[104th Congress Public Law 307]
[From the U.S. Government Printing Office]

[DOCID: f:publ307.104]

[[Page 110 STAT. 3811]]

Public Law 104-307
104th Congress

                                 An Act

   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''.

    (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 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 
        were sold;
            (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.


            Sept. 26, considered and passed Senate.
            Oct. 4, considered and passed House.