[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 192 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 475
116th CONGRESS
  2d Session
                                H. R. 192


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 11, 2019

Received; read twice and referred to the Committee on Foreign Relations

                              June 3, 2020

                Reported by Mr. Risch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
 To establish an interagency program to assist countries in North and 
West Africa to improve immediate and long-term capabilities to counter 
               terrorist threats, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Trans-Sahara 
Counterterrorism Partnership Act''.</DELETED>

<DELETED>SEC. 2. SENSE OF CONGRESS.</DELETED>

<DELETED>    It is the sense of Congress that--</DELETED>
        <DELETED>    (1) the Trans-Sahara Counterterrorism Partnership, 
        launched in 2005, is an interagency program to assist partner 
        countries in the Sahel and Maghreb regions of Africa on their 
        immediate and long-term capabilities to address terrorist 
        threats and prevent the spread of violent extremism;</DELETED>
        <DELETED>    (2) armed groups and violent Islamist terrorist 
        organizations, such as Al Qaeda in the Islamic Maghreb, Boko 
        Haram, the Islamic State of West Africa, and other affiliated 
        groups, have killed tens of thousands of innocent civilians, 
        displaced populations, destabilized local and national 
        governments, and caused mass human suffering in the affected 
        communities;</DELETED>
        <DELETED>    (3) it is in the national security interest of the 
        United States to combat the spread of radical Islamist 
        extremism and build partner countries' capacity to combat these 
        threats in Africa;</DELETED>
        <DELETED>    (4) extremist movements exploit vulnerable and 
        marginalized communities suffering from poverty, lack of 
        economic opportunity (particularly among youth populations), 
        and weak governance; and</DELETED>
        <DELETED>    (5) to address critical security, political, 
        economic, and humanitarian challenges in these regions of 
        Africa, a coordinated, interagency approach is needed to 
        appropriately allocate resources, share responsibility, de-
        conflict programs, and maximize the effectiveness of United 
        States defense, diplomatic, and development 
        capabilities.</DELETED>

<DELETED>SEC. 3. TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP.</DELETED>

