§7687 Sale of excess, obsolete, or unserviceable ammunition and ammunition components

Summary

The Secretary of the Army may sell excess, obsolete, or unserviceable ammunition and parts to eligible buyers if the buyer agrees to demilitarize and recycle or reuse the materials, or if the Army approves the buyer’s planned non-military use as being in the public interest. Sales should be done by competitive methods unless the Secretary finds only one possible buyer. Buyers must be a licensed manufacturer as defined in 18 U.S.C. 921(a)(10) and must have the ability to modify, reclaim, move, and either store or sell the items they buy. Buyers must agree to protect the United States from claims for death, injury, or other loss, except for willful misconduct or gross negligence by a U.S. representative. The Army must set up procedures, including on-site checks, to verify demilitarization. The Army may accept ammunition, parts, or demilitarization services as payment, but what it accepts must be worth at least the fair market value or, if higher, the sale price. The sale rules do not change export controls under 22 U.S.C. 2778. Definitions: “excess, obsolete, or unserviceable” — not needed for war reserves, training, or production. “Demilitarize” — destroy military use, for example by mutilating, scrapping, melting, burning, or altering so it can’t be used for military or lethal purposes.