What This Bill Does
This bill improves how the Department of Defense helps respond to domestic emergencies, especially wildfires. It gives the military more tools to fight fires, makes it easier for the military to help other federal agencies during disasters, and creates a new FireGuard Program that uses satellite technology to detect and monitor wildfires.
Who It Affects
- The Department of Defense and National Guard
- The Federal Emergency Management Agency
- Federal land management agencies
- State governments fighting wildfires
- The National Geospatial-Intelligence Agency (a federal spy satellite agency)
- The Department of Agriculture, Department of the Interior, and Department of Homeland Security
Key Provisions
- The Secretary of Defense must now reimburse states for costs of fighting certain wildland fires, rather than being allowed to choose whether to do so (Sec. 2)
- The military can create and run a FireGuard Program where National Guard members use satellite data to detect and monitor wildfires and support emergency response (Sec. 3)
- The military can transfer at least seven firefighting-equipped HC-130H aircraft to other federal departments to fight wildfires and perform search and rescue (Sec. 4)
- The National Geospatial-Intelligence Agency cannot charge the Federal Emergency Management Agency or federal land management agencies for using its satellite resources during major disasters related to wildfires (Sec. 5)
- The Department of Defense does not have to charge other agencies for help provided during disasters affecting federal land, as long as the request goes through the National Interagency Fire Center (Sec. 6)
- Within 90 days, the Secretary of Defense must create guidance that allows the National Guard to use unmanned aircraft (drones) for emergencies, search and rescue, and civil support in the same way as regular aircraft (Sec. 7)
- The Secretaries of Agriculture, Interior, and Homeland Security must study whether modified CH-47 Chinook helicopters can effectively fight wildfires and perform search and rescue, and report to Congress within one year (Sec. 8)
What Changes
If passed, the military gains clear authority to help fight wildfires through satellite monitoring and aircraft transfers. States can now expect the Department of Defense to pay for certain wildfire costs instead of only sometimes receiving reimbursement. Federal agencies no longer pay fees to access satellite data during disasters. The military can more easily use drones for emergency response without extra restrictions.
Important Definitions
- "Unmanned aircraft systems" means drones or aircraft without pilots on board (explained in context of Sec. 7)
- "Covered activities" means emergency operations, search and rescue operations, defense support to civil authorities, and activities under federal law (Sec. 7)
- "Extreme weather" is defined in another federal law from 2020 (Sec. 5)
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1242
To make improvements to the role of the Department of Defense in
responding to domestic emergencies, including wildfires.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 28, 2023
Mr. GARAMENDI (for himself, Mr. PANETTA, Ms. SCANLON, Mr. SCHIFF, Ms.
JACOBS, and Mr. CARBAJAL) introduced the following bill; which was re-
ferred to the Committee on Armed Services, and in addition to the Com-
mittees on Agriculture, Intelligence (Permanent Select), Transportation
and Infrastructure, and Natural Resources, for a period to be subse-
quently 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-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Military Support for
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Fighting Wildfires Act of 2023’’.
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SEC. 2. REQUIREMENT OF SECRETARY OF DEFENSE TO RE-
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IMBURSE STATE COSTS OF FIGHTING CER-
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TAIN WILDLAND FIRES.
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Section 2691(d) of title 10, United States Code, is
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amended by striking ‘‘may’’ and inserting ‘‘shall’’.
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SEC. 3. AUTHORIZATION FOR FIREGUARD PROGRAM.
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(a) AUTHORITY.—Chapter 5 of title 32, United
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States Code, is amended by adding at the end the fol-
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lowing new section:
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‘‘§ 510. Authorization for FireGuard Program
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‘‘(a) AUTHORIZATION.—The Secretary of Defense
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may use members of the National Guard to carry out a
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program to aggregate, analyze, and assess multi-source re-
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mote sensing information for interagency partnerships in
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the detection and monitoring of wildfires, and to support
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any emergency response to such wildfires. Such a program
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shall be known as the ‘FireGuard Program’.
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‘‘(b) RESOURCES; LIMITATION.—If the Secretary
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carries out a program under this section, the Secretary—
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‘‘(1) shall transfer the functions, personnel, as-
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sets, and capabilities of the FireGuard Program, in
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existence on the day before the date of enactment of
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the Military Support for Fighting Wildfires Act of
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2023, to the FireGuard Program authorized under
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this section;
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•HR 1242 IH
‘‘(2) may direct the Director of the National
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Geospatial-Intelligence Agency to provide such as-
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sistance as the Secretary determines necessary to
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carry out the FireGuard Program; and
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‘‘(3) may not reduce support, or transfer re-
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sponsibility for support to an interagency partner,
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for the FireGuard Program authorized under this
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section.’’.
