[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Page S3676]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6541. Mr. MORAN (for himself and Mr. Cotton) submitted an 
amendment intended to be proposed by him to the bill S. 4784, to 
authorize appropriations for fiscal year 2027 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 appropriate place in subtitle B of title I, insert 
     the following:

     SEC. __. AUTHORITY TO ENTER INTO LONG-TERM LEASES FOR HIGH 
                   ACCURACY DETECTION AND EXPLOITATION SYSTEM 
                   AIRCRAFT.

       (a) Authority.--In accordance with section 3671(b)(1)(A) of 
     title 10, United States Code, the Secretary of the Army may 
     enter into one or more contracts for the long-term lease or 
     charter (as defined in section 3674 of such title) of 
     aircraft and associated mission equipment, service, and 
     support for the High Accuracy Detection and Exploitation 
     System (HADES) program.
       (b) Contract Terms and Conditions.--A contract entered into 
     under subsection (a)--
       (1) shall not exceed ten years, including options;
       (2) may include an option--
       (A) to purchase the leased aircraft, in whole or in part, 
     at any time beginning after the start of the fifth year of 
     the contract; and
       (B) to acquire title to all leased aircraft for any price, 
     whether nominal or reasonable, as determined by the Secretary 
     at the end of the contract period of performance;
       (3) notwithstanding section 3671(a)(1)(B) of title 10, 
     United States Code, shall include a provision, exercisable on 
     an annual basis, that authorizes the Secretary to terminate 
     the contract for the convenience of the Government and to 
     return the aircraft to the contractor, with such termination 
     liability as the Secretary determines to be in the best 
     interest of the United States; and
       (4) may include such other terms and conditions as the 
     Secretary determines necessary to protect the interests of 
     the United States.
       (c) Funding.--Notwithstanding section 3675 of title 10, 
     United States Code--
       (1) a contract entered into under subsection (a) shall be 
     treated, for the purposes of obligation of appropriations, as 
     an operating lease (as defined in Appendix B to Office of 
     Management and Budget Circular A-11), with budget authority 
     required only in the amount of the payments due in each 
     fiscal year, plus any cancellation or termination liability 
     for that fiscal year;
       (2) funds appropriated to the Department of the Army for 
     operation and maintenance may be obligated and expended to 
     carry out a contract entered into under subsection (a), 
     including for any return-to-service fees, monthly service 
     charges, and associated mission support costs; and
       (3) in accordance with section 3672(a) of such title, funds 
     are authorized to be appropriated to the Department of the 
     Army for the purpose of entering into and carrying out a 
     long-term lease or charter under subsection (a), subject to 
     available appropriations.
       (d) Advance Obligation Not Required.--The Secretary shall 
     not be required to obligate in the first year of the contract 
     the total amount of the lease, the estimated termination 
     liability, or the net present value of all lease payments.
       (e) Pre-award Congressional Notification.--In lieu of the 
     congressional notification requirements in sections 3671(b), 
     3672(b), and 3677 of title 10, United States Code, not later 
     than 30 days before entering into a contract under subsection 
     (a), the Secretary of the Army shall submit to the 
     congressional defense committees a notification that includes 
     the following:
       (1) A description of the proposed contract, including the 
     number of aircraft, contract term, and total estimated cost.
       (2) A comparison of the projected life-cycle cost of the 
     lease to the projected life-cycle cost of an equivalent 
     procurement.
       (3) A description of how the contract advances the 
     intelligence, surveillance, and reconnaissance requirements 
     of the Army.
       (f) Sunset.--
       (1) Authority to enter into new contracts.--The authority 
     of the Secretary to enter into a new contract under 
     subsection (a) shall expire on September 30, 2030.
       (2) Continuation of existing contracts.--The expiration of 
     authority to enter into new contracts under this subsection 
     shall not affect the validity or enforceability of, or the 
     authority of the Secretary to perform, administer, or 
     terminate, any contract entered into under subsection (a) on 
     or before September 30, 2030, including any options or 
     extensions exercised pursuant to the original terms of such 
     contract.
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