A bill to provide for the transfer of naval vessels to certain foreign recipients, and for other purposes.
PL 113-276 (S.1683), enacted 12/18/2014

[113th Congress Public Law 276]
[From the U.S. Government Publishing Office]



[[Page 128 STAT. 2989]]

Public Law 113-276
113th Congress

                                 An Act


 
    To provide for the transfer of naval vessels to certain foreign 
    recipients, and for other purposes. <<NOTE: Dec. 18, 2014 -  [S. 
                                1683]>> 

    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-- <<NOTE: Naval Vessel Transfer Act of 2013.>> 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. <<NOTE: President.>>  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

[[Page 128 STAT. 2990]]

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) <<NOTE: Time period.>>  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. <<NOTE: Deadline. President.>> --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:
     <<NOTE: President. Reports. Deadline.>> ``(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:

[[Page 128 STAT. 2991]]

    ``(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.-- <<NOTE: Applicability.>> 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.

     <<NOTE: President.>> (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) <<NOTE: Determination.>>  determines that such 
                transformation is appropriate and in the national 
                interests of the United States; and
                    ``(ii) <<NOTE: Notification.>>  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.

[[Page 128 STAT. 2992]]

            ``(C) <<NOTE: Definition.>>  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) <<NOTE: President.>>  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--

[[Page 128 STAT. 2993]]

            (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), <<NOTE: 22 USC 
        2753, 2755, 2756, 2761, 2776, 2778, 2780, 2799.>>  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) <<NOTE: 22 USC 2761.>>  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), <<NOTE: 22 USC 2765, 2778.>>  by striking 
        ``International Relations'' each place it appears and inserting 
        ``Foreign Affairs'';
            (4) in sections 27(f) and 62(a), <<NOTE: 22 USC 2767, 
        2796.>>  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), <<NOTE: 22 USC 2797.>>  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-- <<NOTE: 22 USC 2778.>> 
                          (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), <<NOTE: 22 USC 2794.>>  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)''.

[[Page 128 STAT. 2994]]

SEC. 209. <<NOTE: 5 USC app. 2411 note.>> 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) <<NOTE: Time period.>>  Termination Date.--Subsection (a) 
terminates at the end of the 4-year period beginning on the date of the 
enactment of this Act.

    Approved December 18, 2014.

LEGISLATIVE HISTORY--S. 1683:
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CONGRESSIONAL RECORD, Vol. 160 (2014):
            Dec. 4, considered and passed Senate.
            Dec. 10, considered and passed House.

                                  <all>