Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.
NAtioNAl CooperAtive HigHwAy reseArCH progrAm Responsible Senior Program Officer: Stephan A. Parker November 2013 C O N T E N T S Introduction, 1 Research Method, 2 Federal Laws and Regulations, 2 âFirst Responderâ as a Term of Popular Use, 6 State Schemes, 7 Federal Grants Programs, 7 Conclusion, 12 Appendix: Statesâ Use of Term âFirst Responderâ, A-1 THE LEGAL DEFINITIONS OF âFIRST RESPONDERâ This digest presents the results of NCHRP Project 20-59(41), âLegal Definition of âFirst Responderâ.â 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. Research Results Digest 385 INTRODUCTION This digest was prepared to answer the following questions: first, whether there is a definition of the term âfirst responderâ in federal law, and second, if there is a definition in federal law, what is the defi- nitionâs effect on the distribution of federal grant funding. This digest also contains an analysis of grants available from the federal government to aid state and local governmental entities in preparing for and responding to natural or manmade disasters and emergencies (i.e., grants that would be available to those who might be considered âfirst respondersâ). The grant programs are analyzed and described in terms of general information about each grantâs guidelines for applicants and administration. The conclusion reached after exam- ining federal law, regulations, and other federal executive branch documents is that there is no âdefinitionâ of the term âfirst responder.â The term has come to be used popularly or colloquially to refer to law enforcement, fire, and emergency medical personnel, especially after the events of Sep- tember 11, 2001. For example, the research shows that âfirst responderâ has been used in that sense in testimony by members of the federal executive branch before con- gressional committees and also by members of Congress in statements on the floor of Congress and in some congressional bills that were not enacted into law. The term is used by the chief funding agencies for âdisaster-relatedâ grants, the Department of Homeland Security (DHS) and the Federal Emergency Management Agency (FEMA), on their websites in general descriptive language and also appears in the same sense on the website of the Federal Com- munications Commission (FCC). The term is used in a non-legal sense in other execu- tive branch documents (e.g., the curricu- lum for a training course prepared by the National Highway Traffic Safety Adminis- tration [NHTSA]). Because of this popular use, and more importantly, because some states use the term âfirst responderâ in their laws, regula- tions, and executive documents to designate governmental and nongovernmental person- nel who respond to emergencies and disas- ters, the question has arisen as to whether there is a single federal definition, and if so, whether that definition would affect state and local government eligibility for grants. The federal government, through grants to the states, distributes funding for most of these programs. To receive the funds, the states are independently respon- sible for applying for these grants. Under the programs, funding should be awarded if the state qualifies. Given the expressed
2services provided by emergency service providers, as that term is defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).â5 Section 337(f) of the Communications Act of 19346 defines âpublic safety servicesâ to be services âthe sole or princi- pal purpose of which is to protect the safety of life, health, or propertyâ and that are provided by state or local governmental entities or by nongovernmental entities that are authorized by the government. The term âfirst responderâ is not included in the defini- tions section of the Middle Class Tax Relief and Job Creation Act of 2012, nor is it included in section 337 of the Communications Act, as amended.7 RESEARCH METHOD The research on which this digest is based was conducted in stages. Initially, a general survey was conducted to determine the federal and individual statesâ definition of the term âfirst responderâ (if any). Then relevant federal funding laws were researched. Federal grants for âfirst respondersâ (or emergency response providers) were next researched. Whether the term âfirst responderâ was used as a term of eligi- bility or for applicants was examined. Guidelines for grant applicants were investigated and the previous history of the individual grants was researched. The relevant results are described in this digest. FEDERAL LAWS AND REGULATIONS Security Assistance Grants under DHS and FEMA Federal regulation and funding for disaster and emergency relief began in its basic form in the 1930s under entities such as the Reconstruction Finance Corporation following an earthquake, the Bureau of Public Roads for repairs after natural disasters, and the Flood Control Act which assisted the Army Corps of Engineers with flooding problems. These entities guidance and intent of the grant programs, qualifi- cation for the funding would depend on the stateâs definition of its agency or personnel and whether that definition satisfies the criteria articulated by the federal scheme. A further question that has arisen is, if there is no single uniform federal definition of âfirst responder,â is there a need to create or adopt one. The research shows that neither the Homeland Security Act of 20021 nor other relevant federal law that provides for grants to state and local govern- mental entities, tribal governments, or other local entities, for emergency and disaster-related activi- ties, used the term âfirst responderâ in defining or describing those who are eligible for grant funds. The Homeland Security Act uses the term âemergency response providersâ to mean âfederal, state, and local governmental and nongovernmen- tal emergency public safety, fire, law enforcement, emergency response, emergency medical (includ- ing hospital emergency facilities) and related personnel, agencies, and authorities.â2 In the âPost- Katrina Emergency Management Reform Act of 2006â (Title VI of the 2007 Appropriations Act for the Department of Homeland Security)3, the defi- nitions section of the law dealing with the Federal Emergency Management Agency was expanded to include a definition of the term âemergency response provider.â The term is defined there as having the same meaning as in the Homeland Security Act, at 6 U.S.C. 101. In other words, in both these statutory schemes dealing with funding for âfirst responders,â those who would be the first to respond in the case of a natural or manmade disaster or emergency are termed âemergency response providersâ rather than âfirst responders.â The Middle Class Tax Relief and Job Creation Act of 20124 provides for grant funds to state and local governments for emergency communica- tions activities. This Act, in its definitions section, includes the term âpublic safety entity,â which is defined as âan entity that provides public safety ser- vices.â âPublic safety servicesâ is defined to have the same meaning as the term has under section 337(f) of the Communications Act of 1934 and âincludes 1 Pub. L. No. 107-296, 116 Stat. 2135 (2002). 2 6 U.S.C. 101(6) (2013). 3 Pub. L. No. 109-295, 120 Stat. 1355, 1394 (2006). 4 Pub. L. No. 112-96, 126 Stat. 156 (2012). 5 Pub. L. No. 112-96, Â§Â§ 6001(26) and (27), 126 Stat. 156, 204 (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 estab- lishment of the âFirst Responder Network Authorityâ under Â§ 6204 (codified at 47 U.S.C. 1424 (2013)); however, the defi- nition refers to its responsibilities under the Act, not to eligi- bility of any entity for grant funds. (See Â§ 6001(15) of Pub. L. No. 112-96, 126 Stat. 156 (2012)).
