,,ii ,calendar ,no4 #bfg #aacth ,,congress #ast ,session ,s4 #aheg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ah1 #bjac,mr4 ,menendez1 from the ,committee on ,foreign ,relations1 reported the following original bill2 which was read twice and placed on the calendar ,a ,,bill ,to reform assistance to ,egypt1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,egypt ,assistance ,reform ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,prohibition on assistance to governments following coups d'tat,sec4 #aja4 ,prohibition on assistance to governments following coups d'tat4,,title ,,ii--,united ,states assistance for ,egypt,sec4 #bja4 ,suspension and reform of arms sales4,sec4 #bjb4 ,suspension and reform of ,united ,states economic support to ,egypt4,sec4 #bjc4 ,termination4,sec4 #bjd4 ,additional oversight of ongoing ,egypt funding4,sec4 #bje4 ,sunset of existing authority4,sec4 #bjf4 ,appropriate congressional committees defined4 ,i ,prohibition on assistance to governments following coups d'tat #aja4 ,prohibition on assistance to governments following coups d'tat 7a7 ,in general ,chapter #a of part ,,ii of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcja et seq47 is amended by adding at the end the following new section3 #ejb;,c4 ,prohibition on assistance following coups d'tat 7a7 ,in general ,after the date of the enactment of the ,egypt ,assistance ,reform ,act of #bjac1 except as provided under subsection 7b71 no foreign assistance authorized pursuant to this ,act or the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq47 may be provided to the government of a foreign country1 and none of the funds appropriated for such assistance shall be obligated or expended to finance directly any such assistance for such government1 whose democratically elected head of government is deposed by coup d'tat or decree in which the security services of that country play a decisive role4 7b7 ,exceptions ,the prohibition in subsection 7a7 shall not apply to humanitarian assistance or assistance to promote democratic elections or public participation in democratic processes4 7c7 ,determination and publication 7#a7 ,in general ,after the date of the enactment of the ,egypt ,assistance ,reform ,act of #bjac1 not later than #cj days after receiving credible information that the democratically elected head of a national government may have been deposed by coup d'tat or decree in which the security services of that country played a decisive role1 the ,secretary of ,state shall determine whether the democratically elected head of government was deposed by coup d'tat or decree in which the security forces of that country played a decisive role4 7#b7 ,transmission of determination ,a determination made under paragraph 7#a7 shall be submitted to the appropriate congressional committees on the day that such determination is made1 together with a report reviewing ,united ,states assistance programs to that country and assessing the impact on that country and on ,united ,states national security interests of a cessation of assistance restricted under subsection 7a74 7d7 ,termination of restriction ,the restriction in subsection 7a7 shall terminate #ae 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 fair4 7e7 ,waiver 7#a7 ,in general ,the ,president may waive the restrictions in subsection 7a7 for a #ahj-;day period if1 not later than #e days before the waiver takes effect1 the ,president certifies to the appropriate congressional committees that-- 7,a7 providing such assistance is in the vital national security interests of the ,united ,states1 including for the purpose of combating terrorism2 and 7,b7 such foreign government is committed to restoring democratic governance and due process of law1 and is taking demonstrable steps toward holding free and fair elections in a reasonable timeframe4 7#b7 ,consultation ,not later than #ae days prior to the submission of the certification required by paragraph 7#a71 the ,president 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 waiver4 7#c7 ,extension of waiver ,the ,president may extend the effective period of a waiver under paragraph 7#a7 for additional #ahj-;day periods if1 not later than #e days before the extension takes effect1 the ,president submits to the appropriate congressional committees an updated certification meeting the requirements of subparagraphs 7,a7 and 7,b7 of paragraph 7#a74 7f7 ,reporting requirement ,any certification submitted pursuant to subsection 7e7 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 waiver1 