What it changes

1 change to S. 1867 · shown in the bill's text

Adds a section
  1. Adds SEC. 1049. TRANSFER OF VIETNAM ERA F-105 AIRCRAFT at the end of subtitle E of title X

    Adds a section

    In S. 1867 · Placed on Calendar Senate

    (2) Troops-to-teachers program.--The term "Troops-to- Teachers Program" means the Troops-to-Teachers Program authorized by chapter A of subpart 1 of part C of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.).

    Inserted: SEC. 1049. TRANSFER OF VIETNAM ERA F-105 AIRCRAFT.

    Inserted: (a) Conveyance of Aircraft.--Subject to subsection (c), the Secretary of the Air Force may convey to a private entity all right, title, and interest of the United States in and to a Republic F-105G Thunderchief aircraft (serial number 62-04427) that is excess to the operational requirements of the Air Force for the purpose of permitting the private entity to restore the aircraft to flying condition to honor veterans of the Vietnam War though memorial flights and for the education and enjoyment of future generations of Americans. The Secretary is not required to repair or alter the aircraft before conveying ownership.

    Inserted: (b) Additional Conveyances.--To ensure the continued operational capability of the aircraft conveyed under subsection (a), the Secretary shall also convey all right, title, and interest of the United States in and to the following:

    Inserted: (1) Historic logbooks (airframes and engines) and maintenance and operations manuals specific to the F-105 aircraft, its subsystems, and support equipment that may be in the Air Force logistical library.

    Inserted: (2) Excess spare parts, including six F-105 engines, six non-flyable F-105 airframes, and one F-105 aircraft (63-08287)identified as excess, that may be used for parts reclamation or subsequent static display.

    Inserted: (3) The following J-79-15 engines: serial numbers 439550-15E, 439538-15E, 439671-15E, 420244-15A, and 434604-15A, or four equivalent zero time J-79-15 engines.

    Inserted: (c) Conditions of Conveyances.--

    Inserted: (1) Conditional deed of gift.--The conveyances under this section shall be made by means of a conditional deed of gift.

    Inserted: (2) No-cost conveyances.--The conveyances under this section shall be at no cost to the United States. Any costs associated with such conveyances, costs of determining compliance with subsection (d), and costs of operation and maintenance of the aircraft conveyed shall be borne by the private entity concerned.

    Inserted: (3) Restriction.--The Secretary shall include in the instrument of conveyance a condition that the private entity concerned operates and maintains the aircraft conveyed in compliance with all applicable limitations and maintenance requirements imposed by the Administrator of the Federal Aviation Administration.

    Inserted: (d) Demilitarization of Aircraft.--The private entity to which an aircraft is conveyed under this section may carry out the demilitarization of the aircraft if the demilitarization of the aircraft is completed by the private entity not later than one year after the date of the conveyance of the aircraft to the private entity. Such demilitarization shall not affect the flight status of the aircraft.

    Inserted: (e) Time for Conveyances.--The deed of gift and conveyances under this section shall be completed not later than 90 days after the date of the enactment of this Act, except that final transfer of ownership of the aircraft under subsection (a) may not occur until the Secretary determines that the private entity concerned has altered the aircraft in such a manner as the Secretary considers necessary to ensure that the aircraft does not have any capability for use as a platform for launching or releasing offensive weapons. In applying section 2572 of title 10, United States Code, to the conveyance under subsection (a), demilitarization will not be applied to non-offensive weapon systems extant on the aircraft. The non-flyable airframes to be conveyed under subsection (b)(2) are not subject to non-weapons related demilitarization.

    Show 9 more inserted paragraphs

    Inserted: (f) Clarification of Liability.--Notwithstanding any other provision of law, upon the conveyance of ownership of the aircraft to the private entity concerned under subsection (a) and the conveyance of other material under subsection (b), the United States shall not be liable for any death, injury, loss, or damage that results from any use of that aircraft or material by any person other than the United States.

    Inserted: (g) Private Entity Defined.--In this section, the term "private entity" means any organization that--

    Inserted: (1) meets the requirements of the Air Force for purposes of the transfer of combat materiel;

    Inserted: (2) is an entity included in section 2572(a) of title 10, United States Code, or under section 501(c)(3) of the Internal Revenue Code of 1986; and

    Inserted: (3) is determined by the Secretary--

    Inserted: (A) to be capable of restoring, displaying, and preserving the aircraft referred to in subsection (a) in its original flight condition;

    Inserted: (B) to be capable of safely operating and maintaining the aircraft in memorial flights at air shows and similar events; and

    Inserted: (C) to have the capability to maintain the aircraft as a fitting flying tribute in commemoration of those Americans who have served or are now serving our nation as members of the Armed Forces.

