Egypt Assistance Reform Act of 2013

Bill: 113-s-1857
Sponsor: Sen. Menendez, Robert [D-NJ]
Introduced: 2013-12-18 in the Senate
Policy area: International Affairs
Subjects: Arab-Israeli relations
Arms control and nonproliferation
Congressional oversight
Crimes against women
Egypt
Foreign aid and international relief
Free trade and trade barriers
Gaza Strip
Human rights
Human trafficking
Intelligence activities, surveillance, classified information
International law and treaties
International organizations and cooperation
Israel
Licensing and registrations
Middle East
Military assistance, sales, and agreements
Military operations and strategy
Multilateral development programs
News media and reporting
Nuclear weapons
Religion
Rule of law and government transparency
Sanctions
Smuggling and trafficking
Sovereignty, recognition, national governance and status
Terrorism
U.S. and foreign investments
Women's rights

Summary:
action_date: 2013-12-18
text: 
Egypt Assistance Reform Act of 2013 - Amends the Foreign Assistance Act of 1961 to prohibit foreign assistance authorized pursuant to this Act or the Arms Export Control Act from being provided to the government of a foreign country 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. 
 
Terminates restrictions when the Secretary notifies Congress that a democratically elected government has taken office in such country. 
 
Exempts from such prohibition humanitarian assistance or assistance to promote democratic elections or public participation in democratic processes. 
 
Applies such restrictions to Fiji, Guinea-Bissau, Madagascar, and Sudan upon enactment of this Act.
 
 Prohibits the U.S. government from licensing or otherwise allowing the sale, lease, or transfer of defense articles or defense services to Egypt until the Secretary certifies to Congress that providing such assistance is in U.S. national security interests and the government of Egypt: (1) continues to implement the Peace Treaty between the State of Israel and the Arab Republic of Egypt; (2) is taking appropriate measures to counter terrorism; (3) is allowing U.S. Armed Forces to transit Egyptian territory; (4) is supporting a transition to an inclusive civilian government; (5) is protecting the political and economic freedoms of all residents of Egypt, including addressing violence against women and religious minorities; and (6) continues to abide by its nuclear non-proliferation commitments.
 
Exempts from such restrictions defense articles and defense services for supporting counterterrorism, border and maritime security, or special operations. 
 
Directs the Secretary to submit to Congress a comprehensive strategy for modernizing and improving U.S. security cooperation with, and assistance for, Egypt which shall seek to: (1) enhance Egypt's ability to defeat al Qaeda and other terrorist organizations operating in Egypt, and to counter terrorist radicalization; (2) improve Egypt's capacity 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 the Gaza Strip; (3) enhance Egypt's operational and intelligence capabilities; and (E) increase accountability to civilian authority. 
 
 Prohibits bilateral economic assistance from being made available to the government of Egypt until the Secretary certifies to Congress that: (1) providing such assistance is in the U.S. national security interest; and (2) the government of Egypt continues to implement the Peace Treaty between the State of Israel and the Arab Republic of Egypt, and is taking certain political, economic, and social measures. 
 
 Excludes from such prohibition humanitarian assistance or assistance to promote democratic elections or public participation in democratic processes.
 
Directs the Secretary to provide to Congress a comprehensive foreign assistance strategy for Egypt that addresses how U.S. foreign assistance can most effectively advance the objective of a secure, democratic, civilian-led Egypt that is a U.S. partner and advances regional peace. 
 
 Terminates the limitations under this title on September 30, 2016, if the Secretary certifies to Congress that Egypt: (1) continues to implement the Peace Treaty between the State of Israel and the Arab Republic of Egypt; (2) is taking appropriate measures to counter terrorism, including measures to counter smuggling into the Gaza Strip; (3) is allowing U.S. Armed Forces to transit Egyptian territory; and (4) is supporting a transition to an inclusive civilian government.
 
 Amends the Consolidated Appropriations Act, 2012 to repeal the prohibition against the use of funds under that Act for assistance to any country whose elected head of government is deposed by military coup or decree.

action_date: 2013-12-18
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Egypt Assistance Reform Act of 2013 - 
Title I: Prohibition on Assistance to Governments Following Coups D'Etat
 - (Sec. 101) Amends the Foreign Assistance Act of 1961 to prohibit foreign assistance authorized pursuant to this Act or the Arms Export Control Act from being provided to the government of a foreign country 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. 
 
Terminates restrictions 15 days after the Secretary notifies Congress that a democratically elected government has taken office in such country 
 
Exempts from such prohibition humanitarian assistance or assistance to promote democratic elections or public participation in democratic processes. 
 
Requires the Secretary of State to: (1) determine whether a coup d'etat has taken place within 30 days of receiving credible information of such an event, and (2) transmit such determination to Congress with an assessment of the impact upon U.S. national security interests of the cessation of assistance.
 
Authorizes the President, with congressional notification, to waive such restrictions if in U.S. national security interests.
 
