Calendar No. 516

103D CONGRESS

2D SESSION H. R. 4429

AN ACT

To authorize the transfer of naval vessels to certain

foreign countries.

JULY 13 (legislative day, JULY 11), 1994

Reported with amendments
II

Calendar No. 516

103D CONGRESS

2D SESSION H. R. 4429

IN THE SENATE OF THE UNITED STATES

MAY 25 (legislative day, MAY 16), 1994

Received; read twice and referred to the Committee on Armed Services

JULY 13 (legislative day, JULY 11), 1994

Reported by Mr. NUNN, with amendments

[Omit the part struck through and insert the part printed in italic]

AN ACT

To authorize the transfer of naval vessels to certain foreign

countries.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AUTHORITY TO TRANSFER NAVAL VESSELS TO

4 CERTAIN FOREIGN COUNTRIES.

5 (a) ARGENTINA.—The Secretary of the Navy is au6 thorized to transfer to the Government of Argentina the

7 ‘‘NEWPORT’’ class tank landing ship LA MOURE

8 COUNTY (LST 1194). Such transfer shall be on a lease
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1 basis under chapter 6 of the Arms Export Control Act

2 (22 U.S.C. 2796 and following).

3 (b) AUSTRALIA.—The (a) AUSTRALIA.—Subject to

4 section 6, the Secretary of the Navy is authorized to trans5 fer to the Government of Australia the ‘‘NEWPORT’’

6 class tank landing ships SAGINAW (LST 1188) and

7 FAIRFAX COUNTY (LST 1193). Such transfers shall

8 be on a sales basis under section 21 of the Arms Export

9 Control Act (22 U.S.C. 2761; relating to the foreign mili10 tary sales program).

11 (c) BRAZIL.—The (b) BRAZIL.—Subject to section 6,

12 the Secretary of the Navy is authorized to transfer to the

13 Government of Brazil the ‘‘NEWPORT’’ class tank land14 ing ship CAYUGA (LST 1186) and the ‘‘KNOX’’ class

15 frigates MILLER (FF 1091) and VALDEZ (FF 1096).

16 Such transfers shall be on a lease basis under chapter 6

17 of the Arms Export Control Act (22 U.S.C. 2796 and fol18 lowing).

19 (d) CHILE.—The Secretary of the Navy is authorized

20 to transfer to the Government of Chile the ‘‘NEWPORT’’

21 class tank landing ships FREDERICK (LST 1184) and

22 SAN BERNARDINO (LST 1189). Such transfers shall

23 be on a lease basis under chapter 6 of the Arms Export

24 Control Act (22 U.S.C. 2796 and following).
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1 (e) MALAYSIA.—The Secretary of the Navy is author2 ized to transfer to the Government of Malaysia the

3 ‘‘NEWPORT’’ class tank landing ship SPARTANBURG

4 COUNTY (LST 1192). Such transfer shall be on a lease

5 basis under chapter 6 of the Arms Export Control Act

6 (22 U.S.C. 2796 and following).

7 (f) MOROCCO.—The (c) MOROCCO.—Subject to section

8 6, the Secretary of the Navy is authorized to transfer to

9 the Government of Morocco the ‘‘NEWPORT’’ class tank

10 landing ship BRISTOL COUNTY (LST 1198). Such

11 transfer shall be on a grant basis under section 516 of

12 the Foreign Assistance Act of 1961 (22 U.S.C. 2321j; re13 lating to transfers of excess defense articles).

14 (g) SPAIN.—The (d) SPAIN.—Subject to section 6, the

15 Secretary of the Navy is authorized to transfer to the Gov16 ernment of Spain the ‘‘NEWPORT’’ class tank landing

17 ships HARLAN COUNTY (LST 1196) and ship

18 BARNSTABLE COUNTY (LST 1197). Such transfers

19 transfer shall be on a lease basis under chapter 6 of the

20 Arms Export Control Act (22 U.S.C. 2796 and following).

21 (h) TAIWAN.—The Secretary of the Navy is author22 ized to transfer to the Coordination Council for North

23 American Affairs (which is the Taiwan instrumentality

24 designated pursuant to section 10(a) of the Taiwan Rela25 tions Act) the ‘‘NEWPORT’’ class tank landing ships
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1 SCHENECTADY (LST 1185), BOULDER (LST 1190),

2 and RACINE (LST 1191). Such transfers shall be on a

3 lease basis under chapter 6 of the Arms Export Control

4 Act (22 U.S.C. 2796 and following).

5 (i) VENEZUELA.—The Secretary of the Navy is au6 thorized to transfer to the Government of Venezuela the

7 ‘‘NEWPORT’’ class tank landing ships PEORIA (LST

8 1183 and TUSCALOOSA (LST 1187). Such transfers

9 shall be on a lease basis under chapter 6 of the Arms Ex10 port Control Act (22 U.S.C. 2796 and following).

11 SEC. 2. WAIVER OF REQUIREMENTS FOR NOTIFICATION TO

12 CONGRESS.

13 The following provisions do not apply with respect to

14 the transfers authorized by this Act:

15 (1) In case of a grant under section 516 of the

16 Foreign Assistance Act of 1961, subsection (c) of

17 that section and any similar provision of law.

18 (2) In the case of a sale under section 21 of the

19 Arms Export Control Act, section 525 of the For20 eign Operations, Export Financing, and Related

21 Programs Appropriations Act, 1994 (Public Law

22 103–87) and any similar, successor provision of law.

23 (3) In the case of a lease under section 61 of

24 the Arms Export Control Act, section 62 of that Act
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1 (except that section 62 of that Act shall apply to any

2 renewal of the lease).

3 SEC. 3. COSTS OF TRANSFERS.

4 Any expense of the United States in connection with

5 a transfer authorized by this Act shall be charged to the

6 recipient.

7 SEC. 4. EXPIRATION OF AUTHORITY.

8 The authority granted by section 1 of this Act shall

9 expire at the end of the 2-year period beginning on the

10 date of the enactment of this Act, except that leases en11 tered into during that period under section 1 may be re12 newed.

13 SEC. 5. REPAIR AND REFURBISHMENT OF VESSELS IN THE

14 UNITED STATES.

15 It is the sense of the Congress that the Secretary of

16 the Navy should request that each country to which a

17 naval vessel is transferred under this Act have such repair

18 or refurbishment of the vessel as is needed, before the ves19 sel joins the naval forces of that country, performed at

20 shipyards located in the United States, including United

21 States navy shipyards.

22 SEC. 6. CONDITION FOR TRANSFER.

23 No vessel may be transferred under this Act or any

24 other provision of law until the Secretary of Defense cer25 tifies in writing to Congress that, after the transfer—
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1 (1) the amphibious lift capacity remaining

2 available in the Navy is sufficient in all lift categories to transport 21 3 ⁄2 Marine Corps expeditionary

4 brigades simultaneously; and

5 (2) the amphibious lift capacity planned to be

6 available in the Navy under the future-years defense

7 program will be sufficient in all lift categories,

8 throughout the period covered by the future-years defense program, to transport 21 9 ⁄2 Marine Corps expedi10 tionary brigades simultaneously.

11 SEC. 7. USE OF PROCEEDS.

12 The proceeds derived from a transfer authorized by this

13 Act that are received in a fiscal year shall be credited to

14 the appropriation for the Navy for such fiscal year for oper15 ation and maintenance and shall be available, for the same

16 period as the appropriation to which credited, for operation

17 and maintenance of amphibious vessels.

Passed the House of Representatives May 23, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.