[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5607-S5608]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6082. Mr. MURPHY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 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 F of title XII, add the following:

     SEC. 1276. TRANSFER OF EXCESS OLIVER HAZARD PERRY-CLASS 
                   GUIDED-MISSILE FRIGATES TO EGYPT.

       (a) In General.--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 committees 
     of Congress a certification described in subsection (b).
       (b) Certification.--The certification described in this 
     subsection is a certification of the President of the 
     following:
       (1) The President has received reliable assurances that the 
     Government of Egypt and any Egyptian state-owned 
     enterprises--
       (A) are not knowingly engaged in any activity subject to 
     sanctions under the Countering America's Adversaries Through 
     Sanctions Act (22 U.S.C. 9401 et seq.), including an activity 
     related to Russian Su-35 warplanes or other advanced military 
     technologies; and
       (B) will not knowingly engage in activity subject to 
     sanctions under the Countering America's Adversaries Through 
     Sanctions Act (22 U.S.C. 9401 et seq.) in the future.
       (2) 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 that United States-
     funded assistance related to the transfer of the vessels 
     under this section are not provided to Egyptian security 
     forces that have committed gross violations of 
     internationally recognized human rights or other documented 
     human rights abuses.
       (3) The Government of Egypt is no longer unlawfully or 
     wrongfully detaining United States nationals or lawful 
     permanent residents, based on criteria that may include--
       (A) the detained individual has presented credible 
     information of factual innocence to United States officials;
       (B) information exists that the individual is detained 
     solely or substantially because he or she is a citizen or 
     national of the United States;
       (C) information exists that the individual is being 
     detained in violation of internationally protected rights and 
     freedoms, such as freedom of expression, association, 
     assembly, or religion;
       (D) the individual is being detained in violation of the 
     laws of the detaining country;
       (E) independent nongovernmental organizations or 
     journalists have raised legitimate questions about the 
     innocence of the detained individual;
       (F) the United States embassy in the country in which the 
     individual is detained has received credible reports that the 
     detention is a pretext;
       (G) police reports show evidence of the lack of a credible 
     investigation;
       (H) the individual is detained in a country in which 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;
       (I) the individual is detained in inhumane conditions; and
       (J) the international right to due process of law has been 
     sufficiently impaired so as to render the detention 
     arbitrary.
       (c) Violations.--The President may not transfer a vessel 
     under this section unless the Government of Egypt agrees that 
     if any condition described in subsection (b) is violated 
     after the transfer of the vessel, the Government of Egypt 
     will re-transfer the

[[Page S5608]]

     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.
       (d) Grants Not Counted in Annual Total of Transferred 
     Excess Defense Articles.--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).
       (e) Costs of Transfers.--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)).
       (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 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 this section shall expire at the end of the 
     three-year period beginning on the date of the enactment of 
     this Act.
       (h) Required Report.--
       (1) In general.--Not later than 60 days before the transfer 
     of a vessel under this section, the President shall submit to 
     the appropriate committees of Congress a report describing 
     the following:
       (A) The specific operational activities and objectives 
     intended for the vessel upon receipt by the Government of 
     Egypt.
       (B) A detailed description of how the transfer of the 
     vessel will help alleviate United States mission requirements 
     in the Bab el Mandeb and the Red Sea.
       (C) 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.
       (D) A detailed description of incidents, during the five-
     year period immediately preceding the date of such transfer, 
     of arbitrary detention, violence, and state-sanctioned 
     harassment 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 as to whether such 
     incidents constitute a pattern of acts of intimidation or 
     harassment.
       (E) 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 that 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).
       (2) Form.--The report required by this subsection shall be 
     submitted in unclassified form, but may include a separate 
     classified annex.
       (i) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     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.
                                 ______