<DELETED>    (a) Trans-Sahara Counterterrorism Partnership.--</DELETED>
        <DELETED>    (1) Establishment.--The Secretary of State, in 
        consultation with the Secretary of Defense and the 
        Administrator of the United States Agency for International 
        Development, shall establish a partnership, to be known as the 
        ``Trans-Sahara Counterterrorism Partnership'' (TSCTP), to 
        coordinate all United States programs, projects, and activities 
        in North and West Africa that are conducted for any of the 
        following purposes:</DELETED>
                <DELETED>    (A) To build the capacity of foreign 
                military and law enforcement entities in such regions 
                to conduct counterterrorism operations.</DELETED>
                <DELETED>    (B) To improve the ability of foreign 
                military and law enforcement entities in such regions 
                to cooperate with the United States and other partner 
                countries on counterterrorism efforts.</DELETED>
                <DELETED>    (C) To enhance the border security 
                capacity of partner countries in such regions, 
                including the ability to monitor, restrain, and 
                interdict terrorists.</DELETED>
                <DELETED>    (D) To strengthen the rule of law in such 
                countries, including access to justice, and the ability 
                of the law enforcement entities of such partner 
                countries to detect, disrupt, respond to, investigate, 
                and prosecute terrorist activity.</DELETED>
                <DELETED>    (E) To monitor and counter the financing 
                of terrorism.</DELETED>
                <DELETED>    (F) To further reduce any vulnerabilities 
                among affected populations in such regions to 
                recruitment or incitement of terrorist activities 
                through public diplomacy efforts, such as supporting 
                youth employment, promoting meaningful participation of 
                women, strengthening local governance and civil society 
                capacity, and improving access to economic 
                opportunities and education.</DELETED>
                <DELETED>    (G) To support independent, local-language 
                media, particularly in rural areas, to counter media 
                operations and recruitment propaganda by terrorist 
                organizations.</DELETED>
        <DELETED>    (2) Consultation.--In coordinating programs 
        through the TSCTP, the Secretary of State shall also consult, 
        as appropriate, with the Director of National Intelligence, the 
        Secretary of the Treasury, the Attorney General, the Chief 
        Executive Officer of the United States Agency for Global Media 
        (formerly known as the Broadcasting Board of Governors), and 
        the heads of other relevant Federal departments and 
        agencies.</DELETED>
        <DELETED>    (3) Congressional notification.--Not later than 15 
        days before obligating amounts for an activity coordinated by 
        the TSCTP pursuant to paragraph (1), the Secretary of State 
        shall submit a notification, in accordance with the 
        requirements of section 634A of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2394-1), that includes the following:</DELETED>
                <DELETED>    (A) The foreign country and entity, as 
                applicable, whose capabilities are to be enhanced in 
                accordance with the purposes specified in paragraph 
                (1).</DELETED>
                <DELETED>    (B) The amount, type, and purpose of 
                support to be provided.</DELETED>
                <DELETED>    (C) An assessment of the capacity of the 
                foreign country or entity to absorb the assistance to 
                be provided.</DELETED>
                <DELETED>    (D) The estimated cost and anticipated 
                implementation timeline for assistance.</DELETED>
                <DELETED>    (E) As applicable, a description of the 
                arrangements to sustain any equipment provided by the 
                activity beyond the completion date of such activity, 
                if applicable, and the estimated cost and source of 
                funds to support such sustainment.</DELETED>
                <DELETED>    (F) The amount, type, statutory 
                authorization, and purpose of any United States 
                security assistance provided to such foreign country 
                during the three preceding fiscal years pursuant to 
                authorities under title 10, United States Code, the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
                seq.), or any other ``train and equip'' authorities of 
                the Department of Defense.</DELETED>
<DELETED>    (b) Comprehensive Strategy for Counterterrorism Efforts.--
</DELETED>
        <DELETED>    (1) Development.--Not later than 180 days after 
        the date of enactment of this Act, the Secretary of State, in 
        consultation with the Secretary of Defense and the 
        Administrator of the United States Agency for International 
        Development, shall submit to the appropriate congressional 
        committees a comprehensive, interagency strategy that--
        </DELETED>
                <DELETED>    (A) states the objectives of the United 
                States counterterrorism effort in North and West Africa 
                with respect to the use of all forms of United States 
                assistance to counter violent extremism;</DELETED>
                <DELETED>    (B) includes a plan by the Secretary of 
                State for the manner in which programs shall be 
                coordinated by the TSCTP pursuant to subsection (a)(1), 
                including which agency or bureau of the Department of 
                State, as applicable, will be responsible for leading 
                and coordinating each such program; and</DELETED>
