[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1683 Engrossed in Senate (ES)]
113th CONGRESS
2d Session
S. 1683
_______________________________________________________________________
AN ACT
To provide for the transfer of naval vessels to certain foreign
recipients, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
TITLE I--TRANSFER OF EXCESS UNITED STATES NAVAL VESSELS
SEC. 101. SHORT TITLE.
This title may be cited as the ``Naval Vessel Transfer Act of
2013''.
SEC. 102. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS.
(a) Transfers by Grant to Mexico.--The President is authorized to
transfer to the Government of Mexico the OLIVER HAZARD PERRY class
guided missile frigates USS CURTS (FFG-38) and USS MCCLUSKY (FFG-41) on
a grant basis under section 516 of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j).
(b) Transfer by Sale to the Taipei Economic and Cultural
Representative Office in the United States.--The President is
authorized to transfer the OLIVER HAZARD PERRY class guided missile
frigates USS TAYLOR (FFG-50), USS GARY (FFG-51), USS CARR (FFG-52), and
USS ELROD (FFG-55) to the Taipei Economic and Cultural Representative
Office in the United States (which is the Taiwan instrumentality
designated pursuant to section 10(a) of the Taiwan Relations Act (22
U.S.C. 3309(a))) on a sale basis under section 21 of the Arms Export
Control Act (22 U.S.C. 2761).
(c) Alternative Transfer Authority.--Notwithstanding the authority
provided in subsections (a) and (b) and to transfer specific vessels to
specific countries, the President is authorized to transfer any vessel
named in this title to any country named in this section, subject to
the same conditions that would apply for such country under this
section, such that the total number of vessels transferred to such
country does not exceed the total number of vessels authorized for
transfer to such country by this section.
(d) Grants Not Counted in Annual Total of Transferred Excess
Defense Articles.--The value of a vessel transferred to another country
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).
(e) Costs of Transfers.--Any expense incurred by the United States
in connection with a transfer authorized by this section shall be
charged to the recipient notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e)).
(f) 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
that recipient, performed at a shipyard located in the United States.
(g) Expiration of Authority.--The authority to transfer a vessel
under this section shall expire at the end of the 3-year period
beginning on the date of the enactment of this Act.
TITLE II--ADDITIONAL PROVISIONS
SEC. 201. ENHANCED CONGRESSIONAL OVERSIGHT OF ARMS SALES, INCLUDING TO
THE MIDDLE EAST.
Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is
amended by adding at the end the following new subsection:
``(i) Prior Notification of Shipment of Arms.--At least 30 days
prior to a shipment of defense articles subject to the requirements of
subsection (b) at the joint request of the Chairman and Ranking Member
of the Committee on Foreign Relations of the Senate or the Committee on
Foreign Affairs of the House of Representatives, the President shall
provide notification of such pending shipment, in unclassified form,
with a classified annex as necessary, to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives.''.
SEC. 202. INCREASE IN ANNUAL LIMITATION ON TRANSFER OF EXCESS DEFENSE
ARTICLES.
Section 516(g)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j(g)(1)) is amended by striking ``$425,000,000'' and inserting
``$500,000,000''.
SEC. 203. INTEGRATED AIR AND MISSILE DEFENSE PROGRAMS AT TRAINING
LOCATIONS IN SOUTHWEST ASIA.
Section 544(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2347c(c)) is amended by adding at the end the following new paragraph:
``(4) The President shall report to the appropriate congressional
committees (as defined in section 656(e)) annually on the activities
undertaken in the programs authorized under this subsection.''.
SEC. 204. LICENSING OF CERTAIN COMMERCE-CONTROLLED ITEMS.
Section 38 of the Arms Export Control Act (22 U.S.C. 2778) is
amended by adding at the end the following new subsection:
``(k) Licensing of Certain Commerce-Controlled Items.--
``(1) In general.--A license or other approval from the
Department of State granted in accordance with this section may
also authorize the export of items subject to the Export
Administration Regulations if such items are to be used in or
with defense articles controlled on the United States Munitions
List.