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 elections4 7g7 ,appropriate congressional committees defined ,in this section1 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 ,representatives4 4 7b7 ,application of coup provision ,the restrictions and exceptions under subsections 7a7 and 7b7 of section #ejb;,c of the ,foreign ,assistance ,act of #aifa1 as added by subsection 7a71 shall apply to ,fiji1 ,guinea-,bissau1 ,madagascar1 and ,sudan as of the date of the enactment of such section4 ,,ii ,united ,states assistance for ,egypt #bja4 ,suspension and reform of arms sales 7a7 ,in general ,the ,united ,states ,government may not license1 approve1 facilitate1 or otherwise allow the sale1 lease1 transfer1 retransfer1 or delivery of defense articles or defense services to ,egypt under section #ch7;a77#a7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggh7;a77#a77 until #ae days after the ,secretary of ,state submits to the appropriate congressional committees a certification that-- 7#a7 providing such assistance is in the national security interests of the ,united ,states2 and 7#b7 the ,government of ,egypt-- 7,a7 continues to implement the ,peace ,treaty between the ,state of ,israel and the ,arab ,republic of ,egypt1 signed at ,washington1 ,march #bf1 #aigi2 7,b7 is taking necessary and appropriate measures to counter terrorism1 including measures to counter smuggling into the ,gaza ,strip by1 among other measures1 detecting and destroying tunnels between ,egypt and the ,gaza ,strip and securing the ,sinai peninsula2 7,c7 is allowing the ,united ,states ,armed ,forces to transit the territory of ,egypt1 including through the airspace and territorial waters of ,egypt2 7,d7 is supporting a transition to an inclusive civilian government by demonstrating a commitment to1 and making consistent progress toward1 holding regular1 credible elections that are free1 fair1 and consistent with internationally accepted standards2 7,e7 is respecting and protecting the political and economic freedoms of all residents of ,egypt1 including taking measures to address violence against women and religious minorities2 7,f7 is respecting freedom of expression and due process of law1 including respecting the rights of women and religious minorities2 and 7,g7 has continued to abide by its nuclear non-proliferation commitments as a signatory of the ,treaty on the ,non-,proliferation of ,nuclear ,weapons1 done at ,london1 ,moscow1 and ,washington ,july #a1 #aifh1 has not detonated a nuclear explosive device1 and is not in material violation of ,,iaea safeguards4 7b7 ,exception ,the limitation under subsection 7a7 shall not apply to defense articles and defense services to be used primarily for supporting or enabling counterterrorism1 border and maritime security1 or special operations capabilities or operations4 7c7 ,waiver 7#a7 ,in general ,the ,president may waive the restrictions in subsection 7a7 for a #ahj-;day period if1 not later than #ae days before the waiver takes effect1 the ,president-- 7,a7 certifies to the appropriate congressional committees that providing such assistance is in the vital national security interests of the ,united ,states2 7,b7 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 ,states2 and 7,c7 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 7,a7 through 7,g7 of subsection 7a77#b74 7#b7 ,extension of waiver 7,a7 ,fiscal years #bjad and #bjae ,the ,president may extend the effective period of a waiver under paragraph 7#a7 for the remainder of fiscal year #bjad and an additional fiscal year if the ,secretary of ,state submits the strategy required in subsection 7d7 to the appropriate congressional committees and1 not later than #ae days before the waiver expires1 the ,president submits to the appropriate congressional committees an updated certification1 report1 and analysis that meet the requirements of subparagraphs 7,a71 7,b71 and 7,c71 respectively1 of paragraph 7#a74 7,b7 ,subsequent fiscal years ,the ,president may annually extend the effective period of a waiver under paragraph 7#b77;,a7 for an additional fiscal year if1 not later than #ae days before the prior year waiver expires1 the ,president submits to the appropriate congressional committees an updated certification1 report1 and analysis that meet the requirements of subparagraphs 7,a71 7,b71 and 7,c71 respectively1 of paragraph 7#a74 7d7 ,strategy to reform ,united ,states military assistance to ,egypt 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to ,congress a comprehensive strategy for modernizing