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Congressional Daily Record
This section is about changes proposed to a bill or resolution. It mentions members such as Jerry Moran.
Issued
June 24, 2026
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Download official Senate Record PDFReturn to issue contextSA 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.