                <DELETED>    (C) outlines a plan to monitor and 
                evaluate TSCTP programs and identifies the key 
                indicators that will be used to measure performance and 
                progress under the strategy.</DELETED>
        <DELETED>    (2) Supporting material in annual budget 
        request.--The Secretary of State shall include, in the budget 
        materials submitted in support of the budget of the President 
        (submitted to Congress pursuant to section 1105 of title 31, 
        United States Code) for each fiscal year beginning after the 
        date of the enactment of this Act, a description of the 
        requirements, activities, and planned allocation of amounts 
        requested by the TSCTP.</DELETED>
<DELETED>    (c) Monitoring and Evaluation of Programs and 
Activities.--</DELETED>
        <DELETED>    (1) Monitoring and evaluation.--The Secretary of 
        State, in consultation with the Secretary of Defense and the 
        Administrator of the United States Agency for International 
        Development, shall monitor and evaluate the programs 
        coordinated by the TSCTP pursuant to subsection (a)(1) in 
        accordance with the plan outlined pursuant to subsection 
        (b)(1)(C).</DELETED>
        <DELETED>    (2) Report.--For the 5-year period beginning 180 
        days after the date of the enactment of this Act, the Secretary 
        of State shall submit to the appropriate congressional 
        committees an annual report on monitoring and evaluation 
        efforts pursuant to paragraph (1) that describes--</DELETED>
                <DELETED>    (A) the progress made in meeting the 
                objectives listed in the strategy required by 
                subsection (b)(1), including any lessons learned in 
                carrying out TSCTP programs and activities and any 
                recommendations for improving such programs and 
                activities;</DELETED>
                <DELETED>    (B) the efforts taken to coordinate, de-
                conflict, and streamline TSCTP programs to maximize 
                resource effectiveness;</DELETED>
                <DELETED>    (C) the extent to which each partner 
                country has demonstrated the ability to absorb the 
                equipment or training provided in the year previous 
                under TSCTP programs, and where applicable, the ability 
                to maintain and appropriately utilize such equipment 
                provided;</DELETED>
                <DELETED>    (D) the extent to which each partner 
                country is investing its own resources to advance the 
                goals described in subsection (a)(1) or demonstrated a 
                commitment and willingness to cooperate with the United 
                States to advance such goals; and</DELETED>
                <DELETED>    (E) the actions taken by the government of 
                each partner country receiving assistance through 
                programs coordinated by the TSCTP to combat corruption, 
                improve transparency and accountability, and promote 
                other forms of good governance.</DELETED>
<DELETED>    (d) Form.--The strategy required by subsection (b)(1) and 
the report required by subsection (c)(2) shall be submitted in 
unclassified form but may include a classified annex.</DELETED>
<DELETED>    (e) Appropriate Congressional Committees Defined.--In this 
section, the term ``appropriate congressional committees'' means--
</DELETED>
        <DELETED>    (1) the Committee on Armed Services, the Committee 
        on Foreign Affairs, the Committee on Appropriations, and the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives; and</DELETED>
        <DELETED>    (2) the Committee on Armed Services, the Committee 
        on Foreign Relations, the Committee on Appropriations, and the 
        Select Committee on Intelligence of the Senate.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trans-Sahara Counterterrorism 
Partnership Program Act of 2020''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) terrorist and violent extremist organizations, such as 
        Al Qaeda in the Islamic Maghreb, Boko Haram, the Islamic State 
        of West Africa, and other affiliated groups, have killed tens 
        of thousands of innocent civilians, displaced populations, 
        destabilized local and national governments, and caused mass 
        human suffering in the affected communities;
            (2) poor governance, political and economic 
        marginalization, and lack of accountability for human rights 
        abuses by security forces are drivers of extremism;
            (3) it is in the national security interest of the United 
        States to combat the spread of terrorism and violent extremism 
        and build the capacity of partner countries to combat these 
        threats in Africa;
            (4) terrorist and violent extremist organizations exploit 
        vulnerable and marginalized communities suffering from poverty, 
        lack of economic opportunity (particularly among youth 
        populations), corruption, and weak governance; and
            (5) a comprehensive, coordinated interagency approach is 
        needed to develop an effective strategy to address the security 
        challenges in the Sahel-Maghreb, appropriately allocate 
        resources, de-conflict programs, and maximize the effectiveness 
        of United States defense, diplomatic, and development 
        capabilities.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States to assist countries in North 
and West Africa, and other allies and partners active in those regions, 
in combating terrorism and violent extremism through a coordinated 
interagency approach with a consistent strategy that appropriately 
balances security activities with diplomatic and development efforts to 
address the political, socioeconomic, governance, and development 
challenges in North and West Africa that contribute to terrorism and 
violent extremism.