3acted as partial precursors to the currently most com- monly known disaster relief agency within the federal government, the Federal Emergency Management Agency (FEMA).8 The available funding mecha- nisms were later expanded after various natural disas- ters such as earthquakes and hurricanes. In 1974, the Disaster Relief Act established the process for presi- dential disaster declarations that had been handled on an ad hoc basis prior to that time.9 In 1979, President Carter created FEMA under Executive Order 12127. This agency united a group of federal entities that included The Federal Insur- ance Administration, the National Fire Prevention and Control Administration, the National Weather Service Community Preparedness Program, the Fed- eral Preparedness Agency of the General Services Administration, and the Federal Disaster Assistance Administration activities from the U.S. Department of Housing and Urban Development (HUD). Civil defense responsibilities were also transferred to the new agency (i.e., FEMA) from the U.S. Defense Departmentâs Defense Civil Preparedness Agency.10 This expanded the operational scope and portfolio of FEMA. From 1979 onward, FEMA funded emer- gency responders in various disasters and emergen- cies that included earthquakes, hurricanes, the Cuban refugee crisis, water contamination, and the Three Mile Island nuclear power plant accident. Follow- ing the bombings of the World Trade Center in 1993 and the Alfred P. Murrah building in Oklahoma in 1996, and most especially after the terrorist attacks of September 11, 2001, however, FEMAâs fund- ing for âfirst respondersâ began to include not only disasters, but also the threat of terrorism.11 According to FEMAâs website, the Robert T. Stafford Disaster Relief and Emergency Assistance Response Act (Stafford Act)12, amending the 1974 Disaster Relief Act13, âconstitutes the statutory authority for most federal disaster response activi- ties, especially as they pertain to FEMA and FEMA programs.â14 The term âfirst responderâ is not used or defined in either the Stafford Act or the 1974 Disaster Relief Act. In March 2003, under provisions of the Home- land Security Act of 2002,15 FEMA was made part of the Department of Homeland Security (DHS). The Homeland Security Act also does not, as enacted, refer to or define âfirst responder.â The legislative history of the Act shows the House Bill at one point contained a provision for âNational Council of First Responders.â16 The Council would have consisted of ânot less than 100 membersâ to include âpolice, firefighters, emergency medical technicians, rescue workers, and hospital personnel.â17 This provision was not in the version of the bill enacted into law; however, and no explanation as to its removal was found in the legislative history. The Homeland Security Act (as enacted) did not contain any reference to âfirst responders.â In the âDefinitionsâ section is the following language, âThe term âemergency response providersâ includes federal, state, and local emergency public safety, law enforcement, emergency response, emergency medical (including hospital emergency facilities) and related personnel, agencies, and authorities.â18 Congress subsequently amended this definition twice in 2006, first inserting âfireâ after âsafetyâ19 and then inserting âgovernmental and nongovern- mentalâ after âlocal.â20 Neither of these amendments has any legislative history that is illuminating for the purposes of this digest.21 However, it could be argued that both these amendments gave Congress an opportunity to focus on this definition and con- sider whether the term âfirst respondersâ was more appropriate for purposes of the law. The term âemer- gency response providersâ 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). 9 Pub. L. No. 93-288, 88 Stat. 143 (1988). 10 http://federal.fema.gov/about/history.shtm (Last visited on June 15, 2013). 11 Id. See also, CRS Report R40246, âDepartment of Homeland Security Assistance to States and Localities: A Summary of the Issues for the 111th Congressâ by Shawn Reese (Dec. 1, 2009) at p. 1. This report gives a summary of DHS security assistance to state and local governments. 12 Pub. L. No. 100-707, 102 Stat. 4691 (1988). 13 Pub. L. No. 93-288, 88 Stat. 143 (1974). 14 http://federal.fema.gov/robert-t-stafford-disaster-relief-and- emergency-assistance-act-public-law-93-288-amended (Last visited June 15, 2013) 15 Pub. L. No. 107-296, 116 Stat. 2135 (2002). 16 Section 104 of H. Rep. 107-609(pt. I) (2002). 17 Id. 18 Pub. L. No. 107-296, 116 Stat. 2135 (2002). 19 Pub. L. No. 109-295, Â§ 612(d), 120 Stat. 1355, 1410 (2006). 20 Pub. L. No. 109-347, Â§ 613, 120 Stat. 1884, 1943 (2006). 21 See, Pub. L. No. 109-295, Â§612, 120 Stat. 1355, 1410 (2006), entitled âTechnical and Conforming Amendment.â
429 44 CFR 204.3 30 44 CFR 206.431. 31 Pub. L. No. 111-5, Â§ 6001(b)(4), 123 Stat. 115, 124 (2009). 32 74 Fed. Reg. 33104 (July 9, 2009). 33 47 U.S.C. 1305(e) (2013). 34 See 74 Fed. Reg. 33104 (July 9, 2009) and 75 Fed. Reg. 3792, 3799 (Jan. 22, 2010). 35 Pub. L. No. 112-96, 126 Stat. 156 (2012). 22 Pub. L. No. 110-53, 121 Stat. 266 (2007). 23 See also, CRS Report R40246, âDepartment of Homeland Security Assistance to States and Localities: A Summary of the Issues for the 111th Congressâ by Shawn Reese (Dec. 1, 2009) at p. 3. 24 Pub. L. No. 110-53, Â§ 301, 121 Stat. 266, 296 (2007). 25 6 U.S.C. 580(c) (2) (2013). 26 6 U.S.C. 194(f), (2013), as amended by Pub. L. No. 110-53, Â§ 301(c), 121 Stat. 299, (2007). 27 6 U.S.C. 194(g)(2) (refers to âemergency response providersâ). 28 See, generally, Title 44, Code of Federal Regulations. More recently, Congress enacted the âImplement- ing Recommendations of the 9/11 Commission Act of 2007â (hereinafter âthe 9/11 Commission Actâ).22 In a 2009 Congressional Research Service report, this legislation was described as the âmost recent legislative action affecting DHS grants [other than appropriations only bills].â23 Title III of the 9/11 Commission Act is entitled âEnsuring Communi- cations Interoperability for First Respondersâ24 and amends 6 U.S.C. 571 et seq. to establish a program to provide grants to states for interoperable emergency communications systems. Nowhere, other than the title, does the law refer to âfirst responders.â As in the Homeland Security Act of 2002, the term used is âemergency response providers,â for example, in the âProgram requirementsâ section is the following: âThe Director shall . . . help ensure that emergency response providers can communicate with each other in the event of natural disasters, acts of terrorism, and other man-made disasters.â25 Further, Title III of the 9/11 Commission Act requires that activities funded by the grant comply with 6 U.S.C 194(f), and amends 194(f) to read (in relevant part): âAny appli- cant requesting funding assistance from the Secretary for interoperable communications for emergency response providers shall submitâ a plan for approval (emphasis added).26 Therefore, although this title of the Act refers to âfirst respondersâ in its title, the law itself makes clear that the funds are to be made available for âemergency response providers.â The âDefinitionsâ section of 6 U.S.C. 194 con- tains a provision that reads: âThe term âemergency response providersâ has the meaning that term has under Sec. 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).â27 In regulations promulgated to administer the grant programs under FEMA and DHS, no reference to the term âfirst responderâ is found.28 The regulations frequently refer to an agency or other public or non- public entity as being the eligible party. For example, the regulations that apply to the Fire Management Assistance Grant Program define âApplicantâ as a âlocal or Indian tribal government submitting an application to the Grantee.â29 As another example, the rules for application and administration of the Hazard Mitigation Grant Program include a Definitions pro- vision which states, âApplicant means a State agency, local government, or eligible private nonprofit orga- nization, submitting an application to the grantee.â30 Emergency Communications Grants from the National Telecommunications and Information Administration In recognition of the need for better access to com- munications capability for public safety agencies in emergency situations, Congress included that as one of the purposes of its creation of the Broadband Tech- nology Opportunities Program (BTOP) in 2009 under provisions of the American Recovery and Reinvest- ment Act.31 This grant program, which was established by the Assistant Secretary of Commerce for Com- munications and Information in consultation with the FCC, is administered by the National Telecommuni- cations and Information Administration (NTIA).32 Eligibility for the grant funds is spelled out in the law, now codified at 47 U.S.C. 1305(e). To be eligible, an applicant âshall . . . be a State or political subdivision thereof, the District of Columbia, a territory or posses- sion of the Unites States, an Indian tribe . . . or native Hawaiian organizationâ or a nonprofit entity, or âany other entity . . . that the Assistant Secretary finds by rule to be in the public interest.â33 Although regula- tions were not issued by NTIA, its Notice of Funding announcing the grants extended eligibility to for-profit entities.34 The term âfirst responderâ does not appear in the definition of eligible entities. In 2012, the Middle Class Tax Relief and Job Creation Act was enacted (âthe Actâ).35 Title VI of the Act establishes a State and Local Implemen- tation Grant Program for the purpose of making
5grants âto States to assist State, regional, tribal and local jurisdictions to identify, plan, and implement the most efficient and effective way for such juris- dictionsâ to use and become part of the ânationwide public safety broadband networkâ36 that is also to be established under the Act.37 Each state must designate a single officer or governmental body to serve as the coordinator of implementation of the grant funds.38 According to NTIAâs Announce- ment of Federal Funding Opportunity, the eligible applicants for grant funds are the â56 States and territories,â citing 47 U.S.C. 1442(a).39 The âDefi- nitionsâ section of the Act, Section 6001, provides that the term âstateâ has the meaning given the term in 47 U.S.C. 153, which provides âThe term âStateâ includes the District of Columbia and the territories and possessions.â Another grant program re-established under the Act is the 911 grants program originally established under Section 158 of the National Telecommunica- tions and Information Administration Organization Act, which expired in October 2009.40 Under Sec- tion 6503(d) of the Act, an âeligible entityâ for these grants is âa State or local government or a tribal orga- nization . . . â and the term âincludes public authori- ties, boards, commissions, and similar bodies created by one or more eligible entities.â In other words, states, local governments, or tribal organizations may create a public authority to apply for the grant funds and that authority would be an eligible entity. The term âfirst responderâ is not included in the âDefinitionsâ section of the Act. The term that is defined instead is âPublic Safety Entity,â which âmeans an entity that provides public safety ser- vices.â41 âPublic Safety Servicesâ is defined as having âthe meaning given the term in section 337(f) of the Communications Act of 1934 (47 U.S.C. 337(f)); and includes services provided by emergency response providers, as that term is defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).â42 Section 337(f) of the Communications Act pro- vides that â[P]ublic safety servicesâ are those services â(A) the sole purpose of which is to protect the safety of life, health, or property; (B) that are provided â (i) by State or local government en- tities; or (ii) by nongovernmental organizations that are authorized by a governmental entity whose primary mission is the provision of such services, and (C) that are not made commer- cially available to the public by the provider.