[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
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(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--
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(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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