required to submit a work plan cations and Information Administration within the with the project description and a proposed budget. Department of Commerce under the recently enacted There are sample budgets and worksheets set out in Middle Class Tax Relief and Job Creation Act, the the Guidance and Application Kit.134 term “first responder” is not defined in the Act and is not an eligible applicant. Rather, for the State and Local Implementation Grant program, the state is the applicant, and for the 911 grant programs, the “eligible entity” is a state or local government or a tribal organization, or a public authority created by one or more such governments or organization. The further question was raised, as to whether 126 Federal Fire Prevention and Control Act of 1974 (codified at a “federal definition” of the term “first responder” 15 U.S.C. 2201 et seq.). was needed, again based on the idea that this term 127 http://federal.fema.gov/library/viewRecord.do?id=4475 was used in federal grants law and was defined in (Last visited June 17, 2013). 128 different ways by different federal agencies. The Id. answer to this question is that no federal definition 129 Id. 130 Id. is needed, because the term “first responder” is not 131 Id. used in relevant federal grants law. Given that eligi- 132 Id. bility for grant funds is not related to the definition 133 Id. of “first responder,” that term and its definition are 134 Id. irrelevant to the determination of funding awards.

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. Fla. Stat. § 401.435(1) § Stat. Fla. careinitial render to training receives who individual any trainedindividual an than other person, or injured ill an to not does who but 943.1395(1), s. to pursuant certified and transportingand treating of responsibility primary the have persons. injured or ill 31-11-2 § O.C.G.A. meansresponder” “First (10) whoagency or person any theuntil care on-site provides am - licensed duly a of arrival service. bulance 31-11-53.1 § O.C.G.A. means responder” “First (3) who agency or person any until care on-site provides licensed duly a of arrival the shall This service. ambulance limited be not but include, routinely who persons to, assistance for calls to respond with affiliation an through agencies, enforcement law agencies, suppression fire others. and agencies, rescue § Note 19 Tit. 1, Div. HRS first corps health Hawaii -4. obligation. service responder other or defense civil a “If proclaimed emergency, 128 or 127 chapter under physician physicians, occurs, practi- nurse and assistants, the in participating tioners program corps health Hawaii service into ordered be may first as governor the by areas in serve to responders Florida (continued) Georgia Hawaii

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Copyright National Academy of Sciences. All rights reserved. The Legal Definitions of “First Responder” Terrorism Other Safety of the state and in a capacity a in and state the of of director the by determined health.” 321-222 § H.R.S. personnel” responder “First has who person a means a completed successfully Department States United approved Transportation of of Course Responder First basic emergency in training support. life 50/3.60 ILCS 210 successfully has who person a means Responder” “First (a) Responder. First by prescribed as response first emergency in instruction of course a completed an of arrival the to prior services response first provides who Department, the accordance in vehicle, services medical emergency specialized or ambulance course. response first emergency the in established care of level the with 128/5. ILCS 105 law districts, and departments fire all includes and means responder” “First emer- and responders, medical emergency officials, and agencies enforcement the of documentation and execution the in involved officials management gency Act). Drill Safety School Safety And (Health Act. this under administered drills 50/3.21. ILCS 210 of event the in that finds Assembly General The responders. first Hospital agents, biological of release the involving those especially acts, terrorist hospitals injury, or illness cause to intended agents other or viruses, bacteria, acts. those of victims the treating and diagnosing in responders first as serve 50/3/60 210-ILCS 2013 JANUARY OF AS EFFECTIVE has who age, of years 18 least at is who person a means Responder” “First (a) response medical emergency in instruction of course a completed successfully services response first provides who and Department, the by prescribed as services medical emergency specialized or ambulance an of arrival the to prior emergency the in established care of level the with in accordance vehicle, course. responder medical StateHawaii (continued) Health/Emergency Illinois

