II 

Calendar No. 247 

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, Mr. CORKER, and Mr. COATS) introduced the 

following bill; which was read twice and referred to the Committee on 

Foreign Relations 

NOVEMBER 14, 2013 

Reported by Mr. MENENDEZ, without amendment 

A BILL 

To provide for the transfer of naval vessels to certain foreign 

recipients, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. APPROPRIATE CONGRESSIONAL COMMITTEES 

4 DEFINED. 

5 In this Act, the term ‘‘appropriate congressional com6 mittees’’ means— 

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1 (1) the Committee on Foreign Relations of the 

2 Senate; and 

3 (2) the Committee on Foreign Affairs of the 

4 House of Representatives. 

5 TITLE I—TRANSFER OF EXCESS 

6 UNITED STATES NAVAL VESSELS 

7 SEC. 101. SHORT TITLE. 

8 This title may be cited as the ‘‘Naval Vessel Transfer 

9 Act of 2013’’. 

10 SEC. 102. TRANSFER OF NAVAL VESSELS TO CERTAIN FOR11 EIGN RECIPIENTS. 

12 (a) TRANSFERS BY GRANT.— 

13 (1) AUTHORITY.—The President is authorized 

14 to transfer vessels to foreign countries on a grant 

15 basis under section 516 of the Foreign Assistance 

16 Act of 1961 (22 U.S.C. 2321j), subject to paragraph 

17 (2), as follows: 

18 (A) MEXICO.—To the Government of Mex19 ico, the OLIVER HAZARD PERRY class guid20 ed missile frigates USS CURTS (FFG–38) and 

21 USS MCCLUSKY (FFG–41). 

22 (B) THAILAND.—To the Government of 

23 Thailand, the OLIVER HAZARD PERRY 

24 class guided missile frigates USS RENTZ 

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1 (FFG–46) and USS VANDEGRIFT (FFG– 

2 48). 

3 (b) TRANSFER BY SALE TO THE TAIPEI ECONOMIC

4 AND CULTURAL REPRESENTATIVE OFFICE IN THE

5 UNITED STATES.—The President is authorized to transfer 

6 the OLIVER HAZARD PERRY class guided missile frig7 ates USS TAYLOR (FFG–50), USS GARY (FFG–51), 

8 USS CARR (FFG–52), and USS ELROD (FFG–55) to 

9 the Taipei Economic and Cultural Representative Office 

10 in the United States (which is the Taiwan instrumentality 

11 designated pursuant to section 10(a) of the Taiwan Rela12 tions Act (22 U.S.C. 3309(a))) on a sale basis under sec13 tion 21 of the Arms Export Control Act (22 U.S.C. 2761). 

14 (c) TRANSFER TO PAKISTAN BY GRANT UPON CER15 TIFICATIONS.— 

16 (1) AUTHORITY.—The President is authorized 

17 in each of fiscal years 2014 through 2016 to trans18 fer to the Government of Pakistan one of the OLI19 VER HAZARD PERRY class guided missile frig20 ates USS KLAKRING (FFG–42), USS DE WERT 

21 (FFG–45), and USS ROBERT G. BRADLEY 

22 (FFG–49) on a grant basis under section 516 of the 

23 Foreign Assistance Act (22 U.S.C. 2321j), 15 days 

24 after certifying to the appropriate congressional 

25 committees that the Government of Pakistan is— 

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1 (A) cooperating with the United States 

2 Government in counterterrorism efforts against 

3 the Haqqani Network, the Quetta Shura 

4 Taliban, Lashkar e-Tayyiba, Jaish-e-Moham5 med, al Qaeda, and other domestic and foreign 

6 terrorist organizations, including taking con7 crete and measurable steps to— 

8 (i) end Government of Pakistan sup9 port for such groups; 

10 (ii) prevent such groups from basing 

11 and operating in Pakistan; and 

12 (iii) prevent such groups from car13 rying out cross-border attacks into neigh14 boring countries; 

15 (B) not supporting terrorist activities 

16 against United States or coalition forces or 

17 United States citizens in Afghanistan or else18 where, or any organizations planning, con19 ducting, or advocating such activities; 

20 (C) taking concrete and measurable steps 

21 to dismantle improvised explosive device (IED) 

22 networks and interdict precursor chemicals used 

23 in the manufacture of IEDs; 

24 (D) not engaging in, and taking concrete 

25 and measurable steps to prevent the proliferamstockstill on DSK4VPTVN1PROD with BILLS

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1 tion of nuclear-related material, equipment, 

2 technology, and expertise; 

3 (E) issuing visas in a timely manner for 

4 United States visitors engaged in counterter5 rorism efforts, assistance programs, and De6 partment of State operations in Pakistan; 

7 (F) providing humanitarian organizations 

8 access to detainees, internally displaced per9 sons, and other Pakistani civilians affected by 

10 the conflict; 

11 (G) taking steps towards releasing Dr. 

