S.Amdt. 2522

1. Adds Subtitle D--Egypt Assistance Reform SEC. 1241. SHORT TITLE at the end 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: Subtitle D--Egypt Assistance Reform SEC. 1241. SHORT TITLE.

   Inserted: This subtitle may be referred to as the "Egypt Assistance Reform Act of 2013".

   Inserted: PART I--PROHIBITION ON ASSISTANCE TO GOVERNMENTS FOLLOWING COUP D'ETATS

   Inserted: SEC. 1251. PROHIBITION ON ASSISTANCE TO GOVERNMENTS FOLLOWING COUPS D'ETAT.

   Inserted: Chapter 1 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2301 et seq.) is amended by adding at the end the following new section:

   Inserted: "SEC. 502C. PROHIBITION ON ASSISTANCE FOLLOWING COUPS D'ETAT.

   Inserted: "(a) In General.--After the date of enactment of this Act. Except as provided under subsection (b), no foreign assistance authorized pursuant to this Act or the Arms Export Control Act (22 U.S.C. 2751 et seq.) may be provided to the government of a foreign country, and none of the funds appropriated for such assistance shall be obligated or expended to finance directly any such assistance for such government, whose democratically elected head of government is deposed by coup d'etat or decree in which the security services of that country play a decisive role.

   Inserted: "(b) Exceptions.--The prohibition in subsection (a) shall not apply to humanitarian assistance or assistance to promote democratic elections or public participation in democratic processes.

   Inserted: "(c) Determination and Publication.--

   Inserted: "(1) In general.--After the date of enactment of this Act. Not later than 30 days of receiving credible information that the democratically elected head of a national government may have been deposed by coup d'etat or decree in which the security services of that country played a decisive role, the Secretary of State shall determine whether the democratically elected head of government was deposed by coup d'etat or decree in which the security forces of that country played a decisive role.

   Inserted: "(2) Transmission of determination.--A determination made under paragraph (1) shall be submitted to the appropriate congressional committees on the day that such determination is made.

   Inserted: "(d) Termination of Restriction.--The restriction in subsection (a) shall terminate 15 days after the Secretary of State notifies the appropriate congressional committees that a democratically elected government has taken office in such country pursuant to elections determined to be free and fair.

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   Inserted: "(e) Waiver.--

   Inserted: "(1) In general.--The President may waive the restrictions in subsection (a) for a 180-day period if, not later than 5 days before the waiver takes effect, the President--

   Inserted: "(A) certifies to the appropriate congressional committees that providing such assistance is in the vital national security interests of the United States, including for the purpose of combatting terrorism; and

   Inserted: "(B) such foreign government is committed to restoring democratic governance and due process of law, and is taking demonstrable steps toward holding free and fair elections in a reasonable timeframe.

   Inserted: "(2) Consultation.--Not later than 30 days prior to the submission of the certification required by subparagraph (A) of paragraph (1), the Secretary of State shall consult with the appropriate congressional committees regarding the use of the waiver authority provided under such paragraph and provide such committees a full briefing on the need for such waiver.

   Inserted: "(3) Extension of waiver.--The Secretary of State may extend the effective period of a waiver under paragraph (1) for an additional 180-day period if, not later than 5 days before the extension takes effect, the Secretary of State submits to the appropriate congressional committees an updated certification meeting the requirements of subparagraphs (A) and (B) of paragraph (1).

   Inserted: "(f) Reporting Requirement.--Any certification submitted pursuant to subsection (e) shall be accompanied by a report describing the types and amounts of assistance to be provided pursuant to the waiver and the justification for the waiver, including a description and analysis of the foreign government's commitment to restoring democratic governance and due process of law and the demonstrable steps being taken by such foreign government toward holding free and fair elections.

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

   Inserted: PART II--UNITED STATES ASSISTANCE FOR EGYPT

   Inserted: SEC. 1261. SUSPENSION AND REFORM OF ARMS SALES.

   Inserted: (a) 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 the strategy required under subsection (d) and submits to the appropriate congressional committees a certification that--

   Inserted: (1) providing such assistance is in the national security interests of the United States; and

   Inserted: (2) the Government of Egypt--

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

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

   Inserted: (D) 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: (E) 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; and

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

   Inserted: (b) Exception.--The limitation under subsection (a) 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: (c) Waiver.--

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

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

   Inserted: (B) transmits the strategy required under subsection (d) to such committees;

   Inserted: (C) provides to such committees a report detailing the reasons for making the determination that such assistance is in the vital national security interests of the United States; and

   Inserted: (D) submits to such committees an analysis of the degree to which providing such assistance is in the national security interests of the United States and the actions of the Government of Egypt do or do not satisfy each of the criteria contained in subparagraphs (A) through (F) of paragraph (2).

