Prohibition on destruction or scrapping of World War II–era aircraft

(a) Prohibition The Secretary of Defense may not destroy, dismantle, scrap, cannibalize, or otherwise render permanently inoperable any aircraft that— (1) was manufactured prior to December 31, 1945; and (2) is in the custody or administrative control of the Department of the Air Force as of the date of the enactment of this Act. (b) Authorized dispositions Aircraft described in subsection (a) may only be— (1) retained in the inventory of the Department of the Air Force; (2) transferred to an eligible entity; or (3) deaccessioned under a plan approved by the Secretary of Defense that supports the long-term preservation of such aircraft, consistent with guidelines described in the report of the Committee on Armed Services of the Senate accompanying S. 2296 of the 119th Congress (S. Rept. 119–39). (c) Waiver authority The Secretary of Defense may waive the prohibition under subsection (a) on a case-by-case basis only if— (1) the aircraft is determined by qualified personnel of the Air Force or another eligible entity to be beyond practical restoration or preservation; (2) no eligible entity expresses interest in accepting the aircraft within the one-year period following the publication of public notice of the availability of the aircraft for transfer; (3) the Secretary submits to the congressional defense committees written notification and justification of the waiver; and (4) a period of 30 days has elapsed following the date of such submission. (d) Definitions In this section: (1) The term aircraft includes fixed-wing and rotary-wing manned aircraft. (2) The term eligible entity means— (A) the National Museum of the United States Air Force or another official Department of Defense museum; or (B) a Federal department or agency, nonprofit institution, or museum, with demonstrated indoor preservation and public display capabilities.