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 DEMILITARIZATON- 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 DEMILITARIZATON 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 undemilitarized 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.'. [OBA Note - this is the "catch all" to say that any and everything can be labeled "significant military equipment" to force it's destruction at will.]
(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.'. [You obtain it, but they retain control in perpetuity.]