``(2) Other requirements.--The following requirements shall
apply with respect to a license or other approval to authorize
the export of items subject to the Export Administration
Regulations under paragraph (1):
``(A) Separate approval from the Department of
Commerce shall not be required for such items if such
items are approved for export under a Department of
State license or other approval.
``(B) Such items subject to the Export
Administration Regulations that are exported pursuant
to a Department of State license or other approval
would remain under the jurisdiction of the Department
of Commerce with respect to any subsequent
transactions.
``(C) The inclusion of the term `subject to the
EAR' or any similar term on a Department of State
license or approval shall not affect the jurisdiction
with respect to such items.
``(3) Definition.--In this subsection, the term `Export
Administration Regulations' means--
``(A) the Export Administration Regulations as
maintained and amended under the authority of the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.); or
``(B) any successor regulations.''.
SEC. 205. AMENDMENTS RELATING TO REMOVAL OF MAJOR DEFENSE EQUIPMENT
FROM UNITED STATES MUNITIONS LIST.
(a) Requirements for Removal of Major Defense Equipment From United
States Munitions List.--Section 38(f) of the Arms Export Control Act
(22 U.S.C. 2778(f)) is amended by adding at the end the following:
``(5)(A) Except as provided in subparagraph (B), the
President shall take such actions as may be necessary to
require that, at the time of export or reexport of any major
defense equipment listed on the 600 series of the Commerce
Control List contained in Supplement No. 1 to part 774 of
subtitle B of title 15, Code of Federal Regulations, the major
defense equipment will not be subsequently modified so as to
transform such major defense equipment into a defense article.
``(B) The President may authorize the transformation of any
major defense equipment described in subparagraph (A) into a
defense article if the President--
``(i) determines that such transformation is
appropriate and in the national interests of the United
States; and
``(ii) provides notice of such transformation to
the chairman of the Committee on Foreign Affairs of the
House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate consistent
with the notification requirements of section
36(b)(5)(A) of this Act.
``(C) In this paragraph, the term `defense article' means
an item designated by the President pursuant to subsection
(a)(1).''.
(b) Notification and Reporting Requirements for Major Defense
Equipment Removed From United States Munitions List.--Section 38(f) of
the Arms Export Control Act (22 U.S.C. 2778(f)), as amended by this
section, is further amended by adding at the end the following:
``(6) The President shall ensure that any major defense
equipment that is listed on the 600 series of the Commerce
Control List contained in Supplement No. 1 to part 774 of
subtitle B of title 15, Code of Federal Regulations, shall
continue to be subject to the notification and reporting
requirements of the following provisions of law:
``(A) Section 516(f) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321j(f)).
``(B) Section 655 of the Foreign Assistance Act of
1961 (22 U.S.C. 2415).
``(C) Section 3(d)(3)(A) of this Act.
``(D) Section 25 of this Act.
``(E) Section 36(b), (c), and (d) of this Act.''.
SEC. 206. AMENDMENT TO DEFINITION OF ``SECURITY ASSISTANCE'' UNDER THE
FOREIGN ASSISTANCE ACT OF 1961.
Section 502B(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2304(d)) is amended--
(1) in paragraph (1), by striking ``and'' at the end; and
(2) by amending paragraph (2)(C) to read as follows:
``(C) any license in effect with respect to the
export to or for the armed forces, police,
intelligence, or other internal security forces of a
foreign country of--
``(i) defense articles or defense services
under section 38 of the Armed Export Control
Act (22 U.S.C. 2778); or
``(ii) items listed under the 600 series of
the Commerce Control List contained in
Supplement No. 1 to part 774 of subtitle B of
title 15, Code of Federal Regulations;''.
SEC. 207. AMENDMENTS TO DEFINITIONS OF ``DEFENSE ARTICLE'' AND
``DEFENSE SERVICE'' UNDER THE ARMS EXPORT CONTROL ACT.
