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, 

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 
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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: 
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‘‘(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. 
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‘‘(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— 
S. 1683—5 

(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)’’. 
S. 1683—6 

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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.