Naval Vessel Transfer Act of 2013

S 1683 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.