[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1683 Enrolled Bill (ENR)]
S.1683
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
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,

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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.

b09dc785a5358e00e6a02d4ea506831d9837f1e9a390c6188c9121e81fbff75e

This title may be cited as the ``Naval Vessel Transfer Act of
2013''.

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TITLE I

-TRANSFER OF EXCESS UNITED STATES NAVAL VESSELS

(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.

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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.''.

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TITLE II

-ADDITIONAL PROVISIONS

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''.

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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.''.

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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.''.

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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.''.

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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;''.

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``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,''.

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(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)''.

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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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

fdef6ebf3c869de5f39a0c5d1117eaf75bab6b16c97c9436308fcb13b42a9a3a

Naval Vessel Transfer Act of 2013 — S. 1683

Other Sections

TITLE I

TITLE II

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