(c) If the Secretary of Defense determines, after his review and assessment, that the export of such goods, technology or industrial techniques will in his judgment significantly increase the present or potential military capability of any controlled country, he shall recommend to the President that the application for export be disapproved. In any case in which the President disagrees with a recommendation made by the Secretary of Defense to prohibit the export of such goods, technology, or techniques to a controlled country, the President shall submit to the Congress a statement indicating his disagreement with the Secretary of Defense together with the recommendation of the Secretary of Defense. The application for the export of any such goods, technology, or techniques may be approved after submission by the President of his statement and the recommendation of the Secretary of Defense to the Congress and 60 days of continuous session of the Congress has elapsed following such submission unless within such 60 day period Congress has adopted a concurrent resolution disapproving the application for the export of such goods, technology, or techniques.

(d) As used in this section (1) the term "controlled country" means the Soviet Union, Poland, Romania, Hungary, Bulgaria, Czechoslovakia, the German Democratic Republ. (East Germany), and such other countries as may be designated by the Secretary of Defense, and (2) the term "days of continuous session of the Congress" shall not include days on which either House of Congress is not in session because of an adjournment of more than three days. (e) The Secretary of Defense shall submit to the Congress a written report on his implementation of this section not later than 30 days after the close of each quarter of each fiscal year. Each such report shall, among other things, identify each instance in which the Secretary recommended to the President that exports be disapproved and the action finally taken by the executive branch on the matter.

j. Armed Forces Appropriation Authorization, 1971

Partial text of Public Law 91-441 [H.R. 17123], 84 Stat. 909, approved October 7, 1970, as amended by Public Law 95-79 [H.R. 5970], 91 Stat. 323 at 334, approved July 30, 1977

AN ACT To authorize appropriations during the fiscal year 1971 for procurement of aircraft, missiles, naval vessels, and tracked combat vehicles, and other weapons, and research, development, test, and evaluation for the Armed Forces, and to authorize real estate acquisition and construction at certain installations in connection with the Safeguard antiballistic missile system, and to prescribe the authorized personnel strength of the Selected Reserve of each Reserve component of the Armed Forces, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

*

TITLE V-GENERAL PROVISIONS

Sec. 501. The Congress views with grave concern the deepening involvement of the Soviet Union in the Middle East and the clear and present danger to world peace resulting from such involvement which cannot be ignored by the United States. In order to restore and maintain the military balance in the Middle East, by furnishing to Israel for means of providing for its own security, the President is authorized to transfer to Israel, by sale, credit sale, or guaranty, such àircraft, and equipment appropriate to use, maintain, and protect such aircraft, as may be necessary to counteract any past, present, or future increased military assistance provided to other countries of the Middle East. Any such sale, credit sale, or guaranty shall be made on terms and conditions not less favorable than those extended to other countries which receive the same or similar types of aircraft and equipment. The authority contained in the second sentence of this section shall expire September 30, 1972. In any case in which aircraft or other equipment is transferred under authority of this section and such aircraft or equipment is taken from the inventory of the Armed Forces of the United States or is scheduled to be included in such inventory, the Secretary of Defense shall, as soon as practicable and as authorized by law, restock the inventory of the Armed Forces of the United States with equivalent quantities of aircraft and other equipment so transferred.2

'Sec. 807 of Public Law 95-79 (Department of Defense Appropriation Authorization Act, 1978, 91 Stat. 323 at 334) provided the following extension:

"Notwithstanding any other provision of law, the authority provided in section 501 of Public Law 91-441 (84 Stat. 909) is hereby extended until October 1, 1979; but no transfer of aircraft or other equipment may be made under the authority of such section 501 unless funds have been previously appropriated for such transfer."

The last sentence in sec. 501 was added by sec. 807(b) of the Department of Defense Appropriation Authorization Act, 1978 (Public Law 95-79; 91 Stat. 334).

