S.Amdt. 5299Senate110th Congress (2007-2009)

S.Amdt. 5299

What it does: Adds SEC. __. COUNTERTERRORISM STATUS REPORTS wherever appropriate
Submitted September 9, 2008

What it changes

1 change to S. 3001

Adds a section
  1. Adds SEC. __. COUNTERTERRORISM STATUS REPORTS wherever appropriate

    Adds a section

    Inserted: SEC. __. COUNTERTERRORISM STATUS REPORTS.

    Inserted: (a) Short Title.--This section may be cited as the "Success in Countering Al Qaeda Reporting Requirements Act of 2008".

    Inserted: (b) Findings.--Congress makes the following findings:

    Inserted: (1) Al Qaeda and its related affiliates attacked the United States on September 11, 2001 in New York, New York, Arlington, Virginia, and Shanksville, Pennsylvania, murdering almost 3000 innocent civilians.

    Inserted: (2) Osama bin Laden and his deputy Ayman al-Zawahiri remain at large.

    Inserted: (3) Al Qaeda and its related affiliates maintain freedom of movement in the Afghan-Pakistani border region and continue to strengthen their operational capabilities to plot and carry out attacks.

    Inserted: (4) Nearly 7 years after the attacks on September 11, 2001, Al Qaeda and its related affiliates remain the most serious national security threat to the United States, with alarming signs that Al Qaeda and its related affiliates recently reconstituted their strength and ability to generate new attacks throughout the world, including against the United States.

    Inserted: (5) The July 2007 National Intelligence Estimate states, "Al Qaeda is and will remain the most serious terrorist threat to the Homeland".

    Inserted: (6) In testimony to the Permanent Select Committee on Intelligence of the House of Representatives on February 7, 2008, Director of National Intelligence Michael McConnell stated, "Al-Qa'ida and its terrorist affiliates continue to pose significant threats to the United States at home and abroad, and al-Qa'ida's central leadership based in the border area of Pakistan is its most dangerous component.".

    Inserted: (7) The Intelligence Reform and Terrorist Prevention Act of 2004, which implemented the recommendations of the 9/11 Commission, and a subsequent executive order, assigned to the National Counterterrorist Center (NCTC) the responsibility to develop comprehensive, integrated strategic operations plans for all of the Federal Government and to assess the execution of these plans for the President. This vital aspect of the NCTC's mission is not sufficiently resourced or supported by the executive branch or Congress, resulting in a lack of coherent and effective planning and implementation in the struggle against terrorism.

    Inserted: (8) The "National Strategy for Combating Terrorism", issued in September 2006, affirmed that long-term efforts are needed to win the battle of ideas against the root causes of the violent extremist ideology that sustains Al Qaeda and its affiliates. The United States has obligated resources to support democratic reforms and human development to undercut support for violent extremism, including in the Federally Administered Tribal Areas in Pakistan and the Sahel region of Africa. However, 2 reports released by the Government Accountability Office in 2008 found that "no comprehensive plan for meeting U.S. national security goals in the FATA have been developed," and "no comprehensive integrated strategy has been developed to guide the [Sahel] program's implementation".

    Inserted: (9) Such efforts to combat violent extremism and radicalism must be undertaken using all elements of national power, including military tools, intelligence assets, law enforcement resources, diplomacy, paramilitary activities, financial measures, development assistance, strategic communications, and public diplomacy.

    Show 61 more inserted paragraphs

    Inserted: (10) There remains a paucity of information on current counterterrorism efforts undertaken by the Federal Government and the level of success achieved by specific initiatives.

    Inserted: (11) Congress and the American people can benefit from more specific data and metrics that can provide the basis for objective external assessments of the progress being made in the overall war being waged against violent extremism.

    Inserted: (12) In its key recommendations to the 110th Congress, the Government Accountability Office urged greater congressional oversight in assessing the effectiveness and coordination of United States international programs focused on combating and preventing the growth of terrorism and its underlying causes.

