HR 4711

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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>