Posted by Tim Way on Wednesday, September 19, 2001 at 11:52AM :
In Reply to: Mil Surplus Demil Bill is BACK! posted by Brian in Oregon on Tuesday, September 18, 2001 at 10:39PM :
This is pretty scary!
According to Section 1062 of [S.1419.PCS] “Department of Defense Authorization Act for Fiscal Year 2002”, this is the equipment that will be affected:
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(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.
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The full text of the bill can be found by going to to http://thomas.loc.gov and searching for “Department of Defense Authorization Act for Fiscal Year 2002”. Scroll down and look for “Section E—Other Matters”. Under that header is Sec. 1062.
It took some searching, but I found U.S. Munitions List (USML). It looks like it has been written pretty loosely (a.k.a. lawyer-ese) and could be interpreted in a number of ways. Here is a copy of 'Category VII-Tanks and Military Vehicles', taken right from the USML. Of particular interest are subsections ‘d’ and ‘h’.
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Category VII-Tanks and Military Vehicles
*(a) Military type armed or armored vehicles, military railway trains, and vehicles specifically designed or modified to accommodate mountings for arms or other specialized military equipment or fitted with such items.
*(b) Military tanks, combat engineer vehicles, bridge launching vehicles, half-tracks and gun carriers.
*(c) Self-propelled guns and howitzers.
(d) Military trucks, trailers, hoists, and skids specifically designed, modified, or equipped to mount or carry weapons of Categories I, II and IV or for carrying and handling the articles in paragraph (a) of Categories III and IV.
*(e) Military recovery vehicles.
*(f) Amphibious vehicles. (See § 121.4)
*(g) Engines specifically designed or modified for the vehicles in paragraphs (a), (b), (c), and (f) of this category.
(h) All specifically designed or modified components and parts, accessories, attachments, and associated equipment for the articles in this category, including but not limited to military bridging and deep water fording kits.
(i) Technical data (as defined in § 120.21 of this subchapter) and defense services (as defined in § 120.8 of this subchapter) directly related to the defense articles enumerated in paragraphs (a) through (h) of this category. (See § 125.4 of this subchapter for exemptions.) Technical data directly related to the manufacture or production of any defense articles enumerated elsewhere in this category that are designated as Significant Military Equipment (SME) shall itself be designated SME.
You can see the full text of the USML here: http://www.fas.org/spp/starwars/offdocs/itar/p121.htm#P121
Write your congressman!!!!
Hope this helps someone…
Tim Way
Albuquerque, NM
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