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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2116 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  1st Session
                                H. R. 2116

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2019

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 AN ACT

 
    To enhance stabilization of conflict-affected areas and prevent 
        violence and fragility globally, 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 ``Global Fragility Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) According to the United Nations, an unprecedented 68.5 
        million people around the world, the highest level ever 
        recorded, are currently forcibly displaced from their homes.
            (2) According to the World Bank, violence and violent 
        conflict are now the leading causes of displacement and food 
        insecurity worldwide, driving 80 percent of humanitarian needs, 
        with the same conflicts accounting for the majority of forcibly 
        displaced persons every year since 1991.
            (3) According to the Institute for Economics and Peace, 
        violence containment costs the global economy $14.76 trillion a 
        year, or 12.4 percent of the world's GDP.
            (4) Violence and violent conflict underpin many of the 
        United States Government's key national security challenges. 
        Notably, violent conflicts allow for environments in which 
        terrorist organizations recruit and thrive, while the 
        combination of violence, corruption, poverty, poor governance, 
        and underdevelopment often enables transnational gangs and 
        criminal networks to wreak havoc and commit atrocities 
        worldwide.
            (5) According to research by the University of Maryland and 
        University of Pittsburgh, exposure to violence increases 
        support for violence and violent extremism. Research 
        increasingly finds exposure to violence as a predictor of 
        future participation in violence, including violent extremism.
            (6) United States foreign policy and assistance efforts in 
        highly violent and fragile states remain governed by an 
        outdated patchwork of authorities that prioritize responding to 
        immediate needs rather than solving the problems that cause 
        them.
            (7) Lessons learned over the past 20 years, documented by 
        the 2013 Special Inspector General for Iraq Reconstruction 
        Lessons Learned Study, the 2016 Fragility Study Group report, 
        and the 2018 Special Inspector General for Afghanistan Lessons 
        Learned Study on Stabilization, show that effective, sustained 
        United States efforts to reduce violence and stabilize fragile 
        and violence-affected states require clearly defined goals and 
        strategies, adequate long-term funding, rigorous and iterative 
        conflict analysis, coordination across the United States 
        Government, including strong civil-military coordination, 
        attention to the problem of corruption, and integration with 
        and leadership from national and sub-national partners, 
        including local civil society organizations, traditional 
        justice systems, and local governance structures.
            (8) The ``Stabilization Assistance Review'' released in 
        2018 by the Departments of State and Defense and the United 
        States Agency for International Development states, ``The 
        United States has strong national security and economic 
        interests in reducing levels of violence and promoting 
        stability in areas affected by armed conflict.''. The Review 
        further states, ``Stabilization is an inherently political 
        endeavor that requires aligning U.S. Government efforts--
        diplomatic engagement, foreign assistance, and defense--toward 
        supporting locally legitimate authorities and systems to 
        peaceably manage conflict and prevent violence.''.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States to--
            (1) ensure that all relevant Federal departments and 
        agencies coordinate to achieve coherent, long-term goals for 
        programs designed to stabilize conflict-affected areas and 
        prevent violence and fragility globally, including when 
        implementing the Global Fragility Initiative established 
        pursuant to section 6;
            (2) seek to improve global, regional, and local 
        coordination of relevant international and multilateral 
        development and donor organizations regarding efforts to 
        stabilize conflict-affected areas and prevent violence and 
        fragility globally, and, where practicable and appropriate, 
        align such efforts with multilateral goals and indicators;
            (3) expand and enhance the effectiveness of United States 
        foreign assistance programs and activities to stabilize 
        conflict-affected areas and prevent violence and fragility 
        globally;
            (4) support the research and development of effective 
        approaches to stabilize conflict-affected areas and prevent 
        violence and fragility globally, and data collection efforts 
        relevant to such approaches; and
            (5) improve the tools and authorities for assessment, 
        monitoring, and evaluation needed to enable learning and 
        adaptation by such relevant Federal departments and agencies 
        working to stabilize conflict-affected areas and prevent 
        violence and fragility globally.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) Stabilization and Prevention Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a fund to be known as the ``Stabilization and 
        Prevention Fund'' (in this subsection referred to as the 
