113TH CONGRESS 

2D SESSION S. 1683 

AN ACT 

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, 
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1 SECTION 1. APPROPRIATE CONGRESSIONAL COMMITTEES 

2 DEFINED. 

3 In this Act, the term ‘‘appropriate congressional com4 mittees’’ means— 

5 (1) the Committee on Foreign Relations of the 

6 Senate; and 

7 (2) the Committee on Foreign Affairs of the 

8 House of Representatives. 

9 TITLE I—TRANSFER OF EXCESS 

10 UNITED STATES NAVAL VESSELS 

11 SEC. 101. SHORT TITLE. 

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

13 Act of 2013’’. 

14 SEC. 102. TRANSFER OF NAVAL VESSELS TO CERTAIN FOR15 EIGN RECIPIENTS. 

16 (a) TRANSFERS BY GRANT TO MEXICO.—The Presi17 dent is authorized to transfer to the Government of Mexico 

18 the OLIVER HAZARD PERRY class guided missile frig19 ates USS CURTS (FFG–38) and USS MCCLUSKY 

20 (FFG–41) on a grant basis under section 516 of the For21 eign Assistance Act of 1961 (22 U.S.C. 2321j). 

22 (b) TRANSFER BY SALE TO THE TAIPEI ECONOMIC

23 AND CULTURAL REPRESENTATIVE OFFICE IN THE

24 UNITED STATES.—The President is authorized to transfer 

25 the OLIVER HAZARD PERRY class guided missile frig26 ates USS TAYLOR (FFG–50), USS GARY (FFG–51), 
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1 USS CARR (FFG–52), and USS ELROD (FFG–55) to 

2 the Taipei Economic and Cultural Representative Office 

3 in the United States (which is the Taiwan instrumentality 

4 designated pursuant to section 10(a) of the Taiwan Rela5 tions Act (22 U.S.C. 3309(a))) on a sale basis under sec6 tion 21 of the Arms Export Control Act (22 U.S.C. 2761). 

7 (c) ALTERNATIVE TRANSFER AUTHORITY.—Not8 withstanding the authority provided in subsections (a) and 

9 (b) and to transfer specific vessels to specific countries, 

10 the President is authorized to transfer any vessel named 

11 in this title to any country named in this section, subject 

12 to the same conditions that would apply for such country 

13 under this section, such that the total number of vessels 

14 transferred to such country does not exceed the total num15 ber of vessels authorized for transfer to such country by 

16 this section. 

17 (d) GRANTS NOT COUNTED IN ANNUAL TOTAL OF

18 TRANSFERRED EXCESS DEFENSE ARTICLES.—The value 

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

20 pursuant to authority provided by subsection (a) shall not 

21 be counted against the aggregate value of excess defense 

22 articles transferred in any fiscal year under section 516 

23 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). 

24 (e) COSTS OF TRANSFERS.—Any expense incurred by 

25 the United States in connection with a transfer authorized 
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1 by this section shall be charged to the recipient notwith2 standing section 516(e) of the Foreign Assistance Act of 

3 1961 (22 U.S.C. 2321j(e)). 

4 (f) REPAIR AND REFURBISHMENT IN UNITED

5 STATES SHIPYARDS.—To the maximum extent prac6 ticable, the President shall require, as a condition of the 

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

8 to which the vessel is transferred have such repair or re9 furbishment of the vessel as is needed, before the vessel 

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

11 shipyard located in the United States. 

12 (g) EXPIRATION OF AUTHORITY.—The authority to 

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

14 of the 3-year period beginning on the date of the enact15 ment of this Act. 

16 TITLE II—ADDITIONAL 

17 PROVISIONS 

18 SEC. 201. ENHANCED CONGRESSIONAL OVERSIGHT OF 

19 ARMS SALES, INCLUDING TO THE MIDDLE 

20 EAST. 

21 Section 36 of the Arms Export Control Act (22 

22 U.S.C. 2776) is amended by adding at the end the fol23 lowing new subsection: 

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

25 At least 30 days prior to a shipment of defense articles 
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1 subject to the requirements of subsection (b) at the joint 

2 request of the Chairman and Ranking Member of the 

3 Committee on Foreign Relations of the Senate or the 

4 Committee on Foreign Affairs of the House of Representa5 tives, the President shall provide notification of such pend6 ing shipment, in unclassified form, with a classified annex 

7 as necessary, to the Committee on Foreign Relations of 

8 the Senate and the Committee on Foreign Affairs of the 

9 House of Representatives.’’. 

10 SEC. 202. INCREASE IN ANNUAL LIMITATION ON TRANSFER 

11 OF EXCESS DEFENSE ARTICLES. 

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

13 1961 (22 U.S.C. 2321j(g)(1)) is amended by striking 

14 ‘‘$425,000,000’’ and inserting ‘‘$500,000,000’’. 

