WIX Archives
The Bill, S.1155, S1416 -Read the draft here (long)
Posted by Legal ResearcherTony on Fri Nov 09, 2001 06:29:23 AM
In reply top Re: De-Mil Provision Removed From Appropriations Bill! posted by Mark Clark on Thu Nov 08, 2001 08:59:19 PM
Firstly, welcome to our corner of the web Mark, look forward to you getting involved in some of our errr.. "discussions" on the cost of Warbirds, market values etc :0)
I would imagine, that Bob Stump, as a Navy Combat veteran, and I believe, Chairman of the Veterans Commitee, would definitely be a worthy ally. Has anyone contacted George Bush Sr.? I understand, he is sympathetic to the warbird community, viz his support of the TBM painted as "his" aircraft etc.
Having read through the drafts of the bill, I would think, it could be successfully argued, that a de-mil of most warbirds, would involve removing the offensive capability, guns, hardpoints etc, though it would probably be illegal, to mount a K14 in your de-milled warbird.
Anyway, there is nothing in here, a good or even mediocre lawyer, couldn't successfully argue in court
Tony :0)
S.1155
National Defense Authorization Act for Fiscal Year 2002 (Introduced in the Senate)
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nse.
SEC. 921. 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 2572 the following new section:
`Sec. 2573. 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 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 GOVERNMENT- When the Secretary of Defense requires the return of significant military equipment for demilitarization by the 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 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 shall issue regulations to prescribe what constitutes demilitarization for each type of significant military equipment, with the objective of ensuring that the equipment does not pose a significant risk to public safety and does not provide a significant weapon capability or military-unique capability and ensure that any person from whom private property is taken for public use under this section receives just compensation.
`(e) EXCEPTIONS- This section does not apply--
`(1) when a person is in possession of significant military equipment formerly owned by the Department of Defense for the purpose of demilitarizing the equipment pursuant to a 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 modified demilitarization has been performed in accordance with the Department of Defense Demilitarization Manual, DoD 4160.21-M-1; or
`(4) to other issues and un-demilitarized significant military equipment under the provisions of the provisions of the Department of Defense Demilitarization Manual, DoD 4160.21-M-1.
`(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 section 121.1 of title 22, Code of Federal Regulations; and 46
(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 inserting after the item relating to section 2572 the following new item:
`2573. Continued authority to require demilitarization of significant military equipment after disposal.'.
S.1416
National Defense Authorization Act for Fiscal Year 2002 (Placed on the Calendar in the Senate)
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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.
: I am not sure that is correct. I spoke today with people f
: rom Bob Stumps office and Jim Inhoff's office. They both s
: aid the committee was still meeting and that they had no i
: nfo on the removal of 1062. I did receive a letter from St
: ump last week that he said he will do everything in his po
: wer to have it removed.
: I feel we will win but the fight is not over yet.
:
: Mark Clark
: Courtesy Aircraft
: I have suggested that anyone who knows a person in power
: that can pick up the phone and speak with their Senator or
: Rep needs to do it. We need to speak to the top people no
: t just the lower level staffers.