S. 4672Senate117th Congress (2021-2023)In Committee

Emergency Aircraft Act of 2022

Introduced July 28, 2022

AI-Generated Summary

Updated February 8, 2026 at 4:58 PM UTC

The Emergency Aircraft Act of 2022 expands the Secretary of Defense’s authority to give away surplus military aircraft. It lets the Defense Department transfer excess planes not only to other federal agencies but also directly to state governors for use in wildfire suppression, search‑and‑rescue, and other emergency operations. The bill also requires an annual report on such transfers to Congress.

Key Provisions

  • Amends the 2013 National Defense Authorization Act to add the option of transferring excess aircraft to a state governor, in addition to other federal departments.
  • Allows transferred aircraft to be used for wildfire suppression, search and rescue, or other emergency operations related to wildfires.
  • Eliminates the previous limit of “up to seven” aircraft and modifies the right‑of‑refusal process for the Secretaries of Agriculture and Homeland Security.
  • Adds a new reporting requirement: the Secretary of Defense must report each year to the Armed Services committees on aircraft transferred to federal agencies, state governors, or other designated officials.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Armed Services. (Sponsor introductory remarks on measure: CR S3785)

July 28, 2022

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SenateIntro Referral

Introduced in Senate

July 28, 2022

SenateIntro Referral

Read twice and referred to the Committee on Armed Services. (Sponsor introductory remarks on measure: CR S3785)

July 28, 2022

Floor Debate

1 member

What members said about S. 4672 on the floor

1 Democrat
Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jul 28, 2022

Mr. President, I rise to speak in support of legislation that I introduced today along with Senators Alex Padilla and John Hickenlooper. This is a companion to the bipartisan bill that Representative…

Bill Text

Latest available legislative text

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Introduced in SenateIssued July 28, 2022

II

117th CONGRESS

2d Session

S. 4672

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.

Short title

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

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.