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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AUTHORITY TO TRANSFER NAVAL VESSELS TO
CERTAIN FOREIGN COUNTRIES.
(a) ARGENTINA.—The Secretary of the Navy is au-
thorized to transfer to the Government of Argentina the
‘‘NEWPORT’’ class tank landing ship LA MOURE
COUNTY (LST 1194). Such transfer shall be on a lease
basis under chapter 6 of the Arms Export Control Act
(22 U.S.C. 2796 and following).
(b) AUSTRALIA.—The (a) AUSTRALIA.—Subject to
section 6, the Secretary of the Navy is authorized to trans-
fer to the Government of Australia the ‘‘NEWPORT’’
class tank landing ships SAGINAW (LST 1188) and
FAIRFAX COUNTY (LST 1193). Such transfers shall
be on a sales basis under section 21 of the Arms Export
Control Act (22 U.S.C. 2761; relating to the foreign mili-
tary sales program).
(c) BRAZIL.—The (b) BRAZIL.—Subject to section 6,
the Secretary of the Navy is authorized to transfer to the
Government of Brazil the ‘‘NEWPORT’’ class tank land-
ing ship CAYUGA (LST 1186) and the ‘‘KNOX’’ class
frigates MILLER (FF 1091) and VALDEZ (FF 1096).
Such transfers shall be on a lease basis under chapter 6
of the Arms Export Control Act (22 U.S.C. 2796 and fol-
lowing).
(d) CHILE.—The Secretary of the Navy is authorized
to transfer to the Government of Chile the ‘‘NEWPORT’’
class tank landing ships FREDERICK (LST 1184) and
SAN BERNARDINO (LST 1189). Such transfers shall
be on a lease basis under chapter 6 of the Arms Export
Control Act (22 U.S.C. 2796 and following).
(e) MALAYSIA.—The Secretary of the Navy is author-
ized to transfer to the Government of Malaysia the
‘‘NEWPORT’’ class tank landing ship SPARTANBURG
COUNTY (LST 1192). Such transfer shall be on a lease
basis under chapter 6 of the Arms Export Control Act
(22 U.S.C. 2796 and following).
(f) MOROCCO.—The (c) MOROCCO.—Subject to section
6, the Secretary of the Navy is authorized to transfer to
the Government of Morocco the ‘‘NEWPORT’’ class tank
landing ship BRISTOL COUNTY (LST 1198). Such
transfer shall be on a grant basis under section 516 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j; re-
lating to transfers of excess defense articles).
(g) SPAIN.—The (d) SPAIN.—Subject to section 6, the
Secretary of the Navy is authorized to transfer to the Gov-
ernment of Spain the ‘‘NEWPORT’’ class tank landing
ships
HARLAN
COUNTY
(LST
1196)
and
ship
BARNSTABLE COUNTY (LST 1197). Such transfers
transfer shall be on a lease basis under chapter 6 of the
Arms Export Control Act (22 U.S.C. 2796 and following).
(h) TAIWAN.—The Secretary of the Navy is author-
ized to transfer to the Coordination Council for North
American Affairs (which is the Taiwan instrumentality
designated pursuant to section 10(a) of the Taiwan Rela-
tions Act) the ‘‘NEWPORT’’ class tank landing ships
SCHENECTADY (LST 1185), BOULDER (LST 1190),
and RACINE (LST 1191). Such transfers shall be on a
lease basis under chapter 6 of the Arms Export Control
Act (22 U.S.C. 2796 and following).
(i) VENEZUELA.—The Secretary of the Navy is au-
thorized to transfer to the Government of Venezuela the
‘‘NEWPORT’’ class tank landing ships PEORIA (LST
1183 and TUSCALOOSA (LST 1187). Such transfers
shall be on a lease basis under chapter 6 of the Arms Ex-
port Control Act (22 U.S.C. 2796 and following).
SEC. 2. WAIVER OF REQUIREMENTS FOR NOTIFICATION TO
CONGRESS.
The following provisions do not apply with respect to
the transfers authorized by this Act:
(1) In case of a grant under section 516 of the
Foreign Assistance Act of 1961, subsection (c) of
that section and any similar provision of law.
(2) In the case of a sale under section 21 of the
Arms Export Control Act, section 525 of the For-
eign Operations, Export Financing, and Related
Programs Appropriations Act, 1994 (Public Law
103–87) and any similar, successor provision of law.
(3) In the case of a lease under section 61 of
the Arms Export Control Act, section 62 of that Act
(except that section 62 of that Act shall apply to any
renewal of the lease).
SEC. 3. COSTS OF TRANSFERS.
Any expense of the United States in connection with
a transfer authorized by this Act shall be charged to the
recipient.
SEC. 4. EXPIRATION OF AUTHORITY.
The authority granted by section 1 of this Act shall
expire at the end of the 2-year period beginning on the
date of the enactment of this Act, except that leases en-
tered into during that period under section 1 may be re-
newed.
SEC. 5. REPAIR AND REFURBISHMENT OF VESSELS IN THE
UNITED STATES.
It is the sense of the Congress that the Secretary of
the Navy should request that each country to which a
naval vessel is transferred under this Act have such repair
or refurbishment of the vessel as is needed, before the ves-
sel joins the naval forces of that country, performed at
shipyards located in the United States, including United
States navy shipyards.
SEC. 6. CONDITION FOR TRANSFER.
No vessel may be transferred under this Act or any
other provision of law until the Secretary of Defense cer-
tifies in writing to Congress that, after the transfer—
(1) the amphibious lift capacity remaining
available in the Navy is sufficient in all lift cat-
egories to transport 21⁄2 Marine Corps expeditionary
brigades simultaneously; and
(2) the amphibious lift capacity planned to be
available in the Navy under the future-years defense
program will be sufficient in all lift categories,
throughout the period covered by the future-years de-
fense program, to transport 21⁄2 Marine Corps expedi-
tionary brigades simultaneously.
SEC. 7. USE OF PROCEEDS.
The proceeds derived from a transfer authorized by this
Act that are received in a fiscal year shall be credited to
the appropriation for the Navy for such fiscal year for oper-
ation and maintenance and shall be available, for the same
period as the appropriation to which credited, for operation
and maintenance of amphibious vessels.
Passed the House of Representatives May 23, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.