        ``Fund''), to be administered by the Department of State and 
        the United States Agency for International Development (USAID), 
        and consisting of amounts authorized to be appropriated 
        pursuant to paragraph (2).
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to the Fund $200,000,000 for each of the 5 
        fiscal years beginning with the first fiscal year that begins 
        after the date of the enactment of this Act. Amounts authorized 
        to be appropriated pursuant to this paragraph are authorized to 
        remain available until expended.
            (3) Purposes of the fund.--
                    (A) In general.--Amounts authorized to be 
                appropriated to the Fund shall be used for economic and 
                development assistance for any of the following:
                            (i) To support stabilization of conflict-
                        affected areas and prevent violence and 
                        fragility globally, including through the 
                        Global Fragility Initiative established 
                        pursuant to section 6.
                            (ii) To provide assistance to areas 
                        liberated or at risk from, or under the control 
                        of, the Islamic State of Iraq and Syria, other 
                        terrorist organizations, or violent extremist 
                        organizations, including for stabilization 
                        assistance for vulnerable ethnic and religious 
                        minority communities affected by conflict.
                    (B) Addition.--Amounts authorized to be 
                appropriated to the Fund are in addition to any amounts 
                otherwise made available for the purposes described in 
                subparagraph (A).
            (4) Congressional notification.--Not later than 15 days 
        before amounts from the Fund are obligated, the Secretary of 
        State or Administrator of the United States Agency for 
        International Development shall submit notification of such 
        obligation to--
                    (A) the Committee on Foreign Affairs of the House 
                of Representatives;
                    (B) the Committee on Appropriations of the House of 
                Representatives;
                    (C) the Committee on Foreign Relations of the 
                Senate; and
                    (D) the Committee on Appropriations of the Senate.
    (b) Complex Crises Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a fund to be known as the ``Complex Crises 
        Fund'' (in this subsection referred to as the ``Fund''), to be 
        administered by USAID.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to the Fund $30,000,000 for each of the 5 
        fiscal years beginning with the first fiscal year that begins 
        after the date of the enactment of this Act. Amounts authorized 
        to be appropriated pursuant to this paragraph are authorized to 
        remain available until expended.
            (3) Purposes of the fund.--
                    (A) In general.--Notwithstanding any other 
                provision of law, except section 620M of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2378d), amounts in 
                the Fund may be used to carry out the provisions of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) 
                to support programs and activities to prevent or 
                respond to emerging or unforeseen foreign challenges 
                and complex crises overseas, including through the 
                Global Fragility Initiative established pursuant to 
                section 6.
                    (B) Addition.--Amounts authorized to be 
                appropriated to the Fund are in addition to any amounts 
                otherwise made available for the purposes described in 
                subparagraph (A).
            (4) Limitations.--
                    (A) In general.--Amounts in the Fund may not be 
                expended for lethal assistance or to respond to natural 
                disasters.
                    (B) Administrative expenses.--Not more than 5 
                percent of amounts in the Fund may be used for 
                administrative expenses.
            (5) Congressional notification.--Not later than 5 days 
        before amounts from the Fund are obligated, the Administrator 
        of the United States Agency for International Development shall 
        submit notification of such obligation to--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (D) the Committee on Appropriations of the House of 
                Representatives.
            (6) Waiver.--Notification in accordance with paragraph (5) 
        may be waived if--
                    (A) notification by the deadline specified in such 
                paragraph would pose a substantial risk to human health 
                or welfare; and
                    (B) the congressional committees specified in such 
                paragraph--
                            (i) are notified not later than 3 days 
                        after an obligation of amounts from the Fund; 
                        and
                            (ii) are provided with an explanation of 
                        the emergency circumstances that necessitated 
                        such waiver.
    (c) Other Funding and Cost Matching.--The Global Fragility 
Initiative established pursuant to section 6--
            (1) may be supported by funds other than funds authorized 
        to be appropriated pursuant to this section; and
            (2) shall seek to leverage funds from sources other than 
        the United States Government in order to promote coordination 
        and cost-matching to the maximum extent practicable.