Section 47 of the Arms Export Control Act (22 U.S.C. 2794) is
amended--
(1) in the matter preceding subparagraph (A) of paragraph
(3), by striking ``includes'' and inserting ``means, with
respect to a sale or transfer by the United States under the
authority of this Act or any other foreign assistance or sales
program of the United States''; and
(2) in paragraph (4), by striking ``includes'' and
inserting ``means, with respect to a sale or transfer by the
United States under the authority of this Act or any other
foreign assistance or sales program of the United States,''.
SEC. 208. TECHNICAL AMENDMENTS.
(a) In General.--The Arms Export Control Act (22 U.S.C. 2751 et
seq.) is amended--
(1) in sections 3(a), 3(d)(1), 3(d)(3)(A), 3(e), 5(c), 6,
21(g), 36(a), 36(b)(1), 36(b)(5)(C), 36(c)(1), 36(f), 38(f)(1),
40(f)(1), 40(g)(2)(B), 101(b), and 102(a)(2), by striking ``the
Speaker of the House of Representatives and'' each place it
appears and inserting ``the Speaker of the House of
Representatives, the Committee on Foreign Affairs of the House
of Representatives, and'';
(2) in section 21(i)(1) by inserting after ``the Speaker of
the House of Representatives'' the following ``, the Committees
on Foreign Affairs and Armed Services of the House of
Representatives,'';
(3) in sections 25(e), 38(f)(2), 38(j)(3), and 38(j)(4)(B),
by striking ``International Relations'' each place it appears
and inserting ``Foreign Affairs'';
(4) in sections 27(f) and 62(a), by inserting after ``the
Speaker of the House of Representatives,'' each place it
appears the following: ``the Committee on Foreign Affairs of
the House of Representatives,''; and
(5) in section 73(e)(2), by striking ``the Committee on
National Security and the Committee on International Relations
of the House of Representatives'' and inserting ``the Committee
on Armed Services and the Committee on Foreign Affairs of the
House of Representatives''.
(b) Other Technical Amendments.--
(1) Arms export control act.--The Arms Export Control Act
(22 U.S.C. 2751 et seq.), as amended by subsection (a), is
further amended--
(A) in section 38--
(i) in subsection (b)(1), by redesignating
the second subparagraph (B) (as added by
section 1255(b) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989
(Public Law 100-204; 101 Stat. 1431)) as
subparagraph (C);
(ii) in subsection (g)(1)(A)--
(I) in clause (xi), by striking ``;
or'' and inserting ``, or''; and
(II) in clause (xii)--
(aa) by striking
``section'' and inserting
``sections''; and
(bb) by striking ``(18
U.S.C. 175b)'' and inserting
``(18 U.S.C. 175c)''; and
(iii) in subsection (j)(2), in the matter
preceding subparagraph (A), by inserting ``in''
after ``to''; and
(B) in section 47(2), in the matter preceding
subparagraph (A), by striking ``sec. 21(a),,'' and
inserting ``section 21(a),''.
(2) Foreign assistance act of 1961.--Section 502B of the
Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended--
(A) in subsection (b), by striking ``Wherever
applicable, a description'' and inserting ``Wherever
applicable, such report shall include a description'';
and
(B) in subsection (d)(2)(B), by striking
``credits'' and inserting ``credits)''.
SEC. 209. APPLICATION OF CERTAIN PROVISIONS OF EXPORT ADMINISTRATION
ACT OF 1979.
(a) Protection of Information.--Section 12(c) of the Export
Administration Act of 1979 (50 U.S.C. App. 2411(c)) has been in effect
from August 20, 2001, and continues in effect on and after the date of
the enactment of this Act, pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) and notwithstanding
section 20 of the Export Administration Act of 1979 (50 U.S.C. App.
2419). Section 12(c)(1) of the Export Administration Act of 1979 is a
statute covered by section 552(b)(3) of title 5, United States Code.
(b) Termination Date.--Subsection (a) terminates at the end of the
4-year period beginning on the date of the enactment of this Act.
Passed the Senate December 4, 2014.
Attest:
Secretary.
113th CONGRESS
2d Session
S. 1683
_______________________________________________________________________
AN ACT
To provide for the transfer of naval vessels to certain foreign
recipients, and for other purposes.