I
105TH CONGRESS
2D SESSION
H. R. 4711
To authorize the sale of excess Department of Defense aircraft for the
purpose of dispersing oil spills.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 6, 1998
Mr. TAUZIN introduced the following bill; which was referred to the Committee
on Government Reform and Oversight, and in addition to the Committees
on National Security, and Transportation and Infrastructure, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To authorize the sale of excess Department of Defense
aircraft for the purpose of dispersing oil spills.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Oil Spill Dispersant
Spraying Aircraft Act of 1998’’.
SEC. 2. AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT
PARTS FOR THE PURPOSE OF DISPERSING
OIL SPILLS.
(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 be-
ginning October 1, 1998, and ending on September 30,
2002, sell aircraft and aircraft parts referred to in para-
graph (2) to a person or entity that contracts to deliver
oil dispersants by air in order to disperse oil spills.
(2) The aircraft and aircraft parts that may be sold
under paragraph (1) are aircraft and aircraft parts of the
Department of Defense that are determined by the Sec-
retary to be—
(A) excess to the needs of the Department; and
(B) suitable for commercial sale.
(b) CONDITIONS
OF SALE.—Aircraft and aircraft
parts sold under subsection (a)—
(1) may be used only for oil spill spotting, ob-
servation, dispersant delivery, and any other second-
ary and commercially viable use that is not prohib-
ited by this Act and that would not interfere with
the purchaser’s primary oil spill response efforts
under an oil spill response plan; and
(2) may not be flown outside of or removed
from the United States except with the approval of
the Secretary of Defense for the purpose of fulfilling
an international agreement to assist in oil spill dis-
persing efforts, or for other purposes that are jointly
approved by the Secretary of Defense and the Sec-
retary of Transportation.
(c) CERTIFICATION BY PURCHASERS.—A person or
entity that purchases an aircraft or aircraft parts from
the Secretary of Defense under subsection (a) shall submit
to the Secretary of the Department in which the Coast
Guard is operating a statement in which the person or
entity certifies that—
(1) the overall system to be employed for the
delivery and application of oil spill dispersants has
been sufficiently tested to ensure that the person or
entity is capable of meeting the terms and conditions
of an oil spill response plan that has been approved
by the Secretary of the Department in which the
Coast Guard is operating;
(2) the system tests included the use of the
purchased aircraft as modified and outfitted for dis-
persal purposes; and
(3) the purchased aircraft will not be used for
activities inconsistent with subsection (b).
(d) SYSTEM DEFINED.—For purposes of this Act,
the term ‘‘system’’ means the services, equipment, and
personnel through which a person or entity intends to de-
liver and apply oil spill dispersants, including application
equipment, dispersant stockpiles, loading tanks, aircraft
maintenance, trained pilots and support personnel, mon-
itoring equipment and observation or spotter aircraft, and
the aircraft and aircraft part being purchased.
(e) REGULATIONS.—(1) As soon as practicable after
the date of enactment of this Act, the Secretary of Defense
shall, in consultation with the Secretary of Transportation
and the Administrator of General Services, prescribe regu-
lations 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 air-
craft parts is made at a fair market value as deter-
mined by the Secretary of Defense;
(B) ensure that all persons and entities pur-
chasing aircraft under subsection (a) comply with
the certification requirement under subsection (c);
(C) establish appropriate means of verifying
and enforcing the use of the aircraft and aircraft
parts by the purchaser and any other user in accord-
ance with the conditions set forth in subsection (b);
and
(D) ensure, to the maximum extent practicable,
that the Secretary of Defense consults with the Ad-
ministrator of General Services and with the heads
of appropriate Federal departments and agencies re-
garding alternative requirements for such aircraft
and aircraft parts.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary of Defense may require such other terms and condi-
tions in connection with each sale of aircraft and aircraft
parts under this section as the Secretary considers appro-
priate for such sale. Such terms and conditions shall meet
the requirements of regulations prescribed under sub-
section (e).
(g) REPORT.—Not later than March 31, 2002, the
Secretary of Defense shall submit to the Committee on
Armed Services of the Senate and the Committee on Na-
tional 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 and entities to which the air-
craft were sold; and
(3) an accounting of the then current use of the
aircraft sold.
(h) 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.
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