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Code · BILL · 116th Congress · H.R. 6395 (Placed on Calendar Senate) — To authorize appropriations for fiscal year 2021 for military activities of the Department of Defense, for military c... · Sec. 1299G

Sec. 1299G. Transfer of excess naval vessels to the Government of Egypt

594 words·~3 min read·/bill/116/hr/6395/pcs/section-1299g·

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The President is authorized to transfer to the Government of Egypt the OLIVER HAZARD PERRY class guided missile frigates ex-USS CARR (FFG–52) and ex-USS ELROD (FFG–55) on a grant basis under section 516 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j ) upon submitting to the appropriate congressional committees a certification described in subsection (b). A certification described in this subsection is a certification of the following: The President has received reliable assurances that the Government of Egypt and any Egyptian state-owned enterprise— are not engaged in activity subject to sanctions under the Countering America’s Adversaries Through Sanctions Act ( Public Law 115–44 ; 22 U.S.C. 9401 et seq.), including activity related to Russian Su–35 warplanes; and will not knowingly engage in activity subject to sanctions under such Act in the future.
The Egyptian forces that will man the vessels described in subsection
(a)will be subject to the requirements of section 620M of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2378d ) and section 362 of title 10, United States Code (commonly referred to as the Leahy laws ), and to other human rights vetting requirements to ensure that United States-funded assistance is not provided to Egyptian security forces that have committed gross violations of internationally recognized human rights. The President has received reliable assurances that the vessels described in subsection
(a)will not be used in any military operation in Libya or Libyan territorial waters, except for those operations conducted in coordination with the United States. If the President determines after the transfer of a vessel described in subsection
(a)that the conditions described in subsection
(b)are no longer being met, the President shall apply the provisions of section 3(c) of the Arms Export Control Act ( 22 U.S.C. 2753(c) ) with respect to Egypt to the same extent and in the same manner as if Egypt had committed a violation described in paragraph
(1)of such section. The value of a vessel transferred to the Government of Egypt on a grant basis pursuant to authority provided under subsection
(a)shall not be counted against the aggregate value of excess defense articles transferred in any fiscal year under section 516(g) of such Act ( 22 U.S.C. 2321j(g) ). Notwithstanding section 516(e) of such Act ( 22 U.S.C. 2321j(e) ), any expense incurred by the United States in connection with a transfer authorized under subsection
(a)shall be charged to the Government of Egypt. To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under subsection (a), that the Government of Egypt have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of Egypt, performed at a shipyard located in the United States, including a United States Navy shipyard. The authority to transfer a vessel under subsection
(a)shall expire at the end of the 3-year period beginning on the date of the enactment of this Act. Not later than 30 days before the transfer of a vessel described in subsection (a), the President shall submit to the appropriate congressional committees a report on how the transfer of the vessel will help to alleviate United States mission requirements in the Mediterranean Sea, the Bab el Mandeb Strait, and the Red Sea. In this section, the term appropriate congressional committees means— the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
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