[Congressional Record Volume 167, Number 192 (Tuesday, November 2, 2021)]
[Senate]
[Pages S7615-S7617]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4149. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title X, add the following:

     SEC. 1036. TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP PROGRAM.

       (a) Short Title.--This section may be cited as the ``Trans-
     Sahara Counterterrorism Partnership Program Act of 2021''.
       (b) 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--
       (A) to combat the spread of terrorism and violent 
     extremism; and

[[Page S7616]]

       (B) to build the capacity of partner countries to combat 
     such 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--
       (A) to address the security challenges in the Sahel-
     Maghreb;
       (B) to appropriately allocate resources and de-conflict 
     programs; and
       (C) to maximize the effectiveness of United States defense, 
     diplomatic, and development capabilities.
       (c) Statement of Policy.--It is the policy of the United 
     States to assist countries in North Africa and West Africa, 
     and other allies and partners that are 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 Africa and West Africa that contribute to terrorism and 
     violent extremism.
       (d) Trans-Sahara Counterterrorism Partnership Program.--
       (1) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Armed Services of the Senate;
       (C) the Committee on Appropriations of the Senate;
       (D) the Select Committee on Intelligence of the Senate;
       (E) the Committee on Foreign Affairs of the House of 
     Representatives;
       (F) the Committee on Armed Services of the House of 
     Representatives;
       (G) the Committee on Appropriations of the House of 
     Representatives; and
       (H) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (2) In general.--
       (A) 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, which shall be known as the 
     ``Trans-Sahara Counterterrorism Partnership Program'' 
     (referred to in this subsection as the ``Program''), to 
     coordinate all programs, projects, and activities of the 
     United States Government in countries in North Africa and 
     West Africa that are conducted--
       (i) to improve governance and the capacities of countries 
     in North Africa and West Africa to deliver basic services, 
     particularly to at-risk communities, as a means of countering 
     terrorism and violent extremism by enhancing state legitimacy 
     and authority and countering corruption;
       (ii) 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;

       (iii) 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;
       (iv) to improve the ability of military and law enforcement 
     entities in partner countries--

       (I) to detect, disrupt, respond to, and prosecute violent 
     extremist and terrorist activity, while respecting human 
     rights; and
       (II) to cooperate with the United States and other partner 
     countries on counterterrorism and counter-extremism efforts;

       (v) to enhance the border security capacity of partner 
     countries, including the ability to monitor, detain, and 
     interdict terrorists;
       (vi) to identify, monitor, disrupt, and counter the human 
     capital and financing pipelines of terrorism; or
       (vii) 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.
       (B) Assistance framework.--Program activities shall--
       (i) be carried out in countries in which the Secretary of 
     State, in consultation with the Secretary of Defense and the 
     Administrator of the United States Agency for International 
     Development--

       (I) determines that there is an adequate level of partner 
     country commitment; and
       (II) has considered partner country needs, absorptive 
     capacity, sustainment capacity, and efforts of other donors 
     in the sector;

       (ii) have clearly defined outcomes;
       (iii) be closely coordinated among United States diplomatic 
     and development missions, United States Africa Command, and 
     relevant participating departments and agencies;
       (iv) have specific plans with robust indicators to 
     regularly monitor and evaluate outcomes and impact;
       (v) complement and enhance efforts to promote democratic 
     governance, the rule of law, human rights, and economic 
     growth;
       (vi) in the case of train and equip programs, complement 
     longer-term security sector institution-building; and
       (vii) have mechanisms in place to track resources and 
     routinely monitor and evaluate the efficacy of relevant 
     programs.
       (C) Consultation.--In coordinating activities through the 
     Program, the Secretary of State shall consult, as 
     appropriate, with the heads of relevant Federal departments 
     and agencies, as determined by the President.
       (D) Congressional notification.--Not later than 15 days 
     before obligating amounts for an activity coordinated through 
     the Program under subparagraph (A), the Secretary of State 
     shall notify the appropriate congressional committees, in 
     accordance with section 634A of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2394-1), of--
       (i) the foreign country and entity, as applicable, whose 
     capabilities are to be enhanced in accordance with the 
     purposes described in subparagraph (A);
       (ii) the amount, type, and purpose of support to be 
     provided;
       (iii) the absorptive capacity of the foreign country to 
     effectively implement the assistance to be provided;
       (iv) the extent to which state security forces of the 
     foreign country have been implicated in gross violations of 
     human rights and the risk that obligated funds may be used to 
     perpetrate further abuses;
       (v) the anticipated implementation timeline for the 
     activity; and
       (vi) the plans to sustain any military or security 
     equipment provided beyond the completion date of such 
     activity, if applicable, and the estimated cost and source of 
     funds to support such sustainment.
       (3) International coordination.--Efforts carried out under 
     this subsection--
       (A) shall take into account partner country 
     counterterrorism, counter-extremism, and development 
     strategies;
       (B) shall be aligned with such strategies, to the extent 
     practicable; and
       (C) 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.
       (4) Strategies.--
       (A) In general.--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 the strategies described in subparagraphs (B) 
     and (C) to the appropriate congressional committees.
       (B) Comprehensive, 5-year strategy for the sahel-maghreb.--
     The Secretary of State shall develop a comprehensive, 5-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--
       (i) 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;
       (ii) 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;
       (iii) activities aimed at supporting democratic 
     institutions and countering violent extremism with measurable 
     goals and transparent benchmarks;
       (iv) plans to help each partner country address 
     humanitarian and development needs and to help prevent, 
     respond to, and mitigate intercommunal violence;
       (v) 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
       (vi) 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 Agreement for Peace and Reconciliation in Mali, 
     done in Algiers July 24, 2014, and civil society actors.
       (C) A comprehensive 5-year strategy for program 
     counterterrorism efforts.--The Secretary of State shall 
     develop a comprehensive 5-year strategy for the Program that 
     includes--
       (i) a clear statement of the objectives of United States 
     counterterrorism efforts in North Africa and West Africa with 
     respect to the use of all forms of United States assistance 
     to combat terrorism and counter violent extremism, including 
     efforts--

