Trans-Sahara Counterterrorism Partnership Program Act of 2021

IIB 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 02:21 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H567.RFS H567 pbinns on DSKJLVW7X2PROD with BILLS 2 HR 567 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Trans-Sahara Counter- 2 terrorism Partnership Program Act of 2021’’. 3 SEC. 2. SENSE OF CONGRESS. 4 It is the sense of Congress that— 5 (1) terrorist and violent extremist organiza- 6 tions, such as Al Qaeda in the Islamic Maghreb, 7 Boko Haram, the Islamic State of West Africa, and 8 other affiliated groups, have killed tens of thousands 9 of innocent civilians, displaced populations, desta- 10 bilized local and national governments, and caused 11 mass human suffering in the affected communities; 12 (2) poor governance, political and economic 13 marginalization, and lack of accountability for 14 human rights abuses by security forces are drivers 15 of extremism; 16 (3) it is in the national security interest of the 17 United States to combat the spread of terrorism and 18 violent extremism and build the capacity of partner 19 countries to combat these threats in Africa; 20 (4) terrorist and violent extremist organizations 21 exploit vulnerable and marginalized communities 22 suffering from poverty, lack of economic opportunity 23 (particularly among youth populations), corruption, 24 and weak governance; and 25 VerDate Sep 11 2014 02:21 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H567.RFS H567 pbinns on DSKJLVW7X2PROD with BILLS 3 HR 567 RFS (5) a comprehensive, coordinated interagency 1 approach is needed to develop an effective strategy 2 to address the security challenges in the Sahel- 3 Maghreb, appropriately allocate resources, de-con- 4 flict programs, and maximize the effectiveness of 5 United States defense, diplomatic, and development 6 capabilities. 7 SEC. 3. STATEMENT OF POLICY. 8 It is the policy of the United States to assist coun- 9 tries in North and West Africa, and other allies and part- 10 ners active in those regions, in combating terrorism and 11 violent extremism through a coordinated interagency ap- 12 proach with a consistent strategy that appropriately bal- 13 ances security activities with diplomatic and development 14 efforts to address the political, socioeconomic, governance, 15 and development challenges in North and West Africa that 16 contribute to terrorism and violent extremism. 17 SEC. 4. TRANS-SAHARA COUNTERTERRORISM PARTNER- 18 SHIP PROGRAM. 19 (a) TRANS-SAHARA COUNTERTERRORISM PARTNER- 20 SHIP PROGRAM.— 21 (1) ESTABLISHMENT.—The Secretary of State, 22 in consultation with the Secretary of Defense and 23 the Administrator of the United States Agency for 24 International Development, shall establish a partner- 25 VerDate Sep 11 2014 02:21 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H567.RFS H567 pbinns on DSKJLVW7X2PROD with BILLS 4 HR 567 RFS ship program, to be known as the ‘‘Trans-Sahara 1 Counterterrorism Partnership (TSCTP) Program’’ 2 to coordinate all programs, projects, and activities of 3 the United States Government in countries in North 4 and West Africa that are conducted for any of the 5 following purposes: 6 (A) To improve governance and the capac- 7 ities of countries in North and West Africa to 8 deliver basic services, particularly with at-risk 9 communities, as a means of countering ter- 10 rorism and violent extremism by enhancing 11 state legitimacy and authority and countering 12 corruption. 13 (B) To address the factors that make peo- 14 ple and communities vulnerable to recruitment 15 by terrorist and violent extremist organizations, 16 including economic vulnerability and mistrust of 17 government and government security forces, 18 through activities such as— 19 (i) supporting strategies that increase 20 youth employment opportunities; 21 (ii) promoting girls’ education and 22 women’s political participation; 23 (iii) strengthening local governance 24 and civil society capacity; 25 VerDate Sep 11 2014 02:21 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H567.RFS H567 pbinns on DSKJLVW7X2PROD with BILLS 5 HR 567 RFS (iv) improving government trans- 1 parency and accountability; 2 (v) fighting corruption; 3 (vi) improving access to economic op- 4 portunities; and 5 (vii) other development activities nec- 6 essary to support community resilience. 7 (C) To strengthen the rule of law in such 8 countries, including by enhancing the capability 9 of the judicial institutions to independently, 10 transparently, and credibly deter, investigate, 11 and prosecute acts of terrorism and violent ex- 12 tremism. 