Sec. 513. National Guard civil and defense support activities and related matters
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Chapter 1 of title 32, United States Code, is amended by adding at the end the following new section: This section authorizes the operational use of the National Guard and recognizes that the basic premise of both the National Incident Management System and the National Response Framework is that— incidents are typically managed at the local level first; and local jurisdictions retain command, control, and authority over response activities for their jurisdictional areas. Members and units of the National Guard shall be authorized to support firefighting operations, missions, or activities, including aerial firefighting employment of the Modular Airborne Firefighting System (MAFFS), undertaken in support of a civilian authority or a State or Federal agency.
For the purposes of paragraph (1)— the Governor of a State shall be the principal civilian authority; and the adjutant general of the State shall be the principal military authority, when acting in his or her State capacity, and 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 deems appropriate to employ necessary forces when funds to perform such operations, missions, or activities are reimbursed. .
The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 116. Operational use of the National Guard. . Section 328(b) of title 32, United States Code, is amended— by inserting duty as specified in section 116(b) of this title or may perform after subsection
(a)may perform ; and by inserting
(A)and
(B)after specified in section 502(f)(2) . Section 709(a)(3) of title 32, United States Code, is amended by inserting duty as specified in section 116(b) of this title or after
(3)the performance of .