< Back to S. 2078 (104th Congress, 1995–1996)

Text of the Wildfire Suppression Aircraft Transfer Act of 1996

This bill was enacted after being signed by the President on October 14, 1996. The text of the bill below is as of Sep 26, 1996 (Passed the Senate (Engrossed)).

This is not the latest text of this bill.

Source: GPO

S 2078 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.