We Fought This Before; Don't Let Them Get Away With It!

When Aero-News led the fight to halt forced "demilitarization" (destruction) of your property both three and two years ago, we were able to shake up our electeds enough that they removed the language from their Defense Authorization Bills. ANN Reader Scott reminded us that it's time to nail this vulture while it's in the nest; it's back!

In years past, the sponsors fo the bills played a shell game, changing the bills' numbers, to make our objections harder to coordinate; expect the same again. Your representatives and senators (most of them, anyway), listened to you the last time -- call, write, e-mail -- and don't let them forget how darned riled up this stunt makes you!

It's time to fight 'em again.

This year, the Bills (HR 1588 and S 747) aren't quite as treacherous on the surface; but they will be, if allowed to pass. Here's what the problem is:

The Department of Defense often sells surplus equipment, manuals, clothing, weapons, and machinery to the public. Before it leaves DoD authority, it is demilitarized, or "demil'd." Once in a while, the DoD screws up, and gets embarrassed by a piece of equipment that hasn't been demil'd enough, or that was sold, say, as WWI or WWII surplus, when the destruction of equipment that was going into the public's hands wasn't driven by so much governmental paranoia.

Now, though, all your military things -- your Civil War-era caplock rifle, the VFW's old howitzer, or your F-86 -- can be recalled at the DoD's whim. You will have three "choices:"

1) You can destroy it at your expense
2) You can pay somebody else to destroy it at your expense, or
3) The government will destroy it, and you get to pay the shipping, for the destruction of your own property, that the government already sold you!

This year's language is a tiny bit sneakier, in that it specifically exempts the Defense Civilian Marksmanship Program M-1 Garands that are out there (did you save your receipt?); but if your heirloom Garand (or any other weapon!) came from some other source, you're out of luck.

"Significant military equipment" specifically includes such items as some clothing, camping gear, manuals (including the B-17 repair manual, for instance). In case the government finds out you have anything it doesn't want you to have, there is also this handy catch-all, that will force you to give up for destruction, "any other article designated by the Department of Defense as requiring demilitarization."

Here's the section, from the Senate version [in HR 1588, it's Section 1044; language is virtually identical --ed.]:

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 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.'.

(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.'.

[Aero-News will soon be publishing lists of telephones and e-mails of key congressional offices. Don't let them get away with it! --ed]

FMI: http://loc.thomas.gov