    Inserted: (13) The Secretary of State is required by law to submit annual reports to Congress that detail key developments on terrorism on a country-by-country basis. These Country Reports on Terrorism provide information on acts of terrorism in countries, major developments in bilateral and multilateral counterterrorism cooperation, and the extent of state support for terrorist groups responsible for the death, kidnaping, or injury of Americans, but do not assess the scope and efficacy of United States counterterrorism efforts against Al Qaeda and its related affiliates.

    Inserted: (14) The Executive Branch submits regular reports to Congress that detail the status of United States combat operations in Iraq and Afghanistan, including a breakdown of budgetary allocations, key milestones achieved, and measures of political, economic, and military progress.

    Inserted: (15) The Department of Defense compiles a report of the monthly and cumulative incremental obligations incurred to support the Global War on Terrorism in a monthly Supplemental and Cost of War Execution Report.

    Inserted: (16) In March 2008, the Government Accountability Office reported to Congress that it found the data in these reports to be of "questionable reliability" and recommended improvements in transparency and reliability in Department of Defense reporting.

    Inserted: (17) The absence of a comparable timely assessment of the ongoing status and progress of United States counterterrorism efforts against Al Qaeda and its related affiliates in the overall Global War on Terrorism hampers the ability of Congress and the American people to independently determine whether the United States is making significant progress in this defining struggle of our time.

    Inserted: (18) The Executive Branch should submit a comprehensive report to Congress, updated on a semiannual basis, which provides a more strategic perspective regarding--

    Inserted: (A) the United States' highest global counterterrorism priorities;

    Inserted: (B) the United States' efforts to combat and defeat Al Qaeda and its related affiliates;

    Inserted: (C) the United States' efforts to undercut long-term support for the violent extremism that sustains Al Qaeda and its related affiliates;

    Inserted: (D) the progress made by the United States as a result of such efforts;

    Inserted: (E) the efficacy and efficiency of the United States resource allocations; and

    Inserted: (F) whether the existing activities and operations of the United States are actually diminishing the national security threat posed by Al Qaeda and its related affiliates.

    Inserted: (c) Semiannual Counterterrorism Status Reports.--

    Inserted: (1) In general.--Not later than July 31, 2009, and every 6 months thereafter, the President shall submit a report, to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, the Committee on Armed Services of the Senate, the Committee on Armed Services of the House of Representatives, the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives, which contains, for the most recent 6-month period, a review of the counterterrorism strategy of the United States Government, including--

    Inserted: (A) a detailed assessment of the scope, status, and progress of United States counterterrorism efforts in fighting Al Qaeda and its related affiliates and undermining long-term support for violent extremism;

    Inserted: (B) a judgment on the geographical region in which Al Qaeda and its related affiliates pose the greatest threat to the national security of the United States;

    Inserted: (C) an evaluation of the extent to which the counterterrorism efforts of the United States correspond to the plans developed by the NCTC and the goals established in overarching public statements of strategy issued by the executive branch;

    Inserted: (D) a description of the efforts of the United States Government to combat Al Qaeda and its related affiliates and undermine violent extremist ideology, which shall include--

    Inserted: (i) a specific list of the President's highest global counterterrorism priorities;

    Inserted: (ii) the degree of success achieved by the United States, and remaining areas for progress, in meeting the priorities described in clause (i); and

    Inserted: (iii) efforts in those countries in which the President determines that--

    Inserted: (I) Al Qaeda and its related affiliates have a presence; or

    Inserted: (II) acts of international terrorism have been perpetrated by Al Qaeda and its related affiliates;

    Inserted: (E) the specific status and achievements of United States counterterrorism efforts, through military, financial, political, intelligence, and paramilitary elements, relating to--

    Inserted: (i) bilateral security and training programs;

    Inserted: (ii) law enforcement and border security;

    Inserted: (iii) the disruption of terrorist networks; and

    Inserted: (iv) the denial of terrorist safe havens and sanctuaries;

    Inserted: (F) a description of United States Government activities to counter terrorist recruitment and radicalization, including--

    Inserted: (i) strategic communications;

    Inserted: (ii) public diplomacy;

    Inserted: (iii) support for economic development and political reform; and

    Inserted: (iv) other efforts aimed at influencing public opinion;