â43 Although âfirst responderâ is not defined in the Act, there is provision for the establishment of a âFirst Responder Network Authorityâ and that term is defined, as âthe First Responder Network Author- ity established under section 6204 [of the Act].â44 Section 6204 provides that the First Responder Network Authority or âFirstNetâ is authorized as an independent authority within the NTIA and that its Board shall include the Secretary of Homeland Secu- rity, the United States Attorney General, the Direc- tor of Office of Management and Budget (OMB), and 12 other individuals appointed by the Secretary of Commerce, to include geographic diversity and some representation of States, localities, tribes, and territories and further provides for their qualifi- cations. The section also provides for terms of their appointment and how often they shall meet.45 There is nothing in this section about eligibility for grants; 41 Pub. L. No. 112-96, Â§Â§ 6001(26), (27)(B), 126 Stat. 156, 204 (2012) (codified at 47 U.S.C. 1401 (26) (2013)). 42 Pub. L. No. 112-96, Â§ 6001(27), 126 Stat. 156, 204 (2012) (codified at 47 U.S.C. 1401 (27)(B) (2013)). 43 47 U.S.C. 337(f) (2013). 44 Pub. L. No. 112-96, Â§ 6001(15), 126 Stat. 156, 203 (2012). 45 Pub. L. No. 112-96, Â§ 6204, 126 Stat. 156, 208-212 (2012) (codified at 47 U.S.C. 1424 (2013). 36 Pub. L. No. 112-96, Â§ 6302(a), 126 Stat. 219 (2012), 47 U.S.C. 1442(a) (2013). 37 Pub. L. No. 112-96, Â§ 6206, 126 Stat. 156, 211 (2012). NTIA and the FCC determined that some BTOP grants would have funding suspended because of the provision for establishment of the nationwide broadband network under the Act. The con- cern expressed in documents was to âensure that the investments would be compatible with the nationwide network.â Those grantees are negotiating with First Net as to reinstatement of the funding. See, âBroadband Technology Opportunities Program (BTOP) Quarterly Program Status Reportâ dated March 2013, submitted to Congress by NTIA, http://www.ntia.doc.gov/files/ ntia/publications/ntia_btop_16th_quarterly_report.pdf. See also, âImplementing Provisions of Tax Relief and Job Creation Act of 2012,â FCC 12-85, http://transition.fcc.gov/Daily_Releases/ Daily_Business/2012/db0731/FCC-12-85A1.pdf. 38 Pub. L. No. 112-96, Â§ 6302(d), 126 Stat. 156, 219 (2012). 39 Federal Funding Opportunity No. 2013-NTIA-SLIGP-01, Paragraph IV.A, âEligible Applicantsâ, http://www.ntia.doc. gov/files/ntia/publications/sligp_ffo_02062013.pdf. See also, 78 Fed. Reg. 9889 (Feb. 12, 2013). 40 Pub. L. No. 102-538, 106 Stat. 3533 (1992), as amended, codified at 47 U.S.C. 942(e)(B)(A) (2013).
649 See, for example, http://federal.fcc.gov/pshs/services/priority- services/tsp.html (Last visited June 16, 2013). 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/ GAOREPORTS-GAO-04-788T/pdf/GAOREPORTS-GAO- 04-788T.pdf (Last visited June 16, 2013). 51 See, for example, U.S. General Accounting Office, Home- land Security: Reforming Federal Grants to Better Meet Out- standing Needs, GAO-03-1146T, p. 3 (September 3, 2003), reporting that âThe federal grant system for first responders is highly fragmented,â http://federal.gao.gov/assets/120/110270. pdf. See also, U.S. General Accounting Office, Federal As- sistance: Grant System Continues to be Highly Fragmented, GAO-03-718T (April 29, 2003), http://federal.gao.gov/assets/ 110/109870.pdf reporting to the same effect. 52 155 Cong. Rec. H 14890 (Dec. 15, 2009). 53 152 Cong. Rec. S 10618 (Sept. 29, 2006). 46 http://federal.fema.gov/about/index.shtm (Last visited June 15, 2013). 47 See, also, âFirst Responders Provide Immediate and Criti- cal Assistance,â a press release dated June 25, 2003, referring to âlocal police and fire departments, emergency medical pro- fessionals, county and state emergency management person- nel and volunteer agenciesâ rushing to the scene of a natural disaster as âfirst responders.â Both these press releases may be found at http://federal.fema.gov/news-release/2003/06/25/ first-responders-provide-immediate-and-critical-assistance (Last visited June 16, 2013). 48 http://federal.fcc.gov/pshs/first-responders.html (Last visited June 16, 2013). therefore, the definition of the First Responders Net- work Authority cannot be said to relate to whether âfirst respondersâ are eligible for grants under the Act. An examination of the language of the Act and of the notices and Federal Funding Opportu- nity issued by NTIA shows that eligible entities are defined in other terms. âFIRST RESPONDERâ AS A TERM OF POPULAR USE Although no definition of âfirst responderâ was found in looking at the laws and regulations that gov- ern federal grant programs, in describing its pro- grams and activities on its website, FEMA does use the term âfirst responders.â FEMA describes its agency mission as âto support our citizens and first responders to . . . build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.â46 No description or definition of the term is given, how- ever. In another example of this âpopularâ use, press releases put out by FEMA and DHS about agency activities use the term to refer to members of local and state police and fire departments and emergency medical personnel. In a June 23, 2003, press release, âKentucky First Responders Honored by FEMA, Commonwealthâ this statement appears: âThe hon- ors were part of a nationwide effort to recognize first responders by the U.S. Department of Home- land Security. First responders are those involved in life safety emergencies and rescues, such as fire and police departments, and water rescue teams.â47 The Public Safety and Homeland Security Bureau (PSHS) of the FCC also uses the term âfirst respond- ersâ on its website.48 The website describes the role of PSHS, as viewed by the agency, as providing assistance and support to âfirst responders.â Part of that assistance and support is providing informa- tion about grants that might be available for com- munications systems. However, an examination of the website makes it clear that grants available to âfirst respondersâ for communications programs are 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 âemer- gency response providersâ under that provision. In testimony before Congress, and in speech on the floor of Congress, âfirst respondersâ has been used to refer generally to emergency service providers. An example is a General Accounting Office (GAO) report of the testimony on emergency preparedness by the Director of Homeland Security and Justice Issues before the Subcommittee on Economic Devel- opment, Public Building and Emergency Manage- ment in 2004.50 The GAO consistently has used the term âfirst respondersâ to refer to the emergency response providers eligible for grant funding by DHS and FEMA.51 Members of Congress have also used the term. In a statement in support of HR 3978, a Congressional Bill that would allow the Center for Domestic Preparedness to accept gifts, Congress- man Henry Cuellar of Texas said that the Center and DHS have âfacilitated training for thousands of first responders from all 50 states and the District of Columbia.â52 Likewise, speaking in support of the DHS Appropriations Act of 2007, Senator Dodd of Connecticut and Senator Levin of Michigan noted the funding for âour first responders.â53
7In another instance of federal documents, other than regulations and law, that use the term âfirst responderâ to refer to fire and emergency response personnel, the curriculum of a course for emergency medical technicians funded by the NHTSA, in the preface to the description of its program, states that the âterm First Responder has been applied to the first individual who arrives at the scene regard- less of the individualâs type of credential.â54 This expansive description is not a formal definition with legal significance, but is another example of the popular use of the term to refer to emergency response providers, in this case, emergency medical technicians. In 2003, President Bush issued a Homeland Secu- rity Directive on the subject of national prepared- ness, HSPD-8.55 The purpose of this Presidential Directive was to establish âpolicies to strengthen the preparednessâ of the country to prevent and respond to terrorist attacks, major disasters and other emer- gencies. In the âDefinitionsâ section of the directive, it is stated that âThe term âfirst responderâ refers to those individuals who in the early stages of an inci- dent are responsible for the protection and preserva- tion of life, property, evidence, and the environment, including emergency response providers as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101), as well as emergency management, public health, clinical care, public works, and other skilled support personnel (such as equipment opera- tors) that provide immediate support services during prevention, response, and recovery operations.â56 This description expands on the definition of âemer- gency response providersâ included in 6 U.S.C 101, and a Presidential Directive would have legal effect, although whether this one would affect the administra- tion of grant funding is not clear. This directive, how- ever, was rescinded and replaced, on March 30, 2011, by Presidential Policy Directive 8 on National Pre- paredness (PPD-8).57 Presidential Policy Directive 8 does not use the term âfirst respondersâ anywhere in its contents, and that term is not included in the âDefinitionsâ section.58 It is clear, then, that the definition of eligible personnel or entities for emer- gency and disaster grants would not be affected by these presidential documents. STATE SCHEMES The states have differing categories for emer- gency response providers or first responders. Each of the states may classify its first responders accord- ing to, for example, training courses and require- ments.59 The definitions that states use can vary and be more restrictive or more inclusive than the definition of âemergency response providersâ that appears in 6 U.S.C. 101, or the definition of âpublic safety entityâ that appears in Public Law 112-96. The conclusion was reached, however, based on an examination of the federal laws and regulations, as well as the federal grants programs, that funding is not dependent on the individual stateâs use or defi- nition of the term âfirst responder.â Rather, fund- ing is dependent on whether the grant applicant is an âemergency response providerâ as defined in 6 U.S.C. 101 or is otherwise an eligible grantee for DHS or FEMA grants, such as a state administrative agency, or whether the entity is eligible under pro- visions of Public Law 112-96. The state definitions of âfirst responderâ vary, but are not used for grant purposes. Appendix A shows the state definitions and the purposes for which they were enacted. FEDERAL GRANTS PROGRAMS Grants and assistance programs from the Depart- ment of Homeland Security (DHS) provide the bulk of federal funding for those popularly called âfirst responders.â60 In fiscal year 2003, DHS administered 8 assistance programs, but the total had expanded 58 Id. 59 See, EMS Training Levels in Alaska, Division of Public Health Emergency Programs (Classifying the EMS train- ing levels in Alaska as ETT, EMT-I, EMT-II, EMT-III, MICP). http://dhss.alaska.gov/dph/Emergency/Pages/ems/ training/default.aspx. Alaska does not use the term âfirst responder.â 60 U.S. General Accounting Office, Federal Funds for First Re- sponders, GAO 04-788-T (May 13, 2004), http://federal.gpo. gov/fdsys/pkg/GAOREPORTS-GAO-04-788T/pdf/GAORE PORTS-GAO-04-788T.pdf (Last visited June 16, 2013). 54 âFirst Responder: National Standard Curriculumâ at Preface p. x, http://federal.nhtsa.gov/people/injury/ems/pub/frnsc.pdf (Last visited June 16, 2013). 55 HSPD-8, (Issued by the Office of the Press Secretary, The White House, December 17, 2003) available at http://federal.fas. org/irp/offdocs/nspd/hspd-8.html (Last visited June 16, 2013). 56 Id. 57 PPD-8, http://federal.dhs.gov/xabout/laws/gc_1215444247124. shtm (Last visited July 18, 2012).
