Text: S.2078 — 104th Congress (1995-1996)All Information (Except Text)
Public Law No: 104-307 (10/14/1996)
[104th Congress Public Law 307]
[From the U.S. Government Printing Office]
[[Page 110 STAT. 3811]]
Public Law 104-307
To authorize the sale of excess Department of Defense aircraft to
facilitate the suppression of wildfire. <<NOTE: Oct. 14, 1996 - [S.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Wildfire Suppressing
Aircraft Transfer Act of 1996.>> assembled,
SECTION 1. <<NOTE: 10 USC 2576 note.>> SHORT TITLE.
This Act may be cited as the ``Wildfire Suppression Aircraft
Transfer Act of 1996''.
SEC. 2. <<NOTE: 10 USC 2576 note.>> 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
(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 Adminis
[[Page 110 STAT. 3812]]
trator 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
(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
(2) the persons or entities to which the aircraft were sold;
(3) an accounting of the current use of the aircraft sold.
[[Page 110 STAT. 3813]]
(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.
Approved October 14, 1996.
LEGISLATIVE HISTORY--S. 2078:
CONGRESSIONAL RECORD, Vol. 142 (1996):
Sept. 26, considered and passed Senate.
Oct. 4, considered and passed House.