    Inserted: (G) United States Government initiatives to eliminate direct and indirect international financial support for the activities of terrorist groups;

    Inserted: (H) a cross-cutting analysis of the budgets of all Federal Government agencies as they relate to counterterrorism funding to battle Al Qaeda and its related affiliates abroad, including--

    Inserted: (i) the source of such funds; and

    Inserted: (ii) the allocation and use of such funds;

    Inserted: (I) an analysis of the extent to which specific Federal appropriations--

    Inserted: (i) have produced tangible, calculable results in efforts to combat and defeat Al Qaeda, its related affiliates, and its violent ideology; or

    Inserted: (ii) contribute to investments that have expected payoffs in the medium- to long-term;

    Inserted: (J) statistical assessments, including those developed by the National Counterterrorism Center, on the number of individuals belonging to Al Qaeda and its related affiliates that have been killed, injured, or taken into custody as a result of United States counterterrorism efforts; and

    Inserted: (K) a concise summary of the methods used by NCTC and other elements of the United States Government to assess and evaluate progress in its overall counterterrorism efforts, including the use of specific measures, metrics, and indices.

    Inserted: (2) Country selection.--The countries referred to in paragraph (1)(D)(iii) shall include Afghanistan, Algeria, Bangladesh, Democratic Republic of Congo, Egypt, India, Indonesia, Iraq, Jordan, Kenya, Lebanon, Morocco, Pakistan, Philippines, Saudi Arabia, Somalia, Spain, Syria, Thailand, Tunisia, Turkey, Yemen, and any other country that meets the conditions described in subclause (I) or (II) of paragraph (1)(D)(iii).

    Inserted: (3) Interagency cooperation.--In preparing the report under this subsection, the President shall include relevant information maintained by--

    Inserted: (A) the National Counterterrorism Center and the National Counterproliferation Center;

    Inserted: (B) Department of Justice, including the Federal Bureau of Investigation;

    Inserted: (C) the Department of State;

    Inserted: (D) the Department of Defense;

    Inserted: (E) the Department of Homeland Security;

    Inserted: (F) the Department of the Treasury;

    Inserted: (G) the Office of the Director of National Intelligence,

    Inserted: (H) the Central Intelligence Agency;

    Inserted: (I) the Office of Management and Budget;

    Inserted: (J) the United States Agency for International Development; and

    Inserted: (K) any other Federal department that maintains relevant information.

    Inserted: (4) Report classification.--The report required under this subsection shall be--

    Inserted: (A) submitted in an unclassified form, to the maximum extent practicable; and

    Inserted: (B) accompanied by a classified appendix, as appropriate.

    The amendment doesn't say where this goes; the clerk decides.

    Original wording

    At the appropriate place, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 5299. Mr. CASEY (for himself and Mr. Hagel) submitted an amendment intended to be proposed by him to the bill S. 3001, to authorize appropriations for fiscal year 2009 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 appropriate place, insert the following:

SEC. __. COUNTERTERRORISM STATUS REPORTS.

(a) Short Title.--This section may be cited as the “Success in Countering Al Qaeda Reporting Requirements Act of 2008”.

(b) Findings.--Congress makes the following findings:

(1) Al Qaeda and its related affiliates attacked the United States on September 11, 2001 in New York, New York, Arlington, Virginia, and Shanksville, Pennsylvania, murdering almost 3000 innocent civilians.

(2) Osama bin Laden and his deputy Ayman al-Zawahiri remain at large.

(3) Al Qaeda and its related affiliates maintain freedom of movement in the Afghan-Pakistani border region and continue to strengthen their operational capabilities to plot and carry out attacks.

(4) Nearly 7 years after the attacks on September 11, 2001, Al Qaeda and its related affiliates remain the most serious national security threat to the United States, with alarming signs that Al Qaeda and its related affiliates recently reconstituted their strength and ability to generate new attacks throughout the world, including against the United States.

(5) The July 2007 National Intelligence Estimate states, “Al Qaeda is and will remain the most serious terrorist threat to the Homeland”.