868 http://federal.federalgrantswire.com/assistance-to-firefighters- grant.html (Last visited June 16, 2013). 69 Id. 70 Id. 71 Id. 72 Id. 73 Id. 74 Id. 75 Id. 61 CRS Report R40246, âDepartment of Homeland Security Assistance to States and Localities: A Summary of the Issues for the 111th Congressâ by Shawn Reese (Dec. 1, 2009). 62 See, http://federal.fema.gov/preparedness-non-disaster-grants for a list of grants available in FY 2013 (Last visited June 16, 2013). 63 http://federal.fema.gov/grants (Last visited June 16, 2013). 64 http://federal.fema.gov/preparedness-non-disaster-grants (Last visited June 16, 2013). 65 This grant program is authorized under the Federal Fire Pre- vention and Control Act of 1974, 15 U.S.C. 2201 et seq. (2013). 66 Grants and Assistance Programs for Emergency Personnel, http://federal.fema.gov/grants (Last visited June 16, 2013). 67 44 C.F.R. Part 150. to 15 by FY 2010.61 There was a consolidation of some grant programs in 2012.62 DHS and FEMA characterize these grants as âpreparednessâ or ânon- disasterâ grants to distinguish them from the help avail- able to individuals, households, and some businesses, which are characterized as âdisasterâ assistance.63 Available in Fiscal Year 2013 According to the DHS website, the following grants that would be available to at least one type of âfirst responderâ are available from DHS in fiscal year 2013.64 That is, each of these grants is available to at least one type of âfirst responderâ as that term is popularly or colloquially used, i.e., firefighter, law enforcement personnel, emergency medical tech- nician, and those other individuals, organizations and agencies enumerated in 6 U.S.C. 101(6). The information provided below comes mostly from an examination of FEMAâs grants-related websites, as indicated. The statutory authority for grants is also provided, where possible; in some cases, public law is provided when there is no authorization language but appropriations language is available. As to a defi- nition of âfirst responder,â who or what qualifies as a âfirst responderâ is not defined in the grant require- ment or the grant application of any of these grants, although the group, agency or entity that is eligible may be provided at the website. Assistance to Firefighters Grant Program The Assistance to Firefighters Grant program65 provides assistance to local fire departments in order to protect citizens as well as firefighters against fire and fire-related incidents.66 Eligible applicants are fire departments and nonaffiliated EMS organizations.67 The objective of the program is to provide financial assistance to fire departments and nonaffiliated EMS organizations to enhance their capabilities. This pro- gram seeks to support organizations that otherwise would lack the funding and resources to properly support and protect the public.68 Guidelines â¢â¢ The two organizations eligible for this grant are firefighters and nonaffiliated EMS organiza- tions within the United States or its territories.69 â¢â¢ The ultimate beneficiaries of this grant are the communities served by the fire departments.70 â¢â¢ A fire department is defined as an agency that has a formally recognized arrangement or agreement with the state or territory to pro- vide fire assistance to a population on a first- due basis.71 â¢â¢ A nonaffiliated EMS organization is defined as a public or private nonprofit organiza- tion that provides direct emergency medi- cal services on a first-due basis to a specific geographic region, but is not affiliated with a hospital and does not serve a geographic area where emergency medical services are ade- quately provided by a fire department.72 â¢â¢ This grant is awarded for a period of 12 months. A progress report is required to be submitted semi-annually by departments receiving the grant.73 â¢â¢ A federal audit is required to be performed by organizations receiving grants of more than $500,000.74 Application The grant application focuses on general infor- mation about the organization, the community, and specific questions about the proposed project the funding would be going towards.75 The application
9additionally asks for information on the current status of the equipment, facilities, and other funding being received by the grantee.76 The grant funding priorities differ with each application and FEMA has discretion on which departments receive the grant dollars and how much money to award. The funding, however, is generally awarded on need.77 Homeland Security Grant Program According to the DHS website showing those grant programs available in Fiscal Year 2013, the Homeland Security Grant Program (HSGP)78 âis comprised of three interconnected grant programs.â79 These three programs are the Urban Area Secu- rity Initiative (UASI), the State Homeland Security Grant Program (SHSG), and Operation Stonegarden (OPSG). The goal of the overall HSGP is to strengthen the nation against attacks associated with terrorism.80 Urban Area Security Initiative (UASI)81âThis grant provides support to areas in order to enhance regional preparedness in major metropolitan areas. The funds granted can be used for equipment, train- ing, exercises, and planning.82 â¢â¢ This grant helps address the unique needs of high-threat, high-density urban areas. The cities and entities eligible are preselected, based on the 100 most populated areas. The State Administrative Agency (SAA) is the only entity eligible to apply to FEMA for UASI funds. DHS must review a submitted plan for the use of the funds, and the state is responsible for the administration of funds.83 State Homeland Security Grant Program84 â This program provides funding to build capabilities at the state and local levels for the prevention of ter- rorism and to respond to other catastrophic events.85 â¢â¢ The SAA is the only entity eligible to apply to FEMA for this grant. The awarding of the funds is at FEMAâs discretion, but the award is based on minimum amounts as legisla- tively mandated, DHS risk methodology, and effectiveness.86 Operation StonegardenâThe goal of the Oper- ation Stonegarden (OPSG) program87 is to enhance cooperation and coordination among federal, state, local, territorial, and tribal law enforcement agencies in a joint mission to secure and protect the borders of the U.S.88 â¢â¢ The SAA is the only entity eligible to apply to FEMA for OPSG funds. Local units of gov- ernment at the county level and federally rec- ognized tribal governments may apply through their SAA.89 â¢â¢ The funds are awarded competitively based on risk analysis and anticipated feasibility of the proposed investments by the applicant.90 â¢â¢ FEMA reviews applications from local agen- cies, confers with Customs and Border Patrol, and then determines how to allocate the funding.91 Staffing for Adequate Fire and Emergency Response (SAFER) Grants The SAFER92 grant program provides funding to increase the number of âfrontlineâ firefighters available in a community.93 The goal is to assist fire departments to improve their ability to respond to emergencies.94 85 CRS Report R40246, âDepartment of Homeland Security As- sistance to States and Localities: A Summary of the Issues for the 111th Congressâ by Shawn Reese (Dec. 1, 2009). 86 Id. 87 Pub. L. No. 110-329, 122 Stat. 3574, 3671. 88 http://federal.fema.gov/fy-2012-homeland-security-grant- program. (Last visited June 16, 2013). 89 Id. 90 Id. 91 Id. 92 15 U.S.C. Â§ 2229(a) and 15 U.S.C. Â§ 2201 et seq. (2013). 93 http://federal.fema.gov/staffing-adequate-fire-emergency- response-grants (Last visited July 31, 2012). 94 Id. 76 Id. 77 Id. 78 Implementing Recommendations of 9/11 Commission Act of 2007, Pub. L. No. 110-53, 121 Stat. 266. Consolidated Security, Disaster Assistance, and Continuing Appropriations Act of 2009, Pub. L. No. 110-329, 122 Stat. 3574. 79 http://federal.fema.gov/fy-2012-homeland-security-grant- program. (Last visited June 16, 2013). 80 Id. 81 6 U.S.C. 604 (2013). 82 http://federal.fema.gov/fy-2012-homeland-security-grant- program. (Last visited June 16, 2013). 83 Id. 84 6 U.S.C. 605 (2013).