[[Page S7617]]

       (I) to build military and civilian law enforcement 
     capacity;
       (II) to strengthen the rule of law;
       (III) to promote responsive and accountable governance; and
       (IV) to address the root causes of terrorism and violent 
     extremism;

       (ii) a plan for coordinating programs through the Program 
     pursuant to paragraph (2)(A), including identifying the 
     agency or bureau of the Department of State, as applicable, 
     that will be responsible for leading and coordinating each 
     such program;
       (iii) a plan to monitor, evaluate, and share data and 
     learning about the Program in accordance with monitoring and 
     evaluation provisions under sections 3 and 4 of the Foreign 
     Aid Transparency and Accountability Act of 2016 (22 U.S.C. 
     2394c note and 2394c); and
       (iv) a plan for ensuring coordination and compliance with 
     related requirements in United States law, including the 
     Global Fragility Act of 2019 (22 U.S.C. 9801 et seq.).
       (D) Consultation.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     consult with the appropriate congressional committees 
     regarding the progress made towards developing the strategies 
     required under subparagraphs (B) and (C).
       (5) Supporting material in annual budget request.--
       (A) In general.--The Secretary of State shall include a 
     description of the requirements, activities, and planned 
     allocation of amounts requested by the Program in the budget 
     materials submitted to Congress in support of the President's 
     annual budget request 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 
     the following 5 years.
       (B) Exception.--The requirement under subparagraph (A) 
     shall not apply to activities of the Department of Defense 
     conducted pursuant to authorities under title 10, United 
     States Code.
       (6) Monitoring and evaluation of programs and activities.--
     Not later than 1 year after the date of the enactment of this 
     Act, and annually thereafter for the following 5 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 a report to the 
     appropriate congressional committees that describes--
       (A) the progress made in meeting the objectives of the 
     strategies required under subparagraphs (B) and (C) of 
     paragraph (4), including any lessons learned in carrying out 
     Program activities and any recommendations for improving such 
     programs and activities;
       (B) the efforts taken to coordinate, de-conflict, and 
     streamline Program activities to maximize resource 
     effectiveness;
       (C) the extent to which each partner country has 
     demonstrated the ability to absorb the equipment or training 
     provided in the previous year under the Program, and as 
     applicable, the ability to maintain and appropriately utilize 
     such equipment;
       (D) the extent to which each partner country is investing 
     its own resources to advance the goals described in paragraph 
     (2)(A) or is demonstrating a commitment and willingness to 
     cooperate with the United States to advance such goals;
       (E) the actions taken by the government of each partner 
     country receiving assistance under the Program to combat 
     corruption, improve transparency and accountability, and 
     promote other forms of democratic governance;
       (F) the extent to which state security forces in each 
     partner country have been implicated in gross violations of 
     human rights during the reporting period, including how such 
     gross violations of human rights have been addressed and or 
     will be addressed through Program activities;
       (G) the assistance provided in each of the 3 preceding 
     fiscal years under the Program, broken down by partner 
     country, including 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
       (H) any changes or updates to the Comprehensive 5-Year 
     Strategy for the Program required under paragraph (4)(C) 
     necessitated by the findings in this annual report.
       (7) 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 the earlier of the date on 
     which 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 the date that is 3 years after the date of the 
     enactment of this Act, the Secretary of State shall submit a 
     report to the appropriate congressional committees that 
     identifies--
       (A) which of the 13 recommendations in AUD-MERO-20-42 have 
     not been closed;
       (B) a description of progress made since the last report 
     toward closing each recommendation identified under 
     subparagraph (A);
       (C) additional resources needed, including assessment of 
     staffing capacity, if any, to complete action required to 
     close each recommendation identified under subparagraph (A); 
     and
       (D) the anticipated timeline for completion of action 
     required to close each recommendation identified under 
     subparagraph (A), including application of all 
     recommendations into all existing security assistance 
     programs managed by the Department of State under the 
     Program.
       (8) Program administration.--Not later than 120 days after 
     the date of the enactment of this Act, the Secretary of State 
     shall submit a report to Congress that describes plans for 
     conducting a written review of a representative sample of 
     each of the security assistance programs administered by the 
     Bureau of African Affairs that--
       (A) identifies potential waste, fraud, abuse, 
     inefficiencies, or deficiencies; and
       (B) includes an analysis of staff capacity, including human 
     resource needs, available resources, procedural guidance, and 
     monitoring and evaluation processes to ensure that the Bureau 
     of African Affairs is managing programs efficiently and 
     effectively.
       (9) Form.--The strategies required under subparagraphs (B) 
     and (C) of paragraph (4) and the report required under 
     paragraph (6) shall be submitted in unclassified form, but 
     may include a classified annex.
       (e) Rule of Construction.--Nothing in this section may be 
     construed as authorizing the use of military force.
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