SEC. 5. SENSE OF CONGRESS REGARDING ASSISTANCE FOR THE GLOBAL FRAGILITY 
              INITIATIVE.

    It is the sense of Congress that the President, the Secretary of 
State, the Administrator of USAID, the Secretary of Defense, and the 
heads of other relevant Federal departments and agencies should work 
with the appropriate congressional committees to provide sufficient 
types and levels of funding to--
            (1) allow for more adaptive and responsive policy and 
        program planning, implementation, and scaling under the Global 
        Fragility Initiative established pursuant to section 6, 
        including through more flexible funding mechanisms and 
        exemptions from specific and minimum funding levels when such 
        exemptions would make such programs better able to respond to 
        local needs, the results of monitoring and evaluation, or 
        changed circumstances in relevant countries;
            (2) better integrate the initiative and other conflict and 
        violence reduction objectives and activities into other policy 
        and program areas, where appropriate; and
            (3) support transparent and accountable multilateral funds, 
        initiatives, and strategies to enhance and better coordinate 
        both private and public efforts to stabilize conflict-affected 
        areas and prevent violence and fragility globally.

SEC. 6. GLOBAL FRAGILITY INITIATIVE.

    (a) In General.--
            (1) Establishment.--The Secretary of State, in coordination 
        with the Administrator of the United States Agency for 
        International Development (USAID), the Secretary of Defense, 
        the Atrocities Prevention Board (or any successor entity), and 
        the heads of other relevant Federal departments and agencies, 
        shall, in accordance with subsection (b), establish an 
        interagency initiative, to be referred to as the ``Global 
        Fragility Initiative'', to stabilize conflict-affected areas 
        and prevent violence and fragility globally.
            (2) Stakeholder consultation.--The Global Fragility 
        Initiative required under this subsection shall be developed in 
        consultation with representatives of local civil society and 
        national and local governance entities, as well as relevant 
        international development organizations with experience 
        implementing programs in fragile and violence-affected 
        communities, multilateral organizations and donors, and 
        relevant private, academic, and philanthropic entities, as 
        appropriate.
    (b) Establishment Plan.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of State, in coordination with 
the Administrator of USAID, the Secretary of Defense, the Atrocities 
Prevention Board (or any successor entity), and the heads of other 
relevant Federal departments and agencies, shall submit to the 
appropriate congressional committees an interagency plan regarding the 
establishment of the Global Fragility Initiative pursuant to subsection 
(a) that includes the following:
            (1) Identification of the roles and responsibilities of 
        each participating Federal department or agency, while ensuring 
        that--
                    (A) the Department of State is the overall lead 
                department for establishing United States foreign 
                policy and advancing diplomatic and political efforts;
                    (B) USAID is the lead implementing agency for 
                development, humanitarian, and related non-security 
                program policy;
                    (C) where appropriate, the Department of Defense 
                may support the activities of the Department of State 
                and USAID by providing requisite security and support 
                to civilian efforts with the joint-formulation, 
                coordination, and concurrence of the Secretary of State 
                and Administrator of USAID; and
                    (D) other Federal departments and agencies support 
                the activities of the Department of State and USAID as 
                appropriate, with the concurrence of the Secretary of 
                State and Administrator of USAID.
            (2) Identification of which officials of the Department of 
        State, USAID, and the Department of Defense, with a rank not 
        lower than Assistant Secretary or Assistant Administrator, as 
        the case may be, will be responsible for overseeing and leading 
        the initiative.
            (3) Identification of the authorities, staffing, and other 
        resource requirements needed to effectively implement the 
        initiative.
            (4) Descriptions of the organizational steps the Secretary 
        of State, the Administrator, the Secretary of Defense, and the 
        head of each other relevant Federal department or agency will 
        take to improve planning, coordination, implementation, 
        assessment, monitoring, evaluation, adaptive management, and 
        iterative learning with respect to the programs carried out 
        under the initiative.
            (5) Descriptions of the steps the Secretary of State, the 
        Administrator, the Secretary of Defense, and the head of each 
        other relevant Federal department or agency will take to ensure 
        appropriate host-country ownership and to improve coordination 
        and collaboration under the initiative with international 
        development organizations, international donors, multilateral 
        organizations, and the private sector.
            (6) Descriptions of potential areas of improved public and 
        private sector research and development, including with 
        academic, philanthropic, and civil society organizations, on 
        data collection efforts and more effective approaches to 
        stabilize conflict-affected areas and prevent violence and 
        fragility globally.
            (7) Descriptions of the processes for regularly evaluating 
        and updating the initiative on an iterative basis, including 
        regarding priority country and regional plans described in 
        subsection (d).
            (8) A list of priority countries and regions selected 
        pursuant to subsection (c), including descriptions of the 
        rationale for such selections.
    (c) Selection of Priority Countries and Regions.--The Secretary of 
State, in coordination with the Administrator of USAID and the 
Secretary of Defense, and in consultation with the appropriate 
congressional committees, shall select certain countries as ``priority 
countries'' and certain regions as ``priority regions'' for the Global 
Fragility Initiative--
            (1) on the basis of--
                    (A) clearly defined indicators of the levels of 
                violence or fragility in such country or region, such 
                as the country or region's--
                            (i) ranking on recognized global fragility 
                        lists, such as the Organization for Economic 
                        Co-operation and Development States of 
                        Fragility report, the Fund for Peace Fragile 
                        States Index, the World Bank Harmonized List of 
                        Fragile Situations, the Institute for Economics 
                        and Peace Global Peace Index, and Holocaust 
                        Museum Early Warning Project Risk Assessment;
                            (ii) ranking on select United States 
                        Government conflict and atrocity early warning 
                        watch lists; and
                            (iii) levels of violence, such as violence 
