From: Beth C. (bcarrell@neo.rr.com)
Date: Wed Jun 25 2003 - 08:33:03 PDT
I could not find the referred to section 1044 ( I did see that section and
it wasn't SME stuff) in the HR1588. Could someone please advise a link to
this information.
Thanks, Tom C.
71 Gamagoat
----- Original Message -----
From: <bolton8@juno.com>
To: "Military Vehicles Mailing List" <mil-veh@mil-veh.org>
Sent: Monday, June 23, 2003 9:45 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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