This is a copy of a letter sent by Pete Moll, Executive Director of EAA Warbirds of America (This gives you a gist of how worried the bigwigs are):
WARBIRDS LEGISLATIVE ALERT
Many, if not all of you, are aware of Section 1062 of Senate Bill S.1438 (National Defense Authorization Act for FY 2002),which calls for the demilitarization of significant military equipment formerly owned by the Department of Defense. The bill passed in the Senate on October 3; the demilitarization language of Section 1062 was still in the bill. The House of Representatives version of the National Defense Authorization Act, H.R. 2586, did not contain a section on demilitarization.
The next step in the legislative process calls for a conference between select members of the Senate and House Armed Services Committee to reach a consensus on the final bill version. The chairman and ranking members of each committee will serve on the conference committee, in addition to
other members appointed by each side. However, we do not know who the other appointed conferees will be, nor has the conference been placed on the congressional calendar to date. The appointment of conferees and the date of the conference will be announced on the floor of House and Senate. We are monitoring both houses daily for this activity.
Many of you may have already written to your congressional representatives asking for their action in removing Section 1062 from the final version of the bill. We thank you for that help.
Now is not the time to give up. Even though we have spoken with many senators' and representatives' offices from both Armed Services Committees, it appears that our views are not getting through to the senators and representatives themselves, but rather are stopping at the staff level. We
need to ensure that the senators and representatives themselves, both Republican and Democrat, are aware of the ramifications this section, if passed, will have on their constituents and the aviation community at
large. We ask that if you have contact with any member of the Senate or House Armed Services Committee, please contact him or her personally to present our views on this critical subject.
Below are the following to help you with your notification:
1. A letter co-signed by EAA and AOPA to each Senate Armed Services Committee member
2. "Talking points" to present to the senators
3. List of Senate and House Armed Services Committee members.
Contact information for each may be found at
www.senate.gov or
www.house.gov. *****************
Dear Senator:
The Experimental Aircraft Association (EAA) and the Aircraft and Owners Pilots Association (AOPA), representing the recreational and general aviation interests of more than 500,000 pilots, aircraft owners, and aviation enthusiasts, request your support for the removal of Section 1062
of S.1438 (Authority To Ensure Demilitarization of Significant Military Equipment Formerly Owned By the Department of Defense) of the National Defense Authorization Act for Fiscal Year 2002. The House of Representatives has already removed a similar provision from its version of the Defense Authorization Bill.
The terms "Significant Military Equipment" and "Demilitarization," as used in this section, are broad and ambiguous. Legitimately acquired ex-military aircraft from many eras, commonly known as warbirds, pose no threat to the public, but instead are used to display our history as living aviation heritage. All functioning armament systems have been removed from each aircraft prior to receiving its airworthiness certificate from the Federal Aviation Administration (FAA). Furthermore, the FAA mandates an annual inspection to ensure on-going compliance with this and other safety
requirements.
The term "demilitarization" is interpreted by the Department of Defense to mean destruction when applied to aircraft. Each of these aircraft are worth anywhere from several hundred thousand dollars to well into the millions.
The destruction of thousands of warbirds will clearly have a severe economic impact on not only the owners, who will lose their aircraft, but also on museums, air shows, aviation businesses, and the U. S. military, who also utilize warbirds for demonstrations and displays. Most of all, America will lose irreplaceable living symbols of its history and the ongoing struggle to maintain freedom.
In addition, our members are deeply disturbed by the language of this section that makes possession of any significant military equipment formerly owned by the Department of Defense unlawful. It is appalling to think that we should reduce our national aviation treasures to scrap, while criminalizing ownership of these icons of freedom.
We ask for your support in deleting Section 1062 from S.1438, the National Defense Authorization Act for Fiscal Year 2002.
Sincerely,
EXPERIMENTAL AIRCRAFT ASSOCIATION AIRCRAFT OWNERS AND PILOTS ASSOCIATION
Tom Poberezny Phil Boyer
President President
P. O. Box 3086 421 Aviation Way
Oshkosh, WI 54903 Frederick, MD 21701
920-426-4800 301-695-2000
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Notes regarding current status of Section 1062 of S.1438 (Authority To Ensure Demilitarization of Significant Military Equipment Formerly Owned By the Department of Defense)
Reaction from Senate Staffers
* They do not think our concerns are legitimate
* They say that committee language explaining to DOD that this law should not be applied to WWII aircraft deals with any concerns EAA and the Warbird community has.
