Modification of authority of Secretary of Defense to transfer excess aircraft to other departments of the Federal Government and authority to transfer excess aircraft to States

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)in the section heading, by inserting

and to States

after

Federal Government

;(2)in subsection (a), in the first sentence, by striking and the Secretary of Homeland Security for use by the Forest Service and the United States Coast Guard and inserting for use by the Forest Service, to the Secretary of Homeland Security for use by the United States Coast Guard, and to the Governor of a State;(3)in subsection (b)—(A)in paragraph (1), by striking or the United States Coast Guard as a suitable platform to carry out their respective missions and inserting , the United States Coast Guard, or the Governor of a State, as the case may be, as a suitable platform to carry out wildfire suppression, search and rescue, or emergency operations pertaining to wildfires;(B)in paragraph (3), by striking ; and and inserting a semicolon;(C)in paragraph (4), by striking the period at the end and inserting ; and; and(D)by adding at the end the following new paragraph:

(5)in the case of aircraft to be transferred to the Governor of a State, acceptable for use by the State, as determined by the Governor.

;

(4)by striking subsection (c);(5)in subsection (d)—(A)in paragraph (1)—(i)by striking up to seven; and(ii)by inserting the Governor of a State or to after offered to; 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.

;

(6)in subsection (e)—(A)in the matter preceding paragraph (1), by inserting or to the Governor of a State after the Secretary of Agriculture;(B)in paragraph (1), by striking wildfire suppression purposes and inserting purposes of wildfire suppression, search and rescue, or emergency operations pertaining to wildfires; and(C)in paragraph (2)—(i)by inserting , search and rescue, emergency operations pertaining to wildfires, after efforts; and(ii)by inserting or Governor of the State, as the case may be, after Secretary of Agriculture;(7)in subsection (f), by striking or the Secretary of Homeland Security and inserting , the Secretary of Homeland Security, or the Governor of a State;(8)in subsection (g), by striking and the Secretary of Homeland Security and inserting , the Secretary of Homeland Security, or the Governor of the State to which such aircraft is transferred;(9)by adding at the end the following new subsection:

(h)

Reporting

Not later than December 1, 2022, and annually thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on aircraft transferred, during the fiscal year preceding the date of such report, to—(1)the Secretary of Agriculture, the Secretary of Homeland Security, or the Governor of a State 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; 125 Stat. 1318); or(3)the Secretary of the Air Force or the Secretary of Agriculture under section 1098 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 881).

; and

(10)by redesignating subsections (d) through (h) as subsections (c) through (g), respectively.