(6) In testimony to the Permanent Select Committee on Intelligence of the House of Representatives on February 7, 2008, Director of National Intelligence Michael McConnell stated, “Al-Qa'ida and its terrorist affiliates continue to pose significant threats to the United States at home and abroad, and al-Qa'ida's central leadership based in the border area of Pakistan is its most dangerous component.”.

(7) The Intelligence Reform and Terrorist Prevention Act of 2004, which implemented the recommendations of the 9/11 Commission, and a subsequent executive order, assigned to the National Counterterrorist Center (NCTC) the responsibility to develop comprehensive, integrated strategic operations plans for all of the Federal Government and to assess the execution of these plans for the President. This vital aspect of the NCTC's mission is not sufficiently resourced or supported by the executive branch or Congress, resulting in a lack of coherent and effective planning and implementation in the struggle against terrorism.

(8) The “National Strategy for Combating Terrorism”, issued in September 2006, affirmed that long-term efforts are needed to win the battle of ideas against the root causes of the violent extremist ideology that sustains Al Qaeda and its affiliates. The United States has obligated resources to support democratic reforms and human development to undercut support for violent extremism, including in the Federally Administered Tribal Areas in Pakistan and the Sahel region of Africa. However, 2 reports released by the Government Accountability Office in 2008 found that “no comprehensive plan for meeting U.S. national security goals in the FATA have been developed,” and “no comprehensive integrated strategy has been developed to guide the [Sahel] program's implementation”.

(9) Such efforts to combat violent extremism and radicalism must be undertaken using all elements of national power, including military tools, intelligence assets, law enforcement resources, diplomacy, paramilitary activities, financial measures, development assistance, strategic communications, and public diplomacy.

(10) There remains a paucity of information on current counterterrorism efforts undertaken by the Federal Government and the level of success achieved by specific initiatives.

(11) Congress and the American people can benefit from more specific data and metrics that can provide the basis for objective external assessments of the progress being made in the overall war being waged against violent extremism.

(12) In its key recommendations to the 110th Congress, the Government Accountability Office urged greater congressional oversight in assessing the effectiveness and coordination of United States international programs focused on combating and preventing the growth of terrorism and its underlying causes.

(13) The Secretary of State is required by law to submit annual reports to Congress that detail key developments on terrorism on a country-by-country basis. These Country Reports on Terrorism provide information on acts of terrorism in countries, major developments in bilateral and multilateral counterterrorism cooperation, and the extent of state support for terrorist groups responsible for the death, kidnaping, or injury of Americans, but do not assess the scope and efficacy of United States counterterrorism efforts against Al Qaeda and its related affiliates.

(14) The Executive Branch submits regular reports to Congress that detail the status of United States combat operations in Iraq and Afghanistan, including a breakdown of budgetary allocations, key milestones achieved, and measures of political, economic, and military progress.

(15) The Department of Defense compiles a report of the monthly and cumulative incremental obligations incurred to support the Global War on Terrorism in a monthly Supplemental and Cost of War Execution Report.

(16) In March 2008, the Government Accountability Office reported to Congress that it found the data in these reports to be of “questionable reliability” and recommended improvements in transparency and reliability in Department of Defense reporting.

(17) The absence of a comparable timely assessment of the ongoing status and progress of United States counterterrorism efforts against Al Qaeda and its related affiliates in the overall Global War on Terrorism hampers the ability of Congress and the American people to independently determine whether the United States is making significant progress in this defining struggle of our time.

(18) The Executive Branch should submit a comprehensive report to Congress, updated on a semiannual basis, which provides a more strategic perspective regarding--

(A) the United States' highest global counterterrorism priorities;

(B) the United States' efforts to combat and defeat Al Qaeda and its related affiliates;

(C) the United States' efforts to undercut long-term support for the violent extremism that sustains Al Qaeda and its related affiliates;

(D) the progress made by the United States as a result of such efforts;

(E) the efficacy and efficiency of the United States resource allocations; and

(F) whether the existing activities and operations of the United States are actually diminishing the national security threat posed by Al Qaeda and its related affiliates.

