Sec. 101. Prohibition on assistance to governments following coups d'état
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Chapter 1 of part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2301 et seq. ) is amended by adding at the end the following new section: After the date of the enactment of the Egypt Assistance Reform Act of 2013, except as provided under subsection (b), no foreign assistance authorized pursuant to this Act or the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) may be provided to the government of a foreign country, and none of the funds appropriated for such assistance shall be obligated or expended to finance directly any such assistance for such government, whose democratically elected head of government is deposed by coup d’état or decree in which the security services of that country play a decisive role.
The prohibition in subsection
(a)shall not apply to humanitarian assistance or assistance to promote democratic elections or public participation in democratic processes. After the date of the enactment of the Egypt Assistance Reform Act of 2013, not later than 30 days after receiving credible information that the democratically elected head of a national government may have been deposed by coup d’état or decree in which the security services of that country played a decisive role, the Secretary of State shall determine whether the democratically elected head of government was deposed by coup d’état or decree in which the security forces of that country played a decisive role. A determination made under paragraph
(1)shall be submitted to the appropriate congressional committees on the day that such determination is made, 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 (a). The restriction in subsection
(a)shall terminate 15 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 fair. The President may waive the restrictions in subsection
(a)for a 180-day period if, not later than 5 days before the waiver takes effect, the President certifies to the appropriate congressional committees that— providing such assistance is in the vital national security interests of the United States, including for the purpose of combating terrorism; and such foreign 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 timeframe. Not later than 15 days prior to the submission of the certification required by paragraph (1), 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 waiver. The President may extend the effective period of a waiver under paragraph
(1)for additional 180-day periods if, not later than 5 days before the extension takes effect, the President submits to the appropriate congressional committees an updated certification meeting the requirements of subparagraphs
(A)and
(B)of paragraph (1). Any certification submitted pursuant to subsection
(e)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 waiver, 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 elections. In this section, 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 Representatives. . The restrictions and exceptions under subsections
(a)and
(b)of section 502C of the Foreign Assistance Act of 1961, as added by subsection (a), shall apply to Fiji, Guinea-Bissau, Madagascar, and Sudan as of the date of the enactment of such section.
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