6. Laws Relating to Loan or Sale of Vessels to Foreign Countries

a. Public Law 84-1028 (Title 10, United States Code)

Partial text of Public Law 84-1028 [H.R. 7049], 70A Stat. 1, approved August 10, 1956; as amended by Public Law 93-365 [H.R. 14592], 88 Stat. 399, approved August 5, 1974; and by Public Law 94-457 [S. 3734], 90 Stat. 1938, approved October 5, 1976

Chapter 633.-NAVAL VESSELS

Sec. 7307. Restriction on disposal

(a) Notwithstanding any other provision of law, no battleship, aircraft carrier, cruiser, destroyer, or submarine of the Navy may be sold, transferred, or otherwise disposed of, unless the Chief of Naval Operations certifies that it is not essential to the defense of the United States.

(b)1 (1) After the date of enactment of this paragraph, no naval vessel in excess of 3,0002 tons or less than 20 years of age may be sold, leased, granted, loaned, bartered, transferred, or otherwise disposed of to another nation unless the disposition thereof has been approved by law enacted after such date of enactment.

(2) After the date of enactment of this paragraph, any naval vessel not subject to the provisions of paragraph (1) may be sold, leased, granted, loaned, bartered, transferred, or otherwise disposed of to another nation in accordance with applicable provisions of law only after the Secretary of the Navy, or his designee, has notified the Committees on Armed Services of the Senate and the House of Representatives in writing of the proposed disposition and 30 days of continuous session of Congress have expired following the date on which notice was transmitted to such committees. For purposes of this paragraph, the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of such 30-day period.

1Subsec. (b), amended by sec. 702 of Public Law 93-365, 88 Stat. 399 at 406, formerly read as follows:

"(b) Without authority from Congress granted after March 10, 1951, no battleship, aircraft carrier, cruiser, destroyer, or submarine that has not been stricken from the Naval Vessel Register under section 7304 of this title, nor any interest of the United States in such a vessel, may be sold, transferred, or otherwise disposed of under any law."

2 Sec. 2 of Public Law 94-457 substituted "3,000" in lieu of “2,000".

EXECUTED PUBLIC LAWS

a. Netherlands-Public Law 82-510 [S. 3337], 66 Stat. 587, approved July 11, 1952.

b. Italy and France; Far Eastern and European Nations-Public Law 83-188 [S. 2277], 67 Stat. 363, approved August 5, 1953, as amended by Public Law 84-948 [H.R. 11613], 70 Stat. 967, approved August 3, 1956.

c. Turkey-Public Law 83-214 [S. 2539], 67 Stat. 471, approved August 7, 1953.

d. Brazil-Public Law 84-484 [H.R. 8100], 70 Stat. 105, approved April 6, 1956.

e. Netherlands and Venezuela-Public Law 85-220 [H.R. 6952], 71 Stat. 495, approved August 29, 1957.

f. NATO and the European Area; the Latin American and Far Eastern Areas-Public Law 85-532 [S. 3506], 72 Stat. 376; 50 U.S.C. App. 1878e-1878i, approved July 18, 1958.

g. Italy, Turkey, and the Republic of China-Public Law 86-57 [H.R. 3366], 73 Stat. 90; 50 U.S.C. App. 1878j-18781, approved June 23, 1959.

h. Republic of China-Public Law 86-482 [H.R. 9465], 74 Stat. 153; 50 U.S.C. App. 1878m-1878p, approved June 1, 1960.

i. Portugal, Spain, NATO, Southern Asia, and the Far Eastern Area-Public Law 87-387 [H.R. 7726], 75 Stat. 815; 50 U.S.C. App. 1878q-1878x, approved October 4, 1961.

j. Argentina, Brazil, China, Germany, Greece, Italy, Japan, The Netherlands, Peru, Spain, Thailand, and Turkey-Public Law 88437 [H.R. 11035], 78 Stat. 444; 50 U.S.C. App. 1878y-1878bb, approved August 14, 1964.

k. Italy, Spain, Argentina, Brazil, Turkey, and the PhilippinesPublic Law 89-324 [H.R. 7812], 79 Stat. 1214; 50 U.S.C. App. 1878cc-1878mm, approved November 5, 1965.