    Inserted: (h) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.

    Original wording

    At the end of subtitle E of title X, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1362. Mr. INHOFE submitted an amendment intended to be proposed by him to the bill S. 1867, to authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title X, add the following:

SEC. 1049. TRANSFER OF VIETNAM ERA F-105 AIRCRAFT.

(a) Conveyance of Aircraft.--Subject to subsection (c), the Secretary of the Air Force may convey to a private entity all right, title, and interest of the United States in and to a Republic F-105G Thunderchief aircraft (serial number 62-04427) that is excess to the operational requirements of the Air Force for the purpose of permitting the private entity to restore the aircraft to flying condition to honor veterans of the Vietnam War though memorial flights and for the education and enjoyment of future generations of Americans. The Secretary is not required to repair or alter the aircraft before conveying ownership.

(b) Additional Conveyances.--To ensure the continued operational capability of the aircraft conveyed under subsection (a), the Secretary shall also convey all right, title, and interest of the United States in and to the following:

(1) Historic logbooks (airframes and engines) and maintenance and operations manuals specific to the F-105 aircraft, its subsystems, and support equipment that may be in the Air Force logistical library.

(2) Excess spare parts, including six F-105 engines, six non-flyable F-105 airframes, and one F-105 aircraft (63-08287)identified as excess, that may be used for parts reclamation or subsequent static display.

(3) The following J-79-15 engines: serial numbers 439550-15E, 439538-15E, 439671-15E, 420244-15A, and 434604-15A, or four equivalent zero time J-79-15 engines.

(c) Conditions of Conveyances.--

(1) Conditional deed of gift.--The conveyances under this section shall be made by means of a conditional deed of gift.

(2) No-cost conveyances.--The conveyances under this section shall be at no cost to the United States. Any costs associated with such conveyances, costs of determining compliance with subsection (d), and costs of operation and maintenance of the aircraft conveyed shall be borne by the private entity concerned.

(3) Restriction.--The Secretary shall include in the instrument of conveyance a condition that the private entity concerned operates and maintains the aircraft conveyed in compliance with all applicable limitations and maintenance requirements imposed by the Administrator of the Federal Aviation Administration.

(d) Demilitarization of Aircraft.--The private entity to which an aircraft is conveyed under this section may carry out the demilitarization of the aircraft if the demilitarization of the aircraft is completed by the private entity not later than one year after the date of the conveyance of the aircraft to the private entity. Such demilitarization shall not affect the flight status of the aircraft.

(e) Time for Conveyances.--The deed of gift and conveyances under this section shall be completed not later than 90 days after the date of the enactment of this Act, except that final transfer of ownership of the aircraft under subsection (a) may not occur until the Secretary determines that the private entity concerned has altered the aircraft in such a manner as the Secretary considers necessary to ensure that the aircraft does not have any capability for use as a platform for launching or releasing offensive weapons. In applying section 2572 of title 10, United States Code, to the conveyance under subsection (a), demilitarization will not be applied to non-offensive weapon systems extant on the aircraft. The non-flyable airframes to be conveyed under subsection (b)(2) are not subject to non-weapons related demilitarization.

(f) Clarification of Liability.--Notwithstanding any other provision of law, upon the conveyance of ownership of the aircraft to the private entity concerned under subsection (a) and the conveyance of other material under subsection (b), the United States shall not be liable for any death, injury, loss, or damage that results from any use of that aircraft or material by any person other than the United States.

(g) Private Entity Defined.--In this section, the term “private entity” means any organization that--

(1) meets the requirements of the Air Force for purposes of the transfer of combat materiel;

(2) is an entity included in section 2572(a) of title 10, United States Code, or under section 501(c)(3) of the Internal Revenue Code of 1986; and

(3) is determined by the Secretary--

(A) to be capable of restoring, displaying, and preserving the aircraft referred to in subsection (a) in its original flight condition;

(B) to be capable of safely operating and maintaining the aircraft in memorial flights at air shows and similar events; and

(C) to have the capability to maintain the aircraft as a fitting flying tribute in commemoration of those Americans who have served or are now serving our nation as members of the Armed Forces.

(h) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.

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Senate amendment submitted

November 28, 2011