PolicyBrief
S. 2334
119th CongressJul 17th 2025
Waste and Illegal Property Eradication (WIPE) Act
IN COMMITTEE

The Waste and Illegal Property Eradication (WIPE) Act authorizes the Department of Defense to use portable solid waste disposal systems for destroying seized contraband and classified materials, while prohibiting the use of open-air burn pits for such items.

Peter Welch
D

Peter Welch

Senator

VT

LEGISLATION

DOD Bans Open-Air Burning of Contraband, Shifts $9 Million to Mobile Incinerators

The new Waste and Illegal Property Eradication (WIPE) Act is essentially giving the Department of Defense (DOD) a high-tech, mobile trash service for sensitive items. The core of this legislation is a major logistical pivot: the DOD is now authorized to buy and use special, portable solid waste disposal systems—think state-of-the-art mobile incinerators—specifically to destroy things like seized illegal contraband, counterfeit goods, unauthorized military gear, and classified documents.

The End of the Burn Pit for Sensitive Stuff

This bill explicitly bans the use of open-air burn pits for getting rid of illicit contraband, classified military equipment, or hazardous waste materials. This is a big deal, especially considering the long-term health issues linked to burn pits used overseas. Instead of tossing sensitive material into a smoky pit, the DOD must now use these secure, portable systems. The bill mandates that these new disposal units be deployed to support border security operations, counter-smuggling efforts, and allied forces. For a soldier or contractor working near a forward operating base, this means less exposure to potentially toxic smoke from burning sensitive materials, which is a clear win for health and security.

Following the Money: $9 Million Swap

How is the DOD paying for this upgrade? The WIPE Act is funding the new systems through a direct budget swap for Fiscal Year 2026. The bill earmarks $8,950,000 for “Other Procurement, Army” to purchase these systems. To keep the budget flat, that exact amount is being cut from the “Operation and Maintenance, Army, Additional Activities, Overseas Operating Costs” line—specifically the money previously set aside for using open-air burn pits during contingency operations. This move locks in the shift away from burn pits for these specific items by literally removing the funding mechanism that supported them.

What Does “Illegal Property” Even Mean?

While the ban on burning classified documents and hazardous waste in open pits is straightforward and positive, the bill introduces a degree of vagueness regarding the destruction authority. The Secretary of Defense now has the green light to destroy items broadly defined as “illegal contraband” or “unauthorized military gear.” For the average person, this means the DOD’s authority to destroy seized items on the spot is expanding. While the intent is to quickly eliminate things like smuggled drugs or fake military uniforms, the broad terminology could allow for wide interpretation of what constitutes “unauthorized” property that can be summarily destroyed using these new mobile units, potentially impacting how property seizures are handled near border zones.