104TH CONGRESS

2D SESSION S. 2078

AN ACT

To authorize the sale of excess Department of Defense

aircraft to facilitate the suppression of wildfire.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Wildfire Suppression

5 Aircraft Transfer Act of 1996’’.
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1 SEC. 2. AUTHORITY TO SELL AIRCRAFT AND PARTS FOR

2 WILDFIRE SUPPRESSION PURPOSES.

3 (a) AUTHORITY.—(1) Notwithstanding section 202 of

4 the Federal Property and Administrative Services Act of

5 1949 (40 U.S.C. 483) and subject to subsections (b) and

6 (c), the Secretary of Defense may, during the period be7 ginning on October 1, 1996, and ending on September 30,

8 2000, sell the aircraft and aircraft parts referred to in

9 paragraph (2) to persons or entities that contract with the

10 Federal Government for the delivery of fire retardant by

11 air in order to suppress wildfire.

12 (2) Paragraph (1) applies to aircraft and aircraft

13 parts of the Department of Defense that are determined

14 by the Secretary to be—

15 (A) excess to the needs of the Department; and

16 (B) acceptable for commercial sale.

17 (b) CONDITIONS OF SALE.—Aircraft and aircraft

18 parts sold under subsection (a)—

19 (1) may be used only for the provision of

20 airtanker services for wildfire suppression purposes;

21 and

22 (2) may not be flown or otherwise removed

23 from the United States unless dispatched by the Na24 tional Interagency Fire Center in support of an

25 international agreement to assist in wildfire suppres26 sion efforts or for other purposes jointly approved by
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1 the Secretary of Defense and the Secretary of Agri2 culture in writing in advance.

3 (c) CERTIFICATION OF PERSONS AND ENTITIES.—

4 The Secretary of Defense may sell aircraft and aircraft

5 parts to a person or entity under subsection (a) only if

6 the Secretary of Agriculture certifies to the Secretary of

7 Defense, in writing, before the sale that the person or en8 tity is capable of meeting the terms and conditions of a

9 contract to deliver fire retardant by air.

10 (d) REGULATIONS.—(1) As soon as practicable after

11 the date of the enactment of this Act, the Secretary of

12 Defense shall, in consultation with the Secretary of Agri13 culture and the Administrator of General Services, pre14 scribe regulations relating to the sale of aircraft and air15 craft parts under this section.

16 (2) The regulations shall—

17 (A) ensure that the sale of the aircraft and air18 craft parts is made at fair market value (as deter19 mined by the Secretary of Defense) and, to the ex20 tent practicable, on a competitive basis;

21 (B) require a certification by the purchaser that

22 the aircraft and aircraft parts will be used only in

23 accordance with the conditions set forth in sub24 section (b);
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1 (C) establish appropriate means of verifying

2 and enforcing the use of the aircraft and aircraft

3 parts by the purchaser and other end users in ac4 cordance with the conditions set forth in subsections

5 (b) and (e); and

6 (D) ensure, to the maximum extent practicable,

7 that the Secretary consults with the Administrator

8 of General Services and with the heads of appro9 priate departments and agencies of the Federal Gov10 ernment regarding alternative requirements for such

11 aircraft and aircraft parts before the sale of such

12 aircraft and aircraft parts under this section.

13 (e) ADDITIONAL TERMS AND CONDITIONS.—The

14 Secretary of Defense may require such other terms and

15 conditions in connection with each sale of aircraft and air16 craft parts under this section as the Secretary considers

17 appropriate for such sale. Such terms and conditions shall

18 meet the requirements of the regulations prescribed under

19 subsection (d).

20 (f) REPORT.—Not later than March 31, 2000, the

21 Secretary of Defense shall submit to the Committee on

22 Armed Services of the Senate and the Committee on Na23 tional Security of the House of Representatives a report

24 on the Secretary’s exercise of authority under this section.

25 The report shall set forth—
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1 (1) the number and type of aircraft sold under

2 the authority, and the terms and conditions under

3 which the aircraft were sold;

4 (2) the persons or entities to which the aircraft

5 were sold; and

6 (3) an accounting of the current use of the air7 craft sold.

8 (g) CONSTRUCTION.—Nothing in this section may be

9 construed as affecting the authority of the Administrator

10 of the Federal Aviation Administration under any other

11 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 Dewildfire. fense aircraft to facilitate the suppression of