10 U.S.C. § 7687 — Sale of excess, obsolete, or unserviceable ammunition and ammunition components

submitted 29 years ago by Pub. L. 105-85 to r/title-10-ARMED-FORCES · 554 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Army may sell old, excess, or broken ammunition to licensed manufacturers who agree to destroy and recycle it, or whose planned use the Army approves. Sales generally must use competitive bidding, and buyers must agree to protect the United States from liability.

(a) Authority To Sell Outside DoD: The Secretary of the Army may sell excess, obsolete, or unserviceable ammunition or ammunition components (not yet demilitarized) to an eligible purchaser described in (c), if either: (1) the purchaser agrees in advance to demilitarize the items and to reclaim, recycle, or reuse their component parts or materials; or (2) the Secretary, or a designated Department of the Army official, approves the purchaser's proposed use as consistent with the public interest. (b) Method of Sale: The Secretary must use competitive bidding to sell these items, unless the Secretary determines there's only one likely buyer for what's being offered. (c) Eligible Purchasers: The buyer must be a licensed manufacturer (as defined in 18 U.S.C. § 921(a)(10)) who the Secretary determines can modify, reclaim, transport, and either store or sell the items being purchased. (d) Hold Harmless Agreement: The Secretary must require the buyer to agree to protect and reimburse the United States against any claim for death, injury, or other loss from using the items — except where a U.S. representative acted with willful misconduct or gross negligence. (e) Verification of Demilitarization: The Secretary must set up procedures, including on-site checks, to make sure the buyer actually demilitarizes the items as agreed under (a)(1). (f) Consideration: Instead of cash, the Secretary may accept ammunition, ammunition components, or demilitarization services as payment, as long as their fair market value equals or exceeds the fair market value — or, if higher, the sale price — of the items sold. (g) Relationship to Arms Export Control Act: Nothing here changes how the Arms Export Control Act (22 U.S.C. § 2778) applies to sales of items on the United States Munitions List. (h) Definitions: (1) "Excess, obsolete, or unserviceable" means the ammunition or components are no longer needed for war reserves, Army training, or ammunition production. (2) "Demilitarize" means destroying the item's military value — including mutilating, scrapping, melting, burning, or otherwise altering it so it can no longer be used for the military or lethal purpose it was designed for.

the actual law source: uscode.house.gov ↗public domain

(a)Authority To Sell Outside DoD.—

The Secretary of the Army may sell to an eligible purchaser described in subsection (c) ammunition or ammunition components that are excess, obsolete, or unserviceable and have not been demilitarized if—

(1)

the purchaser enters into an agreement, in advance, with the Secretary—

(A)

to demilitarize the ammunition or components; and

(B)

to reclaim, recycle, or reuse the component parts or materials; or

(2)

the Secretary, or an official of the Department of the Army designated by the Secretary, approves the use of the ammunition or components proposed by the purchaser as being consistent with the public interest.

(b)Method of Sale.—

The Secretary shall use competitive procedures to sell ammunition and ammunition components under this section, except that the Secretary may use procedures other than competitive procedures in any case in which the Secretary determines that there is only one potential buyer of the items being offered for sale.

(c)Eligible Purchasers.—

To be eligible to purchase excess, obsolete, or unserviceable ammunition or ammunition components under this section, the purchaser shall be a licensed manufacturer (as defined in section 921(a)(10) of title 18) that, as determined by the Secretary, has a capability to modify, reclaim, transport, and either store or sell the ammunition or ammunition components sought to be purchased.

(d)Hold Harmless Agreement.—

The Secretary shall require a purchaser of ammunition or ammunition components under this section to agree to hold harmless and indemnify the United States from any claim for damages for death, injury, or other loss resulting from a use of the ammunition or ammunition components, except in a case of willful misconduct or gross negligence of a representative of the United States.

(e)Verification of Demilitarization.—

The Secretary shall establish procedures for ensuring that a purchaser of ammunition or ammunition components under this section demilitarizes the ammunition or ammunition components in accordance with any agreement to do so under subsection (a)(1). The procedures shall include onsite verification of demilitarization activities.

(f)Consideration.—

The Secretary may accept ammunition, ammunition components, or ammunition demilitarization services as consideration for ammunition or ammunition components sold under this section. The fair market value of any such consideration shall be equal to or exceed the fair market value or, if higher, the sale price of the ammunition or ammunition components sold.

(g)Relationship to Arms Export Control Act.—

Nothing in this section shall be construed to affect the applicability of section 38 of the Arms Export Control Act (22 U.S.C. 2778) to sales of ammunition or ammunition components on the United States Munitions List.

(h)Definitions.—

In this section:

(1)

The term “excess, obsolete, or unserviceable”, with respect to ammunition or ammunition components, means that the ammunition or ammunition components are no longer necessary for war reserves or for support of training of the Army or production of ammunition or ammunition components.

(2)

The term “demilitarize”, with respect to ammunition or ammunition components—

(A)

means to destroy the military offensive or defensive advantages inherent in the ammunition or ammunition components; and

(B)

includes any mutilation, scrapping, melting, burning, or alteration that prevents the use of the ammunition or ammunition components for the military purposes for which the ammunition or ammunition components was designed or for a lethal purpose.

Source credit: (Added Pub. L. 105–85, div. A, title X, § 1065(a)(1), Nov. 18, 1997, 111 Stat. 1893, § 4687; amended Pub. L. 109–364, div. A, title X, § 1071(a)(30), Oct. 17, 2006, 120 Stat. 2399; renumbered § 7687, Pub. L. 115–232, div. A, title VIII, § 808(d), Aug. 13, 2018, 132 Stat. 1839.)

history & why it existsrecord from the source credit

1997Enacted · Pub. L. 105-85 · 111 Stat. 1893
2006Amended · Pub. L. 109-364 · 120 Stat. 2399
2018Amended · Pub. L. 115-232 · 132 Stat. 1839

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-85 on 1997-11-18.

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