   Inserted: (2) Extension of waiver.--The President may extend the effective period of a waiver under paragraph (1) 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, report, and analysis that meet the requirements of subparagraph (A), (C), and (D), respectively, of paragraph (1).

   Inserted: (d) Strategy to Reform United States Military Assistance to Egypt.--

   Inserted: (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a comprehensive strategy for modernizing and improving United States security cooperation with, and assistance for Egypt. The strategy shall seek to--

   Inserted: (A) enhance the ability of the Government of Egypt to detect, disrupt, dismantle, and defeat al Qaeda, its affiliated groups, and other terrorist organizations operating in Egypt, and to counter terrorist ideology and radicalization in Egypt;

   Inserted: (B) improve the capacity of the Government of Egypt to prevent human trafficking and the illicit movement of terrorists, criminals, weapons, and other dangerous material across Egypt's borders or administrative boundaries, especially through illicit points of entry into the Gaza Strip;

   Inserted: (C) improve the Government of Egypt's operational capabilities in counterinsurgency, counterterrorism, and border and maritime security;

   Inserted: (D) enhance the capacity of the Government of Egypt to gather, integrate, analyze, and share intelligence, especially with respect to the threat posed by terrorism and other illicit activity, while also ensuring a proper protection for the civil liberties of Egypt's citizens; and

   Inserted: (E) increase transparency, accountability to civilian authority, respect for human rights, and the rule of law within the armed forces of Egypt.

   Inserted: (2) Elements.--The strategy required under paragraph (1) shall include the following elements:

   Inserted: (A) A detailed assessment of the mechanism by which military assistance is provided to Egypt and whether such mechanism should be modified.

   Inserted: (B) A detailed summary of the current balance between the levels of economic and military support provided to Egypt, including an assessment of whether funding for economic development and political assistance programs should be increased as a percentage of overall United States foreign assistance to Egypt, and an assessment of whether there should be an increased percentage of foreign military assistance focused on counterinsurgency, counterterrorism, border and maritime security and related training.

   Inserted: (C) A process to assess whether current levels of economic and military support provided to Egypt are achieving United States national security objectives and supporting Egypt's transition to democracy.

   Inserted: (D) An estimated schedule for completing the baseline conventional modernization of the armed forces of Egypt with United States-origin equipment.

   Inserted: (E) An assessment of the extent to which the Government of Egypt is--

   Inserted: (i) implementing the 1979 Egypt-Israel Peace Treaty;

   Inserted: (ii) taking effective steps to combat terrorism on the Sinai Peninsula; and

   Inserted: (iii) taking effective steps to eliminate smuggling networks and to detect and destroy tunnels between Egypt and the Gaza Strip.

   Inserted: (3) Consultation requirement.--In developing the strategy required under paragraph (1), the Secretary of State shall consult with, among other relevant parties, the appropriate congressional committees and the Government of Egypt.

   Inserted: (4) Report on contracts.--The Secretary of State shall submit with the strategy required under paragraph (1) a report containing--

   Inserted: (A) a summary of all contracts with the Government of Egypt funded through United States assistance over the prior 10 years and a projection of such contracts over the next 5 years; and

   Inserted: (B) information on any contracts or purchases made by the Government of Egypt using interest earned from amounts in an interest-bearing account for Egypt related to funds made available under section 23 of the Arms Export Control Act (22 U.S.C. 2763) and whether the use of this interest has furthered the goals described in this section.

   Inserted: SEC. 1262. SUSPENSION AND REFORM OF UNITED STATES ECONOMIC SUPPORT TO EGYPT.

   Inserted: (a) In General.--No bilateral economic assistance may be made available to the Government of 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) until 15 days after the Secretary of State submits the strategy required under subsection (c) and certifies to the appropriate congressional committees that--

   Inserted: (1) providing such assistance is in the national security interest of the United States; and

   Inserted: (2) the Government of Egypt--

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

   Inserted: (B) 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: (C) 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: (D) is permitting nongovernmental organizations and civil society groups in Egypt to operate freely and consistent with internationally recognized standards; and

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

   Inserted: (b) Waiver.--

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

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

   Inserted: (B) submits to such committees the strategy required under subsection (c);

   Inserted: (C) submits to such committees a report detailing the reasons for making the determination that such assistance is in the vital national security interests of the United States notwithstanding the fact that the certification required by subsection (a) cannot be made; and

   Inserted: (D) an analysis of the degree to which such assistance is in the national security interests of the United States and the actions of the Government of Egypt do, or do not, satisfy the criteria in subsection (a)(2).