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(b) CLERICAL AMENDMENT.—The table of sections
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at the beginning of such chapter is amended by adding
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at the end the following new item:
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‘‘510. Authorization for FireGuard Program.’’.
(c) CONFORMING AMENDMENT.—The National De-
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fense Authorization Act for Fiscal Year 2022 (Public Law
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117–81) is amended by striking section 515.
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SEC. 4. TRANSFER OF AIRCRAFT TO OTHER DEPARTMENTS
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FOR WILDFIRE SUPPRESSION AND OTHER
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PURPOSES.
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Section 1098 of the National Defense Authorization
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Act for Fiscal Year 2014 (Public Law 113–66) is amend-
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ed—
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(1) in subsection (a)(1)(A)(i) by striking ‘‘the
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seven demilitarized HC–130H aircraft specified in
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subparagraph (C)’’ and inserting ‘‘not fewer than
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seven demilitarized HC–130H aircraft’’;
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•HR 1242 IH
(2) by striking subparagraph (C) of subsection
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(a)(1);
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(3) in subsection (b)(1)(A) by striking ‘‘not
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more’’ and insert ‘‘not fewer’’; and
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(4) in subsection (c)—
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(A) in paragraph (1), by striking ‘‘pur-
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poses;’’ and inserting ‘‘purposes, search and
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rescue, or emergency operations pertaining to
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wildfires; and’’;
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(B) in paragraph (2), by striking ‘‘; and’’
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and inserting a period; and
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(C) by striking paragraph (3).
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SEC. 5. NO REIMBURSEMENT FOR USE OF NATIONAL
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GEOSPATIAL-INTELLIGENCE
AGENCY
RE-
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SOURCES DURING A MAJOR DISASTER.
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The Director of the National Geospatial-Intelligence
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Agency may not require the Federal Emergency Manage-
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ment Agency or a Federal land management agency to
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reimburse the National Geospatial-Intelligence Agency for
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use of resources for any request approved by the Director
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pertaining to—
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(1) a request made by such a Federal agency
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through the National Interagency Fire Center; or
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(2) an area of Federal land affected by extreme
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weather, as that term is defined in section 328(c) of
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•HR 1242 IH
the National Defense Authorization Act for Fiscal
1
Year 2020 (Public Law 116–92; 10 U.S.C. 221
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note).
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SEC. 6. EXEMPTION FROM ECONOMY ACT FOR CERTAIN RE-
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QUESTS MADE THROUGH THE NATIONAL
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INTERAGENCY FIRE CENTER.
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Section 1535(b) of title 31, United States Code (com-
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monly known as the ‘‘Economy Act’’), shall not apply to
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any assistance provided by the Department of Defense to
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the Federal Emergency Management Agency or a Federal
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land management agency under a request—
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(1) made through the National Interagency
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Fire Center; and
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(2) pertaining to an area covered by a declara-
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tion of a major disaster or emergency under section
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401 of the Robert T. Stafford Disaster Relief and
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Emergency Assistance Act (42 U.S.C. 5170).
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SEC. 7. GUIDANCE FOR USE OF UNMANNED AIRCRAFT SYS-
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TEMS BY THE NATIONAL GUARD.
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(a) NEW GUIDANCE.—Not later than 90 days after
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the date of the enactment of this Act, the Secretary of
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Defense shall issue new guidance that treats the use of
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unmanned aircraft systems by the National Guard for cov-
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ered activities in a manner no more restrictive than the
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use of other aircraft for covered activities.
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•HR 1242 IH
(b) COVERED ACTIVITIES DEFINED.—In this section,
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‘‘covered activities’’ means the following:
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(1) Emergency operations.
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(2) Search and rescue operations.
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(3) Defense support to civil authorities.
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(4) Support under section 502(f) of title 32,
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United States Code.
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SEC. 8. STUDY ON USE OF CH–47 CHINOOKS TO RESPOND
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TO WILDFIRES.
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Not later one year after the date of the enactment
10
of this Act, the Secretary of Agriculture, the Secretary of
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the Interior, and the Secretary of Homeland Security shall
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jointly submit to Congress a report—
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(1) on the feasibility and effectiveness of using
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CH–47 Chinooks with firefighting modifications
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to—
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(A) respond to wildfires; and
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(B) perform search and rescue activities;
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and
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(2) that identifies the governmental organiza-
20
tions (including Federal, State, and local govern-
21
ment organizations) that would be most effective
22
with respect to using the aircraft described in para-
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•HR 1242 IH
graph (1) to carry out the activities specified in that
1
paragraph.
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