Mr. BURNS. I am interested in this subchaser and hydrofoils. You have tested this out pretty thoroughly in coastal waters and so forth? Admiral MUMMA. Yes, we have. We have been engaged in a hydrofoil program for over 10 years, very assiduously, and prior to that on a rather sporadic nature going back as far as 1919, in which Alexander Graham Bell had a reasonably successful hydrofoil. The big problem with hydrofoils has been control. When the waves get too big for it, it really crashes something horribly, so you have to be able to control the foils so that the hydrofoil can follow the waves enough, but not too much. We have now solved this problem scientifically and from an engineering point of view. We had a small 30-foot hydrofoil craft which came down from New York outside in the Atlantic with one of our regular World War II PT's. This small hydrofoil craft from a seaworthiness point of view was really astounding. It could continue at a speed where the patrol craft fundamentally should have slowed down. So that we have solved that control problem, we think, for all time and we have the seaworthiness and the ability to do this job now which is in the nature of something of a breakthrough. Mr. BURNS. You can get them on a reasonable size, I take it from that? Admiral MUMMA. This is a fast, reasonably sized ship to go after submarines. Mr. KELLEHER. Admiral, in Europe, as I understand it, hydrofoils are used fairly commonly now for transporting passengers. Admiral MUMMA. Several places. On the Volga River the Russians have some. They don't embody this new idea. Theirs are pretty well restricted to inland waters. On Lake Lucerne in Switzerland they also have this, and on the Messina Straits in Italy they have a similar type. But none of them have that control. They are somewhat restricted in the height of the waves they can cope with. Mr. BURNS. These are very extremely high-speed ships for transportation also as far as the open water? Admiral MUMMA. Yes, they would be of interest to your area, Mr. Burns. Mr. LANKFORD. Is this a full hydrofoil vessel? Does it lift the hull right out of the water? Admiral MUMMA. Yes, indeed. That hull is actually out of the water and the spray you see under the vessel there is intended to be a spray caused by the foils themselves. Mr. LANKFORD. Just like the small one they have in Annapolis? Admiral MUMMA. That's right. You may have seen those. They were our experimental ones in testing this control. Admiral BEAKLEY. This has homing torpedoes for depth water and shallow water they use the depth charges. Mr. PRICE. I move that the bill be reported to the full committee with approval and recommendation. Mr. DURHAM. Without objection, the motion is agreed to. (Whereupon, the subcommittee proceeded to further business.) H. R. 3292 Mr. DURHAM. The next bill. Mr. KELLEHER. The next bill, Mr. Chairman, is H. R. 3292. The bill follows: A BILL To amend title 10, United States Code, to authorize the Secretary of the Navy to furnish supplies and services to foreign vessels and aircraft, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 7227 of title 10, United States Code, is amended to read as follows: "§ 7227. Foreign naval vessels and aircraft: supplies and services "(a) The Secretary of the Navy, under such regulations as he prescribes, may authorize any United States naval vessel or activity to furnish any of the following supplies or services, when in the best interests of the United States, on a reimbursable basis without an advance of funds if similar supplies and services are furnished on a like basis to naval vessels and military aircraft of the United States by the friendly foreign country concerned : "(1) routine port services in territorial waters of the United States or in waters under United States control, including pilotage, tugs, garbage removal, line-handling, and utilities, to naval vessels or friendly foreign countries; "(2) routine airport services, including landing and takeoff assistance, use of runways, parking and servicing, to military aircraft of friendly foreign countries; "(3) miscellaneous supplies, including fuel, provisions, spare parts, and general stores, but not including ammunition, to naval vessels and military aircraft of friendly foreign countries; and "(4) overhauls, repairs, and alterations together with necessary equipment and its installation required in connection therewith, to naval vessels and military aircraft of friendly foreign countries. "(b) Routine port and airport services may be furnished under this section at no cost to the foreign country concerned where such services are provided by United States naval personnel and equipment without direct cost to the Navy. "(c) Payments for supplies and services furnished under this section may be credited to current appropriations so as to be available for the same purpose as the appropriation initially charged." SEC. 2. The analysis of chapter 631 of title 10, United States Code, is amended by striking out the following item: 7227. Foreign naval vessels : supplies and services." and inserting the following item in place thereof: "7227. Foreign naval vessels and aircraft: supplies and services." The witness is Captain Roberts of the Navy. This is a bill, Mr. Chairman, that was passed out of the committee previously and passed in both the House and Senate in very similar language. Mr. NORBLAD. What happened to it? Mr. KELLEHER. We never accepted the Senate amendment, a very minor one. It was late in the session. Mr. DURHAM. Why can't we review this? Mr. PRICE. I move that the committee report the bill back to the full committee. Mr. Hess. How about having the captain's statement in the record, Mr. Chairman ? Mr. DURHAM. We will put the captain's statement in the record. Mr. KELLEHER. Mr. Chairman, I can summarize the bill very quickly if you would like me to do that. Under existing law, supplies and services may be furnished