[Congressional Record Volume 142, Number 135 (Thursday, September 26, 1996)]
[Senate]
[Pages S11441-S11442]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         THE WILDLIFE SUPPRESSION AIRCRAFT TRANSFER ACT OF 1996

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               KEMPTHORNE (AND OTHERS) AMENDMENT NO. 5406

  Mr. LOTT (for Mr. Kempthorne, Mr. Bingaman, Mr. Craig, and Mr. Kyl) 
proposed an amendment to the bill (S. 2078) to authorize the sale of 
excess Department of Defense aircraft to facilitate the suppression of 
wildfire; as follows:

       Strike all after the enacting clause and insert the 
     following:

     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);

[[Page S11442]]

       (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.

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