Trans-Sahara Counterterrorism Partnership Program Act of 2021
Bill: S.615 | Sponsor: Sen. Menendez, Robert (D-NJ)
Policy area: International Affairs

Summary:
Trans-Sahara Counterterrorism Partnership Program Act of 2021
This bill provides statutory authority for the Trans-Sahara Counterterrorism Partnership Program, an interagency program launched in 2005 to partner with countries in the Sahel and Maghreb regions of Africa to counter terrorism and violent extremism.
The Department of State, in consultation with the Department of Defense and the U.S. Agency for International Development, shall establish the partnership program, which must coordinate all U.S. programs in North and West Africa related to various counterterrorism activities, such as building foreign-military capacity, enhancing border security, promoting youth employment, and supporting independent media to counter terrorist propaganda.
The State Department must submit comprehensive, five-year strategies that include specified activities for the Sahel and Maghreb regions and for program counterterrorism efforts. Further, program activities must, among other things (1) be carried out in countries where there is an adequate level of partner country committment, and (2) have clearly defined outcomes and specific plans with indicators to regularly monitor and evaluate outcomes and impact. Such activities must also take into account the counterterrorism and development strategies of partner countries and align with such strategies to the extent possible.
The State Department shall notify Congress before obligating funds for such programs, and must submit annual reports about program activities.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trans-Sahara Counterterrorism 
Partnership Program Act of 2021''.

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--
                    (A) to combat the spread of terrorism and violent 
                extremism; and
                    (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.

SEC. 3. 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.

SEC. 4. TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP PROGRAM.

    (a) In General.--
            (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, which shall be known as the 
        ``Trans-Sahara Counterterrorism Partnership Program'' (referred 
        to in this section 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--
                    (A) 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;
                    (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--
                            (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;
                    (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; or
                    (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.--Program activities shall--
                    (A) 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;
                    (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 
        Program, the Secretary of State shall 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 Program under paragraph (1), 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--
                    (A) the foreign country and entity, as applicable, 
                whose capabilities are to be enhanced in accordance 
                with the purposes described in paragraph (1);
                    (B) the amount, type, and purpose of support to be 
                provided;
                    (C) the absorptive capacity of the foreign country 
                to effectively implement the assistance to be provided;
                    (D) the anticipated implementation timeline for the 
                activity; and
                    (E) 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.
    (b) International Coordination.--Efforts carried out under this 
section--
            (1) shall take into account partner country 
        counterterrorism, counter-extremism, and development 
        strategies;
            (2) shall be aligned with such strategies, to the extent 
        practicable; and
            (3) 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.--
            (1) 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 paragraphs (2) and (3) 
        to the appropriate congressional committees.
            (2) 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--
                    (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 Agreement for 
                Peace and Reconciliation in Mali, done in Algiers July 
                24, 2014, and civil society actors.
            (3) A comprehensive five-year strategy for program 
        counterterrorism efforts.--The Secretary of State shall develop 
        a comprehensive 5-year strategy for the Program that includes--
                    (A) 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--
                            (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;
                    (B) a plan for coordinating programs through the 
                Program pursuant to subsection (a)(1), including 
                identifying the agency or bureau of the Department of 
                State, as applicable, that will be responsible for 
                leading and coordinating each such program;
                    (C) 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
                    (D) 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.).
            (4) 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 
        paragraphs (2) and (3).
    (d) Supporting Material in Annual Budget Request.--
            (1) 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.
            (2) Exception.--The requirement under paragraph (1) shall 
        not apply to activities of the Department of Defense conducted 
        pursuant to authorities under title 10, United States Code.
    (e) 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--
            (1) the progress made in meeting the objectives of the 
        strategies required under paragraphs (2) and (3) of subsection 
        (c), including any lessons learned in carrying out Program 
        activities and any recommendations for improving such programs 
        and activities;
            (2) the efforts taken to coordinate, de-conflict, and 
        streamline 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 Program, and as 
        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 Program to combat 
        corruption, improve transparency and accountability, and 
        promote other forms of democratic governance;
            (6) 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
            (7) any changes or updates to the Comprehensive 5-Year 
        Strategy for the Program required under subsection (c)(3) 
        necessitated by the findings in this annual report.
    (f) 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--
            (1) which of the 13 recommendations in AUD-MERO-20-42 have 
        not been closed;
            (2) a description of progress made since the last report 
        toward closing each recommendation identified under paragraph 
        (1);
            (3) additional resources needed, including assessment of 
        staffing capacity, if any, to complete action required to close 
        each recommendation identified under paragraph (1); and
            (4) the anticipated timeline for completion of action 
        required to close each recommendation identified under 
        paragraph (1), including application of all recommendations 
        into all existing security assistance programs managed by the 
        Department of State under the Program.
    (g) 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--
            (1) identifies potential waste, fraud, abuse, 
        inefficiencies, or deficiencies; and
            (2) 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.
    (h) Form.--The strategies required under paragraphs (2) and (3) of 
subsection (c) and the report required under subsection (e) shall be 
submitted in unclassified form, but may include a classified annex.
    (i) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations of the Senate;
            (2) the Committee on Armed Services of the Senate;
            (3) the Committee on Appropriations of the Senate;
            (4) the Select Committee on Intelligence of the Senate;
            (5) the Committee on Foreign Affairs of the House of 
        Representatives;
            (6) the Committee on Armed Services of the House of 
        Representatives;
            (7) the Committee on Appropriations of the House of 
        Representatives; and
            (8) the Permanent Select Committee on Intelligence of the 
        House of Representatives.
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