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Copyright National Academy of Sciences. All rights reserved. The Legal Definitions of “First Responder” continued on next page ) on next ( continued Persons who have already completed a course of instruction in emergency first emergency in instruction of course a completed already have who Persons States United the of curriculum national the to equivalent or on based response the by recognized previously otherwise as or Transportation, of Department this of date effective the on Responders First considered be shall Department, 1995. of Act amendatory ofyears 16 least at is who person a means Responder” First “Provisional (a-5) age, who has successfully completed a course of instruction in emergency medical responsefirst provides who and Department, the by prescribed as response medicalemergency specialized or ambulance an of arrival the to prior services emergencythe in established care of level the with accordance in vehicle, services suchprovide must Responder First Provisional A course. responder medical FirstProvisional utilizes that plan Response System EMS an of part as services emergencyan of scene the to dispatched personnel EMS other with Responders applicablethe with comply shall and care medical emergency initial provide to ResponderFirst Provisional A System. EMS that of plan program the of sections upon18 of age the at license Responder First a for Department the to apply may approval. written Director’s Medical EMS the §16-31-8 Ann. Code Ind. amendment an discusses term the substituted that with responders” “first and responders” “medical medical “emergency defines §16-31-8, at responders” section, this in As used c) medical “emergency person a means responder” who: 16-31 IC under certified is (1) Indiana the meets who and services medical emergency for standards commission’s responder medical emergency and certification; incident an to responds (2) medical emergency requiring §35-31.5- also, (See services. Responders”) “First 2-136. Illinois (continued) Indiana

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Copyright National Academy of Sciences. All rights reserved. The Legal Definitions of “First Responder” Terrorism Other Safety purposes of this section, “first responder” means state and local law local and state means responder” “first section, this of purposes For

enforcement personnel, fire department personnel, and emergency medical emergency and personnel, department fire personnel, enforcement terrorist attacks, bioterrorism of sites to deployed be will who personnel disasters. other and disasters, natural or catastrophic attacks, 65-6112 § K.S.A. meansresponder” “First (n) firsta holds who person a issuedcertificate responder act. this to pursuant 311A.010 K.R.S. meansresponder” “First (11) this under certified person a or responder first a as chapter instructor. responder first 40:1231 R.S. La. responder” first “Certified (9) whoindividual any means completedsuccessfully has developedcourse training a theby promulgated and ofDepartment States United byadopted and Transportation certifiedis who and bureau the bureau. the by Ind. ALS 77. ALS Ind. 109.8. “Emergency [Sec. for responder”, medical means 16-31, IC of purposes is: who individual an 16-31 IC under certified (1) and Indianathe meets who services medical emergency standardscommission’s for responder medical emergency and certification; individual first the (2) to incident an to respond medical emergency requiring services. (1) §135.146 Code Iowa . Kansas Kentucky Louisiana StateIndiana (continued) Health/Emergency Iowa

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Copyright National Academy of Sciences. All rights reserved. The Legal Definitions of “First Responder” continued on next page ) on next ( continued La. R.S. 23:1017.1 R.S. La. in engaged volunteer a means responder” “First (6) Homeland of Office Governor’s the involving activities R.S. to pursuant Preparedness Emergency and Security R.S. in defined as responders first and seq. et 29:721 personnel, medical to, limited not but including, 40:1231 firemen, volunteer technicians, medical and emergency the of members and officers enforcement law auxiliary Patrol. Air Civil 29:723 R.S. La. organized arriving first the means responders” “First (7) contain, to mission and capability the with responders hand. at emergency the resolve and mitigate, 29:739 R.S. La. Definitions. C. those to refers responder” “first Section, this in used As are incident an of stages early the in who individuals life, of preservation and protection the for responsible including environment, the and evidence, property, of 2 Section in defined as providers response emergency as 101), U.S.C. (6 2002 of Act Security Homeland the clinical health, public management, emergency as well personnel, support skilled other and works, public care, immediate provide that operators equipment as such and response, prevention, during services support Security Homeland with consistent operations recovery 8. Directive Presidential 40:1299.58.2 R.S. La. who person any means responder” first “Certified (4) developed course training a completed successfully has of Department States United the by promulgated and emergency of bureau the by adopted and Transportation and Health of Department the of services medical bureau. the by certified is who and Hospitals 40:1299.64.2 R.S. La. who person any means responder” first “Certified (3) developed course training a completed successfully has of Department States United the by promulgated and emergency of bureau the by adopted and Transportation and Health of Department the of services medical bureau. the by certified is who and Hospitals Louisiana (continued)