15 SEC. 203. INTEGRATED AIR AND MISSILE DEFENSE PRO16 GRAMS AT TRAINING LOCATIONS IN SOUTH17 WEST ASIA. 

18 Section 544(c) of the Foreign Assistance Act of 1961 

19 (22 U.S.C. 2347c(c)) is amended by adding at the end 

20 the following new paragraph: 

21 ‘‘(4) The President shall report to the appropriate 

22 congressional committees (as defined in section 656(e)) 

23 annually on the activities undertaken in the programs au24 thorized under this subsection.’’. 
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1 SEC. 204. LICENSING OF CERTAIN COMMERCE-CON2 TROLLED ITEMS. 

3 Section 38 of the Arms Export Control Act (22 

4 U.S.C. 2778) is amended by adding at the end the fol5 lowing new subsection: 

6 ‘‘(k) LICENSING OF CERTAIN COMMERCE-CON7 TROLLED ITEMS.— 

8 ‘‘(1) IN GENERAL.—A license or other approval 

9 from the Department of State granted in accordance 

10 with this section may also authorize the export of 

11 items subject to the Export Administration Regula12 tions if such items are to be used in or with defense 

13 articles controlled on the United States Munitions 

14 List. 

15 ‘‘(2) OTHER REQUIREMENTS.—The following 

16 requirements shall apply with respect to a license or 

17 other approval to authorize the export of items sub18 ject to the Export Administration Regulations under 

19 paragraph (1): 

20 ‘‘(A) Separate approval from the Depart21 ment of Commerce shall not be required for 

22 such items if such items are approved for ex23 port under a Department of State license or 

24 other approval. 

25 ‘‘(B) Such items subject to the Export Ad26 ministration Regulations that are exported pur-
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1 suant to a Department of State license or other 

2 approval would remain under the jurisdiction of 

3 the Department of Commerce with respect to 

4 any subsequent transactions. 

5 ‘‘(C) The inclusion of the term ‘subject to 

6 the EAR’ or any similar term on a Department 

7 of State license or approval shall not affect the 

8 jurisdiction with respect to such items. 

9 ‘‘(3) DEFINITION.—In this subsection, the term 

10 ‘Export Administration Regulations’ means— 

11 ‘‘(A) the Export Administration Regula12 tions as maintained and amended under the au13 thority of the International Emergency Eco14 nomic Powers Act (50 U.S.C. 1701 et seq.); or 

15 ‘‘(B) any successor regulations.’’. 

16 SEC. 205. AMENDMENTS RELATING TO REMOVAL OF MAJOR 

17 DEFENSE EQUIPMENT FROM UNITED STATES 

18 MUNITIONS LIST. 

19 (a) REQUIREMENTS FOR REMOVAL OF MAJOR DE20 FENSE EQUIPMENT FROM UNITED STATES MUNITIONS

21 LIST.—Section 38(f) of the Arms Export Control Act (22 

22 U.S.C. 2778(f)) is amended by adding at the end the fol23 lowing: 

24 ‘‘(5)(A) Except as provided in subparagraph 

25 (B), the President shall take such actions as may be 
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1 necessary to require that, at the time of export or 

2 reexport of any major defense equipment listed on 

3 the 600 series of the Commerce Control List con4 tained in Supplement No. 1 to part 774 of subtitle 

5 B of title 15, Code of Federal Regulations, the 

6 major defense equipment will not be subsequently 

7 modified so as to transform such major defense 

8 equipment into a defense article. 

