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 Navy 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 Navy; (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 committee report accompanying this Act. (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 Department of the Navy or another eligible entity to be beyond practical restoration or preservation; (2) no eligible entity expresses interest in accepting the aircraft during 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) Aircraft The term aircraft includes fixed-wing and rotary-wing manned aircraft. (2) Eligible entity The term eligible entity means— (A) the National Naval Aviation Museum, the National Museum of the Marine Corps, 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.