S.Amdt. 2187

1. Adds SEC. 1237. SUSPENSION AND REFORM OF UNITED STATES ARMS SALES TO EGYPT AND UNITED STATES ECONOMIC SUPPORT TO EGYPT at the end of subtitle C of title XII

   Adds a section

   In S. 1197 · Placed on Calendar Senate

   (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

   Inserted: SEC. 1237. SUSPENSION AND REFORM OF UNITED STATES ARMS SALES TO EGYPT AND UNITED STATES ECONOMIC SUPPORT TO EGYPT.

   Inserted: (a) Suspension and Reform of Arms Sales.--

   Inserted: (1) In general.--The United States Government may not license, approve, facilitate, or otherwise allow the sale, lease, transfer, retransfer, or delivery of defense articles or defense services to Egypt under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)) until 15 days after the President submits to the appropriate congressional committees a certification that--

   Inserted: (A) the Government of Egypt--

   Inserted: (i) continues to implement the Peace Treaty between the State of Israel and the Arab Republic of Egypt, signed at Washington, March 26, 1979;

   Inserted: (ii) is taking necessary and appropriate measures to counter terrorism, including measures to counter smuggling into the Gaza Strip by, among other measures, detecting and destroying tunnels between Egypt and the Gaza Strip and securing the Sinai peninsula;

   Inserted: (iii) is allowing the Armed Forces of the United States to transit the territory of Egypt, including through the airspace and territorial waters of Egypt;

   Inserted: (iv) is supporting a transition to an inclusive civilian government by demonstrating a commitment to, and making consistent progress toward, holding regular, credible elections that are free, fair, and consistent with internationally accepted standards;

   Inserted: (v) is respecting and protecting the political and economic freedoms of all residents of Egypt, including taking measures to address violence against women and religious minorities;

   Inserted: (vi) is respecting freedom of expression and due process of law, including respecting the rights of women and religious minorities; and

   Inserted: (vii) is permitting nongovernmental organizations and civil society groups in Egypt, the National Democratic Institute, the International Republican Institute, Freedom House, and the Konrad Adenauer Stiftung to operate freely and consistent with internationally recognized practices; and

   Inserted: (B) licensing, approving, facilitating, or otherwise allowing the sale, lease, transfer, retransfer, or delivery of defense articles or defense services to Egypt is in the national security interests of the United States.

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   Inserted: (2) Exception.--The limitation under paragraph (1) shall not apply to defense articles and defense services to be used primarily for supporting or enabling counterterrorism, border and maritime security, or special operations capabilities or operations.

   Inserted: (3) Waiver.--

   Inserted: (A) In general.--The President may waive the limitation under paragraph (1) for a 180-day period if, not later than 15 days before the waiver takes effect, the President--

   Inserted: (i) certifies to the appropriate congressional committees that licensing, approving, facilitating, or otherwise allowing the sale, lease, transfer, retransfer, or delivery of defense articles or defense services to Egypt is in the vital national security interests of the United States; and

   Inserted: (ii) provides to those committees a report--

   Inserted: (I) detailing the reasons for the certification under clause (i); and

   Inserted: (II) analyzing the extent to which the actions of the Government of Egypt do or do not satisfy each of the criteria described in subparagraphs (A) and (B) of paragraph (1).

   Inserted: (B) Extensions of waiver.--The President may extend the effective period of a waiver under subparagraph (A) for an additional 180-day period if, not later than 15 days before the extension takes effect, the President submits to the appropriate congressional committees an updated certification and report that meet the requirements of that subparagraph.

   Inserted: (b) Suspension and Reform of United States Economic Support to Egypt.--

   Inserted: (1) In general.--No bilateral economic assistance may be provided to Egypt as direct budget support for the Government of Egypt until 15 days after the Secretary of State certifies to the appropriate congressional committees that--

   Inserted: (A) providing such assistance is in the national security interest of the United States;

   Inserted: (B) the Government of Egypt--

   Inserted: (i) continues to implement the peace treaty referred to in subsection (a)(1)(A)(i);

   Inserted: (ii) is supporting the transition to an inclusive civilian government by demonstrating a commitment to hold regular, credible elections that are free, fair, and consistent with internationally accepted standards;

   Inserted: (iii) is respecting and protecting the political, economic, and religious freedoms of all residents of Egypt, including taking measures to address violence against women and religious minorities;

   Inserted: (iv) is permitting nongovernmental organizations and civil society groups in Egypt, including the National Democratic Institute, the International Republican Institute, Freedom House, and the Konrad Adenauer Stiftung to operate freely and consistent with internationally recognized standards; and

   Inserted: (v) is demonstrating a commitment to implementing economic reforms, including reforms necessary to reduce the deficit and ensure economic stability and growth.

   Inserted: (2) Waiver.--

   Inserted: (A) In general.--The President may waive the limitation under paragraph (1) for a 180-day period if, not later than 15 days before the waiver takes effect, the President--

   Inserted: (i) certifies to the appropriate congressional committees that providing assistance described in that paragraph is in the vital national security interests of the United States;

   Inserted: (ii) submits to those committees a report--

   Inserted: (I) detailing the reasons for the certification described in clause (i); and

   Inserted: (II) analyzing the extent to which the actions of the Government of Egypt do or do not satisfy each of the criteria described in subparagraphs (A) and (B) of paragraph (1).

   Inserted: (B) Extensions of waiver.--The President may extend the effective period of a waiver under subparagraph (A) for an additional 180-day period if, not later than 15 days before the extension takes effect, the President submits to the appropriate congressional committees an updated certification and report that meet the requirements of subparagraph (A).

   Inserted: (c) Funding for Democracy and Governance Programs.--

   Inserted: (1) In general.--If, in any fiscal year, bilateral economic assistance is provided to Egypt pursuant to chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the Economic Support Fund), not less than $50,000,000 of that assistance shall be provided through the Department of State and the National Endowment for Democracy for democracy and governance programs in Egypt.

   Inserted: (2) Additional funding if waiver authority invoked.--If, in any fiscal year, the President exercises the waiver authority under subsection (b)(2) and bilateral economic assistance is provided to Egypt pursuant to chapter 4 of part II of the Foreign Assistance Act of 1961, not less than $25,000,000 of that assistance (in addition to the amount provided for under paragraph (1)) shall be provided through the Department of State and the National Endowment for Democracy for democracy and governance programs in Egypt.

   Inserted: (d) Inapplicability of Certain Limitation.--The limitation on the use of funds under section 7008 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112-74; 125 Stat. 1195) shall not apply to assistance provided in accordance with this section.

   Inserted: (e) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

   Original wording

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

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As printed