9 ‘‘(B) The President may authorize the trans10 formation of any major defense equipment described 

11 in subparagraph (A) into a defense article if the 

12 President— 

13 ‘‘(i) determines that such transformation is 

14 appropriate and in the national interests of the 

15 United States; and 

16 ‘‘(ii) provides notice of such transformation 

17 to the chairman of the Committee on Foreign 

18 Affairs of the House of Representatives and the 

19 chairman of the Committee on Foreign Rela20 tions of the Senate consistent with the notifica21 tion requirements of section 36(b)(5)(A) of this 

22 Act. 

23 ‘‘(C) In this paragraph, the term ‘defense arti24 cle’ means an item designated by the President pur25 suant to subsection (a)(1).’’. 
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1 (b) NOTIFICATION AND REPORTING REQUIREMENTS

2 FOR MAJOR DEFENSE EQUIPMENT REMOVED FROM

3 UNITED STATES MUNITIONS LIST.—Section 38(f) of the 

4 Arms Export Control Act (22 U.S.C. 2778(f)), as amend5 ed by this section, is further amended by adding at the 

6 end the following: 

7 ‘‘(6) The President shall ensure that any major 

8 defense equipment that is listed on the 600 series of 

9 the Commerce Control List contained in Supplement 

10 No. 1 to part 774 of subtitle B of title 15, Code of 

11 Federal Regulations, shall continue to be subject to 

12 the notification and reporting requirements of the 

13 following provisions of law: 

14 ‘‘(A) Section 516(f) of the Foreign Assist15 ance Act of 1961 (22 U.S.C. 2321j(f)). 

16 ‘‘(B) Section 655 of the Foreign Assist17 ance Act of 1961 (22 U.S.C. 2415). 

18 ‘‘(C) Section 3(d)(3)(A) of this Act. 

19 ‘‘(D) Section 25 of this Act. 

20 ‘‘(E) Section 36(b), (c), and (d) of this 

21 Act.’’. 
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1 SEC. 206. AMENDMENT TO DEFINITION OF ‘‘SECURITY AS2 SISTANCE’’ UNDER THE FOREIGN ASSIST3 ANCE ACT OF 1961. 

4 Section 502B(d) of the Foreign Assistance Act of 

5 1961 (22 U.S.C. 2304(d)) is amended— 

6 (1) in paragraph (1), by striking ‘‘and’’ at the 

7 end; and 

8 (2) by amending paragraph (2)(C) to read as 

9 follows: 

10 ‘‘(C) any license in effect with respect to 

11 the export to or for the armed forces, police, in12 telligence, or other internal security forces of a 

13 foreign country of— 

14 ‘‘(i) defense articles or defense serv15 ices under section 38 of the Armed Export 

16 Control Act (22 U.S.C. 2778); or 

17 ‘‘(ii) items listed under the 600 series 

18 of the Commerce Control List contained in 

19 Supplement No. 1 to part 774 of subtitle 

20 B of title 15, Code of Federal Regula21 tions;’’. 

22 SEC. 207. AMENDMENTS TO DEFINITIONS OF ‘‘DEFENSE AR23 TICLE’’ AND ‘‘DEFENSE SERVICE’’ UNDER THE 

24 ARMS EXPORT CONTROL ACT. 

25 Section 47 of the Arms Export Control Act (22 

26 U.S.C. 2794) is amended— 
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1 (1) in the matter preceding subparagraph (A) 

2 of paragraph (3), by striking ‘‘includes’’ and insert3 ing ‘‘means, with respect to a sale or transfer by the 

4 United States under the authority of this Act or any 

5 other foreign assistance or sales program of the 

6 United States’’; and 

7 (2) in paragraph (4), by striking ‘‘includes’’ 

8 and inserting ‘‘means, with respect to a sale or 

9 transfer by the United States under the authority of 

10 this Act or any other foreign assistance or sales pro11 gram of the United States,’’. 

12 SEC. 208. TECHNICAL AMENDMENTS. 

13 (a) IN GENERAL.—The Arms Export Control Act (22 

14 U.S.C. 2751 et seq.) is amended— 

15 (1) in sections 3(a), 3(d)(1), 3(d)(3)(A), 3(e), 

16 5(c), 6, 21(g), 36(a), 36(b)(1), 36(b)(5)(C), 

17 36(c)(1), 36(f), 38(f)(1), 40(f)(1), 40(g)(2)(B), 

18 101(b), and 102(a)(2), by striking ‘‘the Speaker of 

19 the House of Representatives and’’ each place it ap20 pears and inserting ‘‘the Speaker of the House of 

