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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2078 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  2d Session
                                S. 2078

_______________________________________________________________________

                                 AN ACT

 
   To authorize the sale of excess Department of Defense aircraft to 
                facilitate the suppression of wildfire.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wildfire Suppression Aircraft 
Transfer Act of 1996''.

SEC. 2. AUTHORITY TO SELL AIRCRAFT AND PARTS FOR WILDFIRE SUPPRESSION 
              PURPOSES.

    (a) Authority.--(1) Notwithstanding section 202 of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 483) and 
subject to subsections (b) and (c), the Secretary of Defense may, 
during the period beginning on October 1, 1996, and ending on September 
30, 2000, sell the aircraft and aircraft parts referred to in paragraph 
(2) to persons or entities that contract with the Federal Government 
for the delivery of fire retardant by air in order to suppress 
wildfire.
    (2) Paragraph (1) applies to aircraft and aircraft parts of the 
Department of Defense that are determined by the Secretary to be--
            (A) excess to the needs of the Department; and
            (B) acceptable for commercial sale.
    (b) Conditions of Sale.--Aircraft and aircraft parts sold under 
subsection (a)--
            (1) may be used only for the provision of airtanker 
        services for wildfire suppression purposes; and
            (2) may not be flown or otherwise removed from the United 
        States unless dispatched by the National Interagency Fire 
        Center in support of an international agreement to assist in 
        wildfire suppression efforts or for other purposes jointly 
        approved by the Secretary of Defense and the Secretary of 
        Agriculture in writing in advance.
    (c) Certification of Persons and Entities.--The Secretary of 
Defense may sell aircraft and aircraft parts to a person or entity 
under subsection (a) only if the Secretary of Agriculture certifies to 
the Secretary of Defense, in writing, before the sale that the person 
or entity is capable of meeting the terms and conditions of a contract 
to deliver fire retardant by air.
    (d) Regulations.--(1) As soon as practicable after the date of the 
enactment of this Act, the Secretary of Defense shall, in consultation 
with the Secretary of Agriculture and the Administrator of General 
Services, prescribe regulations relating to the sale of aircraft and 
aircraft parts under this section.
    (2) The regulations shall--
            (A) ensure that the sale of the aircraft and aircraft parts 
        is made at fair market value (as determined by the Secretary of 
        Defense) and, to the extent practicable, on a competitive 
        basis;
            (B) require a certification by the purchaser that the 
        aircraft and aircraft parts will be used only in accordance 
        with the conditions set forth in subsection (b);
            (C) establish appropriate means of verifying and enforcing 
        the use of the aircraft and aircraft parts by the purchaser and 
        other end users in accordance with the conditions set forth in 
        subsections (b) and (e); and
            (D) ensure, to the maximum extent practicable, that the 
        Secretary consults with the Administrator of General Services 
        and with the heads of appropriate departments and agencies of 
        the Federal Government regarding alternative requirements for 
        such aircraft and aircraft parts before the sale of such 
        aircraft and aircraft parts under this section.
    (e) Additional Terms and Conditions.--The Secretary of Defense may 
require such other terms and conditions in connection with each sale of 
aircraft and aircraft parts under this section as the Secretary 
considers appropriate for such sale. Such terms and conditions shall 
meet the requirements of the regulations prescribed under subsection 
(d).
    (f) Report.--Not later than March 31, 2000, the Secretary of 
Defense shall submit to the Committee on Armed Services of the Senate 
and the Committee on National Security of the House of Representatives 
a report on the Secretary's exercise of authority under this section. 
The report shall set forth--
            (1) the number and type of aircraft sold under the 
        authority, and the terms and conditions under which the 
        aircraft were sold;
            (2) the persons or entities to which the aircraft were 
        sold; and
            (3) an accounting of the current use of the aircraft sold.
    (g) Construction.--Nothing in this section may be construed as 
affecting the authority of the Administrator of the Federal Aviation 
Administration under any other provision of law.

            Passed the Senate September 26, 1996.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                                S. 2078

_______________________________________________________________________

                                 AN ACT

   To authorize the sale of excess Department of Defense aircraft to 
                facilitate the suppression of wildfire.
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