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Copyright National Academy of Sciences. All rights reserved. The Legal Definitions of “First Responder” Terrorism Other Safety 2012 La. AIS 165 (2012 amendments to the False the to amendments (2012 165 AIS La. 2012 includes: Statutes) Impersonation as responder first certified any means “Firefighter” (2) medical emergency certified 40:1231, R.S. in defined firefighter any or 40:1231, R.S. in defined as technician any of department fire a by employed regularly state the of district protection fire or parish, municipality, of state the of fireman volunteer any or Louisiana, of Louisiana. §83. M.R.S. 32 SERVICES MEDICAL EMERGENCY BASIC 6. person” services medical emergency “Basic PERSON. emergency basic perform to licensed person a means basic and responders first Licensed treatment. medical emergency basic are technicians medical emergency persons. services medical §18-213.2 Ann. Code Health-General Md. fighter; Fire (i) a: means responder” “First (7) technician; medical Emergency (ii) member; squad Rescue (iii) officer; enforcement Law (iv) or officer; Correctional (v) office. Marshal’s Fire State the of member Sworn (vi) §18-338.3 Ann. Code Health-General Md. who: individual an means responder” “First (4) the of 13-516 § under certified or licensed Is (i) and Article; Education the before individual an to services Provides (ii) hospital. a to admitted is individual §18L 6A, ch. GL ALM shall,words following the section, this in used As (a) thehave otherwise, requires clearly context the unless person a responder,” first “EMS meanings: following in defined as services medical emergency providing 111C. chapter of 1 section fire and police of members responders,” “First in participating police state the of members departments, units reserve emergency of members and patrol highway protection fire or department fire volunteer a of StateLouisiana (continued) Health/Emergency Maine Maryland Massachusetts

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Copyright National Academy of Sciences. All rights reserved. The Legal Definitions of “First Responder” continued on next page ) on next ( continued district trained to administer first aid; provided, however, provided, aid; first administer to trained district officers, police include not shall responders first that work fire and police in engaged persons and fighters fire administrative. or clerical primarily are duties whose §1 111C, ch. GL ALM minimum, at a has, who person a responder,” first “EMS medicalemergency in course a completed successfully 201section to pursuant department the by approved care of chapter caremedical emergency provides who and 111 an EMSwith association in or by employment through service. response first §333.20906 MCLS responder” first “Medical (8) who individual an means educational the met has department a of requirements first medical approved is who and course responder medical provide to licensed support life response first first medical a of part as response service or as a driver of an ambulance that provides services support life basic responder first Medical only. police a include not does or his because solely officer equipped is vehicle police her external automated an with defibrillator. §144E.001 Stat. Minn. responder. First 6. Subd. an means responder” —“First registered is who individual a at perform, to board the by emergency basic minimum, a of arrival the before skills service, ambulance licensed an of member a is and service organized Massachusetts (continued) Michigan Minnesota

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Safety “First responders,” state and local law enforcement personnel, fire personnel, enforcement law local and state responders,” “First department personnel, and emergency medical personnel who will be deployed be will who personnel medical emergency and personnel, department and disasters, natural or catastrophic attacks, terrorist attacks, bioterrorism to emergencies. Mo. R.S. §190.100 emergencyan completed successfully has who person a responder,” “First (20) United the of curriculum national the exceeding or meeting course response first recognized by a local political primary whose subdivision respond to is responsibility emergencies medical to to medicalinitial provide a of arrival the before care service. ambulance licensed §41-23-43(1)(e) Ann. Code Miss. fire personnel, enforcement law local and state means responders” “First (e) management emergency personnel, medical emergency personnel, department bioterrorism to deployed be may who personnel works public and personnel emergencies. and disasters natural or catastrophic attacks, terrorist attacks, §41-59-3 Ann. Code Miss. equipment of amount limited a uses who person a means responder” “First (i) or wounded sick, with intervention and of assessment initial the perform to persons; incapacitated otherwise of amount limited a uses who person a means responder” first “Medical (j) sick, with intervention and of assessment initial the perform to equipment other assist to trained is (i) who persons incapacitated otherwise or wounded EMS personnel by successfullyrefresher in current remaining and completing, Standard National Responder: “First approved an with, accordance in training United the by promulgated and developed as program, training Curriculum” first a as registered nationally is (ii) Transportation; of Department States and Technicians; Medical Emergency of Registry National the by responder Health, of Department State the by responder first medical a as certified is (iii) Services. Medical Emergency of Division §41-59-3 Ann. Code Miss. fire personnel, enforcement law local and state means responders” “First (b) management emergency personnel, medical emergency personnel, department bioterrorism to deployed be may who personnel works public and personnel emergencies. and disasters natural or catastrophic attacks, terrorist attacks, Mo. R.S. §190.091 mean terms following the section, this in used As 1. (5) StateMinnesota (continued) Health/Emergency Mississippi Missouri

