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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1683 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1683

    To provide for the transfer of naval vessels to certain foreign 
                  recipients, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 12, 2013

  Mr. Menendez (for himself and Mr. Corker) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                                 A BILL

 
    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.--
            (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) 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.--Notwithstanding the authority 
provided in subsections (a), (b), and (c) 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.
    (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).
    (f) 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)).
    (g) 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.
    (h) 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 
this section at the request of the Chairman or 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. PROVISION OF NATIONAL SECURITY INFORMATION TO CONGRESSIONAL 
              FOREIGN AFFAIRS COMMITTEES.

    (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. REPORT ON UNITED STATES COMMITMENTS TO THE COUNTRIES IN THE 
              MIDDLE EAST.

    (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. REVISION OF STATUTORY REFERENCES TO FORMER NATO SUPPORT 
              ORGANIZATIONS AND RELATED NATO AGREEMENTS.

    Section 21(e)(3) of the Arms Export Control Act (22 U.S.C. 
2761(e)(3)) is amended--
            (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. 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. 206. INTEGRATED AIR AND MISSILE DEFENSE PROGRAMS AT TRAINING 
              LOCATIONS IN SOUTHWEST ASIA.

    (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.).
    (b) 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 the future.
                                 <all>
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