United States Statutes at Large, Volume 128, 113th Congress, 2nd Session

[United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 113-276
113th Congress

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

[[Page 2990]]

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:

[[Page 2991]]

``(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.

[[Page 2992]]

``(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--

[[Page 2993]]

(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)''.

[[Page 2994]]

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.

Approved December 18, 2014.

LEGISLATIVE HISTORY--S. 1683:
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CONGRESSIONAL RECORD, Vol. 160 (2014):
Dec. 4, considered and passed Senate.
Dec. 10, considered and passed House.