S.Amdt. 4574Senate117th Congress (2021-2023)2nd degree
S.Amdt. 4574
Sponsored by
Sen. Roger F. Wicker (R-MS)
Submitted November 15, 2021
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Senate amendment submitted
November 15, 2021
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Submitted
SA 4574. Mr. WICKER submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 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. 1023. 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 [[Page S8098]] longer required by the United States Government. (b) Vessels Described.--The vessels described in this subsection are the following 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). ______