Re: [MV] DEMIL of S. M. E.

From: mark baxter (alleywayguns@bacavalley.com)
Date: Tue Jun 24 2003 - 23:17:39 PDT


What I would like to know is, who is the Bastard that keeps putting this
into the Defense Authorization Acts? If we can find out, maybe we can help
vote em out of office!
 We have the most destructive and wasteful system of military excess
disposal of any Country I know. EVEN the anti Gun British Government sells
there old Military Surplus (except guns) to there own citizens! This even
includes tanks and APCs!
 Well here we go again, writing our congressmen and women!
 Mark M-886
----- Original Message -----
From: <bolton8@juno.com>
To: "Military Vehicles Mailing List" <mil-veh@mil-veh.org>
Sent: Monday, June 23, 2003 7:45 PM
Subject: [MV] DEMIL of S. M. E.

> GENTLEMEN,
> Once again we must put aside our petty bickering and differences, and
> unite as one against the common enemy we have defeated twice in the past
> three years, only to see it rise again to challenge us.
>
> The 'National Defence Authorization Act for Fiscal Year 2004' has been
> put on the congressional calendar as Senate Bill S.747, and House of
> Representatives Bill H. R. 1588.
> S.747 contains Section 1047. H. R. 1588 contains Section 1044.
> There is no need for me to tell you what these two (2) sections are
> about.
>
> Following my head's up is the unedited text of Sec. 1047. At the
> bottom of the page I have proved URL's to the Library of Congress web
> site of both House and Senate versions of the DEMIL Section. Fiscal
> Year 2004 starts 1 October 2003, which means this bills have to be voted
> upon by Congress during the months of July and August 2003.
> By the way, July is next week.
>
> LANCE
> MVPA 22125
> *************************************************
> S.747
> National Defense Authorization Act for Fiscal Year 2004 (Introduced in
> Senate)
> -------------------------------------------------------------------------
> -------
> SEC. 1047. 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 2582 the following new section:
>
> `Sec. 2583. 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 U.S. 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 THE UNITED STATES GOVERNMENT- When the
> Secretary of Defense requires the return of significant military
> equipment for demilitarization by the United States 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 fair market value of the property or, if the
> fair market value is not readily ascertainable, 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 of
> Defense may prescribe by regulation what constitutes demilitarization for
> each type of significant military equipment .
>
> `(e) EXCEPTIONS- This section does not apply--
>
> `(1) when a person is in possession of significant equipment formerly
> owned by the Department of Defense for the purpose of demilitarizing the
> equipment pursuant to a United States 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
> demilitarization has been performed in accordance with departmental
> regulations; and
>
> `(4) to other issues and un demilitarized significant military equipment
> under the provisions of departmental regulations.
>
> `(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 sect 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 adding at the end the following new item:
>
> `2583. Continued authority to require demilitarization of significant
> military equipment after disposal.'
>
> http://thomas.loc.gov/cgi-bin/query/F?c108:1:./temp/~c108hvCVmt:e292968:
> ****************************************
> H.R.1588
> National Defense Authorization Act for Fiscal Year 2004 (Introduced in
> House)
> -------------------------------------------------------------------------
> -------
> Sec. 1044. Authority to ensure demilitarization of significant military
> equipment formerly owned by the Department of Defense.
> http://thomas.loc.gov/cgi-bin/query/F?c108:1:./temp/~c108XC0FEI:e14325:
>
>
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