12 Shakil Afridi from prison and clearing him of 

13 all charges; and 

14 (H) ensuring that the military and intel15 ligence agencies of the Government of Pakistan 

16 are not intervening into political and judicial 

17 processes in Pakistan. 

18 (2) WAIVER.— 

19 (A) IN GENERAL.—The President may 

20 waive the certification requirements under para21 graph (1) in any of fiscal years 2014 through 

22 2016 if the President determines, and notifies 

23 the appropriate congressional committees, that 

24 it is in the national security interests of the 

25 United States to waive such requirement. 

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1 (B) EFFECTIVE DATE OF WAIVER.—The 

2 waiver shall become effective 45 days after the 

3 President provides to the appropriate congres4 sional committees a report detailing the reasons 

5 for making the determination and an analysis 

6 of the degree to which the actions of the Gov7 ernment of Pakistan do or do not satisfy the 

8 criteria in subparagraphs (A)–(H) of paragraph 

9 (1). 

10 (d) ALTERNATIVE TRANSFER AUTHORITY.—Not11 withstanding the authority provided in subsections (a), 

12 (b), and (c) to transfer specific vessels to specific coun13 tries, the President is authorized to transfer any vessel 

14 named in this title to any country named in this section, 

15 subject to the same conditions that would apply for such 

16 country under this section, such that the total number of 

17 vessels transferred to such country does not exceed the 

18 total number of vessels authorized for transfer to such 

19 country by this section. 

20 (e) GRANTS NOT COUNTED IN ANNUAL TOTAL OF

21 TRANSFERRED EXCESS DEFENSE ARTICLES.—The value 

22 of a vessel transferred to another country on a grant basis 

23 pursuant to authority provided by subsection (a) or (c) 

24 shall not be counted against the aggregate value of excess 

25 defense articles transferred in any fiscal year under secmstockstill on DSK4VPTVN1PROD with BILLS

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1 tion 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 

2 2321j). 

3 (f) COSTS OF TRANSFERS.—Any expense incurred by 

4 the United States in connection with a transfer authorized 

5 by this section shall be charged to the recipient notwith6 standing section 516(e) of the Foreign Assistance Act of 

7 1961 (22 U.S.C. 2321j(e)). 

8 (g) REPAIR AND REFURBISHMENT IN UNITED

9 STATES SHIPYARDS.—To the maximum extent prac10 ticable, the President shall require, as a condition of the 

11 transfer of a vessel under this section, that the recipient 

12 to which the vessel is transferred have such repair or re13 furbishment of the vessel as is needed, before the vessel 

14 joins the naval forces of that recipient, performed at a 

15 shipyard located in the United States. 

16 (h) EXPIRATION OF AUTHORITY.—The authority to 

17 transfer a vessel under this section shall expire at the end 

18 of the 3-year period beginning on the date of the enact19 ment of this Act. 

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1 TITLE II—ADDITIONAL 

2 PROVISIONS 

3 SEC. 201. ENHANCED CONGRESSIONAL OVERSIGHT OF 

4 ARMS SALES, INCLUDING TO THE MIDDLE 

5 EAST. 

6 Section 36 of the Arms Export Control Act (22 

7 U.S.C. 2776) is amended by adding at the end the fol8 lowing new subsection: 

9 ‘‘(i) PRIOR NOTIFICATION OF SHIPMENT OF ARMS.— 

10 At least 30 days prior to a shipment of defense articles 

11 subject to the requirements of this section at the request 

12 of the Chairman or Ranking Member of the Committee 

13 on Foreign Relations of the Senate or the Committee on 

14 Foreign Affairs of the House of Representatives, the 

15 President shall provide notification of such pending ship16 ment, in unclassified form, with a classified annex as nec17 essary, to the Committee on Foreign Relations of the Sen18 ate and the Committee on Foreign Affairs of the House 

19 of Representatives.’’. 

20 SEC. 202. PROVISION OF NATIONAL SECURITY INFORMA21 TION TO CONGRESSIONAL FOREIGN AFFAIRS 

22 COMMITTEES. 

23 (a) NEW DIRECTIVES OR POLICY GUIDANCE.—The 

24 President shall provide to the appropriate congressional 

25 committees copies of any new Presidential directives or 

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1 policy guidance on national security, including on United 

2 States counterterrorism policies, and brief such commit3 tees on such directives or guidance, not later than five 

4 days after issuance of such directives or guidance. 

5 (b) PREVIOUS DIRECTIVES OR POLICY GUIDANCE.— 

6 Not later than 15 days after the date of the enactment 

7 of this Act, the President shall provide to the appropriate 

8 congressional committees copies of any directives or policy 

9 guidance described under subsection (a) that were issued 

10 on or after January 1, 2013, and prior to the date of the 

11 enactment of this Act. 

