S. 1437 — Introduced in Senate

II 114th CONGRESS 1st Session S. 1437 IN THE SENATE OF THE UNITED STATES May 21, 2015 Mr. Barrasso (for himself, Mrs. Feinstein, Mr. Tillis, Mrs. Boxer, Mr. Enzi, and Mr. Burr) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 32, United States Code, to authorize and provide flexibility for the use of the National Guard for support of civilian firefighting activities. 1. Short title This Act may be cited as the Modular Airborne Firefighting System Flexibility Act. 2. Use of the National Guard for support of civilian firefighting activities (a) Operational use authorized (1) In general Chapter 1 of title 32, United States Code, is amended by adding at the end the following new section: 116. Operational use: support for civilian firefighting activities (a) Basis of authority The authority in this section is based on a recognition of the basic premises of the National Incident Management System and the National Response Framework that— (1) incidents are typically managed at the local level first; and (2) local jurisdictions retain command, control, and authority over response activities for their jurisdictional areas. (b) Assistance to civilian firefighting organizations authorized Members and units of the National Guard are authorized to support firefighting operations, missions, or activities, including aerial firefighting employment of the Modular Airborne Firefighting System (MAFFS), undertaken in support of a Federal or State agency or other civilian authority. (c) Role of Governor and State adjutant general For the purposes of subsection (a)— (1) the Governor of a State shall be the principal civilian authority; and (2) the adjutant general of the State— (A) shall be the principal military authority, when acting in the adjutant general's State capacity; and (B) has the primary authority to mobilize members and units of the National Guard of the State in any duty status under this title the adjutant general considers appropriate to employ necessary forces when funds to perform such operations, missions, or activities are reimbursed. . (2) Clerical amendment The table of sections at the beginning of chapter 1 of such title is amended by adding at the end the following new item: 116. Operational use: support for civilian firefighting activities. . (b) Active Guard and Reserve (AGR) Support Section 328(b) of such title is amended by inserting duty as specified in section 116(b) of this title or may perform after subsection (a) may perform. (c) Federal technician support Section 709(a)(3) of such is amended by inserting duty as specified in section 116(b) of this title or after the performance of the first place it appears. (1) To authorize and provide flexibility for the use of the National Guard for support of civilian firefighting activities.