[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