[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1683 Reported in Senate (RS)]
Calendar No. 247
113th CONGRESS
1st Session
S. 1683
To provide for the transfer of naval vessels to certain foreign
recipients, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 12, 2013
Mr. Menendez (for himself, Mr. Corker, and Mr. Coats) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
November 14, 2013
Reported by Mr. Menendez, without amendment
_______________________________________________________________________
A BILL
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.--
(1) Authority.--The President is authorized to transfer
vessels to foreign countries on a grant basis under section 516
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j),
subject to paragraph (2), as follows:
(A) Mexico.--To the Government of Mexico, the
OLIVER HAZARD PERRY class guided missile frigates USS
CURTS (FFG-38) and USS MCCLUSKY (FFG-41).
(B) Thailand.--To the Government of Thailand, the
OLIVER HAZARD PERRY class guided missile frigates USS
RENTZ (FFG-46) and USS VANDEGRIFT (FFG-48).
(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) Transfer to Pakistan by Grant Upon Certifications.--
(1) Authority.--The President is authorized in each of
fiscal years 2014 through 2016 to transfer to the Government of
Pakistan one of the OLIVER HAZARD PERRY class guided missile
frigates USS KLAKRING (FFG-42), USS DE WERT (FFG-45), and USS
ROBERT G. BRADLEY (FFG-49) on a grant basis under section 516
of the Foreign Assistance Act (22 U.S.C. 2321j), 15 days after
certifying to the appropriate congressional committees that the
Government of Pakistan is--
(A) cooperating with the United States Government
in counterterrorism efforts against the Haqqani
Network, the Quetta Shura Taliban, Lashkar e-Tayyiba,
Jaish-e-Mohammed, al Qaeda, and other domestic and
foreign terrorist organizations, including taking
concrete and measurable steps to--
(i) end Government of Pakistan support for
such groups;
(ii) prevent such groups from basing and
operating in Pakistan; and
(iii) prevent such groups from carrying out
cross-border attacks into neighboring
countries;
(B) not supporting terrorist activities against
United States or coalition forces or United States
citizens in Afghanistan or elsewhere, or any
organizations planning, conducting, or advocating such
activities;
(C) taking concrete and measurable steps to
dismantle improvised explosive device (IED) networks
and interdict precursor chemicals used in the
manufacture of IEDs;
(D) not engaging in, and taking concrete and
measurable steps to prevent the proliferation of
nuclear-related material, equipment, technology, and
expertise;
(E) issuing visas in a timely manner for United
States visitors engaged in counterterrorism efforts,
assistance programs, and Department of State operations
in Pakistan;
(F) providing humanitarian organizations access to
detainees, internally displaced persons, and other
Pakistani civilians affected by the conflict;
(G) taking steps towards releasing Dr. Shakil
Afridi from prison and clearing him of all charges; and
(H) ensuring that the military and intelligence
agencies of the Government of Pakistan are not
intervening into political and judicial processes in
Pakistan.
(2) Waiver.--
(A) In general.--The President may waive the
certification requirements under paragraph (1) in any
of fiscal years 2014 through 2016 if the President
determines, and notifies the appropriate congressional
committees, that it is in the national security
interests of the United States to waive such
requirement.
(B) Effective date of waiver.--The waiver shall
become effective 45 days after the President provides
to the appropriate congressional committees a report
detailing the reasons for making the determination and
an analysis of the degree to which the actions of the
Government of Pakistan do or do not satisfy the
criteria in subparagraphs (A)-(H) of paragraph (1).
(d) Alternative Transfer Authority.--Notwithstanding the authority
provided in subsections (a), (b), and (c) 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.
(e) 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) or
(c) 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).
(f) 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)).
(g) 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.
(h) 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
this section at the request of the Chairman or 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. PROVISION OF NATIONAL SECURITY INFORMATION TO CONGRESSIONAL
FOREIGN AFFAIRS COMMITTEES.
(a) New Directives or Policy Guidance.--The President shall provide
to the appropriate congressional committees copies of any new
Presidential directives or policy guidance on national security,
including on United States counterterrorism policies, and brief such
committees on such directives or guidance, not later than five days
after issuance of such directives or guidance.
