I 
117TH CONGRESS 
1ST SESSION H. R. 5560 
To make improvements to the role of the Department of Defense in 
responding to domestic emergencies, including wildfires. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 12, 2021 
Mr. GARAMENDI (for himself, Ms. JACOBS of California, and Mr. CARBAJAL) 
introduced the following bill; which was referred to the Committee on 
Armed Services, and in addition to the Committees on Agriculture, 
Transportation and Infrastructure, and Intelligence (Permanent Select), 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To make improvements to the role of the Department of 
Defense in responding to domestic emergencies, including 
wildfires. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Military Support for 
Fighting Wildfires Act’’. 
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SEC. 2. REQUIREMENT OF SECRETARY OF DEFENSE TO RE-
IMBURSE STATE COSTS OF FIGHTING CER-
TAIN WILDLAND FIRES. 
Section 2691(d) of title 10, United States Code, is 
amended by striking ‘‘may’’ and inserting ‘‘shall’’. 
SEC. 3. AUTHORIZATION FOR FIREGUARD PROGRAM. 
(a) AUTHORITY.—Chapter 5 of title 32, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 510. Authorization for FireGuard Program 
‘‘(a) AUTHORIZATION.—The Secretary of Defense 
may use members of the National Guard to carry out a 
program to aggregate, analyze, and assess multi-source re-
mote sensing information for interagency partnerships in 
the detection and monitoring of wildfires, and to support 
any emergency response to such wildfires. Such a program 
shall be known as the ‘FireGuard Program’. 
‘‘(b) RESOURCES; LIMITATION.—If the Secretary 
carries out a program under this section, the Secretary— 
‘‘(1) shall transfer the functions, personnel, as-
sets, and capabilities of the FireGuard Program, in 
existence on the day before the date of enactment of 
the Military Support for Fighting Wildfires Act, to 
the FireGuard Program authorized under this sec-
tion; 
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‘‘(2) may direct the Director of the National 
Geospatial-Intelligence Agency to provide such as-
sistance as the Secretary determines necessary to 
carry out the FireGuard Program; and 
‘‘(3) may not reduce support, or transfer re-
sponsibility for support to an interagency partner, 
for the FireGuard Program authorized under this 
section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘510. Authorization for FireGuard Program.’’. 
SEC. 4. AMENDMENT TO BUDGETING OF DEPARTMENT OF 
DEFENSE RELATING TO EXTREME WEATHER. 
Section 328(a) of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 
221 note) is amended— 
(1) in paragraph (1), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) a calculation of the annual costs to the 
Department for assistance provided to— 
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‘‘(A) the Federal Emergency Management 
Agency or Federal land management agencies— 
‘‘(i) pursuant to requests for such as-
sistance; and 
‘‘(ii) approved under the National 
Interagency Fire Center; and 
‘‘(B) any State, Territory, or possession 
under title 10 or title 32, United States Code, 
regarding extreme weather.’’. 
SEC. 5. EXPANDED CONSULTATION IN TRAINING OF NA-
TIONAL GUARD PERSONNEL ON WILDFIRE 
RESPONSE. 
Section 351 of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91) is amended 
by inserting ‘‘and the National Interagency Fire Center’’ 
after ‘‘Bureau’’. 
SEC. 6. TRANSFER OF AIRCRAFT TO OTHER DEPARTMENTS 
FOR WILDFIRE SUPPRESSION AND OTHER 
PURPOSES. 
Section 1098 of the National Defense Authorization 
Act for Fiscal Year 2014 (Public Law 113–66) is amend-
ed— 
(1) by striking subparagraph (C) of subsection 
(a)(1); and 
(2) in subsection (c)— 
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(A) in paragraph (1), by striking ‘‘pur-
poses;’’ and inserting ‘‘purposes, search and 
rescue, or emergency operations pertaining to 
wildfires; and’’; 
(B) in paragraph (2), by striking ‘‘; and’’ 
and inserting a period; and 
(C) by striking paragraph (3). 
SEC. 7. TRANSFER OF EXCESS AIRCRAFT TO OTHER DE-
PARTMENTS 
OF 
THE 
FEDERAL 
GOVERN-
MENT. 
