II 

117TH CONGRESS 

2D SESSION S. 4672 

To modify the authority of the Secretary of Defense to transfer excess 

aircraft to other departments of the Federal Government and to authorize 

the Secretary to transfer excess aircraft to the Governor of a State, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 28, 2022 

Mr. PADILLA (for himself and Mr. CRAMER) introduced the following bill; 

which was read twice and referred to the Committee on Armed Services 

A BILL 

To modify the authority of the Secretary of Defense to 

transfer excess aircraft to other departments of the Federal Government and to authorize the Secretary to transfer excess aircraft to the Governor of a State, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Emergency Aircraft 

5 Act of 2022’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 4672 IS

1 SEC. 2. MODIFICATION OF AUTHORITY OF SECRETARY OF 

2 DEFENSE TO TRANSFER EXCESS AIRCRAFT 

3 TO OTHER DEPARTMENTS OF THE FEDERAL 

4 GOVERNMENT AND AUTHORITY TO TRANS5 FER EXCESS AIRCRAFT TO STATES. 

6 Section 1091 of the National Defense Authorization 

7 Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 

8 2576 note) is amended— 

9 (1) in the section heading, by inserting ‘‘AND

10 TO STATES’’ after ‘‘FEDERAL GOVERNMENT’’; 

11 (2) in subsection (a), in the first sentence, by 

12 striking ‘‘and the Secretary of Homeland Security 

13 for use by the Forest Service and the United States 

14 Coast Guard’’ and inserting ‘‘for use by the Forest 

15 Service, to the Secretary of Homeland Security for 

16 use by the United States Coast Guard, and to the 

17 Governor of a State’’; 

18 (3) in subsection (b)— 

19 (A) in paragraph (1), by striking ‘‘or the 

20 United States Coast Guard as a suitable plat21 form to carry out their respective missions’’ and 

22 inserting ‘‘, the United States Coast Guard, or 

23 the Governor of a State, as the case may be, as 

24 a suitable platform to carry out wildfire sup25 pression, search and rescue, or emergency oper26 ations pertaining to wildfires’’; 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 4672 IS

1 (B) in paragraph (3), by striking ‘‘; and’’ 

2 and inserting a semicolon; 

3 (C) in paragraph (4), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

5 (D) by adding at the end the following new 

6 paragraph: 

7 ‘‘(5) in the case of aircraft to be transferred to 

8 the Governor of a State, acceptable for use by the 

9 State, as determined by the Governor.’’; 

10 (4) by striking subsection (c); 

11 (5) in subsection (d)— 

12 (A) in paragraph (1)— 

13 (i) by striking ‘‘up to seven’’; and 

14 (ii) by inserting ‘‘the Governor of a 

15 State or to’’ after ‘‘offered to’’; and 

16 (B) by amending paragraph (2) to read as 

17 follows: 

18 ‘‘(2) EXPIRATION OF RIGHT OF REFUSAL.—A 

19 right of refusal afforded the Secretary of Agriculture 

20 or the Secretary of Homeland Security under para21 graph (1) with regards to an aircraft shall expire 

22 upon official notice of such Secretary to the Sec23 retary of Defense that such Secretary declines such 

24 aircraft.’’; 

25 (6) in subsection (e)— 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 4672 IS

1 (A) in the matter preceding paragraph (1), 

2 by inserting ‘‘or to the Governor of a State’’ 

3 after ‘‘the Secretary of Agriculture’’; 

4 (B) in paragraph (1), by striking ‘‘wildfire 

5 suppression purposes’’ and inserting ‘‘purposes 

6 of wildfire suppression, search and rescue, or 

7 emergency operations pertaining to wildfires’’; 

8 and 

9 (C) in paragraph (2)— 

10 (i) by inserting ‘‘, search and rescue, 

11 emergency operations pertaining to 

12 wildfires,’’ after ‘‘efforts’’; and 

13 (ii) by inserting ‘‘or Governor of the 

14 State, as the case may be,’’ after ‘‘Sec15 retary of Agriculture’’; 

16 (7) in subsection (f), by striking ‘‘or the Sec17 retary of Homeland Security’’ and inserting ‘‘, the 

18 Secretary of Homeland Security, or the Governor of 

19 a State’’; 

20 (8) in subsection (g), by striking ‘‘and the Sec21 retary of Homeland Security’’ and inserting ‘‘, the 

22 Secretary of Homeland Security, or the Governor of 

23 the State to which such aircraft is transferred’’; 

24 (9) by adding at the end the following new sub25 section: 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 4672 IS

1 ‘‘(h) REPORTING.—Not later than December 1, 2022, 

2 and annually thereafter, the Secretary of Defense shall 

3 submit to the Committees on Armed Services of the Sen4 ate and the House of Representatives a report on aircraft 

5 transferred, during the fiscal year preceding the date of 

6 such report, to— 

7 ‘‘(1) the Secretary of Agriculture, the Secretary 

8 of Homeland Security, or the Governor of a State 

9 under this section; 

10 ‘‘(2) the chief executive officer of a State under 

11 section 112 of the National Defense Authorization 

12 Act for Fiscal Year 2012 (Public Law 112–81; 125 

13 Stat. 1318); or 

14 ‘‘(3) the Secretary of the Air Force or the Sec15 retary of Agriculture under section 1098 of the Na16 tional Defense Authorization Act for Fiscal Year 

17 2014 (Public Law 113–66; 127 Stat. 881).’’; and 

18 (10) by redesignating subsections (d) through 

19 (h) as subsections (c) through (g), respectively. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS