THE NATIONAL ACADEMIES PRESS This PDF is available at http://nap.edu/22451 SHARE 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 CONTRIBUTORS GET THIS BOOK Bricker, Lew R. C.; Petermann, Tanya N.; Hines, Margaret; and Sands, Jocelyn FIND RELATED TITLES SUGGESTED CITATION National Academies of Sciences, Engineering, and Medicine 2013. The Legal Definitions of First Responder . Washington, DC: The National Academies Press. https://doi.org/10.17226/22451. Visit the National Academies Press at NAP.edu and login or register to get: – Access to free PDF downloads of thousands of scientific reports – 10% off the price of print titles – Email or social media notifications of new titles related to your interests – Special offers and discounts Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the National Academies Press. (Request Permission) Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved. The Legal Definitions of “First Responder” November 2013 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 Copyright National Academy of Sciences. All rights reserved. The Legal Definitions of “First Responder” 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 ser- vices.” “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 estab- lishment 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)). 2 Copyright National Academy of Sciences. All rights reserved. The Legal Definitions of “First Responder” 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).