Trans-Sahara Counterterrorism Partnership Program Act of 2021

II 117TH CONGRESS 1ST SESSION S. 615 To establish an interagency program to assist countries in North Africa and West Africa to improve immediate and long-term capabilities to counter terrorist threats, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 5, 2021 Mr. MENENDEZ (for himself and Mr. RISCH) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish an interagency program to assist countries in North Africa 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Trans-Sahara Counter- 4 terrorism Partnership Program Act of 2021’’. 5 SEC. 2. SENSE OF CONGRESS. 6 It is the sense of Congress that— 7 VerDate Sep 11 2014 02:09 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S615.IS S615 kjohnson on DSK79L0C42PROD with BILLS 2 •S 615 IS (1) terrorist and violent extremist organiza- 1 tions, such as Al Qaeda in the Islamic Maghreb, 2 Boko Haram, the Islamic State of West Africa, and 3 other affiliated groups, have killed tens of thousands 4 of innocent civilians, displaced populations, desta- 5 bilized local and national governments, and caused 6 mass human suffering in the affected communities; 7 (2) poor governance, political and economic 8 marginalization, and lack of accountability for 9 human rights abuses by security forces are drivers 10 of extremism; 11 (3) it is in the national security interest of the 12 United States— 13 (A) to combat the spread of terrorism and 14 violent extremism; and 15 (B) to build the capacity of partner coun- 16 tries to combat such threats in Africa; 17 (4) terrorist and violent extremist organizations 18 exploit vulnerable and marginalized communities 19 suffering from poverty, lack of economic opportunity 20 (particularly among youth populations), corruption, 21 and weak governance; and 22 (5) a comprehensive, coordinated interagency 23 approach is needed to develop an effective strategy— 24 VerDate Sep 11 2014 02:09 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S615.IS S615 kjohnson on DSK79L0C42PROD with BILLS 3 •S 615 IS (A) to address the security challenges in 1 the Sahel-Maghreb; 2 (B) to appropriately allocate resources and 3 de-conflict programs; and 4 (C) to maximize the effectiveness of United 5 States defense, diplomatic, and development ca- 6 pabilities. 7 SEC. 3. STATEMENT OF POLICY. 8 It is the policy of the United States to assist coun- 9 tries in North Africa and West Africa, and other allies 10 and partners that are active in those regions, in combating 11 terrorism and violent extremism through a coordinated 12 interagency approach with a consistent strategy that ap- 13 propriately balances security activities with diplomatic and 14 development efforts to address the political, socioeconomic, 15 governance, and development challenges in North Africa 16 and West Africa that contribute to terrorism and violent 17 extremism. 18 SEC. 4. TRANS-SAHARA COUNTERTERRORISM PARTNER- 19 SHIP PROGRAM. 20 (a) IN GENERAL.— 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 02:09 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S615.IS S615 kjohnson on DSK79L0C42PROD with BILLS 4 •S 615 IS ship program, which shall be known as the ‘‘Trans- 1 Sahara Counterterrorism Partnership Program’’ (re- 2 ferred to in this section as the ‘‘Program’’), to co- 3 ordinate all programs, projects, and activities of the 4 United States Government in countries in North Af- 5 rica and West Africa that are conducted— 6 (A) to improve governance and the capac- 7 ities of countries in North Africa and West Af- 8 rica to deliver basic services, particularly to at- 9 risk 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 02:09 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S615.IS S615 kjohnson on DSK79L0C42PROD with BILLS 5 •S 615 IS (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— 15 (i) to detect, disrupt, respond to, and 16 prosecute violent extremist and terrorist 17 activity, while respecting human rights; 18 and 19 (ii) to cooperate with the United 20 States and other partner countries on 21 counterterrorism and counter-extremism 22 efforts; 23 VerDate Sep 11 2014 02:09 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S615.IS S615 kjohnson on DSK79L0C42PROD with BILLS 6 •S 615 IS (E) to enhance the border security capacity 1 of partner countries, including the ability to 2 monitor, detain, and interdict terrorists; 3 (F) to identify, monitor, disrupt, and 4 counter the human capital and financing pipe- 5 lines of terrorism; or 6 (G) to support the free expression and op- 7 erations of independent, local-language media, 8 particularly in rural areas, while countering the 9 media operations and recruitment propaganda 10 of terrorist and violent extremist organizations. 