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Copyright National Academy of Sciences. All rights reserved. The Legal Definitions of “First Responder” or psychologicalor continued on next page ) on next ( continued logical (Workman’s Compensation Statute) Compensation (Workman’s §48-101.01 Neb. R.R.S. responderfirst section, this of purposes For (3) officer,police a sheriff, deputy a sheriff, a means volun - a Patrol, State Nebraska the of officer an in - paid or a volunteer or firefighter, paid or teer classificationlicensure a under licensed dividual pro - who 38-1217 section of subdivision (1) in lifeof loss prevent to order in care medical vides physio of aggravation or illness or injury. or illness Animals) to (Cruelty §574.050 Ann. Stat. Rev. Nev. has who person a means responder” “First 2. standard national the completed successfully responders. first for course States Department of Transportation and any modifications to such curricula such to modifications any and Transportation of Department States to 190.001 sections to pursuant adopted rules through department the by specified inor by employment through care medical emergency provides who and 190.245 agency. response medical emergency an with association Mo. R.S. §192.800 rule or law by authorized and trained person any responder,” “First (3) may persons Such treatment. or assistance medical emergency render to police responders, first emergency to, limited be not shall but include, and attendants ambulance firefighters, sheriffs, deputy sheriffs, officers, emergency mobile technicians, medical emergency drivers, attendant registered technician-paramedics, medical emergency technicians, medical physicians. or nurses “First Responder” means Responder” “First firefighter officer, police a has who person other or provide to trained been first medical emergency a in services response the by recognized program commissioner. Missouri (continued) Nebraska Nevada JerseyNew §26:2K-39 Stat. N.J.

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Copyright National Academy of Sciences. All rights reserved. The Legal Definitions of “First Responder” Terrorism Other N.C. Gen. Stat. Gen. N.C. §130A-485 “First (3) means responders” law local and State enforcement

Safety Security) (Homeland Ann. Stat. N.M. §12-10D-2 responder” “first B. safety public a means volunteer or employee include duties whose an to rapidly responding including emergency, to: limited not but enforcement law a (1) officer; or firefighter a (2) volunteer certified and firefighter; emergency an (3) services medical provider. “First Responder-D” means Responder-D” “First is who Responder First a commissioner the by certified cardiac perform to defibrillation. Act) Response Emergency §12-12-19 Ann. Stat. N.M. means responder” “first H. enforcement law first the public other or officer radio- a with provider service at arrive to vehicle equipped accident. an of scene the §24-10B-3 Ann. Stat. N.M. ServicesMedical (Emergency medical“emergency L. Act) means responder” first services theby licensed is who person a functionswho and department medicalemergency the within provideto system services aid. emergency initial responder” first “Certified 5. individual an means minimum the meets who established requirements to pursuant regulations by two thousand three section is who and article this of administration for responsible of care saving life initial of persons. injured and sick StateJersey New (continued) Health/Emergency MexicoNew Materials (Hazardous YorkNew §3001 PubHealth CLS NY North Carolina

