[MilSurplus] Sec 1062 of S.1416

[Bob Wilder]

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
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