21 Representatives, the Committee on Foreign Affairs 

22 of the House of Representatives, and’’; 

23 (2) in section 21(i)(1) by inserting after ‘‘the 

24 Speaker of the House of Representatives’’ the fol-
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1 lowing ‘‘, the Committees on Foreign Affairs and 

2 Armed Services of the House of Representatives,’’; 

3 (3) in sections 25(e), 38(f)(2), 38(j)(3), and 

4 38(j)(4)(B), by striking ‘‘International Relations’’ 

5 each place it appears and inserting ‘‘Foreign Af6 fairs’’; 

7 (4) in sections 27(f) and 62(a), by inserting 

8 after ‘‘the Speaker of the House of Representa9 tives,’’ each place it appears the following: ‘‘the 

10 Committee on Foreign Affairs of the House of Rep11 resentatives,’’; and 

12 (5) in section 73(e)(2), by striking ‘‘the Com13 mittee on National Security and the Committee on 

14 International Relations of the House of Representa15 tives’’ and inserting ‘‘the Committee on Armed Serv16 ices and the Committee on Foreign Affairs of the 

17 House of Representatives’’. 

18 (b) OTHER TECHNICAL AMENDMENTS.— 

19 (1) ARMS EXPORT CONTROL ACT.—The Arms 

20 Export Control Act (22 U.S.C. 2751 et seq.), as 

21 amended by subsection (a), is further amended— 

22 (A) in section 38— 

23 (i) in subsection (b)(1), by redesig24 nating the second subparagraph (B) (as 

25 added by section 1255(b) of the Foreign 
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1 Relations Authorization Act, Fiscal Years 

2 1988 and 1989 (Public Law 100–204; 101 

3 Stat. 1431)) as subparagraph (C); 

4 (ii) in subsection (g)(1)(A)— 

5 (I) in clause (xi), by striking ‘‘; 

6 or’’ and inserting ‘‘, or’’; and 

7 (II) in clause (xii)— 

8 (aa) by striking ‘‘section’’ 

9 and inserting ‘‘sections’’; and 

10 (bb) by striking ‘‘(18 U.S.C. 

11 175b)’’ and inserting ‘‘(18 

12 U.S.C. 175c)’’; and 

13 (iii) in subsection (j)(2), in the matter 

14 preceding subparagraph (A), by inserting 

15 ‘‘in’’ after ‘‘to’’; and 

16 (B) in section 47(2), in the matter pre17 ceding subparagraph (A), by striking ‘‘sec. 

18 21(a),,’’ and inserting ‘‘section 21(a),’’. 

19 (2) FOREIGN ASSISTANCE ACT OF 1961.—Sec20 tion 502B of the Foreign Assistance Act of 1961 

21 (22 U.S.C. 2304) is amended— 

22 (A) in subsection (b), by striking ‘‘Wher23 ever applicable, a description’’ and inserting 

24 ‘‘Wherever applicable, such report shall include 

25 a description’’; and 
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1 (B) in subsection (d)(2)(B), by striking 

2 ‘‘credits’’ and inserting ‘‘credits)’’. 

3 SEC. 209. APPLICATION OF CERTAIN PROVISIONS OF EX4 PORT ADMINISTRATION ACT OF 1979. 

5 (a) PROTECTION OF INFORMATION.—Section 12(c) 

6 of the Export Administration Act of 1979 (50 U.S.C. App. 

7 2411(c)) has been in effect from August 20, 2001, and 

8 continues in effect on and after the date of the enactment 

9 of this Act, pursuant to the International Emergency Eco10 nomic Powers Act (50 U.S.C. 1701 et seq.) and notwith11 standing section 20 of the Export Administration Act of 

12 1979 (50 U.S.C. App. 2419). Section 12(c)(1) of the Ex13 port Administration Act of 1979 is a statute covered by 

14 section 552(b)(3) of title 5, United States Code. 

15 (b) TERMINATION DATE.—Subsection (a) terminates 

16 at the end of the 4-year period beginning on the date of 

17 the enactment of this Act. 

Passed the Senate December 4, 2014. 

Attest: 

Secretary. 

113TH CONGRESS 

2D SESSION S. 1683 

AN ACT 

To provide for the transfer of naval vessels to 

certain foreign recipients, and for other purposes.