Taiwan Relations Act Affirmation and Naval Vessel Transfer Act of 2014 - Title I: Affirmation of Importance of Taiwan Relations Act and Transfer of Naval Vessels to Taiwan - (Sec. 101) States that Congress: (1) reaffirms its commitment to the Taiwan Relations Act as the cornerstone of U.S.-Taiwan relations; (2) reaffirms its support for Taiwan's democratic institutions; (3) reaffirms that peace in the Taiwan Strait should be maintained to the benefit of the Asia-Pacific region; (4) supports the U.S. commitment to Taiwan's security in accord with the Taiwan Relations Act, including Taiwan's procurement of sophisticated weapons of a defensive character such as F-16 C/Ds aircraft and diesel electric submarines; and (4) reaffirms its commitment to deepen U.S.-Taiwan trade and investment relations as well as support for Taiwan's inclusion in bilateral and regional trade agreements.
(Sec. 102) Authorizes the President to transfer on a sale basis the OLIVER HAZARD PERRY class guided missile frigates TAYLOR, GARY, CARR, and ELROD to the Taipei Economic and Cultural Representative Office of the United States (which is the Taiwan instrumentality designated pursuant to the Taiwan Relations Act).
States that: (1) transfer costs shall be charged to the recipient, and (2) the country to which a vessel is transferred shall have necessary vessel repair and refurbishment carried out at U.S. shipyards (including U.S. Navy shipyards) to the maximum extent practicable.
Terminates transfer authority three years after enactment of this Act.
Title II: Transfer of Naval Vessels to Certain Other Foreign Recipients - (Sec. 201) Sets forth certain congressional findings with respect to Mexico and Thailand.
(Sec. 202) Authorizes the President to transfer on a grant basis to: (1) Mexico, the OLIVER HAZARD PERRY class guided missile frigates CURTS and MCCLUSKY; and (2) Thailand, the OLIVER HAZARD PERRY class guided missile frigates RENTZ and VANDEGRIFT.
Authorizes the President, when transferring any vessel named in this Act, to ensure that the total number of vessels transferred to a country named in this Act does not exceed the total number authorized for transfer to that country.
States that: (1) the value of such vessels transferred on a grant basis shall not be counted against the aggregate value of excess defense articles transferred to countries in any fiscal year under the Foreign Assistance Act of 1961, (2) transfer costs shall be charged to the recipient, and (3) the country to which a vessel is transferred shall have necessary vessel repair and refurbishment carried out at U.S. shipyards (including U.S. Navy shipyards) to the maximum extent practicable.
Terminates transfer authority three years after enactment of this Act.
Title III: Arms Export Control Act Amendments - (Sec. 301) Amends the Arms Control Act to increase congressional notification thresholds for certain foreign military and commercial sales.
(Sec. 302) Declares that: (1) a defense-related license or other approval from the Department of State 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; and (2) separate Department of Commerce approval shall not be required, but such items shall remain under Department of Commerce jurisdiction with respect to any subsequent transactions.
(Sec. 303) Directs the President to require that at the time of export or reexport of certain major defense equipment such equipment will not be subsequently modified so as to transform it into a defense article.
Authorizes the President to permit the transformation of any major defense equipment into a defense article if in U.S. national interests, and with congressional notification.
(Sec. 304) Amends the Foreign Assistance Act of 1961 to revise the definition of "security assistance."
(Sec. 305) Amends the Arms Export Control Act to revise the definitions of "defense article" and "defense service."
(Sec. 306) Makes specified technical amendments to the Arms Export Control Act and the Foreign Assistance Act of 1961.
Title IV: Application of Certain Provisions of Export Control Act - (Sec. 401) Provides for the four-year continuation of certain export license information confidentiality protections under the Export Administration Act.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3470 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3470
To provide for the transfer of naval vessels to certain foreign
countries, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 13, 2013
Mr. Royce (for himself and Mr. Engel) introduced the following bill;
which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for the transfer of naval vessels to certain foreign
countries, 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. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Naval Vessel
Transfer and Arms Export Control Amendments Act of 2013''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS
Sec. 101. Transfer of naval vessels to certain foreign recipients.
TITLE II--ARMS EXPORT CONTROL ACT AMENDMENTS
Sec. 201. Increase in congressional notification thresholds.
Sec. 202. Licensing of certain commerce-controlled items.
Sec. 203. Amendments relating to removal of items from the United
States Munitions List.
Sec. 204. Amendment to definition of ``security assistance'' under the
Foreign Assistance Act of 1961.
Sec. 205. Amendments to definitions of ``defense article'' and
``defense service'' under the Arms Export
Control Act.
Sec. 206. Revision of statutory references to former NATO support
organizations and related NATO agreements.
Sec. 207. Technical amendments.
TITLE I--TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS
SEC. 101. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS.
(a) Transfers by Grant.--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), as follows:
(1) Mexico.--To the Government of Mexico, the OLIVER HAZARD
PERRY class guided missile frigates USS CURTS (FFG-38) and USS
MCCLUSKY (FFG-41).
(2) 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.--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 of 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) to transfer specific vessels to
specific countries, the President is authorized, subject to the same
conditions that would apply for such country under this Act, to
transfer any vessel named in this Act to any country named in this Act
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 Act.
(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) 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).
(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,
including a United States Navy shipyard.
(g) 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--ARMS EXPORT CONTROL ACT AMENDMENTS
SEC. 201. INCREASE IN CONGRESSIONAL NOTIFICATION THRESHOLDS.
