S.Amdt. 117

SA 117. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby)
to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:

In title I of division F, insert after section 1114 the
following:
Sec. 1115. (a)(1) Notwithstanding section 1101, section
7041 of division I of Public Law 112-74 shall be applied to
funds appropriated by this division by substituting this
subsection and subsections (b) and (c) of this section for
paragraph (1) of subsection (a) of such section 7041.
(2)(A) Except as provided under paragraph (4), none of the
amounts appropriated or otherwise made available by this Act
under the heading ``Economic Support Fund'' may be made
available as direct budget support to the Government of Egypt
unless a certification under subsection (b)(2) is in effect.
(B) Except as provided under paragraph (4), none of the
amounts appropriated or otherwise made available by this Act
under the heading ``Foreign Military Financing Program'' may
be obligated for contracts with the Government of Egypt
entered into on or after the date of the enactment of this
Act unless a certification under subsection (b)(1) is in
effect.
(C)(i) The limitation under subparagraph (B) shall not
apply to defense articles related to counterterrorism, border
security, or special operations capabilities.
(ii) Nothing in this subsection shall be construed to
require the violation of an existing defense contract with
the Government or Armed Forces of Egypt or to prevent or
disrupt the production, transfer, or delivery of any defense
article or service to the Government or Armed Services of
Egypt, as required by a contract concluded by the United
States Government or a United States person prior to the date
of the enactment of this Act.
(3) Not later than 90 days after the date on which the
Secretary of State transmits to the appropriate congressional
committees an initial certification under paragraph (1) or
(2) of subsection (b), and 180 days thereafter, the Secretary
shall transmit to the appropriate congressional committees--
(A) a recertification that the requirements contained in
such paragraph are continuing to be met; or
(B) a statement that the Secretary is unable to make such a
recertification and that the certification is no longer in
effect.
(4) The Secretary of State may waive the requirements of
subparagraphs (A) and (B) of paragraph (2) if the Secretary
certifies to the appropriate congressional committees that it
is in the national security interest of the United States to
do so and submits to such committees a report with the
reasons for the certification.
(b)(1) A certification described in this paragraph is a
certification submitted by the Secretary of State to the
appropriate congressional committees that the following
conditions have been met:
(A) The Government of Egypt has adopted and is implementing
policies to protect, and is not restricting, the political,
economic, and religious freedoms and human rights of all
citizens and residents of Egypt.
(B) The Government of Egypt is continuing to demonstrate a
commitment to free and fair elections and is not taking any
steps to interfere with or undermine the credibility of such
elections.
(C) Egypt is implementing the Egypt-Israel Peace Treaty.
(D) The Government of Egypt is taking effective steps to
eliminate smuggling networks and to detect and destroy
tunnels between Egypt and the Gaza Strip.
(E) The Government of Egypt is taking effective steps to
combat terrorism in the Sinai, and an appropriate portion of
funds made available under the heading ``Foreign Military
Financing Program'' for assistance for Egypt is being used
for counterterrorism

[[Page S1871]]

purposes, including equipment and training related to border
security.
(F) The Government of Egypt has addressed restrictions in
law and practice on the work, funding, and ability to operate
of Egyptian and international nongovernmental organizations,
particularly those promoting human rights and democracy,
including the International Republican Institute, the
National Democratic Institute, and Freedom House.
(2) A certification described in this paragraph is a
certification submitted by the Secretary of State to the
appropriate congressional committees that--
(A) the conditions set forth in paragraph (1) have been
met; and
(B) the Government of Egypt has signed and submitted to the
International Monetary Fund a Letter of Intent and Memorandum
of Economic and Financial Policies designed to promote
critical economic reforms and has begun to implement such
measures.
(c) Of the funds appropriated under the heading ``Economic
Support Fund'', not less than $25,000,000 should be for
democracy and governance programs for Egypt, including direct
support for secular, democratic nongovernmental
organizations, as well as programming and support for rule of
law and human rights, good governance, political competition
and consensus-building, and civil society.
(d) Not later than 180 days after the date of the enactment
of this Act, the President shall, after consultation with the
Government of Egypt and representatives of civil society in
Egypt, submit to the appropriate congressional committees a
report--
(1) describing the results of a policy review on Egypt on
how to rebalance United States military and economic
assistance to Egypt;
(2) analyzing the current security needs in Egypt; and
(3) summarizing all of the Foreign Military Financing
contracts for the Government of Egypt carried out over the
previous 10 years and describing plans for such contracts
over the next 5 years.
(e) In this section, the term ``appropriate congressional
committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
______