11 (2) ASSISTANCE FRAMEWORK.—Program activi- 12 ties shall— 13 (A) be carried out in countries in which 14 the Secretary of State, in consultation with the 15 Secretary of Defense and the Administrator of 16 the United States Agency for International De- 17 velopment— 18 (i) determines that there is an ade- 19 quate level of partner country commitment; 20 and 21 (ii) has considered partner country 22 needs, absorptive capacity, sustainment ca- 23 pacity, and efforts of other donors in the 24 sector; 25 VerDate Sep 11 2014 02:09 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S615.IS S615 kjohnson on DSK79L0C42PROD with BILLS 7 •S 615 IS (B) have clearly defined outcomes; 1 (C) be closely coordinated among United 2 States diplomatic and development missions, 3 United States Africa Command, and relevant 4 participating departments and agencies; 5 (D) have specific plans with robust indica- 6 tors to regularly monitor and evaluate outcomes 7 and impact; 8 (E) complement and enhance efforts to 9 promote democratic governance, the rule of law, 10 human rights, and economic growth; 11 (F) in the case of train and equip pro- 12 grams, complement longer-term security sector 13 institution-building; and 14 (G) have mechanisms in place to track re- 15 sources and routinely monitor and evaluate the 16 efficacy of relevant programs. 17 (3) CONSULTATION.—In coordinating activities 18 through the Program, the Secretary of State shall 19 consult, as appropriate, with the Director of Na- 20 tional Intelligence, the Secretary of the Treasury, 21 the Attorney General, the Chief Executive Officer of 22 the United States Agency for Global Media (for- 23 merly known as the Broadcasting Board of Gov- 24 ernors), and the heads of other relevant Federal de- 25 VerDate Sep 11 2014 02:09 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S615.IS S615 kjohnson on DSK79L0C42PROD with BILLS 8 •S 615 IS partments and agencies, as determined by the Presi- 1 dent. 2 (4) CONGRESSIONAL NOTIFICATION.—Not later 3 than 15 days before obligating amounts for an activ- 4 ity coordinated through the Program under para- 5 graph (1), the Secretary of State shall notify the ap- 6 propriate congressional committees, in accordance 7 with section 634A of the Foreign Assistance Act of 8 1961 (22 U.S.C. 2394–1), of— 9 (A) the foreign country and entity, as ap- 10 plicable, whose capabilities are to be enhanced 11 in accordance with the purposes described in 12 paragraph (1); 13 (B) the amount, type, and purpose of sup- 14 port to be provided; 15 (C) the absorptive capacity of the foreign 16 country to effectively implement the assistance 17 to be provided; 18 (D) the anticipated implementation 19 timeline for the activity; and 20 (E) the plans to sustain any military or se- 21 curity equipment provided beyond the comple- 22 tion date of such activity, if applicable, and the 23 estimated cost and source of funds to support 24 such sustainment. 25 VerDate Sep 11 2014 02:09 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S615.IS S615 kjohnson on DSK79L0C42PROD with BILLS 9 •S 615 IS (b) INTERNATIONAL COORDINATION.—Efforts car- 1 ried out under this section— 2 (1) shall take into account partner country 3 counterterrorism, counter-extremism, and develop- 4 ment strategies; 5 (2) shall be aligned with such strategies, to the 6 extent practicable; and 7 (3) shall be coordinated with counterterrorism 8 and counter-extremism activities and programs in 9 the areas of defense, diplomacy, and development 10 carried out by other like-minded donors and inter- 11 national organizations in the relevant country. 12 (c) STRATEGIES.— 13 (1) IN GENERAL.—Not later than 180 days 14 after the date of the enactment of this Act, the Sec- 15 retary of State, in consultation with the Secretary of 16 Defense and the Administrator of the United States 17 Agency for International Development and other rel- 18 evant Federal Government agencies, shall submit the 19 strategies described in paragraphs (2) and (3) to the 20 appropriate congressional committees. 