the property must be returned if the demilitarization 
code is subsequently changed to a Demil-D listed 
item, but there is no enforcement capability to this 
obligation. 
(6) Identification Friend or Foe equipment and 
accessories are used by the Armed Forces to main-
tain the superior ability of members of the Armed 
Forces to operate under the cover of darkness and 
in inclement conditions, while providing for identi-
fication of fellow members. 
(7) Glo-patches and other Identification Friend 
or Foe equipment and accessories are Demil-D listed 
items, which requires the total destruction of the 
property and components by melting, cutting, tear-
ing, scratching, crushing, breaking, punching, or 
neutralizing, so as to preclude restoration or repair 
to a usable condition. 
(8) Under current regulations, Identification 
Friend or Foe equipment and accessories may not be 
exported outside of the United States without ex-
press permission by the Department of Defense or 
the Department of State. 
(9) However, between August and October of 
2006, 4,800 surplus combat uniforms bearing glo- 
tape patches were inadvertently sold despite a deter-
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mination by the Department of Defense in July 
2006 that the patches had to be removed and de-
stroyed before the uniforms could be sold. 
(10) Subsequent investigation in June 2007 de-
termined that Identification Friend or Foe equip-
ment and accessories were easily obtained at retail-
ers in several areas of the United States. 
(11) On January 20, 2007, between nine and 
twelve Iraqi insurgents successfully masqueraded as 
members of the United States Armed Forces while 
dressed in United States military combat fatigues, 
and were able to kill one soldier and abduct four 
other soldiers, highlighting the dangers faced by 
members of the Armed Forces when the enemy is 
able to disguise itself as members of the United 
States Armed Forces. 
SEC. 2. PROHIBITION ON SALE OR DONATION BY THE DE-
PARTMENT OF DEFENSE OF IDENTIFICATION 
FRIEND OR FOE EQUIPMENT AND ACCES-
SORIES. 
(a) PROHIBITION.—Chapter 153 of title 10, United 
States Code, is amended by inserting after section 2572 
the following new section: 
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‘‘§ 2573. Prohibition on sale or donation of Identifica-
tion Friend or Foe equipment and acces-
sories 
‘‘(a) PROHIBITION.—The Secretary of Defense may 
not authorize the sale, resale, or donation of equipment 
or accessories of the Department of Defense designated 
as Identification Friend or Foe equipment or accessories. 
‘‘(b) EXCEPTIONS.—The prohibition contained in 
subsection (a) does not apply to the following: 
‘‘(1) The sale of Identification Friend or Foe 
equipment or accessories by the Department of De-
fense, including a nonappropriated fund instrumen-
talities of the Department, to a member of the 
armed forces possessing valid military identification 
for the member’s personal use. 
‘‘(2) The sale or donation of Identification 
Friend or Foe equipment or accessories to a mu-
seum or similar organization located in the United 
States that is involved in the preservation of equip-
ment of the armed forces for historical purposes, ex-
cept that no more than one item of each type of 
Identification Friend or Foe equipment or acces-
sories may be sold or donated to any one such mu-
seum or organization. 
‘‘(3) Such other sale or donation as the Sec-
retary of Defense determines could not result in the 
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Identification Friend or Foe equipment or acces-
sories being acquired by enemies of the United 
States. 
‘‘(c) NOTICE
OF PROHIBITION
OF SALE
OF IFF 
EQUIPMENT OR ACCESSORIES.—The Secretary of Defense 
shall require the prohibition specified in this section to be 
prominently and immediately displayed on any media that 
provides for the private purchase of surplus military 
equipment. 
‘‘(d) IDENTIFICATION FRIEND OR FOE EQUIPMENT 
OR ACCESSORY DEFINED.—In this section, the term 
‘‘Identification Friend or Foe equipment or accessory’’ 
means any system of infrared or reflective components de-
signed and manufactured at the request of, and to the 
specifications of, the Department of Defense to be used 
for the identification of a person as a member of the 
armed forces in poor lighting conditions.’’. 
(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. Prohibition on sale or donation of Identification Friend or Foe equip-
ment and accessories.’’. 
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SEC. 3. PROHIBITION ON UNAUTHORIZED POSSESSION OF 
IDENTIFICATION FRIEND OR FOE EQUIP-
MENT AND ACCESSORIES. 
Section 701 of title 18, United States Code, is 
amended— 
(1) by striking ‘‘Whoever’’ and inserting ‘‘(a) 
AGENCY
BADGES, IDENTIFICATION
CARDS, 
OR 
OTHER INSIGNIA.—Whoever’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) MILITARY IDENTIFICATION FRIEND
OR FOE 
EQUIPMENT OR ACCESSORIES.—Whoever manufactures, 
sells, or possesses any identification friend or foe equip-
ment or accessories, or any colorable imitation thereof, ex-
cept as authorized under regulations made pursuant to 
law, shall be fined under this title or imprisoned not more 
than six months, or both. In this subsection, the term 
‘‘Identification Friend or Foe equipment or accessory’’ 
means any system of infrared or reflective components de-
signed and manufactured at the request of, and to the 
specifications of, the Department of Defense to be used 
for the identification of a person as a member of the 
armed forces in poor lighting conditions.’’. 
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SEC. 4. EFFECTIVE DATE. 
The amendments made by this section shall take ef-
fect 30 days after the date of the enactment of this Act. 
Æ 
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