only to naval vessels. No. 2, supplies and services may be furnished only at ports and naval bases of the United States. No. 3, for services, a prior advance of cash is required. No. 4, for supplies, a prior reciprocal agreement with a country concerned is required before supplies can be furnished on a reimbursable basis. Under this bill, aircraft would be covered as well as vessels. Supplies and services could be furnished at places other than bases and ports of the United States. And last, supplies and services except ammunition, could be furnished on a reimbursable basis without an advance of funds. (Statement of Captain Roberts follows:) Mr. Chairman and members of the committee Public Law 33 of the 83d Congress authorized the Secretary of the Navy to provide routine port services on a reciprocal basis and miscellaneous supplies on a reimbursable basis to naval vessels of friendly foreign nations with whom reciprocal agreements have been negotiated, and also to provide overhauls and repairs to such vessels if funds are provided in advance. Several considerations have made it apparent that the provisions of Public Law 33 are not sufficiently flexible to permit adequate support of our worldwide operations with foreign naval forces. First, the original act applies to furnishing supplies and services to foreign naval vessels in U.S. ports only. Our worldwide operations, many requiring continued close support of friendly foreign naval vessels, necessitate broadening this authority to enable the U.S. Navy to provide logistic support at locations other than in a U.S. port. This limitation has resulted in the disapproval of requests to issue supplies, or make minor repairs, made by foreign naval units operating with U.S. Naval Task Forces in joint exercises. H. R. 3292 would permit the furnishing of supplies and services by any U.S. naval activity without geographic limit, except that routine port services could be furnished only in U.S. waters or in waters under U.S. control. For instance, Public Law 33 does not permit us to provide minor voyage repairs to friendly foreign naval units visiting our major naval facility at Rota. Spain. A second consideration is the restriction that miscellaneous supplies can only be furnished when a prior agreement conferring reciprocal rights on the United States has been negotiated with the country concerned. Negotiations with NATO countries of agreements pursuant to Public Law 33, and importantly with Great Britain, revealed the inadvisability of having separate formal reciprocal agreements. British authorities maintain that a formal agreement is not necessary, since supplies and services have been done heretofore on a basis of long-standing custom and honored verbal agreement. NATO has generated a single agreement for all NATO countries providing for the furnishing of some routine port services without cost if there is no cost to the country providing the services. However, due to the conflict of the NATO agreement with Public Law 33, it has not been possible for the United States to approve the NATO agreement. Enactment of H. R. 3292, which requires that a foreign government furnish comparable assistance, will give the required authority for the United States to approve the NATO agreement. The U.S. Navy, operating extensively overseas, has much to gain under the NATO agreement. A third consideration is the restriction that services such as overhauling, repairs, and alterations be accomplished only after receipt of an advance of funds, Frequent repairs are made to U.S. naval vessels in British yards and no advance of funds to the Royal Navy is required or expected. On the other hand, infrequent repairs of British naval ships are accomplished by U.S. naval facilities; however British authorities are reluctant to work under an arrangement requiring an advance of funds, as they believe it is in opposition to established long-standing naval custom and honored verbal agreement. This has placed the United States in an embarrassing position, since, by law, we must receive payment in advance for services which are performed by other governments without the requirement of making an advance of funds. Enactment of H.R. 3292 would not require an advance of funds in such situations if comparable services were so rendered to U.S. Fleet units. Last is the matter of including foreign military aircraft within the scope of the act. Public Law 33 applies only to naval vessels and not to aircraft. Current and future naval operations, many of which are performed in conjunction with foreign forces, include the use of aircraft. It is therefore important that the Navy have the authority contained in H.R. 3292 to furnish supplies and services to military aircraft as well as to naval ships, with the same reasons applying in both cases. H.R. 3292 is similar to H.R. 5237 of the 85th Congress, a bill which was also sponsored by the Department of Defense. H.R. 5237 was introduced on February 22, 1957, and was reported out by the House Armed Services Committee on May 8, 1957. It passed the House on May 20, 1957. On August 4, 1958, the Senate Armed Services Committee reported out H.R. 5237 with amendments. These amendments, although completely rewriting the bill, made only three changes in substance in the House version. First, the Senate version specifically excluded ammunition from the category of supplies which might be furnished under the bill; second, it permitted the furnishing of supplies and services only when the Secretary of the Navy determined that the furnishing of supplies and services was "in the best interests of the United States"; and third, furnishing of routine port services was limited to locations which are "in territorial waters of the United States or in waters under United States control." The Senate passed H.R. 5237, as amended, on August 11, 1958; however, a conference was not held on the differences between the House