10 103 Id. 104 Id. 105 46 U.S.C. 70107 (2013). 106 http://www.fema.gov/fy-2013-port-security-grant-program- psgp-0 (Last visited June 16, 2013). 95 Id. 96 Id. 97 National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq. (2013), Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 100-707, 102 Stat. 4691 (1988) (codified at 42 U.S.C. 5121 et seq. (2013), Earthquake Hazards Reduction Act of 1977, as amended, 42 U.S.C. 7701 et. seq. (2013). 98 http://www.fema.gov/fy-2013-emergency-management- performance-grants-empg-program-0 (Last visited June 16, 2013). 99 Id. 100 Id. 101 Id. 102 Id. Guidelines â¢â¢ Local fire departments, including volunteers, are eligible to apply for the SAFER grants, as well as city or county governments and tribal organizations.95 â¢â¢ The grant program is designed to fund recruit- ment and hiring of firefighters, to improve fire- fighter safety by meeting minimum staffing.96 Emergency Management Performance Grants The Emergency Management Performance Grants (EMPG) program97 assists state and local gov- ernments to enhance and sustain their all-hazard emer- gency management capabilities.98 The objective is to develop an all-inclusive program complete with plan- ning, training, and exercises to respond to any appar- ent or actual disaster or emergency. The goal is to support local and state emergency management, while having the states work together on a national level.99 Guidelines â¢â¢ Applicants for this grant must be a state or territory of the United States as defined in the Homeland Security Act of 2002.100 â¢â¢ Only two agencies, the State Administra- tive Agency or the Emergency Management Agency, may apply directly for the grant.101 â¢â¢ Only one application per state or territory may be submitted.102 â¢â¢ The FY 2013 EMPG Program funds will be allocated in compliance with Section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 762). All 50 States, the District of Columbia, and Puerto Rico will receive a base amount of 0.75 percent of the total available grant funding. Four territories (American Samoa, Guam, Northern Mariana Islands, and the U.S. Virgin Islands) will receive a base amount of 0.25 percent of the total available grant funding.103 â¢â¢ If there is any remaining money available for this grant once the money has been allocated, the remaining money will be awarded on pop- ulation share basis.104 Funds are also available for the Federated States of Micronesia and for the Republic of the Marshall Islands. Application To receive funds, a state must submit a narrative with the following information: â¢â¢ Overview of the stateâs risk profile (natural, technological, manmade). â¢â¢ Areas of need identified through an assessment process. â¢â¢ Baseline inventory of where the state now is relative to the goals and objectives identified in relevant strategic plans. â¢â¢ Description of the state emergency manage- ment priorities and planning focus for the cur- rent year. A budget and budget narrative must also be submitted. Port Security Grant Program The Port Security Grant program105 provides funding for transportation infrastructure security activities and is intended to implement transportation security plans among port authorities, facility opera- tors, and state and local government agencies.106 The funding is to be used to prevent, detect, respond to, and recover from attacks involving improvised explo-
11 sive devices and other non-conventional weapons.107 The awards are made competitively.108 Guidelines â¢â¢ The port areas have been designated as Group I (highest risk) and Group II (all other port areas).109 â¢â¢ All port areas are assigned to groups based on a FEMA risk analysis.110 â¢â¢ Port areas not identified in Group I are eligible to apply as Group II. Port areas that were pre- viously Groups III and Group IV port areas have been re-grouped as Group II.111 Application Being a port area is the only requirement in order to apply for a grant. Transit Security Grant Program The Transit Security Grant program112 provides funds to owners and operators of transit systems. This includes intracity bus, commuter bus, ferries, and all forms of passenger rail.113 The funding is intended to protect critical surface transportation infrastructure and passengers from acts of terrorism and to increase the âresilienceâ of transit infrastructure.114 Guidelines â¢â¢ DHS has identified âcritical infrastructure assetsâ as those vital to the functionality and continuity of a major transit system.115 â¢â¢ The funds are awarded on a competitive basis.116 â¢â¢ Ferry systems may receive funds under this program, but are then ineligible to receive funds under the Port Security Grant program; the two programs are mutually exclusive for ferry systems.117 Application â¢â¢ A transit agencyâs eligibility will be determined based on daily ridership and those that serve historically eligible Urban Areas Security Ini- tiative jurisdictions.118 Urban Areas Security Initiative Nonprofit Security Grants Program The purpose of the Urban Areas Security Ini- tiative Nonprofit Security Grant program119 is to provide support to nonprofit organizations at a high risk of a terrorist attack in urban areas due to their ideology, beliefs, or mission.120 The funding is intended to support physical security enhancements and activities.121 Guidelines â¢â¢ Eligible nonprofit organizations are located in one of the specific FY 2013 UASI-eligible urban areas.122 â¢â¢ The nonprofits must have 501(c)(3) status under the Internal Revenue Code123. â¢â¢ Funds will be awarded based on risk analysis, effectiveness, and integration with broader state and local preparedness efforts.124 Application The State Administrative Agency is the only eli- gible applicant. The agency applies on behalf of an eligible nonprofit.125 117 Id. 118 Id. 119 Pub. L. No. 111-83, 123 Stat. 2142 (2009). 120 http://federal.fema.gov/fy-2013-urban-areas-security- initiative-uasi-nonprofit-security-grant-program-nsgp-0 (Last visited June 17, 2013). 121 Id. 122 Id. 123 Id. 124 Id. 125 Id. 107 Id. 108 Id. 109 Id. There are eight port areas in Group I. 110 Id. 111 Id. 112 6 U.S.C. 1135, 1163. 113 http://federal.fema.gov/fy-2013-port-security-grant- program-psgp-0 (Last visited on June 17, 2013). 114 Id. 115 Id. 116 Id.
12 126 Federal Fire Prevention and Control Act of 1974 (codified at 15 U.S.C. 2201 et seq.). 127 http://federal.fema.gov/library/viewRecord.do?id=4475 (Last visited June 17, 2013). 128 Id. 129 Id. 130 Id. 131 Id. 132 Id. 133 Id. 134 Id. State Fire Training Systems Grants The State Fire Training Systems Grants126 pro- gram, although not listed on the DHS website as available in Fiscal Year 2013, may be awarded to grantees that fit the definition of âemergency response providerâ in 6 U.S.C. 101(6). The program provides National Fire Academy training courses and programs to State Fire Training Systems.127 The grant funds are to be used for training courses/programs related to fire training, marketing, administrative costs, and electronic feedback.128 The funding must be used in the designated State and can only be used for the purpose set forth in the application.129 Guidelines â¢â¢ Each state is eligible for this grant, and DHS, FEMA, and US Fire Administration (USFA) will review each application.130 â¢â¢ The funding opportunity is restricted to the 50 State Fire Training Systems.131 â¢â¢ In general the fire training is intended for local firefighters.132 â¢â¢ The funding is at the discretion of DHS, FEMA, USFA, and the National Fire Acad- emy, based on each Stateâs application materials.133 Application Applicants are required to submit a work plan with the project description and a proposed budget. There are sample budgets and worksheets set out in the Guidance and Application Kit.134 CONCLUSION Although preliminary evidence had suggested that grant funding to public safety personnel or enti- ties or so-called âfirst respondersâ might be affected by how that term was defined in federal grants law, and in the laws and regulations of the states, that has not proved to be the case. An examination of the federal law related to grants awarded to state and local government and nongovernmental entities has demonstrated that the term âfirst responder,â although used colloquially or popularly to refer to firefighters, law enforcement officers, emergency medical personnel, and other personnel who would respond in case of an emergency or disaster, is not a term of eligibility in the federal law or regulations that authorize the grants. The research has shown that the term used for fed- eral grants law, for those grants awarded and adminis- tered by the Department of Homeland Security and the Federal Emergency Management Agency, is âemer- gency response provider.â This term is used consis- tently in the laws enacted by Congress, from 2002 to the present. The term is defined in 6 U.S.C. 101(6) to mean âFederal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medi- cal (including hospital emergency facilities), and related personnel, agencies, and authorities.â As to grants administered by the National Telecommuni- cations and Information Administration within the Department of Commerce under the recently enacted Middle Class Tax Relief and Job Creation Act, the term âfirst responderâ 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 âeli- gible entityâ 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 a âfederal definitionâ of the term âfirst responderâ was needed, again based on the idea that this term was used in federal grants law and was defined in different ways by different federal agencies. The answer to this question is that no federal definition is needed, because the term âfirst responderâ is not used in relevant federal grants law. Given that eligi- bility for grant funds is not related to the definition of âfirst responder,â that term and its definition are irrelevant to the determination of funding awards.
