Title: Emergency Aircraft Act of 2022
Policy area: Armed Forces and National Security

Summary:
Emergency Aircraft Act of 2022
This bill modifies the authority of the Department of Defense (DOD) related to the transfer of excess aircraft for wildfire emergencies, including to authorize DOD to transfer excess aircraft to a state for wildfire suppression, search and rescue, or emergency operations pertaining to wildfires.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4672 Introduced in Senate (IS)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Aircraft Act of 2022''.

SEC. 2. 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.
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