Text of Senate Amendment 6541

On 2026-06-24, Senator Jerry Moran (R-KS) delivered a floor speech titled "Text Of Senate Amendment 6541" in the Senate.

Text of Senate Amendment 6541

Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [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. ______