[Congressional Record Volume 167, Number 192 (Tuesday, November 2, 2021)]
[Senate]
[Pages S7655-S7656]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.
                                 ______