and improving ,united ,states security cooperation with1 and assistance for ,egypt4 ,the strategy shall seek to-- 7,a7 enhance the ability of the ,government of ,egypt to detect1 disrupt1 dismantle1 and defeat al ,qaeda1 its affiliated groups1 and other terrorist organizations operating in ,egypt1 and to counter terrorist ideology and radicalization in ,egypt2 7,b7 improve the capacity of the ,government of ,egypt to prevent human trafficking and the illicit movement of terrorists1 criminals1 weapons1 and other dangerous material across ,egypt's borders or administrative boundaries1 especially through illicit points of entry into the ,gaza ,strip2 7,c7 improve the ,government of ,egypt's operational capabilities in counterinsurgency1 counterterrorism1 and border and maritime security2 7,d7 enhance the capacity of the ,government of ,egypt to gather1 integrate1 analyze1 and share intelligence1 especially with respect to the threat posed by terrorism and other illicit activity1 while also ensuring a proper protection for the civil liberties of ,egypt's citizens2 and 7,e7 increase transparency1 accountability to civilian authority1 respect for human rights1 and the rule of law within the armed forces of ,egypt4 7#b7 ,elements ,the strategy required under paragraph 7#a7 shall include the following elements3 7,a7 ,a detailed assessment of the mechanism by which military assistance is provided to ,egypt and whether such mechanism should be modified4 7,b7 ,a detailed summary of the current balance between the levels of economic and military support provided to ,egypt1 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 ,egypt1 and an assessment of whether there should be an increased percentage of foreign military assistance focused on counterinsurgency1 counterterrorism1 border and maritime security and related training4 7,c7 ,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 democracy4 7,d7 ,an estimated schedule for completing the baseline conventional modernization of the armed forces of ,egypt with ,united ,states-origin equipment4 7,e7 ,an assessment of the extent to which the ,government of ,egypt is-- 7i7 implementing the #aigi ,egypt-,israel ,peace ,treaty2 7ii7 taking effective steps to combat terrorism on the ,sinai ,peninsula2 and 7iii7 taking effective steps to eliminate smuggling networks and to detect and destroy tunnels between ,egypt and the ,gaza ,strip4 7,f7 ,an assessment of the abilities of the ,united ,states ,government to achieve the goals set forth in the strategy if defense articles and services to ,egypt are withheld4 7#c7 ,consultation requirement ,in developing the strategy required under paragraph 7#a71 the ,secretary of ,state shall consult with1 among other relevant parties1 the appropriate congressional committees and the ,government of ,egypt4 7#d7 ,report on contracts ,the ,secretary of ,state shall submit with the strategy required under paragraph 7#a7 a report containing-- 7,a7 a summary of all contracts with the ,government of ,egypt funded through ,united ,states assistance over the prior #aj years and a projection of such contracts over the next #e years2 and 7,b7 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 #bc of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgfc7 and whether the use of this interest has furthered the goals described in this section4 #bjb4 ,suspension and reform of ,united ,states economic support to ,egypt 7a7 ,in general ,no bilateral economic assistance may be made available to the ,government of ,egypt pursuant to chapter #d of part ,,ii of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcdf et seq42 relating to the ,economic ,support ,fund7 until #ae days after the ,secretary of ,state certifies to the appropriate congressional committees that-- 7#a7 providing such assistance is in the national security interest of the ,united ,states2 and 7#b7 the ,government of ,egypt-- 7,a7 continues to implement the ,peace ,treaty between the ,state of ,israel and the ,arab ,republic of ,egypt1 signed at ,washington1 ,march #bf1 #aigi2 7,b7 is supporting the transition to an inclusive civilian government by demonstrating a commitment to hold regular1 credible elections that are free1 fair1 and consistent with internationally accepted standards2 7,c7 is respecting and protecting the political1 economic1 and religious freedoms of all residents of ,egypt1 including taking measures to address violence against women and religious minorities2 7,d7 is permitting nongovernmental organizations and civil society groups in ,egypt to