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







104th CONGRESS
  2d Session
                                S. 2078

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 16, 1996

 Mr. Bingaman (for himself, Mr. Kempthorne, and Mr. Craig) introduced 
the following bill; which was read twice and referred to the Committee 
                           on Armed Services

_______________________________________________________________________

                                 A BILL


 
   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 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--
            (A) excess to Department; and
            (B) acceptable for commercial sale.
    (b) Condition of Sale.--Aircraft and aircraft parts sold under 
subsection (a) may be used only for the provision of airtanker services 
for wildfire suppression purposes.
    (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) Additional Terms and Conditions.--The Secretary of Defense may 
require such 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 regulations prescribed by the Secretary, in 
consultation with the Secretary of Agriculture, the Administrator of 
General Services, and the heads of such other agencies as the Secretary 
of Defense considers appropriate. The Secretary of Defense shall 
prescribe such regulations as soon as practicable after the date of the 
enactment of this Act.
    (e) 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.
                                 <all>