SEC. 4. TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP PROGRAM.

    (a) Trans-Sahara Counterterrorism Partnership Program.--
            (1) Establishment.--The Secretary of State, in consultation 
        with the Secretary of Defense and the Administrator of the 
        United States Agency for International Development, shall 
        establish a partnership program, to be known as the ``Trans-
        Sahara Counterterrorism Partnership (TSCTP) Program'' to 
        coordinate all programs, projects, and activities of the United 
        States Government in countries in North and West Africa that 
        are conducted for any of the following purposes:
                    (A) To improve governance and the capacities of 
                countries in North and West Africa to deliver basic 
                services, particularly with at-risk communities, as a 
                means of countering terrorism and violent extremism by 
                enhancing state legitimacy and authority and countering 
                corruption.
                    (B) To address the factors that make people and 
                communities vulnerable to recruitment by terrorist and 
                violent extremist organizations, including economic 
                vulnerability and mistrust of government and government 
                security forces, through activities such as--
                            (i) supporting strategies that increase 
                        youth employment opportunities;
                            (ii) promoting girls' education and women's 
                        political participation;
                            (iii) strengthening local governance and 
                        civil society capacity;
                            (iv) improving government transparency and 
                        accountability;
                            (v) fighting corruption;
                            (vi) improving access to economic 
                        opportunities; and
                            (vii) other development activities 
                        necessary to support community resilience.
                    (C) To strengthen the rule of law in such 
                countries, including by enhancing the capability of the 
                judicial institutions to independently, transparently, 
                and credibly deter, investigate, and prosecute acts of 
                terrorism and violent extremism.
                    (D) To improve the ability of military and law 
                enforcement entities in partner countries to detect, 
                disrupt, respond to, and prosecute violent extremist 
                and terrorist activity while respecting human rights, 
                and to cooperate with the United States and other 
                partner countries on counterterrorism and counter-
                extremism efforts.
                    (E) To enhance the border security capacity of 
                partner countries, including the ability to monitor, 
                detain, and interdict terrorists.
                    (F) To identify, monitor, disrupt, and counter the 
                human capital and financing pipelines of terrorism.
                    (G) To support the free expression and operations 
                of independent, local-language media, particularly in 
                rural areas, while countering the media operations and 
                recruitment propaganda of terrorist and violent 
                extremist organizations.
            (2) Assistance framework.--Activities carried out under the 
        TSCTP Program shall--
                    (A) be carried out in countries where the Secretary 
                of State, in consultation with the Secretary of Defense 
                and the Administrator of the United States Agency for 
                International Development, determines that there is an 
                adequate level of partner country commitment, and has 
                considered partner country needs, absorptive capacity, 
                sustainment capacity, and efforts of other donors in 
                the sector;
                    (B) have clearly defined outcomes;
                    (C) be closely coordinated among United States 
                diplomatic and development missions, United States 
                Africa Command, and relevant participating departments 
                and agencies;
                    (D) have specific plans with robust indicators to 
                regularly monitor and evaluate outcomes and impact;
                    (E) complement and enhance efforts to promote 
                democratic governance, the rule of law, human rights, 
                and economic growth;
                    (F) in the case of train and equip programs, 
                complement longer-term security sector institution-
                building; and
                    (G) have mechanisms in place to track resources and 
                routinely monitor and evaluate the efficacy of relevant 
                programs.
            (3) Consultation.--In coordinating activities through the 
        TSCTP Program, the Secretary of State shall also consult, as 
        appropriate, with the Director of National Intelligence, the 
        Secretary of the Treasury, the Attorney General, the Chief 
        Executive Officer of the United States Agency for Global Media 
        (formerly known as the Broadcasting Board of Governors), and 
        the heads of other relevant Federal departments and agencies, 
        as determined by the President.
            (4) Congressional notification.--Not later than 15 days 
        before obligating amounts for an activity coordinated through 
        the TSCTP Program pursuant to paragraph (1), the Secretary of 
        State shall submit a notification to the appropriate 
        congressional committees, in accordance with the requirements 
        of section 634A of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2394-1), that includes the following:
                    (A) The foreign country and entity, as applicable, 
                whose capabilities are to be enhanced in accordance 
                with the purposes specified in paragraph (1).
                    (B) The amount, type, and purpose of support to be 
                provided.
                    (C) An assessment of the absorptive capacity of the 
                foreign country to effectively implement the assistance 
                to be provided.
                    (D) The anticipated implementation timeline for the 
                activity.
                    (E) As applicable, a description of the plans to 
                sustain any military or security equipment provided 
                beyond the completion date of such activity, and the 
                estimated cost and source of funds to support such 
                sustainment.
    (b) International Coordination.--Efforts carried out under this 
section shall take into account partner country counterterrorism, 
counter-extremism, and development strategies and, to the extent 
practicable, shall be aligned with such strategies. Such efforts shall 
be coordinated with counterterrorism and counter-extremism activities 
and programs in the areas of defense, diplomacy, and development 
carried out by other like-minded donors and international organizations 
in the relevant country.
    (c) Strategies.-- Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State, in consultation with the 
Secretary of Defense and the Administrator of the United States Agency 
for International Development and other relevant Federal Government 
agencies, shall submit to the appropriate congressional committees the 
following strategies:
            (1) A comprehensive five-year strategy for the sahel-
        maghreb.--A comprehensive five-year strategy for the Sahel-