A -1 State Health/Emergency Safety Terrorism Other Arkansas A.C.A. Â§ 20-13-1201 (5) âFirst respondersâ means state and local law enforcement personnel, fire department personnel, and emergency medical personnel who will be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, and emergencies. (Information Services) A.C.A. Â§ 25-4-103 (10) âNongovernmental first responder entityâ means state and law enforcement personnel, fire department personnel, and emergency medical personnel who will be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, and other emergencies. California Cal. Health and Safety Code, Div. 105; Part 1; Chap. 3.5 Â§ 120261âDefinitionsâ (g) âFirst responderâ means a police officer, firefighter, rescue worker, or any other person who provides emergency response, first aid care, or other medically related assistance either in the course of the personâs occupational duties or as a volunteer. Colorado C.R.S. 24-33.5-1202 (6.5) âFirst responderâ means a designated level of emergency medical care provider as described by the National Highway Traffic Safety Administration or successor agency. . . . C.R.S. 24-33.5-1802 (3.3) âFirst responderâ means an individual who responds in a professional capacity to an emergency that occurs in a school building, including, but not limited to, peace officers, firefighters, emergency medical service providers, school administrators, and teachers. Delaware 10 Del. C. Â§ 4312 and 2012 Del. ALS 236.6 (5) âFirst respondersâ shall mean federal, state and local law-enforcement officers, fire, and emergency medical services personnel, hazardous materials response team members, 911 dispatchers, or any individual who is responsible for the protection and preservation of life, property, and evidence, and has been sent or directed to respond to a request for assistance as a result of a critical incident. APPENDIx: STATESâ USE OF TERM âFIRST RESPONDERâ (continued on next page)
A -2 Florida Fla. Stat. Â§Â§ 112.1815 (1), 125.01045(2), 166.0446(2), The term âfirst responderâ . . . means a law enforcement officer . . . , a firefighter . . . , or an emergency medical technician or paramedic . . . employed by state or local government. A volunteer law enforcement officer, firefighter, or emergency medical technician or paramedic engaged by the state or a local government is also considered a first responder of the state or local government for purposes of this section. Fla. Stat. Â§ 196.081 (5)(c)(1) âFirst responderâ means a law enforcement officer or correctional officer . . . , a firefighter . . . , or an emergency medical technician or paramedic . . . who is a full-time paid employee, part-time paid employee, or unpaid volunteer. Fla. Stat. Â§ 252.515(3)(a) âEmergency first responderâ means: 1. A physician licensed under chapter 458. 2. An osteopathic physician licensed under chapter 459. 3. A chiropractic physician licensed under chapter 460. 4. A podiatric physician licensed under chapter 461. 5. A dentist licensed under chapter 466. 6. An advanced registered nurse practitioner certified under s. 464.012. 7. A physician assistant licensed under s. 458.347 or s. 459.022. 8. A worker employed by a public or private hospital in the state. 9. A paramedic as defined in s. 401.23(17). 10. An emergency medical technician as defined in s. 401.23(11). 11. A firefighter as defined in s. 633.30. 12. A law enforcement officer as defined in s. 943.10. 13. A member of the Florida National Guard. 14. Any other personnel designated as emergency personnel by the Governor pursuant to a declared emergency. State Health/Emergency Safety Terrorism Other
A -3 Florida (continued) Fla. Stat. Â§ 401.435(1) . . . For purposes of this section, a first responder includes any individual who receives training to render initial care to an ill or injured person, other than an individual trained and certified pursuant to s. 943.1395(1), but who does not have the primary responsibility of treating and transporting ill or injured persons. Georgia O.C.G.A. Â§ 31-11-2 (10) âFirst responderâ means any person or agency who provides on-site care until the arrival of a duly licensed am- bulance service. O.C.G.A. Â§ 31-11-53.1 (3) âFirst responderâ means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. This shall include, but not be limited to, persons who routinely respond to calls for assistance through an affiliation with law enforcement agencies, fire suppression agencies, rescue agencies, and others. Hawaii HRS Div. 1, Tit. 19 Note Â§ -4. Hawaii health corps first responder service obligation. âIf a civil defense or other emergency, proclaimed under chapter 127 or 128 occurs, physicians, physician assistants, and nurse practi- tioners participating in the Hawaii health corps program may be ordered into service by the governor as first responders to serve in areas (continued on next page)
A -4 Hawaii (continued) of the state and in a capacity determined by the director of health.â H.R.S. Â§ 321-222 âFirst responder personnelâ means a person who has successfully completed a United States Department of Transportation approved First Responder Course of training in emergency basic life support. Illinois 210 ILCS 50/3.60 First Responder. (a) âFirst Responderâ means a person who has successfully completed a course of instruction in emergency first response as prescribed by the Department, who provides first response services prior to the arrival of an ambulance or specialized emergency medical services vehicle, in accordance with the level of care established in the emergency first response course. 105 ILCS 128/5. âFirst responderâ means and includes all fire departments and districts, law enforcement agencies and officials, emergency medical responders, and emer- gency management officials involved in the execution and documentation of the drills administered under this Act. (Health And Safety School Safety Drill Act). 210 ILCS 50/3.21. Hospital first responders. The General Assembly finds that in the event of terrorist acts, especially those involving the release of biological agents, bacteria, viruses, or other agents intended to cause illness or injury, hospitals serve as first responders in diagnosing and treating the victims of those acts. EFFECTIVE AS OF JANUARY 2013 210-ILCS 50/3/60 (a) âFirst Responderâ means a person who is at least 18 years of age, who has successfully completed a course of instruction in emergency medical response as prescribed by the Department, and who provides first response services prior to the arrival of an ambulance or specialized emergency medical services vehicle, in accordance with the level of care established in the emergency medical responder course. State Health/Emergency Safety Terrorism Other
A -5 Illinois (continued) Persons who have already completed a course of instruction in emergency first response based on or equivalent to the national curriculum of the United States Department of Transportation, or as otherwise previously recognized by the Department, shall be considered First Responders on the effective date of this amendatory Act of 1995. (a-5) âProvisional First Responderâ means a person who is at least 16 years of age, who has successfully completed a course of instruction in emergency medical response as prescribed by the Department, and who provides first response services prior to the arrival of an ambulance or specialized emergency medical services vehicle, in accordance with the level of care established in the emergency medical responder course. A Provisional First Responder must provide such services as part of an EMS System Response plan that utilizes Provisional First Responders with other EMS personnel dispatched to the scene of an emergency to provide initial emergency medical care and shall comply with the applicable sections of the program plan of that EMS System. A Provisional First Responder may apply to the Department for a First Responder license at the age of 18 upon the EMS Medical Directorâs written approval. Indiana Ind. Code Ann. Â§16-31-8 discusses an amendment that substituted the term âfirst respondersâ with âmedical respondersâ and defines âemergency medical respondersâ at Â§16-31-8, c) As used in this section, âemergency medical responderâ means a person who: (1) is certified under IC 16-31 and who meets the Indiana emergency medical services commissionâs standards for emergency medical responder certification; and (2) responds to an incident requiring emergency medical services. (See also, Â§35-31.5- 2-136. âFirst Respondersâ) (continued on next page)
A -6 Indiana (continued) Ind. ALS 77. [Sec. 109.8. âEmergency medical responderâ, for purposes of IC 16-31, means an individual who is: (1) certified under IC 16-31 and who meets the Indiana emergency medical services commissionâs standards for emergency medical responder certification; and (2) the first individual to respond to an incident requiring emergency medical services. Iowa Iowa Code Â§135.146 (1) . . . For purposes of this section, âfirst responderâ means state and local law enforcement personnel, fire department personnel, and emergency medical personnel who will be deployed to sites of bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, and other disasters. Kansas K.S.A. Â§ 65-6112 (n) âFirst responderâ means a person who holds a first responder certificate issued pursuant to this act. Kentucky K.R.S. 311A.010 (11) âFirst responderâ means a person certified under this chapter as a first responder or first responder instructor. Louisiana La. R.S. 40:1231 (9) âCertified first responderâ means any individual who has successfully completed a training course developed and promulgated by the United States Department of Transportation and adopted by the bureau and who is certified by the bureau. State Health/Emergency Safety Terrorism Other
