From: Ryan Gill (rmgill@mindspring.com)
Date: Fri Jan 28 2005 - 08:36:26 PST
[I've cc'd this to Marc at VMMV so Alan can comment as he was key in
getting this bit of trash legislation killed in committee at the last
moment.]
At 11:04 AM -0500 1/28/05, aussierob wrote:
>Hello it's Auusi Robb here:
>Who out there might have the info on those two years when the Bill to demil
>out Warbirds and MV nearly was slipped well hidden, under our noses.
>Does anybody have the
>[1]
>Bill Sponsors name/s
The overall bill was pretty big and had something like 250 amendments to it.
According to my e-mails back then, Howard Wright has info assinging
the blame to Sen Levin from MI.
>[2]
>the exact wording ?
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.
>
>[3]
>The number of each Bill ?
S1438/Sec 1062 of the 107th Congress
http://thomas.loc.gov/cgi-bin/query/F?c107:2:./temp/~c107O5NHKj:e569188:
>
>[4]Where these Bills were hidden ...I believe they were
>hidden inside a much larger group of legislation, all too secretly.
They were tucked into a larger budgetary defense appropriations bill.
>
>[5]
>How close did these Bills come to being passed?
It was pretty touch and go there and was pretty close. As I
understand it, Alan Cors and a couple of other people pulled a nice
hat trick and managed to get it pulled out. He might be able to
explain in more detail. According to John Adams Graf:
"The reconciled bill now goes simultaneously
to the House and Senate for approval. If the entire bill is not
approved at either position, it goes back to committee for
"re-reconciliation". The process continues until both the House and
Senate approves the reconciled language. THEN, it goes to the President
for signature. Of course, President Bush always has the right to not
sign it, which, in that worst-case scenario, means it goes all the way
back to square one. Word from the Hill is that the goal is to have the
Bill ready for the President's signature, before Congress adjourns on 21
December 2001."
>In my circles, I have some people who just don't
>think that "they" would do this and get it passed.
Tell them it was very close. Like most laws it wasn't necessarily
onerous, but the devil is in the details of how it's actually
applied. The law ran roughshod over a lot of private property rights.
>Quite frankly, I need this to wipe the egg off my face.
Its been in legislation several times. Do a search on Thomas on the phrase:
"AUTHORITY TO ENSURE DEMILITARIZATION"
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