Section 1091 of the National Defense Authorization 
Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 
2576 note) is amended— 
(1) by striking subsections (c) and (e) and re-
designating subsections (d), (f), and (g) as sub-
sections (c), (d), and (e), respectively; 
(2) in subsection (c), as redesignated— 
(A) in paragraph (1), by striking ‘‘up to 
seven’’; and 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) EXPIRATION OF RIGHT OF REFUSAL.—A 
right of refusal afforded the Secretary of Agriculture 
or the Secretary of Homeland Security under para-
graph (1) with regards to an aircraft shall expire 
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upon official notice of such Secretary to the Sec-
retary of Defense that such Secretary declines such 
aircraft.’’; 
(3) in subsection (d), as redesignated— 
(A) in paragraph (1), by inserting ‘‘, 
search and rescue, or emergency operations per-
taining to wildfires’’ after ‘‘purposes’’; and 
(B) in paragraph (2), by inserting ‘‘, 
search and rescue, emergency operations per-
taining to wildfires,’’ after ‘‘efforts’’; and 
(4) by adding at the end the following new sub-
section: 
‘‘(f) REPORTING.—Not later than November 1, 2022, 
and annually thereafter, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Sen-
ate and House of Representatives a report on aircraft 
transferred, during the fiscal year preceding the date of 
such report, to— 
‘‘(1) the Secretary of Agriculture or the Sec-
retary of Homeland Security under this section; 
‘‘(2) the chief executive officer of a State under 
section 112 of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81); or 
‘‘(3) the Secretary of the Air Force, the Sec-
retary of Agriculture, or the Governor of California, 
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under section 1098 of the National Defense Author-
ization Act for Fiscal Year 2014 (Public Law 113– 
66; 127 Stat. 881).’’. 
SEC. 8. UPDATED REVIEW AND ENHANCEMENT OF EXIST-
ING AUTHORITIES FOR USING AIR FORCE 
AND AIR NATIONAL GUARD MODULAR AIR-
BORNE FIRE-FIGHTING SYSTEMS AND OTHER 
DEPARTMENT OF DEFENSE ASSETS TO FIGHT 
WILDFIRES. 
Section 1058 of the National Defense Authorization 
Act for Fiscal Year 2004 (Public Law 108–136; 31 U.S.C. 
1535 note) is amended by adding at the end the following 
new subsection: 
‘‘(g) UPDATED REVIEW AND ENHANCEMENT.—(1) 
Not later than 120 days after the date of the enactment 
of the Military Support for Fighting Wildfires Act, the Di-
rector shall submit to Congress a report— 
‘‘(A) containing the results of a second review 
conducted under subsection (a) and a second deter-
mination made under subsection (b); and 
‘‘(B) based on such second determination, de-
scribing the new modifications proposed to be made 
to existing authorities under subsection (c) or (d), 
including whether there is a need for legislative 
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changes to further improve the procedures for using 
Department of Defense assets to fight wildfires. 
‘‘(2) The new modifications described in paragraph 
(1)(B) shall not take effect until the end of the 30-day 
period beginning on the date on which the report is sub-
mitted to Congress under this subsection.’’. 
SEC. 9. NO REIMBURSEMENT FOR USE OF NATIONAL 
GEOSPATIAL-INTELLIGENCE 
AGENCY 
RE-
SOURCES DURING A MAJOR DISASTER. 
The Director of the National Geospatial-Intelligence 
Agency may not require the Federal Emergency Manage-
ment Agency or a Federal land management agency to 
reimburse the National Geospatial-Intelligence Agency for 
use of resources for any request approved by the Director 
pertaining to— 
(1) a request made by such a Federal agency 
through the National Interagency Fire Center; or 
(2) an area of Federal land affected by extreme 
weather, as that term is defined in section 328(c) of 
the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116–92; 10 U.S.C. 221 
note). 
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SEC. 10. EXEMPTION FROM ECONOMY ACT FOR CERTAIN 
REQUESTS MADE THROUGH THE NATIONAL 
INTERAGENCY FIRE CENTER. 
Section 1535(b) of title 31, United States Code (com-
monly known as the ‘‘Economy Act’’), shall not apply to 
any assistance provided by the Department of Defense to 
the Federal Emergency Management Agency or a Federal 
land management agency under a request— 
(1) made through the National Interagency 
Fire Center; and 
(2) pertaining to an area covered by a declara-
tion of a major disaster or emergency under section 
401 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170). 
SEC. 11. GUIDANCE FOR USE OF UNMANNED AIRCRAFT 
SYSTEMS BY THE NATIONAL GUARD. 
(a) NEW GUIDANCE.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall issue new guidance that treats the use of 
unmanned aircraft systems by the National Guard for cov-
ered activities in a manner no more restrictive than the 
use of other aircraft for covered activities. 
(b) COVERED ACTIVITIES DEFINED.—In this section, 
‘‘covered activities’’ means the following: 
(1) Emergency operations. 
(2) Search and rescue operations. 
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(3) Defense support to civil authorities. 
(4) Support under section 502(f) of title 32, 
United States Code. 
SEC. 12. IMPLEMENTATION OF CERTAIN RECOMMENDA-
TIONS REGARDING USE OF UNMANNED AIR-
CRAFT SYSTEMS BY THE NATIONAL GUARD. 
Not later than September 30, 2022, the Secretary of 
Defense shall implement recommendations of the Sec-
retary described in section 519C(a)(2) of the William M. 
(Mac) Thornberry National Defense Authorization Act for 
Fiscal Year 2021 (Public Law 116–283). 
Æ 
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