From: bolton8@juno.com
Date: Mon Jun 23 2003 - 18:45:26 PDT
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
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S.747
National Defense Authorization Act for Fiscal Year 2004 (Introduced in
Senate)
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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:
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H.R.1588
National Defense Authorization Act for Fiscal Year 2004 (Introduced in
House)
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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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