[Congressional Record Volume 160, Number 147 (Thursday, December 4, 2014)]
[Senate]
[Pages S6352-S6353]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3973. Mr. REID (for Mr. Menendez) proposed an amendment to the 
bill S. 1683, to provide for the transfer of naval vessels to certain 
foreign recipients, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     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):

[[Page S6353]]

       ``(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.

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