2nd_Amendment
09-19-2001, 02:34 PM
From http://thomas.loc.gov
quote:
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S.1155
National Defense Authorization Act for Fiscal Year 2002 (Introduced in the Senate)
SEC. 921. AUTHORITY TO ENSURE DEMILITARIZATION OF SIGNIFICANT MILITARY EQUIPMENT
FORMERLY OWNED BY THE DEPARTMENT OF DEFENSE.
(a) IN GENERAL- Chapter 153 of title 10, United States Code, is amended by inserting after section 2572 the following new section:
`Sec. 2573. Continued authority to require demilitarization of significant military equipment after disposal
`(a) AUTHORITY TO REQUIRE DEMILITARIZATION- The Secretary of Defense may require any person in possession of significant
military equipment formerly owned by the Department of Defense--
`(1) to demilitarize the equipment:
`(2) to have the equipment demilitarized by a third party; or
`(3) to return the equipment to the Government for demilitarization.
`(b) COST AND VALIDATION OF DEMILITARIZATION- When the demilitarization of significant military equipment is carried out by the
person in possession of the equipment pursuant to paragraph (1) or (2) of subsection (a), the person shall be solely responsible for all
demilitarization costs, and the United States shall have the right to validate that the equipment has been demilitarized.
`(c) RETURN OF EQUIPMENT TO GOVERNMENT- When the Secretary of Defense requires the return of significant military equipment
for demilitarization by the Government, the Secretary shall bear all costs to transport and demilitarize the equipment. If the person in possession
of the significant military equipment obtained the property in the manner authorized by law or regulation and the Secretary determines that the
cost to demilitarize and return the property to the person is prohibitive, the Secretary shall reimburse the person for the purchase cost of the
property and for the reasonable transportation costs incurred by the person to purchase the equipment.
`(d) ESTABLISHMENT OF DEMILITARIZATION STANDARDS- The Secretary shall issue regulations to prescribe what constitutes
demilitarization for each type of significant military equipment, with the objective of ensuring that the equipment does not pose a significant risk
to public safety and does not provide a significant weapon capability or military-unique capability and ensure that any person from whom
private property is taken for public use under this section receives just compensation.
`(e) EXCEPTIONS- This section does not apply--
`(1) when a person is in possession of significant military equipment formerly owned by the Department of Defense for the purpose of
demilitarizing the equipment pursuant to a Government contract.
`(2) to small arms weapons issued under the Defense Civilian Marksmanship Program established in Title 36, United States Code.
`(3) to issues by the Department of Defense to museums where modified demilitarization has been performed in accordance with the
Department of Defense Demilitarization Manual, DoD 4160.21-M-1; or
`(4) to other issues and un-demilitarized significant military equipment under the provisions of the provisions of the Department of
Defense Demilitarization Manual, DoD 4160.21-M-1.
`(f) DEFINITION OF SIGNIFICANT MILITARY EQUIPMENT- In this section, the term `significant military equipment' means--
`(1) an article for which special export controls are warranted under the Arms Export Control Act (22 U.S.C. 2751 et seq.) because of
its capacity for substantial military utility or capability, as identified on the United States Munitions List maintained under section 121.1 of
title 22, Code of Federal Regulations; and 46
(2) any other article designated by the Department of Defense as requiring demilitarization before its disposal.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to
section 2572 the following new item:
`2573. Continued authority to require demilitarization of significant military equipment after disposal.'.
It's things like this which can now slip through the budget process and into our lives almost unnoticed which we must guard against in the ensuing months. This POS was introduced on June 29, 2001 by Senator Carl Levin (D - MI) and Senator John Warner (R - VA)
quote:
--------------------------------------------------------------------------------
S.1155
National Defense Authorization Act for Fiscal Year 2002 (Introduced in the Senate)
SEC. 921. AUTHORITY TO ENSURE DEMILITARIZATION OF SIGNIFICANT MILITARY EQUIPMENT
FORMERLY OWNED BY THE DEPARTMENT OF DEFENSE.
(a) IN GENERAL- Chapter 153 of title 10, United States Code, is amended by inserting after section 2572 the following new section:
`Sec. 2573. Continued authority to require demilitarization of significant military equipment after disposal
`(a) AUTHORITY TO REQUIRE DEMILITARIZATION- The Secretary of Defense may require any person in possession of significant
military equipment formerly owned by the Department of Defense--
`(1) to demilitarize the equipment:
`(2) to have the equipment demilitarized by a third party; or
`(3) to return the equipment to the Government for demilitarization.
`(b) COST AND VALIDATION OF DEMILITARIZATION- When the demilitarization of significant military equipment is carried out by the
person in possession of the equipment pursuant to paragraph (1) or (2) of subsection (a), the person shall be solely responsible for all
demilitarization costs, and the United States shall have the right to validate that the equipment has been demilitarized.
`(c) RETURN OF EQUIPMENT TO GOVERNMENT- When the Secretary of Defense requires the return of significant military equipment
for demilitarization by the Government, the Secretary shall bear all costs to transport and demilitarize the equipment. If the person in possession
of the significant military equipment obtained the property in the manner authorized by law or regulation and the Secretary determines that the
cost to demilitarize and return the property to the person is prohibitive, the Secretary shall reimburse the person for the purchase cost of the
property and for the reasonable transportation costs incurred by the person to purchase the equipment.
`(d) ESTABLISHMENT OF DEMILITARIZATION STANDARDS- The Secretary shall issue regulations to prescribe what constitutes
demilitarization for each type of significant military equipment, with the objective of ensuring that the equipment does not pose a significant risk
to public safety and does not provide a significant weapon capability or military-unique capability and ensure that any person from whom
private property is taken for public use under this section receives just compensation.
`(e) EXCEPTIONS- This section does not apply--
`(1) when a person is in possession of significant military equipment formerly owned by the Department of Defense for the purpose of
demilitarizing the equipment pursuant to a Government contract.
`(2) to small arms weapons issued under the Defense Civilian Marksmanship Program established in Title 36, United States Code.
`(3) to issues by the Department of Defense to museums where modified demilitarization has been performed in accordance with the
Department of Defense Demilitarization Manual, DoD 4160.21-M-1; or
`(4) to other issues and un-demilitarized significant military equipment under the provisions of the provisions of the Department of
Defense Demilitarization Manual, DoD 4160.21-M-1.
`(f) DEFINITION OF SIGNIFICANT MILITARY EQUIPMENT- In this section, the term `significant military equipment' means--
`(1) an article for which special export controls are warranted under the Arms Export Control Act (22 U.S.C. 2751 et seq.) because of
its capacity for substantial military utility or capability, as identified on the United States Munitions List maintained under section 121.1 of
title 22, Code of Federal Regulations; and 46
(2) any other article designated by the Department of Defense as requiring demilitarization before its disposal.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to
section 2572 the following new item:
`2573. Continued authority to require demilitarization of significant military equipment after disposal.'.
It's things like this which can now slip through the budget process and into our lives almost unnoticed which we must guard against in the ensuing months. This POS was introduced on June 29, 2001 by Senator Carl Levin (D - MI) and Senator John Warner (R - VA)