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Copyright National Academy of Sciences. All rights reserved. The Legal Definitions of “First Responder” continued on next page ) on next ( continued (Environment and Natural Resources – Resources Natural and (Environment §4-1-102 St. Okl. 27A substances) dangerous to person first the means responder” “First 8. the involving incident an of scene the at arrive the has who substance dangerous a of release a as position person’s that of virtue by authority fire officer, peace officer, enforcement law local Patrol Highway Oklahoma or officer protection officer. enforcement law other or Officer or naturalor 63 Okl. St. §682.1 St. Okl. 63 respon- “First 5. ders” means localand state enforcementlaw personnel, fire department personnel and medicalemergency personnel who deployedbe will bioterrorismto terroristattacks, cata attacks, strophic anddisasters emergencies. personnel, fire department personnel, and medicalemergency personnel who deployedbe will bioterrorismto terroristattacks, catas- attacks, naturalor trophic ordisasters, emergencies. ORC Ann. 4765.01 Ann. ORC meansresponder” “First (A) aholds who individual an issuedcertificate valid current, theof 4765.30 section under aas practice to Code Revised responder. first 4765.01 Ann. ORC be shall responder first A (1) emergencyan as known also EMR. or responder medical §1-539.1 St. Okl. 63 means responder” “First 6. performs who individual an services medical emergency with accordance in scene on Emergency Oklahoma the Systems Response rules and Act Development Health of Board State the of thereto. promulgated §1-2503 St. Okl. 63 means responder” “First 13. by certified individual an perform to Department the services medical emergency the with accordance in North Carolina (continued) Dakota North Ohio Oklahoma

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Copyright National Academy of Sciences. All rights reserved. The Legal Definitions of “First Responder” Tex. Gov’t Code §3106.001 Code Gov’t Tex. Honors) and Symbols (State means responder” first medical “Emergency (1) political a state, the of volunteer or employee an services medical emergency an or subdivision, medical on-site urgent provides who provider injured. or sick the to care §504.055 Code Lab. Tex. Compensation) (Workers’ means: responder” “first section, this In (a) political a by employed individual an (1) is: who state this of subdivision of Code 2.12, Article under officer peace a (A) Procedure; Criminal 773, Chapter under licensed person a (B) emergency an as Code, Safety and Health technician, medical emergency attendant, care technician-intermediate, medical emergency or technician-paramedic, medical emergency or paramedic; licensed the by certification to subject firefighter a (C) under Protection Fire on Commission Texas princi - whose Code, Government 419, Chapter and crash aircraft and firefighting are duties pal or rescue; Section under covered individual an (2) services volunteer providing is who 504.012(a) as: state this of subdivision political a to to regard without firefighter, volunteer a (A) certified is firefighter volunteer the whether Terrorism Other Safety

Oklahoma EmergencyOklahoma Systems Response in and Act Development thewith accordance standards and rules Board. the by promulgated safety) public involving communications (Confidential §5951 C.S. Pa. 42 the by certified is who individual responder.”—An “First responder. first a as Health of Department §421.095 Code Gov’t. Tex. or employee safety public a means responder” “First (1) an to rapidly responding include duties whose volunteer includes: term The emergency. responding include duties whose officer peace a (A) emergency; an to rapidly 419.021; Section under personnel protection fire (B) is: who firefighter volunteer a (C) Fire on Commission Texas the by certified (i) andFiremen’s State the by or Protection Fire Marshalls’ or Texas; of Association unitfire-fighting volunteer organized an of member a (ii) and615.003; Section by described as (D) an individual certified as emergency medical services Services. Health State of Department the by personnel §161.0001 Code Gov’t Tex. means: responder” “First (1-a) who personnel private or local, state, federal, any (A) including: disaster, a to respond may personnel; safety public and health public (i) personnel; enforcement law commissioned (ii) volunteer including personnel, protection fire (iii) firefighters; including personnel, services medical emergency (iv) staff; facility emergency hospital Guard; National the of member a (v) or Guard; State Texas the of member a (vi) the in disaster a to responds who worker other any (vii) or employment; of scope worker’s StateOklahoma (continued) Health/Emergency Pennsylvania Texas

