I 

113TH CONGRESS 

1ST SESSION H. R. 416 

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. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Egypt Accountability 

5 and Democracy Promotion Act’’. 


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1 SEC. 2. DECLARATION OF POLICY. 

2 The policy of the United States shall be to use its 

3 foreign assistance for Egypt, including the ‘‘Foreign Mili4 tary Financing’’ program, to advance United States na5 tional security interests in Egypt, including encouraging 

6 the advancement of political, economic, and religious free7 dom in Egypt. 

8 SEC. 3. LIMITATION ON SECURITY ASSISTANCE TO THE 

9 GOVERNMENT OF EGYPT. 

10 (a) LIMITATION.—Of the amounts available for as11 sistance for Egypt under section 23 of the Arms Export 

12 Control Act (22 U.S.C. 2763; relating to the ‘‘Foreign 

13 Military Financing’’ program)— 

14 (1) 10 percent of that amount shall be withheld 

15 from the Government of Egypt unless, not later than 

16 30 days after the enactment of this Act, the Sec17 retary of State has made the certification described 

18 in subsection (c); 

19 (2) 50 percent of that amount shall be withheld 

20 from the Government of Egypt if a further period of 

21 30 days has elapsed immediately following the 30- 

22 day period described in paragraph (1) without a cer23 tification described in subsection (c) being in effect; 

24 and 

25 (3) 100 percent of that amount shall be with26 held from the Government of Egypt if a further peVerDate Mar 15 2010 04:33 Feb 06, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H416.IH H416

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1 riod of 120 days has elapsed immediately following 

2 the 30-day period described in paragraph (2) with3 out a certification described in subsection (c) being 

4 in effect. 

5 (b) REPORT.—If the Secretary of State is unable to 

6 make the certification described in subsection (c) and ap7 plies the withholding of funds described in paragraph (1), 

8 (2), or (3) of subsection (a), as the case may be, the Sec9 retary shall transmit to the appropriate congressional 

10 committees a report that contains the reasons therefor. 

11 (c) CERTIFICATION.—A certification described in this 

12 subsection is a certification transmitted by the Secretary 

13 of State to the appropriate congressional committees that 

14 contains a determination of the Secretary that— 

15 (1)(A) the Government of Egypt is not directly 

16 or indirectly controlled by or under the influence of 

17 a foreign terrorist organization, its affiliates, or its 

18 supporters; and 

19 (B) no member, affiliate, or supporter of a for20 eign terrorist organization serves in a policy-making 

21 position in a ministry, agency, or instrumentality of 

22 the Government of Egypt; 

23 (2) the Government of Egypt— 

24 (A) has adopted and fully implemented 

25 legal reforms that protect the political, ecoVerDate Mar 15 2010 04:33 Feb 06, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H416.IH H416

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1 nomic, and religious freedoms and human 

2 rights of all citizens and residents of Egypt; 

3 and 

4 (B) is not acting to restrict the political, 

5 economic, or religious freedoms and human 

6 rights of the citizens and residents of Egypt; 

7 (3) the Government of Egypt is fully imple8 menting the Israel-Egypt Peace Treaty; and 

9 (4) the Government of Egypt is taking concrete, 

10 verifiable steps to detect and destroy the smuggling 

11 network and tunnels between Egypt and the Gaza 

12 Strip and to crack down on violent extremist groups 

13 and activities in the Sinai Peninsula. 

14 (d) RECERTIFICATIONS.—Not later than 90 days 

15 after the date on which the Secretary of State transmits 

16 to the appropriate congressional committees an initial cer17 tification under subsection (c), and every 6 months there18 after— 

19 (1) the Secretary shall transmit to the appro20 priate congressional committees a recertification that 

21 the requirements contained in subsection (c) are 

22 continuing to be met; or 

23 (2) if the Secretary is unable to make such a 

24 recertification, the Secretary shall apply the with25 holding of funds described in paragraph (1), (2), or 


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1 (3) of subsection (a), as the case may be, and the 

2 Secretary shall transmit to the appropriate congres3 sional committees a report that contains the reasons 

4 therefor. 

5 (e) WAIVER.—The Secretary of State may waive the 

6 limitation in subsection (a)(3) for one or more 90-day pe7 riods with respect to up to 50 percent of the amount re8 quired to be withheld under such subsection if, for each 

9 such 90-day period, the Secretary determines and certifies 

10 to the appropriate congressional committees that it is in 

11 the national security interests of the United States to do 

12 so and transmits to the appropriate congressional commit13 tees a report with detailed reasoning for the determination 

14 and certification. 

