[Congressional Record Volume 168, Number 143 (Wednesday, September 7, 2022)]
[Senate]
[Page S4488]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5497. Mr. DURBIN (for himself and Ms. Duckworth) submitted an 
amendment intended to be proposed by him to the bill S. 4543, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, 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 D of title I, add the following:

     SEC. 144. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF C-40 
                   AIRCRAFT.

       (a) Prohibition.--None of the funds authorized to be 
     appropriated by this Act for fiscal year 2023 for the Air 
     Force may be obligated to retire, prepare to retire, or place 
     in storage or on backup aircraft inventory status any C-40 
     aircraft.
       (b) Exception.--
       (1) In general.--The prohibition under subsection (a) shall 
     not apply to an individual C-40 aircraft that the Secretary 
     of the Air Force determines, on a case-by-case basis, to be 
     no longer mission capable because of a Class A mishap.
       (2) Certification required.--If the Secretary determines 
     under paragraph (1) that an aircraft is no longer mission 
     capable, the Secretary shall submit to the congressional 
     defense committees a certification that the status of such 
     aircraft is due to a Class A mishap and not due to lack of 
     maintenance or repairs or other reasons.

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