[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4711 Introduced in House (IH)]







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 consideration 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 Representatives 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 beginning October 1, 1998, and ending on September 
30, 2002, sell aircraft and aircraft parts referred to in paragraph (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 Secretary 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, observation, 
        dispersant delivery, and any other secondary and commercially 
        viable use that is not prohibited 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 dispersing efforts, or for other purposes that are 
        jointly approved by the Secretary of Defense and the Secretary 
        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 dispersal 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 deliver and apply oil spill dispersants, including 
application equipment, dispersant stockpiles, loading tanks, aircraft 
maintenance, trained pilots and support personnel, monitoring 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 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 a fair market value as determined by the Secretary 
        of Defense;
            (B) ensure that all persons and entities purchasing 
        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 accordance with the conditions set forth in 
        subsection (b); and
            (D) ensure, to the maximum extent practicable, that the 
        Secretary of Defense consults with the Administrator of General 
        Services and with the heads of appropriate Federal departments 
        and agencies regarding alternative requirements for such 
        aircraft and aircraft parts.
    (f) 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 regulations prescribed under subsection (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 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 and entities to which the aircraft 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.
                                 <all>