12 SEC. 203. REPORT ON UNITED STATES COMMITMENTS TO 

13 THE COUNTRIES IN THE MIDDLE EAST. 

14 (a) INITIAL REPORT.—Not later than 30 days after 

15 the date of the enactment of this Act, the President shall 

16 submit to the appropriate congressional committees a re17 port that contains— 

18 (1) a copy of each assurance made by United 

19 States government officials to officials of the govern20 ment of each country in the Middle East, including 

21 such assurances made to the Government of Israel 

22 regarding Israel’s security and maintenance of 

23 Israel’s qualitative military edge for the period be24 ginning on January 1, 1975, and ending on the date 

25 of the enactment of this Act; and 

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1 (2) an analysis of the extent to which, and by 

2 what means, each such assurance has been and is 

3 continuing to be fulfilled. 

4 (b) SUBSEQUENT REPORTS.— 

5 (1) NEW ASSURANCES AND REVISIONS.—Not 

6 later than 15 days after the United States Govern7 ment makes or revises any security assurance to an 

8 official of any of the countries covered by subsection 

9 (a)(1), including such assurances made to the Gov10 ernment of Israel regarding Israel’s security and 

11 maintenance of Israel’s qualitative military edge, as 

12 well as any other assurance made to Israel that is 

13 provided in conjunction with exports under the Arms 

14 Export Control Act (22 U.S.C. 2751 et seq.), on or 

15 after the date of the enactment of this Act, the 

16 President shall transmit to the appropriate congres17 sional committees a report containing a copy of each 

18 such security assurance and an analysis of the ex19 tent to which, and by what means, each such secu20 rity assurance has been and is continuing to be ful21 filled. 

22 (2) FIVE-YEAR REPORTS.—Not later than five 

23 years after the date of the enactment of this Act, 

24 and every five years thereafter, the President shall 

25 transmit to the appropriate congressional commitmstockstill on DSK4VPTVN1PROD with BILLS

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1 tees a report that contains the information required 

2 under subsection (a) with respect to each assurance 

3 described in such subsection and each revision to 

4 such assurances made during the preceding five-year 

5 period. 

6 (c) FORM.—Each report required by this section shall 

7 be transmitted in unclassified form, but may contain a 

8 classified annex, if necessary. 

9 SEC. 204. REVISION OF STATUTORY REFERENCES TO 

10 FORMER NATO SUPPORT ORGANIZATIONS 

11 AND RELATED NATO AGREEMENTS. 

12 Section 21(e)(3) of the Arms Export Control Act (22 

13 U.S.C. 2761(e)(3)) is amended— 

14 (1) by striking ‘‘Maintenance and Supply Agen15 cy of the North Atlantic Treaty Organization’’ both 

16 places it appears and inserting ‘‘North Atlantic 

17 Treaty Organization (NATO) Support Organization 

18 and its executive agencies’’; 

19 (2) in subparagraph (A)(i), by striking ‘‘weapon 

20 system partnership agreement’’ and inserting ‘‘sup21 port partnership agreement’’; and 

22 (3) in subparagraph (C)(i)(II), by striking ‘‘a 

23 specific weapon system’’ and inserting ‘‘activities’’. 

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1 SEC. 205. INCREASE IN ANNUAL LIMITATION ON TRANSFER 

2 OF EXCESS DEFENSE ARTICLES. 

3 Section 516(g)(1) of the Foreign Assistance Act of 

4 1961 (22 U.S.C. 2321j(g)(1)) is amended by striking 

5 ‘‘$425,000,000’’ and inserting ‘‘$500,000,000’’. 

6 SEC. 206. INTEGRATED AIR AND MISSILE DEFENSE PRO7 GRAMS AT TRAINING LOCATIONS IN SOUTH8 WEST ASIA. 

9 (a) AUTHORITY.—Notwithstanding section 544(c)(1) 

10 of the Foreign Assistance Act of 1961 (22 U.S.C. 

11 2347(c)(1)), for fiscal years 2014 through 2016, the 

12 President is authorized to enter into cooperative arrange13 ments providing for the participation of foreign and 

14 United States military and civilian defense personnel for 

15 integrated air and missile defense programs in Southwest 

16 Asia without charge to participating countries and, not17 withstanding section 632(d) of such Act (22 U.S.C. 

18 2392(d)), without charge to the fund available to carry 

19 out chapter II of part II of the Foreign Assistance Act 

20 (22 U.S.C. 2311 et seq.). 

21 (b) REPORT.—Not later than one year after the date 

22 of the enactment of this Act, and annually thereafter until 

23 a final summary report is submitted after the end of fiscal 

24 year 2016, the President shall submit to the Committees 

25 on Armed Services and Foreign Relations of the Senate 

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1 fairs of the House of Representatives a report on the im2 plementation of the authority provided under subsection 

3 (a), including a description of the numbers of such partici4 pating foreign personnel, the cost of such non-reimburs5 able arrangements, and prospects for equitable contribu6 tions from such countries in the future. 

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Calendar No. 247 

113TH CONGRESS 

1ST SESSION S. 1683 

A BILL 

To provide for the transfer of naval vessels to 

certain foreign recipients, and for other purposes. 

NOVEMBER 14, 2013 

Reported without amendment 

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