                        committed by armed groups, violent extremist 
                        organizations, gender-based violence, and 
                        violence against children and youth; and
                    (B) an assessment of--
                            (i) the capacity and commitment of national 
                        and sub-national government entities and civil 
                        society partners in such country or region to 
                        work with Federal departments and agencies on 
                        the initiative, including by demonstrating the 
                        willingness and making demonstrable efforts to 
                        improve governance, enhance rule of law, and 
                        protect human rights; and
                            (ii) the likelihood that selection as a 
                        priority country or priority region would allow 
                        the initiative to measurably stabilize 
                        conflict-affected areas or prevent violence and 
                        fragility in such country or region; and
            (2) in a manner that ensures that--
                    (A) not fewer than three countries or regions are 
                designated as ``Stabilization Countries'' or 
                ``Stabilization Regions'', as the case may be, in which 
                current levels of violence are among the highest in the 
                world;
                    (B) not fewer than three countries or regions are 
                designated as ``Prevention Countries'' or ``Prevention 
                Regions'', as the case may be, in which current levels 
                of violence are lower than such levels in Stabilization 
                Countries or Stabilization Regions but risk factors for 
                violence or fragility are significant;
                    (C) countries and regions selected are in the areas 
                of responsibility of at least three geographic bureaus 
                of the Department of State; and
                    (D) regions, rather than individual countries, are 
                selected where the threat or spillover of violence, 
                conflict, or fragility threatens multiple countries 
                within a single geographic region.
    (d) Country and Regional Plans.--Not later than 1 year after the 
date of the enactment of this Act, the Secretary of State, in 
coordination with the Administrator of USAID, the Secretary of Defense, 
the Atrocities Prevention Board (or any successor entity), and the 
heads of other relevant Federal departments and agencies, shall submit 
to the appropriate congressional committees 10-year plans to align and 
integrate under the Global Fragility Initiative required under 
subsection (a) all relevant diplomatic, development, security 
assistance and cooperation, and other relevant activities of the United 
States Government with respect to each of the countries and regions 
selected pursuant to subsection (c). Each such country and regional 
plan shall include the following:
            (1) Specific multi-year interagency plans for coordination 
        and implementation under each such plan.
            (2) An up-to-date baseline analysis for each such country 
        or region, including an analysis of political dynamics, impacts 
        of violence, and conditions that contribute to violence and 
        fragility.
            (3) Prioritized descriptions of the goals and objectives 
        for stabilizing conflict-affected areas and preventing violence 
        and fragility in each such country or region.
            (4) Descriptions of how and when the relevant goals, 
        objectives, plans, and benchmarks for each such country or 
        region will be incorporated into relevant United States country 
        plans and strategies, including Department of State Integrated 
        Country Strategies, USAID Country Development Cooperation 
        Strategies, and Department of Defense Campaign Plans, 
        Operational Plans, and Regional Strategies, as well as any 
        equivalent or successor plans or strategies.
            (5) Interagency plans to ensure that appropriate local 
        actors, including government and civil society entities and 
        organizations led by women, youth, or under-represented 
        communities, have an appropriate ownership stake in developing, 
        implementing, assessing, monitoring, evaluating, and updating 
        relevant activities under each such plan.
            (6) Interagency plans to integrate existing and planned 
        security assistance and cooperation programs in each such 
        country or region with the initiative and to maximize positive 
        outcomes and mitigate risks associated with such programs, 
        including risks related to corruption, governance, and human 
        rights.
            (7) Assessment, monitoring, and evaluation frameworks for 
        diplomatic, development, and security activities, which shall 
        be informed by consultations with the stakeholders specified in 
        subsection (a)(2), with clear, date-certain metrics for each 
        such country or region, as well as interagency plans for using 
        such frameworks to adapt such activities on a regular and 
        iterative basis.
            (8) Descriptions of available policy tools and how such 
        tools will be used to stabilize conflict-affected areas or 
        prevent violence and fragility in each such country or region.
            (9) A description of how planning and implementation for 
        each such country or region will be coordinated to ensure such 
        planning and implementation are conducted in partnership 
        between the United States Government and--
                    (A) governments of such countries;
                    (B) international development organizations;
                    (C) relevant international donors;
                    (D) multilateral organizations; and
                    (E) the private sector.
            (10) A regional component outlining plans to address 
        relevant transnational issues in cases in which an individual 
        country is selected and such country is affected by or at risk 
        of regional fragility or violence.
            (11) A component outlining plans to address national-level 
        factors at the individual country level in cases in which a 
        region is selected and such region is affected by or at risk of 
        fragility or violence as a result of such national-level 
        factors.
    (e) Implementation.--The Secretary of State, in coordination with 
the Administrator of USAID, the Secretary of Defense, and the heads of 
other relevant Federal departments and agencies, and in consultation 
with the Atrocities Prevention Board (or any successor entity), 
relevant United States ambassadors, USAID mission directors, geographic 
combatant commanders, and other relevant individuals with 
responsibility over activities in each priority country or region 
selected pursuant to subsection (c), shall ensure that--
            (1) the Global Fragility Initiative required under 
        subsection (a), including each of the country and regional 
        plans under subsection (d), is implemented, updated, and 
        coordinated on a regular and iterative basis; and
            (2) such initiative is used to guide United States 
        Government policy at a senior level and incorporated into 
        relevant strategies and plans across the United States 
        Government such that the activities of all Federal departments 
        and agencies are consistent with such initiative.