A -7 Louisiana (continued) La. R.S. 23:1017.1 (6) âFirst responderâ means a volunteer engaged in activities involving the Governorâs Office of Homeland Security and Emergency Preparedness pursuant to R.S. 29:721 et seq. and first responders as defined in R.S. 40:1231 including, but not limited to, medical personnel, emergency and medical technicians, volunteer firemen, auxiliary law enforcement officers and members of the Civil Air Patrol. La. R.S. 29:723 (7) âFirst respondersâ means the first arriving organized responders with the capability and mission to contain, mitigate, and resolve the emergency at hand. La. R.S. 29:739 C. Definitions. As used in this Section, âfirst responderâ refers to those individuals who in the early stages of an incident are responsible for the protection and preservation of life, property, evidence, and the environment, including emergency response providers as defined in Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101), as well as emergency management, public health, clinical care, public works, and other skilled support personnel, such as equipment operators that provide immediate support services during prevention, response, and recovery operations consistent with Homeland Security Presidential Directive 8. La. R.S. 40:1299.58.2 (4) âCertified first responderâ means any person who has successfully completed a training course developed and promulgated by the United States Department of Transportation and adopted by the bureau of emergency medical services of the Department of Health and Hospitals and who is certified by the bureau. La. R.S. 40:1299.64.2 (3) âCertified first responderâ means any person who has successfully completed a training course developed and promulgated by the United States Department of Transportation and adopted by the bureau of emergency medical services of the Department of Health and Hospitals and who is certified by the bureau. (continued on next page)
A -8 Louisiana (continued) 2012 La. AIS 165 (2012 amendments to the False Impersonation Statutes) includes: (2) âFirefighterâ means any certified first responder as defined in R.S. 40:1231, certified emergency medical technician as defined in R.S. 40:1231, or any firefighter regularly employed by a fire department of any municipality, parish, or fire protection district of the state of Louisiana, or any volunteer fireman of the state of Louisiana. Maine 32 M.R.S. Â§83. 6. BASIC EMERGENCY MEDICAL SERVICES PERSON. âBasic emergency medical services personâ means a person licensed to perform basic emergency medical treatment. Licensed first responders and basic emergency medical technicians are basic emergency medical services persons. Maryland Md. Health-General Code Ann. Â§18-213.2 (7) âFirst responderâ means a: (i) Fire fighter; (ii) Emergency medical technician; (iii) Rescue squad member; (iv) Law enforcement officer; (v) Correctional officer; or (vi) Sworn member of the State Fire Marshalâs office. Md. Health-General Code Ann. Â§18-338.3 (4) âFirst responderâ means an individual who: (i) Is licensed or certified under Â§ 13-516 of the Education Article; and (ii) Provides services to an individual before the individual is admitted to a hospital. Massachusetts ALM GL ch. 6A, Â§18L (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: âEMS first responder,â a person providing emergency medical services as defined in section 1 of chapter 111C. âFirst responders,â members of police and fire departments, members of the state police participating in highway patrol and members of emergency reserve units of a volunteer fire department or fire protection State Health/Emergency Safety Terrorism Other
A -9 Massachusetts (continued) district trained to administer first aid; provided, however, that first responders shall not include police officers, fire fighters and persons engaged in police and fire work whose duties are primarily clerical or administrative. ALM GL ch. 111C, Â§1 âEMS first responder,â a person who has, at a minimum, successfully completed a course in emergency medical care approved by the department pursuant to section 201 of chapter 111 and who provides emergency medical care through employment by or in association with an EMS first response service. Michigan MCLS Â§333.20906 (8) âMedical first responderâ means an individual who has met the educational requirements of a department approved medical first responder course and who is licensed to provide medical first response life support as part of a medical first response service or as a driver of an ambulance that provides basic life support services only. Medical first responder does not include a police officer solely because his or her police vehicle is equipped with an automated external defibrillator. Minnesota Minn. Stat. Â§144E.001 Subd. 6. First responder. ââFirst responderâ means an individual who is registered by the board to perform, at a minimum, basic emergency skills before the arrival of a licensed ambulance service, and is a member of an organized service (continued on next page)
A -10 Minnesota (continued) recognized by a local political subdivision whose primary responsibility is to respond to medical emergencies to provide initial medical care before the arrival of a licensed ambulance service. Mississippi Miss. Code Ann. Â§41-23-43(1)(e) (e) âFirst respondersâ means state and local law enforcement personnel, fire department personnel, emergency medical personnel, emergency management personnel and public works personnel who may be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters and emergencies. Miss. Code Ann. Â§41-59-3 (i) âFirst responderâ means a person who uses a limited amount of equipment to perform the initial assessment of and intervention with sick, wounded or otherwise incapacitated persons; (j) âMedical first responderâ means a person who uses a limited amount of equipment to perform the initial assessment of and intervention with sick, wounded or otherwise incapacitated persons who (i) is trained to assist other EMS personnel by successfully completing, and remaining current in refresher training in accordance with, an approved âFirst Responder: National Standard Curriculumâ training program, as developed and promulgated by the United States Department of Transportation; (ii) is nationally registered as a first responder by the National Registry of Emergency Medical Technicians; and (iii) is certified as a medical first responder by the State Department of Health, Division of Emergency Medical Services. Miss. Code Ann. Â§41-59-3 (b) âFirst respondersâ means state and local law enforcement personnel, fire department personnel, emergency medical personnel, emergency management personnel and public works personnel who may be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters and emergencies. Missouri Â§190.091 R.S. Mo. 1. As used in this section, the following terms mean . . . (5) âFirst responders,â state and local law enforcement personnel, fire department personnel, and emergency medical personnel who will be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, and emergencies. Â§190.100 R.S. Mo. (20) âFirst responder,â a person who has successfully completed an emergency first response course meeting or exceeding the national curriculum of the United State Health/Emergency Safety Terrorism Other
A -11 Missouri (continued) States Department of Transportation and any modifications to such curricula specified by the department through rules adopted pursuant to sections 190.001 to 190.245 and who provides emergency medical care through employment by or in association with an emergency medical response agency. Â§192.800 R.S. Mo. (3) âFirst responder,â any person trained and authorized by law or rule to render emergency medical assistance or treatment. Such persons may include, but shall not be limited to, emergency first responders, police officers, sheriffs, deputy sheriffs, firefighters, ambulance attendants and attendant drivers, emergency medical technicians, mobile emergency medical technicians, emergency medical technician-paramedics, registered nurses or physicians. Nebraska (Workmanâs Compensation Statute) R.R.S. Neb. Â§48-101.01 (3) For purposes of this section, first responder means a sheriff, a deputy sheriff, a police officer, an officer of the Nebraska State Patrol, a volun- teer or paid firefighter, or a volunteer or paid in- dividual licensed under a licensure classification in subdivision (1) of section 38-1217 who pro- vides medical care in order to prevent loss of life or aggravation of physio logical or psychological illness or injury. Nevada (Cruelty to Animals) Nev. Rev. Stat. Ann. Â§574.050 2. âFirst responderâ means a person who has successfully completed the national standard course for first responders. New Jersey N.J. Stat. Â§26:2K-39 âFirst Responderâ means a police officer, firefighter or other person who has been trained to provide emergency medical first response services in a program recognized by the commissioner. (continued on next page)
A -12 New Jersey (continued) âFirst Responder-Dâ means a First Responder who is certified by the commissioner to perform cardiac defibrillation. New Mexico (Hazardous Materials Emergency Response Act) N.M. Stat. Ann. Â§12-12-19 H. âfirst responderâ means the first law enforcement officer or other public service provider with a radio- equipped vehicle to arrive at the scene of an accident. N.M. Stat. Ann. Â§24-10B-3 (Emergency Medical Services Act) L. âemergency medical services first responderâ means a person who is licensed by the department and who functions within the emergency medical services system to provide initial emergency aid. (Homeland Security) N.M. Stat. Ann. Â§12-10D-2 B. âfirst responderâ means a public safety employee or volunteer whose duties include responding rapidly to an emergency, including but not limited to: (1) a law enforcement officer; (2) a firefighter or certified volunteer firefighter; and (3) an emergency medical services provider. New York NY CLS PubHealth Â§3001 5. âCertified first responderâ means an individual who meets the minimum requirements established by regulations pursuant to section three thousand two of this article and who is responsible for administration of initial life saving care of sick and injured persons. North Carolina N.C. Gen. Stat. Â§130A-485 (3) âFirst respondersâ means State and local law enforcement State Health/Emergency Safety Terrorism Other
