Photo Credit: Pete Marovich / Bloomberg
On Thursday, Senators Robert Menendez (D-NJ) and Bob Corker (R-TN) introduced amendment 2522 to S. 1197, the Senate version of the National Defense Authorization Act (NDAA). The amendment would “reform assistance to Egypt.”
Part I – Prohibition on Assistance to Governments Following Coup D’Etats
The amendment would prohibit direct assistance to any government whose democratically elected head is deposed by coup d’etat, or by decree in which the security services of that country play a decisive role. This suspension requirement would not apply to humanitarian or democracy assistance.
The Secretary of State shall determine whether such a prohibition should apply within 30 days of receiving credible information that a democratically elected head of national government “may have been deposed.” If that determination is made, direct assistance to that government would remain prohibited until the Secretary of State notifies Congress that “a democratically elected government has taken office in such country pursuant to elections determined to be free and fair.”
The Secretary of States could waive such an aid suspension for 180 days after consultation and upon providing Congress a detailed justification and report which certifies “that providing such assistance is in the vital national security interests of the United States” and that the 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 time frame.” The waiver could be extended by additional 180-day periods following the same process.
Part II – United States Assistance for Egypt
Section 1261
The amendment would require a suspension of arms sales, transfers, and delivery of defense articles and services to Egypt until the President certifies to Congress that assistance is in the vital national security interest of the United states, and the Government of Egypt:
- continues to implement the peace treaty with Israel;
- is taking necessary steps to counter terrorism;
- is taking necessary steps to counter terrorism;
- is supporting a democratic transition process;
- is respecting and protecting the political and economic freedoms of all Egyptians; and
- is respecting the freedom of expression and due process of law including taking measures to address violence against women and religious minorities.
This suspension requirement would not apply to supplies for “counterterrorism, border and maritime security, or special operations capabilities or operations.”
This section also includes a national security waiver to the administration on this restriction. The President could waive the limitations described above for 180 days upon providing Congress a detailed justification and report on the “extent to which the actions of the Government of Egypt do or do not satisfy each of the criteria. The waiver can be extended for an additional 180 days following the same process.
Moreover, the amendment would have the Secretary of State submit a comprehensive “strategy to reform United States military assistance to Egypt” that shall seek to:
- enhance Egypt’s ability to defeat terrorist organizations and ideology;
- improve Egypt’s capacity to prevent human trafficking, and the illicit movement of terrorists, criminals and weapons across Egypt;
- improve Egypt’s counterterrorism, counterinsurgency, and border security capabilities;
- enhance Egypt’s intelligence gathering and sharing capacity; and
- increase transparency, accountability to civilian authority, respect for human rights, and the rule of law within armed forces.
The strategy would include the following elements:
- a detailed assessment of the mechanism by which military assistance is provided to Egypt and whether such mechanism should be modified;
- an assessment of whether funding for economic development and political assistance programs should be increased as a percentage of Egypt’s overall assistance, and an assessment of whether there should be an increased percentage of Egypt’s military assistance focused on counterinsurgency, counterterrorism, border and maritime security and related training;
- an assessment of whether current levels of economic and military support to Egypt are achieving United States national security objectives and supporting Egypt’s transition to democracy;
- an estimated schedule for completing modernization of Egypt’s armed forces with U.S. equipment; and
- an assessment of the extent to which Egypt is implementing the peace treaty with Israel, combating terrorism in the Sinai, and eliminating smuggling networks to Gaza.
An additional report must be submitted on contracts, including a summary of all contracts with Egypt over the past 10 years and a projection of future contracts for the next five years. This report must also include information on contracts or purchases made by Egypt using interest earned from amounts accrued in an interest bearing account of Egypt’s assistance.
Section 1262
This amendment also provides similar certification requirements on U.S. bilateral economic assistance as listed above, with two additions: a certification that Egypt is permitting nongovernmental organizations and civil society groups in Egypt to operate freely and consistent with internationally recognized standards, and demonstrating a commitment to implementing economic reforms. These restriction on economic assistance also include a national security waiver for 180 days as well under similar provisions outlined above in relation to military assistance.
The amendment also requires a strategy from the Secretary of State on a comprehensive foreign assistance strategy for Egypt, to ascertain how U.S. assistance to Egypt can most effectively:
- respond to the political and economic concerns and aspirations of the people of Egypt, and advance the strategic objective of a “secure, democratic, civilian-led, and prosperous Egypt”;
- support regional stability;
- encourage and support efforts 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, and inclusive political process, and effective, law-abiding public security forces”;
- support economic reform, private sector growth, and fight corruption;
- foster a vibrant civil society in Egypt, including NGOs, free and independent media, respect for women, and full freedoms and protections for all citizens and resident of Egypt; and
- support security sector reform, particularly regarding civilian police forces.
This report must also include an assessment of what actions Egypt has taken to advance or inhibit the interests and goals listed above, as well as an assessment of the Secretary of State’s actions to further the same interests and goals in Egypt. The strategy should be based on the goal of graduation from assistance, and also include a detailed assessment of resources and amounts necessary to achieve those goals over the next five fiscal years.
Finally in this section, the amendment also designates that a minimum of $50 million of Egypt’s economic assistance must be allocated for democracy and governance programs, and shall be administered by the State Department and National Endowment for Democracy. Furthermore, if the national security waiver is invoked on Egypt’s economic assistance (i.e. if Egypt is unable to meet the conditions on that assistance, including democracy and reform objectives), an additional $25 million of democracy and governance assistance shall be allocated to the State Department and National Endowment for Democracy to be spent on Egypt programs.
Section 1263
The limitations under section 1261 and 1262 (detailed above, these include conditions on Egypt’s economic and military assistance, as well as the strategies from the administration) shall be terminated after the President certifies to Congress that “a democratically elected government has taken office in Egypt pursuant to elections determined by the President to be free and fair.”
Section 1264
In addition to the Committees on Appropriations, the Senate Foreign Relations Committee and House Foreign Affairs Committee will also oversee assistance to Egypt.
Section 1265
Section 7008 of the Consolidating Appropriations Act 2012 (existing legislating governing the suspension of assistance in the event of a coup d’etat) is repealed.
The amendment will now be considered for debate by Senate leadership as a part of NDAA negotiations.