15 (f) TRANSFER OF CERTAIN INTEREST FOR EGYPT.— 

16 Any interest earned from amounts in an interest bearing 

17 account for Egypt to which funds made available under 

18 section 23 of the Arms Export Control Act (22 U.S.C. 

19 2763; relating to the ‘‘Foreign Military Financing’’ pro20 gram) shall be— 

21 (1) transferred to and consolidated with 

22 amounts available for assistance for the Middle East 

23 Partnership Initiative under chapter 4 of part II of 

24 the Foreign Assistance Act of 1961 (22 U.S.C. 2346 


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1 et seq.; relating to the ‘‘Economic Support Fund’’); 

2 and 

3 (2) allocated for democracy and governance 

4 programs for Egypt, including direct support for 

5 secular, democratic nongovernmental organizations. 

6 (g) REPORT.—Not later than 180 days after the date 

7 of the enactment of this Act, the Secretary of State shall 

8 submit to the appropriate congressional committees a re9 port that includes the following: 

10 (1) A description of the strategic objectives of 

11 the United States regarding the provision of United 

12 States security assistance to the Government of 

13 Egypt. 

14 (2) A description of biennial outlays of United 

15 States security assistance to the Government of 

16 Egypt for the purposes of strategic planning, train17 ing, provision of equipment, and construction of fa18 cilities, including funding streams. 

19 (3) A description of vetting and end-user moni20 toring systems in place by both Egypt and the 

21 United States for defense articles and training pro22 vided by the United States, including human rights 

23 vetting. 

24 (4) A description of actions that the Govern25 ment of Egypt is taking to— 


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1 (A) fully implement the Egypt-Israel peace 

2 treaty; 

3 (B) detect and destroy the smuggling net4 work and tunnels between Egypt and the Gaza 

5 Strip and to crack down on violent extremist 

6 groups and activities in the Sinai Peninsula; 

7 (C) repudiate, combat, and stop incitement 

8 to violence against the United States and 

9 United States citizens and prohibit the trans10 mission within its domains of satellite television 

11 or radio channels that broadcast such incite12 ment; and 

13 (D) adopt and implement legal reforms 

14 that protect the religious and democratic free15 doms of all citizens and residents of Egypt. 

16 (5) Recommendations, including with respect to 

17 required resources and actions, to maximize the ef18 fectiveness of United States security assistance pro19 vided to Egypt. 

20 (h) GAO REPORT.—Not later than 120 days after 

21 the date of the submission of the report required under 

22 subsection (f), the Comptroller General of the United 

23 States shall submit to the appropriate congressional com24 mittees a report that— 


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1 (1) reviews and comments on the report re2 quired under subsection (f); and 

3 (2) provides recommendations regarding addi4 tional actions with respect to the provision of United 

5 States security assistance to Egypt, if necessary. 

6 (i) APPROPRIATE CONGRESSIONAL COMMITTEES DE7 FINED.—In this section, the term ‘‘appropriate congres8 sional committees’’ means— 

9 (1) the Committee on Foreign Affairs of the 

10 House of Representatives; and 

11 (2) the Committee on Foreign Relations of the 

12 Senate. 

13 SEC. 4. LIMITATION ON ECONOMIC ASSISTANCE TO EGYPT. 

14 (a) LIMITATION.—Of the amounts available for as15 sistance for Egypt under chapter 4 of part II of the For16 eign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relat17 ing to the ‘‘Economic Support Fund’’), none of that 

18 amount may be provided for direct or indirect assistance 

19 to the Government of Egypt unless a certification de20 scribed in section 3(c) is in effect. 

21 (b) REALLOCATION.—During a period in which a cer22 tification described in section 3(c) is not in effect, amounts 

23 that may not be provided for direct or indirect assistance 

24 to the Government of Egypt pursuant to the limitation 

25 under subsection (a) shall be reallocated for democracy 


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1 and governance programs for Egypt, including direct sup2 port for secular, democratic nongovernmental organiza3 tions, as well as programming and support for rule of law 

4 and human rights, good governance, political competition 

5 and consensus-building, and civil society. 

6 SEC. 5. GOVERNMENT OF EGYPT DEFINED. 

7 In this Act, the term ‘‘Government of Egypt’’ means 

8 any person, agent, instrumentality, or official of, is affili9 ated with, or is serving as a representative of the Govern10 ment of Egypt. 

Æ 


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