[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5560 Introduced in House (IH)]
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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 Representatives 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''.
SEC. 2. REQUIREMENT OF SECRETARY OF DEFENSE TO REIMBURSE STATE COSTS OF
FIGHTING CERTAIN 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 following new section:
``Sec. 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 remote 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, assets, 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 section;
``(2) may direct the Director of the National Geospatial-
Intelligence Agency to provide such assistance as the Secretary
determines necessary to carry out the FireGuard Program; and
``(3) may not reduce support, or transfer responsibility
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 following:
``(3) a calculation of the annual costs to the Department
for assistance provided to--
``(A) the Federal Emergency Management Agency or
Federal land management agencies--
``(i) pursuant to requests for such
assistance; 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 NATIONAL 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 amended--
(1) by striking subparagraph (C) of subsection (a)(1); and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``purposes;'' 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 DEPARTMENTS OF THE FEDERAL
GOVERNMENT.
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 redesignating
subsections (d), (f), and (g) as subsections (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 paragraph (1) with regards to an
aircraft shall expire upon official notice of such Secretary to
the Secretary 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 pertaining to
wildfires'' after ``purposes''; and
(B) in paragraph (2), by inserting ``, search and
rescue, emergency operations pertaining to wildfires,''
after ``efforts''; and
(4) by adding at the end the following new subsection:
``(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 Senate 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 Secretary 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 Secretary of
Agriculture, or the Governor of California, under section 1098
of the National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 127 Stat. 881).''.
SEC. 8. UPDATED REVIEW AND ENHANCEMENT OF EXISTING AUTHORITIES FOR
USING AIR FORCE AND AIR NATIONAL GUARD MODULAR AIRBORNE
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 Director shall submit to Congress a report--
``(A) containing the results of a second review conducted
under subsection (a) and a second determination made under
subsection (b); and
``(B) based on such second determination, describing the
new modifications proposed to be made to existing authorities
under subsection (c) or (d), including whether there is a need
for legislative 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 submitted to Congress under this subsection.''.
SEC. 9. NO REIMBURSEMENT FOR USE OF NATIONAL GEOSPATIAL-INTELLIGENCE
AGENCY RESOURCES DURING A MAJOR DISASTER.
The Director of the National Geospatial-Intelligence Agency may not
require the Federal Emergency Management 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).
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 (commonly 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 declaration 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 covered 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.
(3) Defense support to civil authorities.
(4) Support under section 502(f) of title 32, United States
Code.
SEC. 12. IMPLEMENTATION OF CERTAIN RECOMMENDATIONS REGARDING USE OF
UNMANNED AIRCRAFT SYSTEMS BY THE NATIONAL GUARD.
Not later than September 30, 2022, the Secretary of Defense shall
implement recommendations of the Secretary described in section
519C(a)(2) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
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