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Copyright National Academy of Sciences. All rights reserved. The Legal Definitions of “First Responder” continued on next page ) on next ( continued under Subchapter D, Chapter 419, Government Government 419, Chapter D, Subchapter under or Code; as volunteer, services medical emergency an (B) Safety and Health 773.003, Section by defined Code. §65.2-104 Ann. Code Va. Compensation) (Workers’ responder”“first section, this of purposes For B. inreferenced person any include shall “employee” of definition the 11 of subdivision services,emergency provides who 65.2-101 § in emergencyof states the that period the during effect. in are A subsection in defined Rev. Code Wash. Code Rev. §43.44.130 purposes the For (4) “local section, this of means responders” first emergency fire, police, and staff, medical volunteers. (B) any related personnel that provide support services support provide that personnel related any (B) of phases recovery and response, prevention, the during disaster. a §773.003 Code Safety & Health Tex. or group a means organization” responder “First (16) services medical emergency certified of association licensed a with cooperation in working that, personnel provides provider, services medical emergency but persons injured or ill to care on-scene immediate persons. those transport not does Utah Code Ann. §26-6b-2 Ann. Code Utah means: responder” “First (2) in defined as officer enforcement law a (a) 53-13-103; Section in defined as personnel service medical emergency (b) 26-8a-102; Section and firefighters; (c) theover jurisdiction having personnel health public (d) found. is restriction to subject individual an where location V.S.A.§2651 24 service” responder “First (10) by licensed person a means to health of department the medical emergency provide treatment. §18.73.030 Wash. Code Rev. meansresponder” “First (13) authorizedis who person a renderto secretary the by ascare medical emergency 18.73.081. RCW by defined Texas (continued) Utah Vermont Virginia Washington

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Copyright National Academy of Sciences. All rights reserved. The Legal Definitions of “First Responder” Terrorism Other Safety Rev. Code Wash. Code Rev. §35.103.020 meansresponder” “First (7) assessmentinitial of provision intervention,first-aid basic and pulmonarycardiac including automaticand resuscitation defibrillatorexternal capability. Wash. Code Rev. §35A.92.020 responder” “First (7) initial of provision means basic and assessment intervention, first-aid pulmonary cardiac including automatic and resuscitation defibrillator external capability. §52.33.020 Wash. Code Rev. responder” “First (6) initial of provision means basic and assessment intervention, first-aid pulmonary cardiac including automatic and resuscitation defibrillator external capability. 53.56.020 § Wash. Code Rev. responder” “First (6) initial of provision means basic and assessment intervention, first-aid pulmonary cardiac including automatic and resuscitation defibrillator external capability. StateWashington (continued) Health/Emergency

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Copyright National Academy of Sciences. All rights reserved. The Legal Definitions of “First Responder” continued on next page ) on next ( continued W. Va. Code § 55-7-26 § Code Va. W. Injuries) for (Actions (a)“First responder” law-enforcement includes: medical emergency firefighters, officers, to respond that others and personnel services assistance. medical emergency for calls Wis. Stat. §16.25 Stat. Wis. Program) Award (Service certified individual an means responder” “First (b) (a) (8) 256.15 s. under Wis. Stat. § 256.15 § Stat. Wis. OF CERTIFICATION (8) RESPONDERS. FIRST in provided as Except (a) the 256.18, and 256.17 ss. certify shall department first as applicants qualified responders. for eligible be To (b) first a as certification initial provided as except responder, an 256.18, and 256.17 ss. in of all meet shall individual requirements: following the years 18 is individual The 1. capable and older or age of actions the performing of or (e), par. under authorized under promulgated rules in responder. first a for (e), par. 111.321, ss. to Subject 2. the 111.335, and 111.322 an have not does individual record. conviction or arrest individual The 3. first a completes satisfactorily meets that course responder guidelines the exceeds or National the by issued Safety Traffic Highway CFR 23 under Administration includes that (5), (a) 1205.3 acts to response for training is that and terrorism, of department. by the approved West Virginia West Wisconsin

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Copyright National Academy of Sciences. All rights reserved. The Legal Definitions of “First Responder” Terrorism Other Safety Wis. Stat. §252.01 Stat. Wis. responder” “First (1g) a as who, person a means employment of condition an of member a as or provides that organization care medical emergency hospitalization, before medical emergency provides or disabled sick, a to care before individual injured ambulance, an of arrival the provide not does who but patient. a for transportation §256.01 Stat. Wis. means responder” “First (9) certified is who person a first a as department the by (8) 256.15 s. under responder of condition a as who, and (a) member a as or employment that organization an of medical emergency provides hospitalization, before care medical emergency provides or disabled sick, a to care before individual injured ambulance, an of arrival the provide not does who but patient. a for transportation StateWisconsin (continued) Health/Emergency

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