[Congressional Record Volume 161, Number 88 (Wednesday, June 3, 2015)]
[Senate]
[Page S3686]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1476. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to 
authorize appropriations for fiscal year 2016 for military activities 
of the Department of Defense and for military construction, to 
prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title X, add the following:

     SEC. 1049. USE OF THE NATIONAL GUARD FOR SUPPORT OF CIVILIAN 
                   FIREFIGHTING ACTIVITIES.

       (a) Short Title.--This section may be cited as the 
     ``Modular Airborne Firefighting System Flexibility Act''.
       (b) 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:

     ``Sec. 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.''.
       (c) 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''.
       (d) 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.
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