        Maghreb, including details related to whole-of-government 
        efforts in the areas of defense, diplomacy, and development to 
        advance the national security, economic, and humanitarian 
        interests of the United States, including--
                    (A) efforts to ensure coordination with 
                multilateral and bilateral partners, such as the Joint 
                Force of the Group of Five of the Sahel, and with other 
                relevant assistance frameworks;
                    (B) a public diplomacy strategy and actions to 
                ensure that populations in the Sahel-Maghreb are aware 
                of the development activities of the United States 
                Government, especially in countries with a significant 
                Department of Defense presence or engagement through 
                train and equip programs;
                    (C) activities aimed at supporting democratic 
                institutions and countering violent extremism with 
                measurable goals and transparent benchmarks;
                    (D) plans to help each partner country address 
                humanitarian and development needs and to help prevent, 
                respond to, and mitigate intercommunal violence;
                    (E) a comprehensive plan to support security sector 
                reform in each partner country that includes a detailed 
                section on programs and activities being undertaken by 
                relevant stakeholders and other international actors 
                operating in the sector; and
                    (F) a specific strategy for Mali that includes 
                plans for sustained, high-level diplomatic engagement 
                with stakeholders, including countries in Europe and 
                the Middle East with interests in the Sahel-Maghreb, 
                regional governments, relevant multilateral 
                organizations, signatory groups of the 2015 Agreement 
                for Peace and Reconciliation in Mali, and civil society 
                actors.
            (2) A comprehensive five-year strategy for tsctp program 
        counterterrorism efforts.--A comprehensive five-year strategy 
        for the TSCTP Program that includes--
                    (A) a clear statement of the objectives of United 
                States counterterrorism efforts in North and West 
                Africa with respect to the use of all forms of United 
                States assistance to combat terrorism and counter 
                violent extremism, including efforts to build military 
                and civilian law enforcement capacity, strengthen the 
                rule of law, promote responsive and accountable 
                governance, and address the root causes of terrorism 
                and violent extremism;
                    (B) a plan for coordinating programs through the 
                TSCTP Program pursuant to subsection (a)(1), including 
                an identification of which agency or bureau of the 
                Department of State, as applicable, will be responsible 
                for leading and coordinating each such program;
                    (C) a plan to monitor, evaluate, and share data and 
                learning about the TSCTP Program in accordance with 
                monitoring and evaluation provisions of sections 3 and 
                4 of the Foreign Aid Transparency and Accountability 
                Act of 2016 (Public Law 114-191); and
                    (D) a plan for ensuring coordination and compliance 
                with related requirements in United States law, 
                including the Global Fragility Act of 2019 (title V of 
                division J of Public Law 116-94).
    (d) Supporting Material in Annual Budget Request.--The Secretary of 
State shall include in the budget materials submitted to Congress in 
support of the President's annual budget request (submitted to Congress 
pursuant to section 1105 of title 31, United States Code) for each 
fiscal year beginning after the date of the enactment of this Act and 
annually thereafter for five years, a description of the requirements, 
activities, and planned allocation of amounts requested by the TSCTP 
Program.
    (e) Monitoring and Evaluation of Programs and Activities.--Not 
later than one year after the date of the enactment of this Act, and 
annually thereafter for five years, the Secretary of State, in 
consultation with the Secretary of Defense and the Administrator of the 
United States Agency for International Development, shall submit to the 
appropriate congressional committees a report that describes--
            (1) the progress made in meeting the objectives of the 
        strategies required under paragraphs (1) and (2) of subsection 
        (c), including any lessons learned in carrying out TSCTP 
        Program activities and any recommendations for improving such 
        programs and activities;
            (2) the efforts taken to coordinate, de-conflict, and 
        streamline TSCTP Program activities to maximize resource 
        effectiveness;
            (3) the extent to which each partner country has 
        demonstrated the ability to absorb the equipment or training 
        provided in the previous year under the TSCTP Program, and 
        where applicable, the ability to maintain and appropriately 
        utilize such equipment;
            (4) the extent to which each partner country is investing 
        its own resources to advance the goals described in subsection 
        (a)(1) or is demonstrating a commitment and willingness to 
        cooperate with the United States to advance such goals;
            (5) the actions taken by the government of each partner 
        country receiving assistance under the TSCTP Program to combat 
        corruption, improve transparency and accountability, and 
        promote other forms of democratic governance;
            (6) the assistance provided in each of the three preceding 
        fiscal years under this program, broken down by partner 
        country, to include the type, statutory authorization, and 
        purpose of all United States security assistance provided to 
        the country pursuant to authorities under title 10, United 
        States Code, the Foreign Assistance Act of 1961 (22 U.S.C. 2151 
        et seq.), or any other ``train and equip'' authorities of the 
        Department of Defense; and
            (7) any changes or updates to the Comprehensive Five-Year 
        Strategy for the TSCTP Program required under paragraph (2) of 
        subsection (c) necessitated by the findings in this annual 
        report.
    (f) Form.--The strategies required under paragraphs (1) and (2) of 
subsection (c) and the report required by subsection (e) shall be 
submitted in unclassified form but may include a classified annex.
    (g) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations, the Committee on 
        Armed Services, the Committee on Appropriations, and the Select 
        Committee on Intelligence of the Senate; and
            (2) the Committee on Foreign Affairs, the Committee on 
        Armed Services, the Committee on Appropriations, and the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives.
                                                       Calendar No. 475

116th CONGRESS

  2d Session

                               H. R. 192

_______________________________________________________________________

                                 AN ACT

 To establish an interagency program to assist countries in North and 
West Africa to improve immediate and long-term capabilities to counter 
               terrorist threats, and for other purposes.

_______________________________________________________________________

                              June 3, 2020

                       Reported with an amendment