Here's our favorite chamelon bill in the senate. Appears to be the one we
have to be concerned about and kill. This version appears to reimburse for
costs incurred in purchase and restoration if the cost to pick up,demil, and
return is greater. Ain't that gonna make you sleep better. In the immortal
words of Dan Quayle " Happy campers they once were, happy campers they will
be." :
S 1419 PCS
Calendar No. 158
107th CONGRESS
1st Session
S. 1419
To authorize appropriations for fiscal year 2002 for military activities of
the Department of Defense, to prescribe personnel strengths for such fiscal
year for the Armed Forces, and for other purposes.
IN THE SENATE OF THE UNITED STATES
September 12, 2001
Mr. LEVIN, from the Committee on Armed Services, reported the following
original bill; which was read twice and placed on the calendar
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1062. AUTHORITY TO ENSURE DEMILITARIZATION OF SIGNIFICANT MILITARY
EQUIPMENT FORMERLY OWNED BY THE DEPARTMENT OF DEFENSE.
(a) PROHIBITION- It is unlawful for any person to possess significant
military equipment formerly owned by the Department of Defense unless--
(1) the military equipment has been demilitarized in accordance with
standards prescribed by the Secretary of Defense;
(2) the person is in possession of the military equipment for the purpose of
demilitarizing the equipment pursuant to a Federal Government contract; or
(3) the person is specifically authorized by law or regulation to possess
the military equipment.
(b) REFERRAL TO ATTORNEY GENERAL- The Secretary of Defense shall notify the
Attorney General of any potential violation of subsection (a) of which the
Secretary becomes aware.
(c) AUTHORITY TO REQUIRE DEMILITARIZATION- (1) The Attorney General may
require any person who, in violation of subsection (a), is in possession of
significant military equipment formerly owned by the Department of Defense--
(A) to demilitarize the equipment;
(B) to have the equipment demilitarized by a third party; or
(C) to return the equipment to the Federal Government for demilitarization.
(2) When the demilitarization of significant military equipment is carried
out pursuant to subparagraph (A) or (B) of paragraph (1), an officer or
employee of the United States designated by the Attorney General shall have
the right to confirm, by inspection or other means authorized by the
Attorney General, that the equipment has been demilitarized.
(3) If significant military equipment is not demilitarized or returned to
the Federal Government for demilitarization as required under paragraph (1)
within a reasonable period after the Attorney General notifies the person in
possession of the equipment of the requirement to do so, the Attorney
General may request that a court of the United States issue a warrant
authorizing the seizure of the military equipment in the same manner as is
provided for a search warrant. If the court determines that there is
probable cause to believe that the person is in possession of significant
military equipment in violation of subsection (a), the court shall issue a
warrant authorizing the seizure of such equipment.
(d) DEMILITARIZATION OF EQUIPMENT- (1) The Attorney General shall transfer
any military equipment returned to the Federal Government or seized pursuant
to subsection (c) to the Department of Defense for demilitarization.
(2) If the person in possession of significant military equipment obtained
the equipment in accordance with any other provision of law, the Secretary
of Defense shall bear all costs of transportation and demilitarization of
the equipment and shall either--
(A) return the equipment to the person upon completion of the
demilitarization; or
(B) reimburse the person for the cost incurred by that person to acquire the
equipment if the Secretary determines that the cost to demilitarize and
return the property to the person would be prohibitive.
(e) ESTABLISHMENT OF DEMILITARIZATION STANDARDS- (1) The Secretary of
Defense shall prescribe regulations regarding the demilitarization of
military equipment.
(2) The regulations shall be designed to ensure that--
(A) the equipment, after demilitarization, does not constitute a significant
risk to public safety and does not have--
(i) a significant capability for use as a weapon; or
(ii) a uniquely military capability; and
(B) any person from whom private property is taken for public use under this
section receives just compensation for the taking of the property.
(3) The regulations shall, at a minimum, define--
(A) the classes of significant military equipment requiring demilitarization
before disposal; and
(B) what constitutes demilitarization for each class of significant military
equipment.
(f) DEFINITION OF SIGNIFICANT MILITARY EQUIPMENT- In this section, the term
`significant military equipment' means equipment that has a capability
described in clause (i) or (ii) of subsection (e)(2) and--
(1) is a defense article listed on the United States Munitions List
maintained under section 38 of the Arms Export Control Act (22 U.S.C. 2778)
that is designated on that list as significant military equipment; or
(2) is designated by the Secretary of Defense under the regulations
prescribed under subsection (e) as being equipment that it is necessary in
the interest of public safety to demilitarize before disposal by the United
States.
This archive was generated by hypermail 2b29 : Mon Oct 08 2001 - 10:59:01 PDT