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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