A -13 North Carolina (continued) personnel, fire department personnel, and emergency medical personnel who will be deployed to bioterrorism attacks, terrorist attacks, catas- trophic or natural disasters, or emergencies. North Dakota Ohio ORC Ann. 4765.01 (A) âFirst responderâ means an individual who holds a current, valid certificate issued under section 4765.30 of the Revised Code to practice as a first responder. ORC Ann. 4765.01 (1) A first responder shall be also known as an emergency medical responder or EMR. Oklahoma 63 Okl. St. Â§1-539.1 6. âFirst responderâ means an individual who performs emergency medical services on scene in accordance with the Oklahoma Emergency Response Systems Development Act and rules of the State Board of Health promulgated thereto. 63 Okl. St. Â§1-2503 13. âFirst responderâ means an individual certified by the Department to perform emergency medical services in accordance with the 63 Okl. St. Â§682.1 5. âFirst respon- dersâ means state and local law enforcement personnel, fire department personnel and emergency medical personnel who will be deployed to bioterrorism attacks, terrorist attacks, cata- strophic or natural disasters and emergencies. (Environment and Natural Resources â dangerous substances) 27A Okl. St. Â§4-1-102 8. âFirst responderâ means the first person to arrive at the scene of an incident involving the release of a dangerous substance who has the authority by virtue of that personâs position as a local law enforcement officer, peace officer, fire protection officer or Oklahoma Highway Patrol Officer or other law enforcement officer. (continued on next page)
A -14 Oklahoma (continued) Oklahoma Emergency Response Systems Development Act and in accordance with the rules and standards promulgated by the Board. Pennsylvania (Confidential communications involving public safety) 42 Pa. C.S. Â§5951 âFirst responder.ââAn individual who is certified by the Department of Health as a first responder. Texas Tex. Govât. Code Â§421.095 (1) âFirst responderâ means a public safety employee or volunteer whose duties include responding rapidly to an emergency. The term includes: (A) a peace officer whose duties include responding rapidly to an emergency; (B) fire protection personnel under Section 419.021; (C) a volunteer firefighter who is: (i) certified by the Texas Commission on Fire Protection or by the State Firemenâs and Fire Marshallsâ Association of Texas; or (ii) a member of an organized volunteer fire-fighting unit as described by Section 615.003; and (D) an individual certified as emergency medical services personnel by the Department of State Health Services. Tex. Govât Code Â§161.0001 (1-a) âFirst responderâ means: (A) any federal, state, local, or private personnel who may respond to a disaster, including: (i) public health and public safety personnel; (ii) commissioned law enforcement personnel; (iii) fire protection personnel, including volunteer firefighters; (iv) emergency medical services personnel, including hospital emergency facility staff; (v) a member of the National Guard; (vi) a member of the Texas State Guard; or (vii) any other worker who responds to a disaster in the workerâs scope of employment; or Tex. Govât Code Â§3106.001 (State Symbols and Honors) (1) âEmergency medical first responderâ means an employee or volunteer of the state, a political subdivision, or an emergency medical services provider who provides urgent on-site medical care to the sick or injured. Tex. Lab. Code Â§504.055 (Workersâ Compensation) (a) In this section, âfirst responderâ means: (1) an individual employed by a political subdivision of this state who is: (A) a peace officer under Article 2.12, Code of Criminal Procedure; (B) a person licensed under Chapter 773, Health and Safety Code, as an emergency care attendant, emergency medical technician, emergency medical technician-intermediate, emergency medical technician-paramedic, or licensed paramedic; or (C) a firefighter subject to certification by the Texas Commission on Fire Protection under Chapter 419, Government Code, whose princi- pal duties are firefighting and aircraft crash and rescue; or (2) an individual covered under Section 504.012(a) who is providing volunteer services to a political subdivision of this state as: (A) a volunteer firefighter, without regard to whether the volunteer firefighter is certified State Health/Emergency Safety Terrorism Other
A -15 Texas (continued) (B) any related personnel that provide support services during the prevention, response, and recovery phases of a disaster. Tex. Health & Safety Code Â§773.003 (16) âFirst responder organizationâ means a group or association of certified emergency medical services personnel that, working in cooperation with a licensed emergency medical services provider, provides immediate on-scene care to ill or injured persons but does not transport those persons. under Subchapter D, Chapter 419, Government Code; or (B) an emergency medical services volunteer, as defined by Section 773.003, Health and Safety Code. Utah Utah Code Ann. Â§26-6b-2 (2) âFirst responderâ means: (a) a law enforcement officer as defined in Section 53-13-103; (b) emergency medical service personnel as defined in Section 26-8a-102; (c) firefighters; and (d) public health personnel having jurisdiction over the location where an individual subject to restriction is found. Vermont 24 V.S.A.Â§2651 (10) âFirst responder serviceâ means a person licensed by the department of health to provide emergency medical treatment. Virginia Va. Code Ann. Â§65.2-104 (Workersâ Compensation) B. For purposes of this section, âfirst responderâ shall include any person referenced in subdivision 11 of the definition of âemployeeâ in Â§ 65.2-101 who provides emergency services, during the period that the states of emergency defined in subsection A are in effect. Washington Rev. Code Wash. Â§18.73.030 (13) âFirst responderâ means a person who is authorized by the secretary to render emergency medical care as defined by RCW 18.73.081. Rev. Code Wash. Â§43.44.130 (4) For the purposes of this section, âlocal first respondersâ means police, fire, emergency medical staff, and volunteers. (continued on next page)
A -16 Washington (continued) Rev. Code Wash. Â§35.103.020 (7) âFirst responderâ means provision of initial assessment and basic first-aid intervention, including cardiac pulmonary resuscitation and automatic external defibrillator capability. Rev. Code Wash. Â§35A.92.020 (7) âFirst responderâ means provision of initial assessment and basic first-aid intervention, including cardiac pulmonary resuscitation and automatic external defibrillator capability. Rev. Code Wash. Â§52.33.020 (6) âFirst responderâ means provision of initial assessment and basic first-aid intervention, including cardiac pulmonary resuscitation and automatic external defibrillator capability. Rev. Code Wash. Â§ 53.56.020 (6) âFirst responderâ means provision of initial assessment and basic first-aid intervention, including cardiac pulmonary resuscitation and automatic external defibrillator capability. State Health/Emergency Safety Terrorism Other
A -17 (continued on next page) West Virginia W. Va. Code Â§ 55-7-26 (Actions for Injuries) (a) âFirst responderâ includes: law-enforcement officers, firefighters, emergency medical services personnel and others that respond to calls for emergency medical assistance. Wisconsin Wis. Stat. Â§ 256.15 (8) CERTIFICATION OF FIRST RESPONDERS. (a) Except as provided in ss. 256.17 and 256.18, the department shall certify qualified applicants as first responders. (b) To be eligible for initial certification as a first responder, except as provided in ss. 256.17 and 256.18, an individual shall meet all of the following requirements: 1. The individual is 18 years of age or older and capable of performing the actions authorized under par. (e), or in rules promulgated under par. (e), for a first responder. 2. Subject to ss. 111.321, 111.322 and 111.335, the individual does not have an arrest or conviction record. 3. The individual satisfactorily completes a first responder course that meets or exceeds the guidelines issued by the National Highway Traffic Safety Administration under 23 CFR 1205.3 (a) (5), that includes training for response to acts of terrorism, and that is approved by the department. Wis. Stat. Â§16.25 (Service Award Program) âFirst responderâ means an individual certified under s. 256.15 (8) (a) (b)
A -18 Wisconsin (continued) Wis. Stat. Â§252.01 (1g) âFirst responderâ means a person who, as a condition of employment or as a member of an organization that provides emergency medical care before hospitalization, provides emergency medical care to a sick, disabled or injured individual before the arrival of an ambulance, but who does not provide transportation for a patient. Wis. Stat. Â§256.01 (9) âFirst responderâ means a person who is certified by the department as a first responder under s. 256.15 (8) (a) and who, as a condition of employment or as a member of an organization that provides emergency medical care before hospitalization, provides emergency medical care to a sick, disabled or injured individual before the arrival of an ambulance, but who does not provide transportation for a patient. State Health/Emergency Safety Terrorism Other
Transportation Research Board 500 Fifth Street, NW Washington, DC 20001 ISBN 978-0-309-28369-4 9 780309 283694 9 0 0 0 0 Subscriber Categories: Law â¢ Security and Emergencies These digests are issued in order to increase awareness of research results emanating from projects in the Cooperative Research Programs (CRP). Persons wanting to pursue the project subject matter in greater depth should contact the CRP Staff, Transportation Research Board of the National Academies, 500 Fifth Street, NW, Washington, DC 20001. COPYRIGHT INFORMATION Authors herein are responsible for the authenticity of their materials and for obtaining written permissions from publishers or persons who own the copyright to any previously published or copyrighted material used herein. Cooperative Research Programs (CRP) grants permission to reproduce material in this publication for classroom and not-for-profit purposes. Permission is given with the understanding that none of the material will be used to imply TRB, AASHTO, FAA, FHWA, FMCSA, FTA, or Transit Development Corporation endorsement of a particular product, method, or practice. It is expected that those reproducing the material in this document for educational and not-for-profit uses will give appropriate acknowledgment of the source of any reprinted or reproduced material. For other uses of the material, request permission from CRP.