SEC. 7. BIENNIAL REPORTS AND CONGRESSIONAL CONSULTATION.

    (a) Biennial Reports.--Not later than 2 years after the date of the 
enactment of this Act and every 2 years thereafter until the date that 
is 10 years after such date of enactment, the Secretary of State, in 
coordination with the Administrator of USAID, the Secretary of Defense, 
the Atrocities Prevention Board (or any successor entity), and the 
heads of other relevant Federal departments and agencies, shall submit 
to the appropriate congressional committees an unclassified report, 
which may include a classified annex, on progress made and lessons 
learned with respect to the Global Fragility Initiative established 
pursuant to section 6, including each country and regional plan 
required as part of such initiative, including the following:
            (1) Descriptions of steps taken to incorporate the 
        initiative and such country and regional plans into relevant 
        strategies and plans that affect such countries and regions.
            (2) Accountings of all funding received and obligated to 
        implement each such country and regional plan during the 
        previous 2 years, as well as funding requested, planned, and 
        projected for the following 2 years.
            (3) Descriptions of progress made towards the goals and 
        objectives established for each such country and region, 
        including progress made towards achieving specific targets, 
        metrics, and indicators.
            (4) Descriptions of updates made during the previous 2 
        years to the goals, objectives, plans of action, and other 
        elements described in each such country and regional plan, as 
        well as any changes made to programs based on the results of 
        assessment, monitoring, and evaluation.
    (b) Congressional Consultation.--The Secretary of State, the 
Administrator of USAID, and the Secretary of Defense shall provide to 
any appropriate congressional committee upon the request of any such 
committee regular briefings on the implementation of this Act.

SEC. 8. GAO REVIEW.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act and every 2 years thereafter until the date that 
is 10 years after such date of enactment, the Comptroller General of 
the United States shall consult with the Chairman and Ranking Member of 
the Committee on Foreign Relations of the Senate and the Committee on 
Foreign Affairs of the House of Representatives regarding opportunities 
for independent review of the activities under the Global Fragility 
Initiative established pursuant to section 6, including opportunities 
to--
            (1) assess the extent to which United States Government 
        activities in each country and region selected as part of the 
        initiative are being implemented in accordance with the 
        initiative and the relevant country or regional plan under the 
        initiative;
            (2) assess the processes and procedures for coordinating 
        among and within each relevant Federal department or agency 
        when implementing the initiative and each such country and 
        regional plan;
            (3) assess the monitoring and evaluation efforts under the 
        initiative and each such country and regional plan, including 
        assessments of the progress made and lessons learned with 
        respect to each such plan, as well as any changes made to 
        activities based on the results of such monitoring and 
        evaluation;
            (4) recommend changes necessary to better implement United 
        States Government activities in accordance with the initiative, 
        as well as recommendations for any changes to the initiative; 
        and
            (5) assess such other matters as the Comptroller General 
        determines appropriate.
    (b) Availability of Information.--The heads of all relevant Federal 
departments and agencies shall ensure that all relevant data, 
documents, and other information is made available to the Comptroller 
General of the United States for purposes of conducting independent 
reviews pursuant to this section.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committees on Foreign Relations, Armed 
                Services, and Appropriations of the Senate; and
                    (B) the Committees on Foreign Affairs, Armed 
                Services, and Appropriations of the House of 
                Representatives.
            (2) Relevant federal department or agency.--The term 
        ``relevant Federal department or agency'' means the Department 
        of the Treasury and any other Federal department or agency the 
        President determines is relevant to carry out the purposes of 
        this Act.

            Passed the House of Representatives May 20, 2019.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```