13 (D) To improve the ability of military and 14 law enforcement entities in partner countries to 15 detect, disrupt, respond to, and prosecute vio- 16 lent extremist and terrorist activity while re- 17 specting human rights, and to cooperate with 18 the United States and other partner countries 19 on counterterrorism and counter-extremism ef- 20 forts. 21 (E) To enhance the border security capac- 22 ity of partner countries, including the ability to 23 monitor, detain, and interdict terrorists. 24 VerDate Sep 11 2014 02:21 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H567.RFS H567 pbinns on DSKJLVW7X2PROD with BILLS 6 HR 567 RFS (F) To identify, monitor, disrupt, and 1 counter the human capital and financing pipe- 2 lines of terrorism. 3 (G) To support the free expression and op- 4 erations of independent, local-language media, 5 particularly in rural areas, while countering the 6 media operations and recruitment propaganda 7 of terrorist and violent extremist organizations. 8 (2) ASSISTANCE FRAMEWORK.—Activities car- 9 ried out under the TSCTP Program shall— 10 (A) be carried out in countries where the 11 Secretary of State, in consultation with the Sec- 12 retary of Defense and the Administrator of the 13 United States Agency for International Devel- 14 opment, determines that there is an adequate 15 level of partner country commitment, and has 16 considered partner country needs, absorptive 17 capacity, sustainment capacity, and efforts of 18 other donors in the sector; 19 (B) have clearly defined outcomes; 20 (C) be closely coordinated among United 21 States diplomatic and development missions, 22 United States Africa Command, and relevant 23 participating departments and agencies; 24 VerDate Sep 11 2014 02:21 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H567.RFS H567 pbinns on DSKJLVW7X2PROD with BILLS 7 HR 567 RFS (D) have specific plans with robust indica- 1 tors to regularly monitor and evaluate outcomes 2 and impact; 3 (E) complement and enhance efforts to 4 promote democratic governance, the rule of law, 5 human rights, and economic growth; 6 (F) in the case of train and equip pro- 7 grams, complement longer-term security sector 8 institution-building; and 9 (G) have mechanisms in place to track re- 10 sources and routinely monitor and evaluate the 11 efficacy of relevant programs. 12 (3) CONSULTATION.—In coordinating activities 13 through the TSCTP Program, the Secretary of 14 State shall also establish a coordination mechanism 15 that ensures periodic consultation with, as appro- 16 priate, the Director of National Intelligence, the Sec- 17 retary of the Treasury, the Attorney General, the 18 Chief Executive Officer of the United States Agency 19 for Global Media (formerly known as the Broad- 20 casting Board of Governors), and the heads of other 21 relevant Federal departments and agencies, as deter- 22 mined by the President. 23 (4) CONGRESSIONAL NOTIFICATION.—Not later 24 than 15 days before obligating amounts for an activ- 25 VerDate Sep 11 2014 02:21 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H567.RFS H567 pbinns on DSKJLVW7X2PROD with BILLS 8 HR 567 RFS ity of the TSCTP Program pursuant to paragraph 1 (1), the Secretary of State shall submit a notifica- 2 tion to the appropriate congressional committees, in 3 accordance with the requirements of section 634A of 4 the Foreign Assistance Act of 1961 (22 U.S.C. 5 2394–1), that includes the following: 6 (A) The foreign country and entity, as ap- 7 plicable, whose capabilities are to be enhanced 8 in accordance with the purposes specified in 9 paragraph (1). 10 (B) The amount, type, and purpose of sup- 11 port to be provided. 12 (C) An assessment of the capacity of the 13 foreign country to effectively implement, benefit 14 from, or utilize the assistance to be provided for 15 the intended purpose. 16 (D) The anticipated implementation 17 timeline for the activity. 18 (E) As applicable, a description of the 19 plans to sustain any military or security equip- 20 ment provided beyond the completion date of 21 such activity, and the estimated cost and source 22 of funds to support such sustainment. 23 (b) INTERNATIONAL COORDINATION.—Efforts car- 24 ried out under this section shall take into account partner 25 VerDate Sep 11 2014 02:21 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H567.RFS H567 pbinns on DSKJLVW7X2PROD with BILLS 9 HR 567 RFS country counterterrorism, counter-extremism, and devel- 1 opment strategies and, to the extent practicable, shall be 2 aligned with such strategies. Such efforts shall be coordi- 3 nated with counterterrorism and counter-extremism activi- 4 ties and programs in the areas of defense, diplomacy, and 5 development carried out by other like-minded donors and 6 international organizations in the relevant country. 7 (c) STRATEGIES.