S.Amdt. 1476

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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