[MilSurplus] Sec 1062 of S.1416
A message appeared on the list indicating we were in trouble because all military stuff would no longer be available. Itlookls like it was a scare tactic as can be seen by reading the entire contents of this section. Basically they are talking about weapons. 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. 73 Bob Wilder, AF2HD / AFA2HD TSgt, USAF (Retired) 6032 Idlemoore Court Theodore, Alabama 36582-4036 (251)653-5274 *************************************************** <http://home.earthlink.net/~bwild/index.html> Region 2 MARS (REMOVED PER ORDER OF RMD) <bwild@earthlink.net> <af2hd@arrl.net> *************************************************** This message certified virus free by using AVG ver. 6.0 antivirus software. See <http://www.grisoft.com> for your copy of the software and protect yourself and friends. --- Submissions milsurplus@qth.net ----- End forwarded message ----- -- Dave Emery N1PRE, die@die.com DIE Consulting, Weston, Mass. PGP fingerprint = 2047/4D7B08D1 DE 6E E1 CC 1F 1D 96 E2 5D 27 BD B0 24 88 C3 18
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Bob Wilder