Applies such restrictions to Fiji, Guinea-Bissau, Madagascar, and Sudan upon enactment of this Act.
 

Title II: United States Assistance for Egypt
 - (Sec. 201) Prohibits the U.S. government from licensing or otherwise allowing the sale, lease, transfer, or delivery of defense articles or defense services to Egypt until 15 days after the Secretary certifies to Congress that providing such assistance is in U.S. national security interests and the government of Egypt: (1) continues to implement the Peace Treaty between the State of Israel and the Arab Republic of Egypt; (2) is taking appropriate measures to counter terrorism; (3) is allowing U.S. Armed Forces to transit Egyptian territory; (4) is supporting a transition to an inclusive civilian government; (5) is protecting the political and economic freedoms of all residents of Egypt, including addressing violence against women and religious minorities; and (6) has continued to abide by its nuclear non-proliferation commitments.
 
Exempts from such restrictions defense articles and defense services for supporting counterterrorism, border and maritime security, or special operations. 
 
Authorizes the President, with congressional notification, to waive such restrictions if in U.S. national security interests.
 
Directs the Secretary to: (1) submit to Congress a comprehensive strategy for modernizing and improving U.S. security cooperation with, and assistance for, Egypt; and (2) report to Congress on U.S.-funded contracts with Egypt 
 
States that such strategy shall seek to: (1) enhance Egypt's ability to defeat al Qaeda and other terrorist organizations operating in Egypt, and to counter terrorist radicalization; (2) improve Egypt's capacity 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 the Gaza Strip; (3) enhance Egypt's operational and intelligence capabilities; and (4) increase accountability to civilian authority, respect for human rights, and the rule of law within Egypt's armed forces.
 
(Sec. 202) Prohibits bilateral economic assistance from being made available to the government of Egypt until 15 days after the Secretary certifies to Congress that providing such assistance: (1) is in the U.S. national security interest; and (2) the government of Egypt continues to implement the Peace Treaty between the State of Israel and the Arab Republic of Egypt, is supporting the transition to an inclusive civilian government by demonstrating a commitment to hold credible, free elections, is protecting the political, economic, and religious freedoms of all residents of Egypt, including taking measures to address violence against women and religious minorities, is permitting nongovernmental organizations and civil society groups in Egypt to operate freely, and is implementing economic reforms.
 
 Excludes from such prohibition humanitarian assistance or assistance to promote democratic elections or public participation in democratic processes.
 
Authorizes the President, with congressional notification, to waive such restrictions if in U.S. national security interests.
 
Directs the Secretary to provide to Congress a comprehensive foreign assistance strategy for Egypt that: (1) addresses how U.S. foreign assistance can most effectively advance the objective of a secure, democratic, civilian-led Egypt that is a U.S. partner and advances regional peace; (2) assesses actions the government of Egypt has taken that advance or inhibit strategy principles and goals; (3) is based on the best principles and practices of effective international development and the goal of graduation from assistance; (4) assesses resources and amounts that will be necessary over the next five fiscal years to achieve strategy goals; and (5) assesses the effects of a cessation of bilateral economic support for Egypt on the Middle East and related U.S. national security interests.
 
Declares that, if in any fiscal year bilateral economic assistance is provided to Egypt from the Economic Support Fund (ESF), not less than $50 million of it shall be provided through the Department and the National Endowment for Democracy for governance and democracy programs in Egypt.
 
Declares in addition that, if in any year the President exercises a waiver and bilateral economic assistance is provided to Egypt, at least an additional $25 million of it shall also be provided through the Department and the National Endowment for Democracy for such programs.
 
(Sec. 203) Terminates the limitations under this title on September 30, 2016, if the Secretary certifies to Congress that Egypt: (1) continues to implement the Peace Treaty between the State of Israel and the Arab Republic of Egypt; (2) is taking appropriate measures to counter terrorism, including measures to counter smuggling into the Gaza Strip; (3) is allowing U.S. Armed Forces to transit Egyptian territory; and (4) is supporting a transition to an inclusive civilian government by making progress toward holding free elections that are consistent with internationally accepted standards.
 
(Sec. 204) Provides for additional congressional committee oversight of Egyptian funding.
 
(Sec. 205) Amends the Consolidated Appropriations Act, 2012 to repeal the prohibition on the use of funds under such Act for assistance to any country whose elected head of government is deposed by military coup or decree.
 
 Provides that any restrictions on assistance to a foreign government as the result of a coup d'etat that were enacted before enactment of this Act shall terminate as of the date of enactment and no longer apply to the provision of such assistance.


Legislative actions:
action_date: 2013-12-18
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 267.
action_date: 2013-12-18
text: Committee on Foreign Relations. Original measure reported to Senate by Senator Menendez. Without written report.
action_date: 2013-12-18
text: Committee on Foreign Relations. Original measure reported to Senate by Senator Menendez. Without written report.
action_date: 2013-12-18
text: Introduced in Senate