I 112th CONGRESS 2d Session H. R. 6639 IN THE HOUSE OF REPRESENTATIVES December 5, 2012 Mr. Gallegly introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Armed Services, 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 amend the Wildfire Suppressing Aircraft Transfer Act of 1996 to facilitate inter-agency agreements with the Air National Guard and the Air Force Reserve to secure Defense Support to Civil Authority (DSCA) missions in the initial airborne response to fighting wildfires.

1.

Air National Guard and Air Force Reserve wildfire response

The Wildfire Suppressing Aircraft Transfer Act of 1996 (Public Law 104–307; 10 U.S.C. 2576 note) is amended by adding at the end the following new section:

3.

Use of Air National Guard and Air Force Reserve for initial airborne response to fighting wildfires

(a)

Inter-Agency agreements

Subject to subsection (b), in order to prevent the loss of life and reduce property losses from wildfires, section 1535(a)(4) of title 31, United States Code, shall not apply to limit the use of inter-agency agreements with the Air National Guard or Air Force Reserve to procure the services of a unit of the Air National Guard or Air Force Reserve to conduct Defense Support to Civil Authority (DSCA) missions utilizing military fixed-wing aerial firefighting aircraft including Modular Airborne FireFighting System (MAFFS) units in the initial airborne response to fighting wildfires. (b)

Limitations

Section 1535(a)(4) of title 31, United States Code, shall not apply to inter-agency agreements described in subsection (a) only when the Incident Commander determines— (1)privately contracted fixed-wing aerial firefighting aircraft are unavailable; (2)it necessary for military fixed-wing aerial firefighting aircraft including MAFFS units to perform an initial airborne response; or (3)it necessary that military fixed-wing aerial firefighting aircraft including MAFFS units are needed to supplement privately contracted fixed-wing aerial firefighting aircraft. (c)

Rule of construction

Nothing in this Act shall be interpreted as diminishing the role of contractor-owned and operated fixed-wing aircraft as the primary source of aerial firefighting assets for the Federal wildland firefighting agencies

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