S.Amdt. 2479

SA 2479. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to
authorize appropriations for fiscal year 2021 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of subtitle G of title XII, add the following:

SEC. 1287. TRANSFER OF EXCESS NAVAL VESSELS TO THE GOVERNMENT
OF EGYPT.

(a) Transfers by Grant.--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).
(b) Certification.--A certification described in this
subsection is a certification of the following:
(1) The President has received reliable assurances that the
Government of Egypt and any Egyptian state-owned enterprise--
(A) 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
(B) will not knowingly engage in activity subject to
sanctions under such Act in the future.
(2) The Egyptian forces that will operate 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.
(3) 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.
(c) Violations.--If the President determines after the
transfer of a vessel described in subsection (a) that the
conditions described 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.
(d) Grants Not Counted in Annual Total of Transferred
Excess Defense Articles.--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 the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j(g)).
(e) Costs of Transfers.--Notwithstanding section 516(e) of
the Foreign Assistance Act of 1961 (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.
(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
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.
(g) Expiration of Authority.--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.
(h) Report.--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.
(i) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
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