[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.