[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 567 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  1st Session
                                H. R. 567


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 12, 2021

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

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trans-Sahara Counterterrorism 
Partnership Program Act of 2021''.

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 establish a 
        coordination mechanism that ensures periodic consultation with, 
        as appropriate, 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 of 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 capacity of the foreign 
                country to effectively implement, benefit from, or 
                utilize the assistance to be provided for the intended 
                purpose.
                    (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 270 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 that incorporates as 
                appropriate any lessons learned from previous 
                initiatives to improve security sector governance; 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, coordinating, and conducting monitoring 
                and evaluation for each such program, and the process 
                for enabling the leading agency or bureau to establish 
                standards, compel partners to adhere to those 
                standards, and report results;
                    (C) a plan to monitor, evaluate, and share data and 
                learning about the TSCTP Program that includes 
                quantifiable baselines, targets, and results 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 the Further Consolidated Appropriations 
                Act, 2020 (Public Law 116-94)).
            (3) Consultation.--Not later than 90 days after the date of 
        the enactment of this Act, the Department of State shall 
        consult with appropriate congressional committees on progress 
        made towards developing the strategies required in paragraphs 
        (1) and (2).
    (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. This requirement does not apply to activities of the 
Department of Defense conducted pursuant to authorities under title 10, 
United States Code.
    (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) Reporting Requirement Related to Audit of Bureau of African 
Affairs Monitoring and Coordination of the Trans-Sahara 
Counterterrorism Partnership Program.--Not later than 90 days after the 
date of the enactment of this Act, and every 120 days thereafter until 
all 13 recommendations in the September 2020 Department of State Office 
of Inspector General audit entitled ``Audit of the Department of State 
Bureau of African Affairs Monitoring and Coordination of the Trans-
Sahara Counterterrorism Partnership Program'' (AUD-MERO-20-42) are 
closed or until the date that is three years after the date of the 
enactment of this Act, whichever is earlier, the Secretary of State 
shall submit to the appropriate congressional committees a report that 
identifies--
            (1) which of the 13 recommendations in AUD-MERO-20-42 have 
        not been closed;
            (2) a description of progress made since the last report 
        toward closing each recommendation identified under paragraph 
        (1);
            (3) additional resources needed, including assessment of 
        staffing capacity, if any, to complete action required to close 
        each recommendation identified under paragraph (1); and
            (4) the anticipated timeline for completion of action 
        required to close each recommendation identified under 
        paragraph (1), including application of all recommendations 
        into all existing security assistance programs managed by the 
        Department of State under the TSCTP Program.
    (g) Program Administration.--Not later than 120 days after the date 
of the enactment of this Act, the Secretary of State shall report to 
Congress plans for conducting a written review of a representative 
sample of each of the security assistance programs administered by the 
Bureau of African Affairs to identify potential waste, fraud, abuse, 
inefficiencies, or deficiencies. The review shall include an analysis 
of staff capacity, including human resource needs, available resources, 
procedural guidance, and monitoring and evaluation processes to ensure 
the Bureau of African Affairs is managing programs efficiently and 
effectively.
    (h) Form.--The strategies required under paragraphs (1) and (2) of 
subsection (c) and the reports required under subsections (e), (f), and 
(g) shall be submitted in unclassified form but may include a 
classified annex.
    (i) 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.

            Passed the House of Representatives June 29, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.