(c) Semiannual Counterterrorism Status Reports.--

(1) In general.--Not later than July 31, 2009, and every 6 months thereafter, the President shall submit a report, to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, the Committee on Armed Services of the Senate, the Committee on Armed Services of the House of Representatives, the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives, which contains, for the most recent 6-month period, a review of the counterterrorism strategy of the United States Government, including--

(A) a detailed assessment of the scope, status, and progress of United States counterterrorism efforts in fighting Al Qaeda and its related affiliates and undermining long-term support for violent extremism;

(B) a judgment on the geographical region in which Al Qaeda and its related affiliates pose the greatest threat to the national security of the United States;

(C) an evaluation of the extent to which the counterterrorism efforts of the United States correspond to the plans developed by the NCTC and the goals established in overarching public statements of strategy issued by the executive branch;

(D) a description of the efforts of the United States Government to combat Al Qaeda and its related affiliates and undermine violent extremist ideology, which shall include--

(i) a specific list of the President's highest global counterterrorism priorities;

(ii) the degree of success achieved by the United States, and remaining areas for progress, in meeting the priorities described in clause (i); and

(iii) efforts in those countries in which the President determines that--

(I) Al Qaeda and its related affiliates have a presence; or

(II) acts of international terrorism have been perpetrated by Al Qaeda and its related affiliates;

(E) the specific status and achievements of United States counterterrorism efforts, through military, financial, political, intelligence, and paramilitary elements, relating to--

(i) bilateral security and training programs;

(ii) law enforcement and border security;

(iii) the disruption of terrorist networks; and

(iv) the denial of terrorist safe havens and sanctuaries;

(F) a description of United States Government activities to counter terrorist recruitment and radicalization, including--

(i) strategic communications;

(ii) public diplomacy;

(iii) support for economic development and political reform; and

(iv) other efforts aimed at influencing public opinion;

(G) United States Government initiatives to eliminate direct and indirect international financial support for the activities of terrorist groups;

(H) a cross-cutting analysis of the budgets of all Federal Government agencies as they relate to counterterrorism funding to battle Al Qaeda and its related affiliates abroad, including--

(i) the source of such funds; and

(ii) the allocation and use of such funds;

(I) an analysis of the extent to which specific Federal appropriations--

(i) have produced tangible, calculable results in efforts to combat and defeat Al Qaeda, its related affiliates, and its violent ideology; or

(ii) contribute to investments that have expected payoffs in the medium- to long-term;

(J) statistical assessments, including those developed by the National Counterterrorism Center, on the number of individuals belonging to Al Qaeda and its related affiliates that have been killed, injured, or taken into custody as a result of United States counterterrorism efforts; and

(K) a concise summary of the methods used by NCTC and other elements of the United States Government to assess and evaluate progress in its overall counterterrorism efforts, including the use of specific measures, metrics, and indices.

(2) Country selection.--The countries referred to in paragraph (1)(D)(iii) shall include Afghanistan, Algeria, Bangladesh, Democratic Republic of Congo, Egypt, India, Indonesia, Iraq, Jordan, Kenya, Lebanon, Morocco, Pakistan, Philippines, Saudi Arabia, Somalia, Spain, Syria, Thailand, Tunisia, Turkey, Yemen, and any other country that meets the conditions described in subclause (I) or (II) of paragraph (1)(D)(iii).

(3) Interagency cooperation.--In preparing the report under this subsection, the President shall include relevant information maintained by--

(A) the National Counterterrorism Center and the National Counterproliferation Center;

(B) Department of Justice, including the Federal Bureau of Investigation;

(C) the Department of State;

(D) the Department of Defense;

(E) the Department of Homeland Security;

(F) the Department of the Treasury;

(G) the Office of the Director of National Intelligence,

(H) the Central Intelligence Agency;

(I) the Office of Management and Budget;

(J) the United States Agency for International Development; and

(K) any other Federal department that maintains relevant information.

(4) Report classification.--The report required under this subsection shall be--

(A) submitted in an unclassified form, to the maximum extent practicable; and

(B) accompanied by a classified appendix, as appropriate.

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Senate amendment submitted

September 9, 2008