1. Republic of China-Public Law 89-398 [H.R. 7813], 80 Stat. 121; 50 U.S.C. App. 1878nn-1878ss, approved April 16, 1966.

m. Argentina, Brazil, Chile, Colombia, Federal Republic of Germany, Greece, Republic of Korea, Portugal, Spain, and PeruPublic Law 90-224 [H.R. 6167], 81 Stat. 729; 50 U.S.C. App. 1878tt1878xx approved December 26, 1967.

n. Greece, Pakistan, Republic of Vietnam, and Turkey-Public Law 91-682 [H.R. 15728], 84 Stat. 2066; 50 U.S.C. App. 1878yy1878zz-3, approved January 12, 1971.

o. Spain, Turkey, Greece, Republic of Korea and Italy-Public Law 92-270 [H.R. 9526], 86 Stat. 118; 50 U.S.C. App. 1878zz-41878zz-8, approved April 6, 1972.

p. Argentina, Republic of China, Colombia, Germany, Greece, Iran, Republic of Korea, Pakistan, the Philippines, Spain, and Venezuela-Public Law 94-457 [S. 3734], 90 Stat. 1938, approved October 5, 1976.

q. Brazil, Colombia, Ecuador, Greece, Indonesia, Republic of Korea, Mexico, Peru, Philippines, and Spain-Public Law 96-150 [H.R. 5163], 93 Stat. 1091, approved December 20, 1979.

b. Transfer of Certain Naval Vessels

Public Law 97–342 [H.R. 7115], 96 Stat. 1641, approved October 15, 1982

AN ACT To authorize the transfer of nine naval vessels to certain foreign
governments.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the approval of the Congress required by section 7307(b)(1) of title 10, United States Code, is hereby granted for the sale under section 21 of the Arms Export Control Act (22 U.S.C. 2761) of a vessel of the United States Navy, as follows: the sale of one auxiliary dry dock of the ARD 12 class to the Government of Ecuador.

Sec. 2. (a) The approval of the Congress required by section 7307(b)(1) of title 10, United States Code, is hereby granted for the lease under chapter 6 of the Arms Export Control Act (22 U.S.C. 2796-2796c) of vessels of the United States Navy, as follows:

(1) The lease of two patrol combatants of the Asheville class to the Government of Colombia.

(2) The lease of three fast patrol boats of the Osprey class to the Government of the Dominican Republic.

(3) The lease of one oceanographic research ship of the Conrad class to the Government of Mexico.

(4) The lease of one destroyer tender of the Arcadia class to the Government of Pakistan.

(5) The lease of one destroyer tender of the Dixie class to the Government of Turkey.

(b)(1) Except as provided in section 3, section 62 of the Arms Export Control Act (22 U.S.C. 2796a) shall not apply with respect to the leases described in subsection (a) of this section.

(2) The requirement contained in section 61(a)(3) of the Arms Export Control Act (22 U.S.C. 2796(a)(3)) shall not apply to a lease described in subsection (a) of this section which would otherwise be subject to that requirement; however, any expense of the United States in connection with any such lease shall be charged to the government to which the vessel is leased.

(3) Notwithstanding section 321 of the Act of June 30, 1932 (40 U.S.C. 303b), the lease of a vessel described in subsection (a) of this section may provide, as part or all of the consideration for the lease, for the maintenance, protection, repair, or restoration of the vessel by the lessee.

Sec. 3. The approval to transfer naval vessels granted by this Act shall expire at the end of the two-year period beginning on the date of the enactment of this Act, but a lease for any such vessel which is entered into before the end of that period may be renewed in accordance with this Act, subject to the reporting requirement of section 62 of the Arms Export Control Act.