operate freely and consistent with internationally recognized standards2 and 7,e7 is demonstrating a commitment to implementing economic reforms1 including reforms necessary to reduce the deficit and ensure economic stability and growth4 7b7 ,exceptions ,the prohibition in subsection 7a7 shall not apply to humanitarian assistance or assistance to promote democratic elections or public participation in democratic processes4 7c7 ,waiver 7#a7 ,in general ,the ,president may waive the limitation under subsection 7a7 for a #ahj-;day period if1 not later than #ae days before the waiver takes effect1 the ,president-- 7,a7 certifies to the appropriate congressional committees that providing such assistance is in the vital national security interests of the ,united ,states2 7,b7 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 7a7 cannot be made2 and 7,c7 submits to such committees 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 do1 or do not1 satisfy the criteria in subsection 7a77#b74 7#b7 ,extension of waiver 7,a7 ,fiscal years #bjad and #bjae ,the ,president may extend the effective period of a waiver under paragraph 7#a7 for the remainder of fiscal year #bjad and an additional fiscal year if the ,secretary of ,state submits the strategy required in subsection 7d7 to the appropriate congressional committees and1 not later than #ae days before the prior waiver expires1 the ,president submits to the appropriate congressional committees an updated certification1 report1 and analysis that meet the requirements of subparagraph 7,a71 7,b71 and 7,c71 respectively1 of paragraph 7#a74 7,b7 ,subsequent fiscal years ,the ,president may annually extend the effective period of a waiver under paragraph 7#b77;,a7 for an additional fiscal year if1 not later than #ae days before the prior year waiver expires1 the ,president submits to the appropriate congressional committees an updated certification1 report1 and analysis that meet the requirements of subparagraph 7,a71 7,b71 and 7,c71 respectively1 of paragraph 7#a74 7d7 ,strategy 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state shall separately provide to ,congress a comprehensive foreign assistance strategy for ,egypt that-- 7,a7 addresses how ,united ,states foreign assistance can most effectively-- 7i7 respond to the political and economic development concerns and aspirations of the people of ,egypt1 and seek to advance the ,united ,states' strategic objective of a secure1 democratic1 civilian-led1 and prosperous ,egypt that is a partner of the ,united ,states and advances peace and security in the region2 7ii7 support regional stability and cooperation by strengthening the political and economic relationships between ,egypt and her neighbors2 7iii7 encourage and support efforts by the ,government and people of ,egypt to foster democratic norms and institutions1 including rule of law1 transparent and accountable governance1 an independent legislature and judiciary1 regular conduct of free and fair elections1 an inclusive political process1 and effective1 law-abiding public security forces2 7iv7 support economic reforms by the ,government of ,egypt to encourage private sector-led growth and job creation1 create a favorable climate for business and investment1 fight corruption1 and expand international trade2 7v7 seek to foster a vibrant civil society in ,egypt1 including the unencumbered operation of nongovernmental organizations1 a free and independent media1 respect for women1 and protections for the political1 economic1 and religious freedoms and rights of all citizens and residents of ,egypt2 and 7vi7 seek to support security sector reform1 particularly regarding civilian police forces2 7,b7 includes an assessment of what actions the ,government of ,egypt has taken1 in law and practice1 that advance or inhibit the interests1 principles1 and goals described within this strategy1 including the ability of ,egyptian and international nongovernmental organizations to operate inside ,egypt1 especially for the purposes of promoting political1 economic1 and religious freedoms and rights1 democracy1 and education1 and what actions the ,secretary of ,state has taken to further the same interests1 principles1 and goals in ,egypt2 7,c7 is based on the best principles and practices of effective international development1 the provision of matching funds by the host government1 leveraging assistance for greater impact together with the private sector1 and the goal of graduation from assistance2 7,d7 includes a detailed assessment of resources and amounts