and Senate prior to adjournment. Except for minor technical changes, H.R. 3292 is identical with H.R. 5237 as it passed the Senate, and therefore, is identical in substance with H.R. 5237 as it was reported out by the House Armed Services Committee with the exception of the three changes I have previously mentioned. The proposed legislation is not intended to, and will not, place the Navy in the position of being the major source of supplies and services for support of foreign naval units. It places no obligation upon the United States. It is permissive only, in that it would authorize the furnishing of supplies and services only when they are readily available, and as the situation warrants. Enactment of H.R. 3292 is not primarily directed at increasing the scope of authority the Navy now has under Public Law 33, but instead, is designed to change the manner of payment for such services and supplies, thus facilitating our operations and improving our relationships with the naval forces of our allies. Accordingly, the Department of the Navy, on behalf of the Department of Defense, recommends enactment of H.R. 3292 to permit providing support to friendly foreign naval ships and aircraft on a reimbursable basis as required to support national policy under peacetime and emergency conditions. Mr. DURHAM. Last year when we went into the bill, as I recall, it delayed our operating with our allies overseas and all the ports around the country. We don't lose any money at all. It is a question of speeding up these things and not waiting for days and weeks for repayment, which under the present law we have to. Mr. KELLEHER. Many of our allies now do this for us and we can't do it for them. Mr. DURHAM. That's right. Mr. PRICE. Mr. Chairman, I move that the record of last year of the hearings be included in our own hearing this morning and that the bill be favorably reported to the full committee for favorable recommendation. Mr. DURHAM. Without objection, it is so reported. [H.R. 5237, 85th Cong., 1 st sess.] A BILL To authorize the Secretary of the Navy to furnish supplies and services to foreign vessels and aircraft, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 7227 of title 10, United States Code, is amended to read as follows: "§ 7227. Foreign naval vessels and aircraft: supplies and services "(a) The Secretary of the Navy, under such regulations as he prescribes, may authorize any United States naval vessel or activity, to furnish, on a reimburs able basis without advance of funds, to naval vessels and military aircraft of any foreign country which makes available comparable assistance "(1) supplies and services such as overhauling, repairs, and alterations, including the installation of equipment; and "(2) miscellaneous supplies such as fuel, provisions, spare parts, and general stores. "(b) The Secretary may authorize any United States naval activity to furnish on a recriprocal basis to foreign vessels or aircraft, without cost where such services are provided by Navy personnel or equipment without direct cost to the Navy, or on a reimbursable basis without advance of funds where direct costs to the Navy are involved "(1) routine port services such as pilotage, tugs, garbage removal, line handling, and utilities; and "(2) routine airport services such as landing and takeoff assistance, use of runways, parking, and servicing. "(c) Payments for supplies and services furnished under this section may be credited to current appropriations so as to be available for the same purpose as to appropriation initially charged." SEC. 2. The analysis of chapter 631 of title 10, United States Code, is amended by striking out the item "7227. Foreign naval vessels: supplies and services” and inserting the following item in place thereof: "7227. Foreign naval vessels and aircraft: supplies and services." Mr. KELLEHER. Capt. Thomas C. Roberts is the witness on that. Mr. DURHAM. Captain, come around. Captain ROBERTS. Good morning, sir. Mr. Chairman and members of the committee, I am Capt. Thomas C. Roberts, Supply Corps, U.S. Navy. Mr. DURHAM. Have a seat, Captain, and give us a statement on H.R. 5237. Captain ROBERTS. May I read the statement, sir? Mr. DURHAM. Please. Captain ROBERTS. The act of May 27, 1953, commonly referred to as Public Law 33, 83d Congress, was sponsored by the Department of the Navy for the purpose of expediting the furnishing of supplies and services to foreign naval vessels in U.S. ports. That legislation provides that services and supplies can be furnished on a reimbursable basis to naval vessels of those friendly foreign nations with whom reciprocal agreements have been negotiated. Reciprocal agreements pursuant to this authority have been consummated with Canada, Peru, Ecuador, and Cuba. Negotiations are still underway with a number of other foreign countries. It is now apparent that the provisions of this act are not sufficiently broad and flexible to permit adequate support of our worldwide operations with friendly foreign military forces. The following important considerations have led us to this conclusion: First, the original act applies to furnishing supplies and services to foreign naval vessels in U.S. ports only. Mr. COLE. Mr. Chairman, may I interrupt? In order that I can appreciate your statement, Captain, more fully, would you indicate the change which this bill makes in existing law? Captain ROBERTS. Yes, sir; I can. Mr. COLE. Before you read your statement? Captain ROBERTS. Very well, sir. Mr. COLE. Then we will come to the point of your statement. Mr. COLE. Point out in the bill Captain ROBERTS. Sir? Mr. COLE. The new language which the bill adds to existing law. As I understand, this is not an entirely new section. Captain ROBERTS. No, sir; it is an amendment of the bill; yes, sir. Mr. COLE. Mr. Kelleher, could you take that? Mr. KELLEHER. Yes, sir. Under existing law, which was only in 1953, the Secretary of the Navy |