* This has become a big NRA issue and because of that the Warbird community is being lumped into that group, which has not been favorable to our case.
Points to make to Senators and Representatives
* Many ex-military aircraft in civilian ownership are post-WWII aircraft. The Committee language will not protect these
aircraft at all.
* After a few years go by, understanding and intent of Committee language will be "lost."
* The proposed law puts the burden of proof on the owner of the aircraft, not the government. The owner must show why he is not a threat and be "specifically authorized by law or regulation," or in the alternative, by the Attorney General, to keep his or her aircraft.
* The terms "Significant Military Equipment" and "Demilitarization," as used in this section, are broad and ambiguous.
* The term "demilitarization" is interpreted by the Department of Defense to mean destruction when applied to aircraft.
* All functioning armament systems have been removed from each aircraft prior to receiving its airworthiness certificate from the Federal Aviation Administration (FAA). Furthermore, the FAA mandates an annual inspection to ensure on-going compliance with this and other safety requirements.
This proposed section 1062 of the DOD Authorization Act for Fiscal Year 2002 is not included in the House version but was passed in the Senate version of the Bill and the differences will be worked out in Committee.
**********************
U.S. Senate Armed Services Committee Members
DEMOCRATS / REPUBLICANS
Carl Levin (MI), Chairman John Warner (VA), Ranking Member
Edward M. Kennedy (MA) Strom Thurmond (SC)
Robert C. Bryd (WV) John McCain (AZ)
Joseph I. Lieberman (CT) Bob Smith (NH)
Max Cleland (GA) James M. Inhofe (OK)
Mary L. Landrieu (LA) Rick Santorum (PA)
Jack Reed (RI) Pat Roberts (KS)
Daniel K. Akaka (HI) Wayne Allard (CO)
Bill Nelson (FL) Tim Hutchinson (AR)
E. Benjamin Nelson (NE) Jeff Sessions (AL)
Jean Carnahan (MO) Susan M. Collins (ME)
Mark Dayton (MN) Jim Bunning (KY)
Jeff Bingaman (NM)
U.S. House of Representatives Armed Services Committee Members
REPUBLICANS / DEMOCRATS
Bob Stump (AZ), Chairman Ike Skelton (MO), Ranking Member
Duncan Hunter (CA) John M. Spratt, Jr. (SC)
James V. Hansen (UT) Solomon P. Ortiz (TX)
Curt Weldon (PA) Lane Evans (IL)
Joel Hefley (CO) Gene Taylor (MS)
Jim Saxton (NJ) Neil Abercrombie (HI)
John M. McHugh (NY) Martin T. Meehan (MA)
Terry Everett (AL) Robert A. Underwood (Guam)
Roscoe G. Bartlett (MD) Rod R. Blagojevich (IL)
Howard "Buck" McKeon (CA) Silvestre Reyes (TX)
J.C. Watts, Jr. (OK) Tom Allen (ME)
Mac Thornberry (TX) Victor F. Snyder (AR)
John N. Hostettler (IN) Jim Turner (TX)
Saxby Chambliss (GA) Adam Smith (WA)
Van Hilleary (TN) Loretta Sanchez (CA)
Walter B. Jones, Jr. (NC) James H. Maloney (CT)
Lindsey O. Graham (SC) Mike McIntyre (NC)
Jim Ryun (KS) Ciro Rodriquez (TX)
Bob Riley (AL) Cynthia McKinney (GA)
Jim Gibbons (NV) Ellen Tauscher (CA)
Robin Hayes (NC) Robert Brady (PA)
Heather Wilson (NM) Robert E. Andrews (NJ)
Ken Calvert (CA) Baron P. Hill (IN)
Rob Simmons (CT) Mike Thompson (CA)
Ander Crenshaw (FL) John B. Larson (CT)
Mark Steven Kirk (IL) Susan A. Davis (CA)
Jo Ann Davis (VA) James R. Langevin (RI)
Edward L. Schrock (VA) Rick Larsen (WA)
W. Todd Akin (MO)
Randy Forbes (VA)
Vacancy
Vacancy
Pete Moll
Executive Director / Editor
EAA Warbirds of America