   Inserted: (2) Extension of waiver.--The President may extend the effective period of a waiver under paragraph (1) 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, report, and analysis that meet the requirements of subparagraphs (A), (C), and (D), respectively, of paragraph (1).

   Inserted: (c) Strategy.--

   Inserted: (1) In general.--The Secretary of State shall separately provide to Congress a comprehensive foreign assistance strategy for Egypt that--

   Inserted: (A) addresses how United States foreign assistance can most effectively--

   Inserted: (i) respond to the political and economic development concerns and aspirations of the people of Egypt, and seek to advance the United States' strategic objective of a secure, democratic, civilian-led, and prosperous Egypt that is a partner of the United States and advances peace and security in the region;

   Inserted: (ii) support regional stability and cooperation by strengthening the political and economic relationships between Egypt and her neighbors;

   Inserted: (iii) encourage and support efforts by the Government and people of Egypt to foster democratic norms and institutions, including rule of law, transparent and accountable governance, an independent legislature and judiciary, regular conduct of free and fair elections, an inclusive political process, and effective, law-abiding public security forces;

   Inserted: (iv) support economic reforms by the Government of Egypt to encourage private sector-led growth and job creation, create a favorable climate for business and investment, fight corruption, and expand international trade;

   Inserted: (v) seek to foster a vibrant civil society in Egypt, including the unencumbered operation of nongovernmental organizations, a free and independent media, respect for women, and protections for the political, economic, and religious freedoms and rights of all citizens and residents of Egypt; and

   Inserted: (vi) seek to support security sector reform, particularly regarding civilian police forces;

   Inserted: (B) includes an assessment of what actions the Government of Egypt has taken, in law and practice, that advance or inhibit the interests, principles, and goals described within this strategy, including the ability of Egyptian and international nongovernmental organizations to operate inside Egypt, especially for the purposes of promoting political, economic, and religious freedoms and rights, democracy, and education, and what actions the Secretary of State has taken to further the same interests, principles, and goals in Egypt;

   Inserted: (C) is based on the best principles and practices of effective international development, the provision of matching funds by the host government, leveraging assistance for greater impact together with the private sector, and the goal of graduation from assistance; and

   Inserted: (D) includes a detailed assessment of resources and amounts that will be necessary to achieve the set forth in this subsection over the next five fiscal years.

   Inserted: (2) Consideration of certain elements.--The strategy required by paragraph (1) shall include consideration of--

   Inserted: (A) measures to promote and protect foreign direct investment in the economy of Egypt;

   Inserted: (B) programs to assist regional economic engagement by the Government of Egypt and job creation in that country through, among other things, assisting in the establishment of free trade zones in Egypt along the Suez Canal Zone;

   Inserted: (C) efforts to improve the business climate in Egypt, including by promoting United States trade with Egypt and investment in that country; and

   Inserted: (D) efforts to promote market-based economic reforms and to identify barriers to entry in the economy of Egypt that prevent the efficient flow of capital, goods, and services.

   Inserted: (3) Consultation requirement.--In developing the strategy required by paragraph (1), the Secretary of State shall consult with, among other relevant parties, the appropriate congressional committees, the Government of Egypt, political opposition groups in Egypt, private sector leaders, nongovernmental organizations, religious and secular groups, women's organizations, and civil society groups, as well as relevant international nongovernmental organizations.

   Inserted: (d) 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) 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: SEC. 1263. TERMINATION.

   Inserted: The limitations under section 1261 and 1262 shall terminate 15 days after the President certifies to the appropriate congressional committees that a democratically elected government has taken office in Egypt pursuant to elections determined by the President to be free and fair.

   Inserted: SEC. 1264. ADDITIONAL OVERSIGHT OF ONGOING EGYPT FUNDING.

   Inserted: Section 7041(a) of the Consolidated Appropriations Act, 2012 (Public Law 112-74; 125 Stat. 1222) is amended by striking "Committees on Appropriations" each place it appears and inserting "Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives".

   Inserted: SEC. 1265. SUNSET OF EXISTING AUTHORITY.

   Inserted: Section 7008 of the Consolidated Appropriations Act, 2012 (Public Law 112-74; 125 Stat. 1195) and similar provision in effect upon the date of enactment this Act is hereby repealed.

   Inserted: SEC. 1266. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

   Inserted: In this subtitle, the term "appropriate congressional committees" means the Committees on Foreign Relations and Appropriations of the Senate and the Committees on Foreign Affairs and Appropriations of the House of Representatives.

   Original wording

   At the end of title XII, add the following:

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As printed