that will be necessary to achieve the goals set forth in this subsection over the next five fiscal years2 and 7,e7 includes an assessment of the effects of a cessation of bilateral economic support for ,egypt on the ,middle ,east region and ,united ,states national security interests in the region4 7#b7 ,consideration of certain elements ,the strategy required by paragraph 7#a7 shall include consideration of-- 7,a7 measures to promote and protect foreign direct investment in the economy of ,egypt2 7,b7 programs to assist regional economic engagement by the ,government of ,egypt and job creation in that country through1 among other things1 assisting in the establishment of free trade zones in ,egypt along the ,suez ,canal ,zone2 7,c7 efforts to improve the business climate in ,egypt1 including by promoting ,united ,states trade with ,egypt and investment in that country2 and 7,d7 efforts to promote market-based economic reforms and to identify barriers to entry in the economy of ,egypt that prevent the efficient flow of capital1 goods1 and services4 7#c7 ,consultation requirement ,in developing the strategy required by paragraph 7#a71 the ,secretary of ,state shall consult with1 among other relevant parties1 the appropriate congressional committees1 the ,government of ,egypt1 political opposition groups in ,egypt1 private sector leaders1 nongovernmental organizations1 religious and secular groups1 women's organizations1 and civil society groups1 as well as relevant international nongovernmental organizations4 7e7 ,funding for democracy and governance programs 7#a7 ,in general ,if1 in any fiscal year1 bilateral economic assistance is provided to ,egypt pursuant to chapter #d of part ,,ii of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcdf et seq42 relating to the ,economic ,support ,fund71 not less than #ej1jjj1jjj of that assistance shall be provided through the ,department of ,state and the ,national ,endowment for ,democracy for democracy and governance programs in ,egypt4 7#b7 ,additional funding if waiver authority invoked ,if1 in any fiscal year1 the ,president exercises the waiver authority under subsection 7c7 and bilateral economic assistance is provided to ,egypt pursuant to chapter #d of part ,,ii of the ,foreign ,assistance ,act of #aifa1 not less than #be1jjj1jjj of that assistance 7in addition to the amount provided for under paragraph 7#a77 shall be provided through the ,department of ,state and the ,national ,endowment for ,democracy for democracy and governance programs in ,egypt4 #bjc4 ,termination ,the limitations under section #bja and #bjb shall terminate on ,september #cj1 #bjaf1 if the ,secretary of ,state submits to the appropriate congressional committees a certification that the ,government of ,egypt-- 7#a7 continues to implement the ,peace ,treaty between the ,state of ,israel and the ,arab ,republic of ,egypt1 signed at ,washington1 ,march #bf1 #aigi2 7#b7 is taking necessary and appropriate measures to counter terrorism1 including measures to counter smuggling into the ,gaza ,strip by1 among other measures1 detecting and destroying tunnels between ,egypt and the ,gaza ,strip and securing the ,sinai peninsula2 7#c7 is allowing the ,united ,states ,armed ,forces to transit the territory of ,egypt1 including through the airspace and territorial waters of ,egypt2 and 7#d7 is supporting a transition to an inclusive civilian government by demonstrating a commitment to1 and making consistent progress toward1 holding regular1 credible elections that are free1 fair1 and consistent with internationally accepted standards4 #bjd4 ,additional oversight of ongoing ,egypt funding ,section #gjda7;a7 of the ,consolidated ,appropriations ,act1 #bjab 7,public ,law #aab-gd2 #abe ,stat4 #abbb7 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 ,representatives4 #bje4 ,sunset of existing authority 7a7 ,repeal ,section #gjjh of the ,consolidated ,appropriations ,act1 #bjab 7,public ,law #aab-gd2 #abe ,stat4 #aaie7 is hereby repealed4 7b7 ,termination of existing restrictions ,notwithstanding any other provision of law1 any restrictions on assistance to a foreign government as the result of a coup d'tat that were enacted before the date of the enactment of this ,act shall terminate as of the date of the enactment of this ,act and shall no longer apply to the provision of such assistance4 #bjf4 ,appropriate congressional committees defined ,in this title1 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 ,representatives4 ,december #ah1 #bjac,read twice and placed on the calendar