(a) Foreign Military Sales.--
(1) In general.--Section 36(b)(1) of the Arms Export
Control Act (22 U.S.C. 2776(b)(1)) is amended--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``$50,000,000'' and
inserting ``$100,000,000'';
(ii) by striking ``$200,000,000'' and
inserting ``$300,000,000''; and
(iii) by striking ``$14,000,000'' and
inserting ``$25,000,000''; and
(B) in the matter following subparagraph (P)--
(i) by inserting ``of any defense articles
or defense services under this Act for
$200,000,000 or more, any design and
construction services for $300,000,000 or more,
or any major defense equipment for $75,000,000
or more,'' after ``The letter of offer shall
not be issued, with respect to a proposed
sale''; and
(ii) by inserting ``of any defense articles
or services under this Act for $100,000,000 or
more, any design and construction services for
$200,000,000 or more, or any major defense
equipment for $50,000,000 or more,'' after ``or
with respect to a proposed sale''.
(2) Technical and conforming amendments.--Section 36(b) of
the Arms Export Control Act (22 U.S.C. 2776(b)) is amended--
(A) in paragraph (1), by striking ``Subject to
paragraph (6), in'' and inserting ``In'';
(B) in paragraph (5)(C), by striking ``Subject to
paragraph (6), if'' and inserting ``If''; and
(C) by striking paragraph (6).
(b) Commercial Sales.--Section 36(c) of the Arms Export Control Act
(22 U.S.C. 2776(c)) is amended--
(1) in paragraph (1)--
(A) by striking ``Subject to paragraph (5), in''
and inserting ``In'';
(B) by striking ``$14,000,000'' and inserting
``$25,000,000''; and
(C) by striking ``$50,000,000'' and inserting
``$100,000,000'';
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting after ``for
an export'' the following: ``of any major defense
equipment sold under a contract in the amount of
$75,000,000 or more or of defense articles or defense
services sold under a contract in the amount of
$200,000,000 or more, (or, in the case of a defense
article that is a firearm controlled under category I
of the United States Munitions List, $1,000,000 or
more)''; and
(B) in subparagraph (C), by inserting after
``license'' the following: ``for an export of any major
defense equipment sold under a contract in the amount
of $50,000,000 or more or of defense articles or
defense services sold under a contract in the amount of
$100,000,000 or more, (or, in the case of a defense
article that is a firearm controlled under category I
of the United States Munitions List, $1,000,000 or
more)'';
(3) by striking paragraph (5); and
(4) by redesignating paragraph (6) as paragraph (5).
SEC. 202. 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:
``(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.--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. 203. AMENDMENTS RELATING TO REMOVAL OF ITEMS FROM THE UNITED
STATES MUNITIONS LIST.
(a) Requirements for Removal of Major Defense Equipment and
Significant Military Equipment From the 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 ensure
that any major defense equipment or significant military
equipment that is removed from the United States Munitions List
and transferred to the Commerce Control List for purposes of
commercial export is not subsequently modified so as to
transform such equipment into a defense article.
``(B) The President may authorize the transformation of
major defense equipment or significant military equipment that
is removed from the United States Munitions List and
transferred to the Commerce Control List for purposes of
commercial export into a defense article if the President--
``(i) determines that such transformation is
appropriate and in the national interests of the United
States; and
``(ii) 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.
``(C) In this paragraph--
``(i) the term `Commerce Control List' means--
``(I) items transferred from the United
States Munitions List to the Commerce Control
List and designated as `600 series' items on
the Commerce Control List under the Export
Administration Regulations, as proposed by the
Bureau of Industry and Security of the
Department of Commerce on July 15, 2011 (76
Fed. Reg. 41958); or
``(II) any successor regulations; and
``(ii) 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 and Significant Military Equipment Removed From the 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) The President shall ensure that any item that is
major defense equipment or significant military equipment and
is removed from the United States Munitions List 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) Sections 36(b), (c), and (d) of this Act.''.
SEC. 204. 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;
(2) in 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; or
``(ii) `600 series' items on the Commerce
Control List under the Export Administration
Regulations, as proposed by the Bureau of
Industry and Security of the Department of
Commerce on July 15, 2011 (76 Fed. Reg. 41958),
or any successor regulations;''; and
(3) by adding at the end the following new paragraphs:
``(3) the term `Commerce Control List' means--
``(A) items transferred from the United States
Munitions List to the Commerce Control List and
designated as `600 series' items on the Commerce
Control List under the Export Administration
Regulations, as proposed by the Bureau of Industry and
Security of the Department of Commerce on July 15, 2011
(76 Fed. Reg. 41958); or
``(B) any successor regulations; and
``(4) 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 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. 206. 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) in subparagraphs (A) and (C)(i), by striking
``Maintenance and Supply Agency of the North Atlantic Treaty
Organization'' and inserting ``North Atlantic Treaty
Organization (NATO) Support Organization and its executive
agencies''; and
(2) in subparagraph (C)(i)(II), by striking ``a specific
weapon system'' and inserting ``activities''.
SEC. 207. TECHNICAL AMENDMENTS.
The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended--
(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), 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) 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),
by striking ``International Relations'' each place it appears
and inserting ``Foreign Affairs'';
(4) in sections 27(f) and 62(a), 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), 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''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Foreign Affairs.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Unanimous Consent.
Mr. Royce moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H2973-2977)
DEBATE - The House proceeded with forty minutes of debate on H.R. 3470.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H2973-2976)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H2973-2976)
The title of the measure was amended. Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Foreign Relations.
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