Sec. 1349. Transfer of excess OLIVER HAZARD PERRY class guided missile frigates to Egypt
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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 ) on or after the date on which the President submits to the appropriate congressional committees a certification described in subsection (b). The certification described in this subsection is a certification of the President of the following:
The President has received reliable assurances that the Government of Egypt and any Egyptian state-owned enterprises— are not knowingly engaged in any activity subject to sanctions under the Countering America’s Adversaries Through Sanctions Act, including an activity related to Russian Su-35 warplanes or other advanced military technologies; and will not knowingly engage in activity subject to sanctions under the Countering America’s Adversaries Through Sanctions Act in the future.
The Egyptian crews participating in training related to and involved in the operation of the vessels transferred under this section are subject to the requirements of section 620M of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2378d ), section 362 of title 10, United States Code, and other relevant human rights vetting to ensure United States-funded assistance related to the transfer of the vessels under this section are not provided to Egyptian security forces that have committee gross violations of internationally recognized human rights or other documented human rights abuses.
The Government of Egypt is no longer unlawfully or wrongfully detaining United States nationals or lawful permanent residents, based on criteria which may include— the detained individual has presented credible information of factual innocence to United States officials; information exists that the individual is detained solely or substantially because he or she is a citizen or national of the United States; information exists that the individual is being detained in violation of internationally protected rights and freedoms, such as freedom of expression, association, assembly, and religion; the individual is being detained in violation of the laws of the detaining country; independent nongovernmental organizations or journalists have raised legitimate questions about the innocence of the detained individual; the United States embassy in the country where the individual is detained has received credible reports that the detention is a pretext; police reports show evidence of the lack of a credible investigation; the individual is detained in a country where the Department of State has determined in its annual human rights reports that the judicial system is not independent or impartial, is susceptible to corruption, or is incapable of rendering just verdicts; the individual is detained in inhumane conditions; and the international right to due process of law has been sufficiently impaired so as to render the detention arbitrary.
The President may not transfer a vessel under this section unless the Government of Egypt agrees that if any of the conditions described in subsection
(b)are violated after the transfer of the vessel, the Government of Egypt will re-transfer the vessel to the United States at the sole cost to the Government of Egypt, without using United States funds, including United States foreign military assistance funds. The value of a vessel transferred to the Government of Egypt under this section 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 ). Any expense incurred by the United States in connection with the transfer of a vessel under this section shall be charged to the Government of Egypt notwithstanding section 516(e) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j(e) ). To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section, 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 this section shall expire at the end of the three-year period beginning on the date of the enactment of this Act. Not later than 60 days before the transfer of a vessel under this section, the President shall submit to the appropriate congressional committees a report describing the following: The specific operational activities and objectives intended for the vessel upon receipt by the Government of Egypt. A detailed description of how the transfer of the vessel will help to alleviate United States mission requirements in the Bab el Mandeb and the Red Sea. A detailed description of how the transfer of the vessel will complement Combined Maritime Forces
(CMF)mission goals and activities, including those of Combined Task Forces 150, 151, 152, and 153. A detailed description of incidents of arbitrary detention, violence, and state-sanctioned harassment in the past 5 years by the Government of Egypt against United States citizens, individuals in the United States, and their family members who are not United States citizens, in both Egypt and in the United States, and a determination of whether such incidents constitute a pattern of acts of intimidation or harassment. A description of policy efforts to ensure that United States security assistance programs with Egypt are formulated in a manner that will ‘‘avoid identification of the United States, through such programs, with governments which deny to their people internationally recognized human rights and fundamental freedoms’’ in accordance with section 502B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304 ). The report required by this subsection shall be provided in unclassified form, but may include a separate classified annex. 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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Sec. 1349
Transfer of excess OLIVER HAZARD PERRY class guided missile frigates to Egypt
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