[Congressional Record Volume 154, Number 85 (Thursday, May 22, 2008)]
[Senate]
[Pages S4795-S4796]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN (for himself and Mr. Lugar):
  S. 3052. A bill to provide for the transfer of naval vessels to 
certain foreign recipients; to the Committee on Foreign Relations.
  Mr. BIDEN. Mr. President, today, Senator Lugar and I are introducing 
the Naval Vessel Transfer Act of 2008, a bill to permit the transfer of 
certain U.S. Navy vessels to particular foreign countries. All of the 
proposed ship transfer authorizations have been requested by the U.S. 
Navy, with the approval of the Office of Management and Budget.
  Pursuant to section 824(b) of the National Defense Authorization Act 
for fiscal year 1994, as amended, 10 U.S.C. 7307(a), a naval vessel 
that is in excess of 3,000 tons or that is less than 20 years of age 
may not be disposed of to another nation unless the disposition of that 
vessel is approved by law enacted after August 5, 1974. The bill we 
introduce today would provide that required approval for six transfers: 
a guided missile frigate for Pakistan; two minehunter coastal ships for 
Greece; an oiler for Chile; and two amphibious tank landing ships for 
Peru. These would all be grant transfers under section 516 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2321j). If any Member of this 
body has questions or concerns regarding one or more of the proposed 
ship transfers, please let us know.
  The bill also contains provisions that are traditionally included in 
ship transfer bills, relating to transfer costs and repair and 
refurbishment of the ships, and exempting the value of a vessel 
transferred on a grant basis from the aggregate value of excess defense 
articles in a given fiscal year.
  The authority provided by this bill would expire 2 years after the 
date of enactment of the bill.
  Finally, the Department of Defense has provided the following 
information on this bill:

       These proposed transfers would improve the United States' 
     political and military relationships with close allies. They 
     would support strategic engagement goals and regional 
     security cooperation objectives. Active use of former naval 
     vessels by coalition forces in support of regional priorities 
     is more advantageous than retaining vessels in the Navy's 
     inactive fleet and disposing of them by scrapping or another 
     method.
       The United States would incur no costs in transferring 
     these naval vessels. The recipients would be responsible for 
     all costs associated with the transfers, including 
     maintenance, repairs, training, and fleet turnover costs.
       This act does not alter the effect of the Toxic Substances 
     Control Act, or any other law, with regard to their 
     applicability to the transfer of ships by the U.S. to foreign 
     countries for military or humanitarian use. The laws and 
     regulations that apply today would apply in the same manner 
     if this section were enacted.

  The Secretary of the Navy, the Honorable Donald C. Winter, has added: 
``Expeditious enactment of the proposal is in the best interests of the 
Navy's Maritime Strategy as it will allow us to strengthen the 
capabilities of partner nations.''
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3052

       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 ``Naval Vessel Transfer Act of 
     2008''.

     SEC. 2. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN 
                   RECIPIENTS.

       (a) Transfers by Grant.--The President is authorized to 
     transfer vessels to foreign recipients on a grant basis under 
     section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2321j), as follows:
       (1) Pakistan.--To the Government of Pakistan, the OLIVER 
     HAZARD PERRY class guided missile frigate MCINERNEY (FFG-8).
       (2) Greece.--To the Government of Greece, the OSPREY class 
     minehunter coastal ships OSPREY (MHC-51) and ROBIN (MHC-54).
       (3) Chile.--To the Government of Chile, the KAISER class 
     oiler ANDREW J. HIGGINS (AO-190).
       (4) Peru.--To the Government of Peru, the NEWPORT class 
     amphibious tank landing ships FRESNO (LST-1182) and RACINE 
     (LST-1191).
       (b) Grants Not Counted in Annual Total of Transferred 
     Excess Defense Articles.--The value of a vessel transferred 
     to a recipient on a grant basis pursuant to authority 
     provided by subsection (a) shall not be counted against the 
     aggregate value of excess defense articles transferred in any 
     fiscal year under section 516 of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2321j).
       (c) Costs of Transfers.--Any expense incurred by the United 
     States in connection with a transfer authorized by this 
     section

[[Page S4796]]

     shall be charged to the recipient (notwithstanding section 
     516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2321j(e))).
       (d) Repair and Refurbishment in United States Shipyards.--
     To the maximum extent practicable, the President shall 
     require, as a condition of the transfer of a vessel under 
     this section, that the recipient to which the vessel is 
     transferred have such repair or refurbishment of the vessel 
     as is needed, before the vessel joins the naval forces of the 
     recipient, performed at a shipyard located in the United 
     States, including a United States Navy shipyard.
       (e) Expiration of Authority.--The authority to transfer a 
     vessel under this section shall expire at the end of the 2-
     year period beginning on the date of the enactment of this 
     Act.
                                 ______