--- kind: "diff" citation: "S. 1683" bill: "113-s-1683" heading: "Naval Vessel Transfer Act of 2013" from: "rs" from_label: "Reported in Senate" to: "es" to_label: "Engrossed in Senate" sections_amended: 7 sections_added: 3 sections_removed: 0 url: "https://uscodex.org/bills/113/s/1683/changes/es" --- # S. 1683 — what changed S. 1683, Naval Vessel Transfer Act of 2013 — 7 sections amended and 3 added between Reported in Senate and Engrossed in Senate. Edits are marked `struck` and `inserted`. ## 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). - (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) 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. - (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—Grants not counted in annual total of transferred excess defense articles— Notwithstanding the authority provided in subsections (a), (b), and (c) to transfer specific vessels to specific countries, the President is authorized to transfer any The value of a vessel named in this title transferred to any another country named in this section, subject on a grant basis pursuant to the same conditions that would apply for such country under this section, such that authority provided by subsection (a) shall not be counted against the total number aggregate value of vessels excess defense articles transferred to such country does not exceed in any fiscal year under section 516 of the total number Foreign Assistance Act of vessels authorized for transfer to such country by this section.1961 (22 U.S.C. 2321j). - (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). - (e) [was (7)] 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) [was (8)] 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) [was (9)] 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. ## 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 subsection (b) at the joint request of the Chairman or 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”. - (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 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.” - (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 Licensing of certain commerce-controlled items - Section 21(e)(3) 38 of the Arms Export Control Act (22 U.S.C. 2761(e)(3)) 2778) is amended—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.” - (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 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.” - 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 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— - (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.). - (1) 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 paragraph (1), by striking “and” at the future.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 — added - 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 — added - (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 — added - (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.