—Not later than 270 days after the 8 date of the enactment of this Act, the Secretary of State, 9 in consultation with the Secretary of Defense and the Ad- 10 ministrator of the United States Agency for International 11 Development and other relevant Federal Government 12 agencies, shall submit to the appropriate congressional 13 committees the following strategies: 14 (1) A COMPREHENSIVE FIVE-YEAR STRATEGY 15 FOR THE SAHEL-MAGHREB.—A comprehensive five- 16 year strategy for the Sahel-Maghreb, including de- 17 tails related to whole-of-government efforts in the 18 areas of defense, diplomacy, and development to ad- 19 vance the national security, economic, and humani- 20 tarian interests of the United States, including— 21 (A) efforts to ensure coordination with 22 multilateral and bilateral partners, such as the 23 Joint Force of the Group of Five of the Sahel, 24 and with other relevant assistance frameworks; 25 VerDate Sep 11 2014 02:21 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H567.RFS H567 pbinns on DSKJLVW7X2PROD with BILLS 10 HR 567 RFS (B) a public diplomacy strategy and ac- 1 tions to ensure that populations in the Sahel- 2 Maghreb are aware of the development activi- 3 ties of the United States Government, especially 4 in countries with a significant Department of 5 Defense presence or engagement through train 6 and equip programs; 7 (C) activities aimed at supporting demo- 8 cratic institutions and countering violent extre- 9 mism with measurable goals and transparent 10 benchmarks; 11 (D) plans to help each partner country ad- 12 dress humanitarian and development needs and 13 to help prevent, respond to, and mitigate inter- 14 communal violence; 15 (E) a comprehensive plan to support secu- 16 rity sector reform in each partner country that 17 includes a detailed section on programs and ac- 18 tivities being undertaken by relevant stake- 19 holders and other international actors operating 20 in the sector and that incorporates as appro- 21 priate any lessons learned from previous initia- 22 tives to improve security sector governance; and 23 (F) a specific strategy for Mali that in- 24 cludes plans for sustained, high-level diplomatic 25 VerDate Sep 11 2014 02:21 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H567.RFS H567 pbinns on DSKJLVW7X2PROD with BILLS 11 HR 567 RFS engagement with stakeholders, including coun- 1 tries in Europe and the Middle East with inter- 2 ests in the Sahel-Maghreb, regional govern- 3 ments, relevant multilateral organizations, sig- 4 natory groups of the 2015 Agreement for Peace 5 and Reconciliation in Mali, and civil society ac- 6 tors. 7 (2) A COMPREHENSIVE FIVE-YEAR STRATEGY 8 FOR TSCTP PROGRAM COUNTERTERRORISM EF- 9 FORTS.—A comprehensive five-year strategy for the 10 TSCTP Program that includes— 11 (A) a clear statement of the objectives of 12 United States counterterrorism efforts in North 13 and West Africa with respect to the use of all 14 forms of United States assistance to combat 15 terrorism and counter violent extremism, in- 16 cluding efforts to build military and civilian law 17 enforcement capacity, strengthen the rule of 18 law, promote responsive and accountable gov- 19 ernance, and address the root causes of ter- 20 rorism and violent extremism; 21 (B) a plan for coordinating programs 22 through the TSCTP Program pursuant to sub- 23 section (a)(1), including an identification of 24 which agency or bureau of the Department of 25 VerDate Sep 11 2014 02:21 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H567.RFS H567 pbinns on DSKJLVW7X2PROD with BILLS 12 HR 567 RFS State, as applicable, will be responsible for lead- 1 ing, coordinating, and conducting monitoring 2 and evaluation for each such program, and the 3 process for enabling the leading agency or bu- 4 reau to establish standards, compel partners to 5 adhere to those standards, and report results; 6 (C) a plan to monitor, evaluate, and share 7 data and learning about the TSCTP Program 8 that includes quantifiable baselines, targets, 9 and results in accordance with monitoring and 10 evaluation provisions of sections 3 and 4 of the 11 Foreign Aid Transparency and Accountability 12 Act of 2016 (Public Law 114–191); and 13 (D) a plan for ensuring coordination and 14 compliance with related requirements in United 15 States law, including the Global Fragility Act of 16 2019 (title V of division J of the Further Con- 17 solidated Appropriations Act, 2020 (Public Law 18 116–94)). 19 (3) CONSULTATION.—Not later than 90 days 20 after the date of the enactment of this Act, the De- 21 partment of State shall consult with appropriate 22 congressional committees on progress mad [Text truncated for display. 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