I 112th CONGRESS 1st Session H. R. 3422 IN THE HOUSE OF REPRESENTATIVES November 15, 2011 Mr. Poe of Texas (for himself and Mr. Carter) introduced the following bill; which was referred to the Committee on Armed Services A BILL To require the Secretary of Defense to transfer at least 10 percent of certain military equipment returning from Iraq to Federal and State agencies.

1.

Short title

This Act may be cited as the Send Equipment for National Defense Act or the SEND Act.

2.

Transfer of used military equipment to State and Federal agencies

(a)

In General

Not later than one year after eligible equipment returns to the United States from Iraq, and in accordance with subsections (b) and (c) of section 2576a of title 10, United States Code, the Secretary of Defense shall transfer at least 10 percent of such eligible equipment to Federal and State agencies. (b)

Preference

In considering applications for the transfer of eligible equipment, the Secretary shall give preference to Federal and State agencies that will use the eligible equipment primarily for the purpose of strengthening border security along the southern border of the United States. (c)

Waiver

The Secretary may waive the requirement under subsection (a) with respect to eligible equipment that the Secretary determines the Department of Defense needs for immediate use, if the Secretary certifies such determination to Congress. (d)

Eligible Equipment Defined

In this section, the term eligible equipment means equipment that the Secretary determines would be suitable for use by Federal and State agencies in law enforcement activities, including— (1)surveillance unmanned aerial vehicles, including the MQ–9 Reaper (also known as the Predator B); (2)night-vision goggles; and (3)high mobility multi-purpose wheel vehicles (commonly known as humvees).