S.Amdt. 4192

SA 4192. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
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 end of subtitle E of title III, add the following:

SEC. 376. TRANSFER OF EXCESS DEPARTMENT OF DEFENSE REMOTELY
PILOTED AIRCRAFT AND RELATED EQUIPMENT TO
DEPARTMENT OF HOMELAND SECURITY FOR U.S.
CUSTOMS AND BORDER PATROL PURPOSES AND
DEPARTMENT OF AGRICULTURE FOR U.S. FOREST
SERVICE PURPOSES.

(a) Offer of First Refusal Outside DoD.--
(1) In general.--Upon a determination that aircraft or
equipment specified in subsection (c) is excess to the
requirements of all components of the Department of Defense,
the Secretary of Defense shall offer to the Secretary of
Homeland Security to transfer such aircraft or equipment to
the Secretary of Homeland Security for use by U.S. Customs
and Border Patrol.
(2) Timing of offer.--Any offer under paragraph (1) for
aircraft or equipment shall be made before such aircraft or
equipment is otherwise disposed of outside the Department of
Defense.
(b) Offer of Second Refusal Outside DoD.--
(1) In general.--Upon a determination that aircraft or
equipment offered to the Secretary of Homeland Security under
subsection (a) will not be accepted by the Secretary of
Homeland Security in accordance with that subsection, the
Secretary of Defense shall offer to the Secretary of
Agriculture to transfer such aircraft or equipment to the
Secretary of Agriculture for use by the Forest Service for
wildland fire management purposes.
(2) Timing of offer.--Any offer under paragraph (1) for
aircraft or equipment shall be made before such aircraft or
equipment is otherwise disposed of outside the Department of
Defense.
(c) Aircraft and Equipment.--The aircraft and equipment
specified in this subsection is the following:
(1) Retired MQ-1 Predator, MQ-9 Reaper, RQ-4 Global Hawk,
or other remotely piloted aircraft that are excess to the
requirements of the military departments.
(2) Initial spare MQ-1 Predator, MQ-9 Reaper, RQ-4 Global
Hawk, or other remotely piloted aircraft that are excess to
the requirements of the military departments.
(3) Ground support equipment of the military departments
for MQ-1 Predator MQ-9 Reaper, RQ-4 Global Hawk, or other
remotely piloted aircraft that are excess to the requirements
of the military departments.

[[Page S7656]]

(d) Transfer.--
(1) In general.--If the Secretary of Homeland Security
accepts an offer under subsection (a), or the Secretary of
Agriculture accepts an offer under subsection (b), the
Secretary of the military department having jurisdiction over
the aircraft or equipment concerned shall transfer such
aircraft or equipment to the Secretary of Homeland Security
or the Secretary of Agriculture, as applicable.
(2) Costs.--The cost of any aircraft or equipment
transferred under paragraph (1), and the cost of transfer,
shall be borne by the Secretary of Homeland Security or the
Secretary of Agriculture, as applicable.
(e) Demilitarization.--
(1) In general.--Any aircraft or equipment transferred
under this section shall be demilitarized before transfer.
(2) Costs.--The cost of demilitarization under paragraph
(1) shall be borne by the Department of Defense.
(f) Use of Transferred Aircraft and Equipment.--
(1) Department of homeland security.--Any aircraft or
equipment transferred to the Secretary of Homeland Security
under subsection (a) shall be used by the Commissioner of
U.S. Customs and Border Patrol for border security,
enforcement of the immigration laws, and related purposes.
(2) Department of agriculture.--Any aircraft or equipment
transferred to the Secretary of Agriculture under subsection
(b) shall be used by the Chief of the U.S. Forest Service for
wildland fire management and related purposes.
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