[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5572-S5573]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6034. Mr. WICKER submitted an amendment intended to be proposed to
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe)
and intended to be proposed to the bill H.R. 7900, to authorize
appropriations for fiscal year 2023 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle C of title X, add the following:
SEC. 1026. AUTHORITY TO CONVEY BY DONATION CERTAIN VESSELS
FOR HUMANITARIAN ASSISTANCE AND DISASTER RELIEF
PURPOSES.
(a) Authority to Convey.--The Secretary of the Navy may
convey, by donation, all right, title, and interest of the
United States Government in and to any vessel described in
subsection (b) to the Coalition of Hope Foundation, Inc., a
nonprofit organization, for use in the provision of
humanitarian assistance and disaster relief services, if the
vessel is no longer required by the United States Government.
(b) Vessels Described.--The vessels described in this
subsection are the following
[[Page S5573]]
vessels, which have been stricken from the Naval Vessel
Register:
(1) The former U.S.S. Tarawa (LHA-1)
(2) The former U.S.S. Peleliu (LHA-5).
(c) Terms of Conveyance.--
(1) Delivery of vessel.--The Secretary of the Navy shall
deliver a vessel conveyed under subsection (a)--
(A) at a location and on a date of conveyance as mutually
agreed to by the Secretary and the recipient; and
(B) in its condition on that date.
(2) Limitations on liability and responsibility.--
(A) Immunity of the united states.--The United States and
all departments and agencies thereof, and their officers and
employees, shall not be liable at law or in equity for any
injury or damage to any person or property occurring on a
vessel donated under this section.
(B) Improvements, upgrades, and repairs.--Notwithstanding
any other law, the Department of Defense, and the officers
and employees of the Department of Defense, shall have no
responsibility or obligation to make, engage in, or provide
funding for, any improvement, upgrade, modification,
maintenance, preservation, or repair to a vessel donated
under this section.
(C) Claims arising from exposure to hazardous material.--
The Secretary may not convey a vessel under this section
unless the recipient agrees to hold the United States
Government harmless for any claim arising from exposure to
hazardous material, including asbestos and polychlorinated
biphenyls, after the conveyance of the vessel, except for any
claim arising before the date of the conveyance or from use
of the vessel by the Government after that date.
(3) Conveyance to be at no cost to department of defense.--
Any conveyance of a vessel under this section, the
demilitarization of Munitions List items of that vessel, the
maintenance and preservation of that vessel after conveyance,
and the ultimate disposal of that vessel shall be made at no
cost to the Department of Defense.
(4) Additional terms.--The Secretary may require such
additional terms in connection with the conveyance authorized
by this section as the Secretary considers appropriate.
(d) Definitions.--In this section:
(1) Nonprofit organization.--The term ``nonprofit
organization'' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of that Code.
(2) Munitions list.--The term ``Munitions List'' means the
United States Munitions List created and controlled under
section 38 of the Arms Export Control Act (22 U.S.C. 2778).
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