II 

114TH CONGRESS 

1ST SESSION S. 1437 

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. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Modular Airborne 

5 Firefighting System Flexibility Act’’. 

6 SEC. 2. USE OF THE NATIONAL GUARD FOR SUPPORT OF 

7 CIVILIAN FIREFIGHTING ACTIVITIES. 

8 (a) OPERATIONAL USE AUTHORIZED.— 

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1 (1) IN GENERAL.—Chapter 1 of title 32, United 

2 States Code, is amended by adding at the end the 

3 following new section: 

4 ‘‘§ 116. Operational use: support for civilian fire5 fighting activities 

6 ‘‘(a) BASIS OF AUTHORITY.—The authority in this 

7 section is based on a recognition of the basic premises of 

8 the National Incident Management System and the Na9 tional Response Framework that— 

10 ‘‘(1) incidents are typically managed at the 

11 local level first; and 

12 ‘‘(2) local jurisdictions retain command, control, 

13 and authority over response activities for their juris14 dictional areas. 

15 ‘‘(b) ASSISTANCE TO CIVILIAN FIREFIGHTING ORGA16 NIZATIONS AUTHORIZED.—Members and units of the Na17 tional Guard are authorized to support firefighting oper18 ations, missions, or activities, including aerial firefighting 

19 employment of the Modular Airborne Firefighting System 

20 (MAFFS), undertaken in support of a Federal or State 

21 agency or other civilian authority. 

22 ‘‘(c) ROLE OF GOVERNOR AND STATE ADJUTANT

23 GENERAL.—For the purposes of subsection (a)— 

24 ‘‘(1) the Governor of a State shall be the prin25 cipal civilian authority; and 

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1 ‘‘(2) the adjutant general of the State— 

2 ‘‘(A) shall be the principal military author3 ity, when acting in the adjutant general’s State 

4 capacity; and 

5 ‘‘(B) has the primary authority to mobilize 

6 members and units of the National Guard of 

7 the State in any duty status under this title the 

8 adjutant general considers appropriate to em9 ploy necessary forces when funds to perform 

10 such operations, missions, or activities are reim11 bursed.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of chapter 1 of such title is 

14 amended by adding at the end the following new 

15 item: 

‘‘116. Operational use: support for civilian firefighting activities.’’. 

16 (b) ACTIVE GUARD AND RESERVE (AGR) SUP17 PORT.—Section 328(b) of such title is amended by insert18 ing ‘‘duty as specified in section 116(b) of this title or 

19 may perform’’ after ‘‘subsection (a) may perform’’. 

20 (c) FEDERAL TECHNICIAN SUPPORT.—Section 

21 709(a)(3) of such is amended by inserting ‘‘duty as speci22 fied in section 116(b) of this title or’’ after ‘‘the perform23 ance of’’ the first place it appears. 

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•S 1437 IS

1 (1) To authorize and provide flexibility for the 

2 use of the National Guard for support of civilian 

3 firefighting activities. 

Æ 

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