(b) Previous Directives or Policy Guidance.--Not later than 15 days
after the date of the enactment of this Act, the President shall
provide to the appropriate congressional committees copies of any
directives or policy guidance described under subsection (a) that were
issued on or after January 1, 2013, and prior to the date of the
enactment of this Act.
SEC. 203. REPORT ON UNITED STATES COMMITMENTS TO THE COUNTRIES IN THE
MIDDLE EAST.
(a) Initial Report.--Not later than 30 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a report that contains--
(1) a copy of each assurance made by United States
government officials to officials of the government of each
country in the Middle East, including such assurances made to
the Government of Israel regarding Israel's security and
maintenance of Israel's qualitative military edge for the
period beginning on January 1, 1975, and ending on the date of
the enactment of this Act; and
(2) an analysis of the extent to which, and by what means,
each such assurance has been and is continuing to be fulfilled.
(b) Subsequent Reports.--
(1) New assurances and revisions.--Not later than 15 days
after the United States Government makes or revises any
security assurance to an official of any of the countries
covered by subsection (a)(1), including such assurances made to
the Government of Israel regarding Israel's security and
maintenance of Israel's qualitative military edge, as well as
any other assurance made to Israel that is provided in
conjunction with exports under the Arms Export Control Act (22
U.S.C. 2751 et seq.), on or after the date of the enactment of
this Act, the President shall transmit to the appropriate
congressional committees a report containing a copy of each
such security assurance and an analysis of the extent to which,
and by what means, each such security assurance has been and is
continuing to be fulfilled.
(2) Five-year reports.--Not later than five years after the
date of the enactment of this Act, and every five years
thereafter, the President shall transmit to the appropriate
congressional committees a report that contains the information
required under subsection (a) with respect to each assurance
described in such subsection and each revision to such
assurances made during the preceding five-year period.
(c) Form.--Each report required by this section shall be
transmitted in unclassified form, but may contain a classified annex,
if necessary.
SEC. 204. REVISION OF STATUTORY REFERENCES TO FORMER NATO SUPPORT
ORGANIZATIONS AND RELATED NATO AGREEMENTS.
Section 21(e)(3) of the Arms Export Control Act (22 U.S.C.
2761(e)(3)) is amended--
(1) by striking ``Maintenance and Supply Agency of the
North Atlantic Treaty Organization'' both places it appears and
inserting ``North Atlantic Treaty Organization (NATO) Support
Organization and its executive agencies'';
(2) in subparagraph (A)(i), by striking ``weapon system
partnership agreement'' and inserting ``support partnership
agreement''; and
(3) in subparagraph (C)(i)(II), by striking ``a specific
weapon system'' and inserting ``activities''.
SEC. 205. 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. 206. INTEGRATED AIR AND MISSILE DEFENSE PROGRAMS AT TRAINING
LOCATIONS IN SOUTHWEST ASIA.
(a) Authority.--Notwithstanding section 544(c)(1) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347(c)(1)), for fiscal years 2014
through 2016, the President is authorized to enter into cooperative
arrangements providing for the participation of foreign and United
States military and civilian defense personnel for integrated air and
missile defense programs in Southwest Asia without charge to
participating countries and, notwithstanding section 632(d) of such Act
(22 U.S.C. 2392(d)), without charge to the fund available to carry out
chapter II of part II of the Foreign Assistance Act (22 U.S.C. 2311 et
seq.).
(b) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter until a final summary
report is submitted after the end of fiscal year 2016, the President
shall submit to the Committees on Armed Services and Foreign Relations
of the Senate and the Committees on Armed Services and Foreign Affairs
of the House of Representatives a report on the implementation of the
authority provided under subsection (a), including a description of the
numbers of such participating foreign personnel, the cost of such non-
reimbursable arrangements, and prospects for equitable contributions
from such countries in the future.
Calendar No. 247
113th CONGRESS
1st Session
S. 1683
_______________________________________________________________________
A BILL
To provide for the transfer of naval vessels to certain foreign
recipients, and for other purposes.
_______________________________________________________________________
November 14, 2013
Reported without amendment