H.R. 416 — Introduced in House

I 113th CONGRESS 1st Session H. R. 416 IN THE HOUSE OF REPRESENTATIVES January 25, 2013 Ms. Ros-Lehtinen introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To condition security assistance and economic assistance to the Government of Egypt in order to advance United States national security interests in Egypt, including encouraging the advancement of political, economic, and religious freedom in Egypt. 1. Short title This Act may be cited as the Egypt Accountability and Democracy Promotion Act . 2. Declaration of policy The policy of the United States shall be to use its foreign assistance for Egypt, including the Foreign Military Financing program, to advance United States national security interests in Egypt, including encouraging the advancement of political, economic, and religious freedom in Egypt. 3. Limitation on security assistance to the Government of Egypt (a) Limitation Of the amounts available for assistance for Egypt under section 23 of the Arms Export Control Act (22 U.S.C. 2763; relating to the Foreign Military Financing program)— (1) 10 percent of that amount shall be withheld from the Government of Egypt unless, not later than 30 days after the enactment of this Act, the Secretary of State has made the certification described in subsection (c); (2) 50 percent of that amount shall be withheld from the Government of Egypt if a further period of 30 days has elapsed immediately following the 30-day period described in paragraph (1) without a certification described in subsection (c) being in effect; and (3) 100 percent of that amount shall be withheld from the Government of Egypt if a further period of 120 days has elapsed immediately following the 30-day period described in paragraph (2) without a certification described in subsection (c) being in effect. (b) Report If the Secretary of State is unable to make the certification described in subsection (c) and applies the withholding of funds described in paragraph (1), (2), or (3) of subsection (a), as the case may be, the Secretary shall transmit to the appropriate congressional committees a report that contains the reasons therefor. (c) Certification A certification described in this subsection is a certification transmitted by the Secretary of State to the appropriate congressional committees that contains a determination of the Secretary that— (1) (A) the Government of Egypt is not directly or indirectly controlled by or under the influence of a foreign terrorist organization, its affiliates, or its supporters; and (B) no member, affiliate, or supporter of a foreign terrorist organization serves in a policy-making position in a ministry, agency, or instrumentality of the Government of Egypt; (2) the Government of Egypt— (A) has adopted and fully implemented legal reforms that protect the political, economic, and religious freedoms and human rights of all citizens and residents of Egypt; and (B) is not acting to restrict the political, economic, or religious freedoms and human rights of the citizens and residents of Egypt; (3) the Government of Egypt is fully implementing the Israel-Egypt Peace Treaty; and (4) the Government of Egypt is taking concrete, verifiable steps to detect and destroy the smuggling network and tunnels between Egypt and the Gaza Strip and to crack down on violent extremist groups and activities in the Sinai Peninsula. (d) Recertifications Not later than 90 days after the date on which the Secretary of State transmits to the appropriate congressional committees an initial certification under subsection (c), and every 6 months thereafter— (1) the Secretary shall transmit to the appropriate congressional committees a recertification that the requirements contained in subsection (c) are continuing to be met; or (2) if the Secretary is unable to make such a recertification, the Secretary shall apply the withholding of funds described in paragraph (1), (2), or (3) of subsection (a), as the case may be, and the Secretary shall transmit to the appropriate congressional committees a report that contains the reasons therefor. (e) Waiver The Secretary of State may waive the limitation in subsection (a)(3) for one or more 90-day periods with respect to up to 50 percent of the amount required to be withheld under such subsection if, for each such 90-day period, the Secretary determines and certifies to the appropriate congressional committees that it is in the national security interests of the United States to do so and transmits to the appropriate congressional committees a report with detailed reasoning for the determination and certification. (f) Transfer of Certain Interest for Egypt Any interest earned from amounts in an interest bearing account for Egypt to which funds made available under section 23 of the Arms Export Control Act (22 U.S.C. 2763; relating to the Foreign Military Financing program) shall be— (1) transferred to and consolidated with amounts available for assistance for the Middle East Partnership Initiative under 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); and (2) allocated for democracy and governance programs for Egypt, including direct support for secular, democratic nongovernmental organizations. (g) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that includes the following: (1) A description of the strategic objectives of the United States regarding the provision of United States security assistance to the Government of Egypt. (2) A description of biennial outlays of United States security assistance to the Government of Egypt for the purposes of strategic planning, training, provision of equipment, and construction of facilities, including funding streams. (3) A description of vetting and end-user monitoring systems in place by both Egypt and the United States for defense articles and training provided by the United States, including human rights vetting. (4) A description of actions that the Government of Egypt is taking to— (A) fully implement the Egypt-Israel peace treaty; (B) detect and destroy the smuggling network and tunnels between Egypt and the Gaza Strip and to crack down on violent extremist groups and activities in the Sinai Peninsula; (C) repudiate, combat, and stop incitement to violence against the United States and United States citizens and prohibit the transmission within its domains of satellite television or radio channels that broadcast such incitement; and (D) adopt and implement legal reforms that protect the religious and democratic freedoms of all citizens and residents of Egypt. (5) Recommendations, including with respect to required resources and actions, to maximize the effectiveness of United States security assistance provided to Egypt. (h) GAO Report Not later than 120 days after the date of the submission of the report required under subsection (f), the Comptroller General of the United States shall submit to the appropriate congressional committees a report that— (1) reviews and comments on the report required under subsection (f); and (2) provides recommendations regarding additional actions with respect to the provision of United States security assistance to Egypt, if necessary. (i) Appropriate Congressional Committees Defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Foreign Relations of the Senate. 4. Limitation on economic assistance to Egypt (a) Limitation Of the amounts available for assistance for Egypt under 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), none of that amount may be provided for direct or indirect assistance to the Government of Egypt unless a certification described in section 3(c) is in effect. (b) Reallocation During a period in which a certification described in section 3(c) is not in effect, amounts that may not be provided for direct or indirect assistance to the Government of Egypt pursuant to the limitation under subsection (a) shall be reallocated 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. 5. Government of Egypt defined In this Act, the term Government of Egypt means any person, agent, instrumentality, or official of, is affiliated with, or is serving as a representative of the Government of Egypt.