I posted this last week folks....
----- Original Message -----
From: "Ron" <rojoha@mediaone.net>
To: "Military Vehicles Mailing List" <mil-veh@mil-veh.org>
Sent: Wednesday, September 19, 2001 9:00 AM
Subject: [MV] DEMIL HOUSE VERSION
> H.R.2586
> National Defense Authorization Act for Fiscal Year 2002 (Introduced in the
> House)
>
> TITLE IX--GENERAL PROVISIONS
>
> Subtitle C--Other Matters
>
> SEC. 921. AUTHORITY TO ENSURE DEMILITARIZATION OF SIGNIFICANT MILITARY
> EQUIPMENT FORMERLY OWNED BY THE DEPARTMENT OF DEFENSE
>
>
> 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 undemilitarized 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
>
> (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.'
>
>
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This archive was generated by hypermail 2b29 : Mon Oct 08 2001 - 10:59:01 PDT