[Congressional Record Volume 168, Number 156 (Tuesday, September 27, 2022)]
[Senate]
[Pages S5093-S5094]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5741. Mr. PADILLA (for himself, Mr. Cramer, and Mrs. Feinstein) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, 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 G of title X, add the following:

     SEC. 1077. 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

[[Page S5094]]

     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.
                                 ______