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Thought I'd pass this on in case anyone cares.

 -----Original Message-----
From:   [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Sent:       Thursday,
October 11, 2001 11:05 AM
Subject:        Warbird Legislative Alert

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
Tom Poberezny
President
P. O. Box 3086
Oshkosh, WI 54903
920-426-4800


AIRCRAFT OWNERS AND PILOTS ASSOCIATION
Phil Boyer
President
421 Aviation Way
Frederick,  MD 21701
301-695-2000


**********************
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

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