List,
I got this update from a friend who is very interested in our battle.
> to . Completion of action on S. 1438 is expected
> today.
>
> S.1438
> Sponsor: Sen Levin, Carl(introduced 9/19/2001)
> Latest Major Action: 9/25/2001 Senate floor
> actions: Considered by
> Senate.
> Title: A bill to authorize appropriations for
> fiscal year 2002 for military
> activities of the Department of Defense, for
> military constructions, and
> for defense activities of the Department of
> Energy, to prescribe personnel
> strengths for such fiscal year for the Armed
> Forces, and for other
> purposes.
>
>
>
> S.1438
>
> National Defense Authorization Act for
> Fiscal Year 2002 (Placed on the Calendar
> in the Senate)
>
> - 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.
>*****************************************************************
>
>Thanks
>
>Creating Miracles
This archive was generated by hypermail 2b29 : Mon Oct 08 2001 - 10:59:11 PDT