21 (2) COMPREHENSIVE, 5-YEAR STRATEGY FOR 22 THE SAHEL-MAGHREB.—The Secretary of State 23 shall develop a comprehensive, 5-year strategy for 24 the Sahel-Maghreb, including details related to 25 VerDate Sep 11 2014 02:09 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S615.IS S615 kjohnson on DSK79L0C42PROD with BILLS 10 •S 615 IS whole-of-government efforts in the areas of defense, 1 diplomacy, and development to advance the national 2 security, economic, and humanitarian interests of 3 the United States, including— 4 (A) efforts to ensure coordination with 5 multilateral and bilateral partners, such as the 6 Joint Force of the Group of Five of the Sahel, 7 and with other relevant assistance frameworks; 8 (B) a public diplomacy strategy and ac- 9 tions to ensure that populations in the Sahel- 10 Maghreb are aware of the development activi- 11 ties of the United States Government, especially 12 in countries with a significant Department of 13 Defense presence or engagement through train 14 and equip programs; 15 (C) activities aimed at supporting demo- 16 cratic institutions and countering violent extre- 17 mism with measurable goals and transparent 18 benchmarks; 19 (D) plans to help each partner country ad- 20 dress humanitarian and development needs and 21 to help prevent, respond to, and mitigate inter- 22 communal violence; 23 (E) a comprehensive plan to support secu- 24 rity sector reform in each partner country that 25 VerDate Sep 11 2014 02:09 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S615.IS S615 kjohnson on DSK79L0C42PROD with BILLS 11 •S 615 IS includes a detailed section on programs and ac- 1 tivities being undertaken by relevant stake- 2 holders and other international actors operating 3 in the sector; and 4 (F) a specific strategy for Mali that in- 5 cludes plans for sustained, high-level diplomatic 6 engagement with stakeholders, including coun- 7 tries in Europe and the Middle East with inter- 8 ests in the Sahel-Maghreb, regional govern- 9 ments, relevant multilateral organizations, sig- 10 natory groups of the Agreement for Peace and 11 Reconciliation in Mali, done in Algiers July 24, 12 2014, and civil society actors. 13 (3) A COMPREHENSIVE FIVE-YEAR STRATEGY 14 FOR PROGRAM COUNTERTERRORISM EFFORTS.—The 15 Secretary of State shall develop a comprehensive 5- 16 year strategy for the Program that includes— 17 (A) a clear statement of the objectives of 18 United States counterterrorism efforts in North 19 Africa and West Africa with respect to the use 20 of all forms of United States assistance to com- 21 bat terrorism and counter violent extremism, in- 22 cluding efforts— 23 (i) to build military and civilian law 24 enforcement capacity; 25 VerDate Sep 11 2014 02:09 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S615.IS S615 kjohnson on DSK79L0C42PROD with BILLS 12 •S 615 IS (ii) to strengthen the rule of law; 1 (iii) to promote responsive and ac- 2 countable governance; and 3 (iv) to address the root causes of ter- 4 rorism and violent extremism; 5 (B) a plan for coordinating programs 6 through the Program pursuant to subsection 7 (a)(1), including identifying the agency or bu- 8 reau of the Department of State, as applicable, 9 that will be responsible for leading and coordi- 10 nating each such program; 11 (C) a plan to monitor, evaluate, and share 12 data and learning about the Program in accord- 13 ance with monitoring and evaluation provisions 14 under sections 3 and 4 of the Foreign Aid 15 Transparency and Accountability Act of 2016 16 (22 U.S.C. 2394c note and 2394c); and 17 (D) a plan for ensuring coordination and 18 compliance with related requirements in United 19 States law, including the Global Fragility Act of 20 2019 (22 U.S.C. 9801 et seq.). 21 (4) CONSULTATION.—Not later than 90 days 22 after the date of the enactment of this Act, the Sec- 23 retary of State shall consult with the appropriate 24 congressional committees regarding the progress 25 VerDate Sep 11 2014 02:09 Apr 04, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S615.IS S615 kjohnson on DSK79L0C42PROD with BI [Text truncated for display. 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