Global Fragility Act

IIB 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 pre- vent violence and fragility globally, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:07 May 21, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2116.RFS H2116 pamtmann on DSKBFK8HB2PROD with BILLS 2 HR 2116 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Global Fragility Act’’. 2 SEC. 2. FINDINGS. 3 Congress finds the following: 4 (1) According to the United Nations, an un- 5 precedented 68.5 million people around the world, 6 the highest level ever recorded, are currently forcibly 7 displaced from their homes. 8 (2) According to the World Bank, violence and 9 violent conflict are now the leading causes of dis- 10 placement and food insecurity worldwide, driving 80 11 percent of humanitarian needs, with the same con- 12 flicts accounting for the majority of forcibly dis- 13 placed persons every year since 1991. 14 (3) According to the Institute for Economics 15 and Peace, violence containment costs the global 16 economy $14.76 trillion a year, or 12.4 percent of 17 the world’s GDP. 18 (4) Violence and violent conflict underpin many 19 of the United States Government’s key national se- 20 curity challenges. Notably, violent conflicts allow for 21 environments in which terrorist organizations recruit 22 and thrive, while the combination of violence, cor- 23 ruption, poverty, poor governance, and underdevelop- 24 ment often enables transnational gangs and criminal 25 VerDate Sep 11 2014 23:07 May 21, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2116.RFS H2116 pamtmann on DSKBFK8HB2PROD with BILLS 3 HR 2116 RFS networks to wreak havoc and commit atrocities 1 worldwide. 2 (5) According to research by the University of 3 Maryland and University of Pittsburgh, exposure to 4 violence increases support for violence and violent 5 extremism. Research increasingly finds exposure to 6 violence as a predictor of future participation in vio- 7 lence, including violent extremism. 8 (6) United States foreign policy and assistance 9 efforts in highly violent and fragile states remain 10 governed by an outdated patchwork of authorities 11 that prioritize responding to immediate needs rather 12 than solving the problems that cause them. 13 (7) Lessons learned over the past 20 years, doc- 14 umented by the 2013 Special Inspector General for 15 Iraq Reconstruction Lessons Learned Study, the 16 2016 Fragility Study Group report, and the 2018 17 Special Inspector General for Afghanistan Lessons 18 Learned Study on Stabilization, show that effective, 19 sustained United States efforts to reduce violence 20 and stabilize fragile and violence-affected states re- 21 quire clearly defined goals and strategies, adequate 22 long-term funding, rigorous and iterative conflict 23 analysis, coordination across the United States Gov- 24 ernment, including strong civil-military coordination, 25 VerDate Sep 11 2014 23:07 May 21, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2116.RFS H2116 pamtmann on DSKBFK8HB2PROD with BILLS 4 HR 2116 RFS attention to the problem of corruption, and integra- 1 tion with and leadership from national and sub-na- 2 tional partners, including local civil society organiza- 3 tions, traditional justice systems, and local govern- 4 ance structures. 5 (8) The ‘‘Stabilization Assistance Review’’ re- 6 leased in 2018 by the Departments of State and De- 7 fense and the United States Agency for Inter- 8 national Development states, ‘‘The United States 9 has strong national security and economic interests 10 in reducing levels of violence and promoting stability 11 in areas affected by armed conflict.’’. The Review 12 further states, ‘‘Stabilization is an inherently polit- 13 ical endeavor that requires aligning U.S. Govern- 14 ment efforts—diplomatic engagement, foreign assist- 15 ance, and defense—toward supporting locally legiti- 16 mate authorities and systems to peaceably manage 17 conflict and prevent violence.’’. 18 SEC. 3. STATEMENT OF POLICY. 19 It is the policy of the United States to— 20 (1) ensure that all relevant Federal depart- 21 ments and agencies coordinate to achieve coherent, 22 long-term goals for programs designed to stabilize 23 conflict-affected areas and prevent violence and fra- 24 gility globally, including when implementing the 25 VerDate Sep 11 2014 23:07 May 21, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2116.RFS H2116 pamtmann on DSKBFK8HB2PROD with BILLS 5 HR 2116 RFS Global Fragility Initiative established pursuant to 1 section 6; 2 (2) seek to improve global, regional, and local 3 coordination of relevant international and multilat- 4 eral development and donor organizations regarding 5 efforts to stabilize conflict-affected areas and pre- 6 vent violence and fragility globally, and, where prac- 7 ticable and appropriate, align such efforts with mul- 8 tilateral goals and indicators; 9 (3) expand and enhance the effectiveness of 10 United States foreign assistance programs and ac- 11 tivities to stabilize conflict-affected areas and pre- 12 vent violence and fragility globally; 13 (4) support the research and development of ef- 14 fective approaches to stabilize conflict-affected areas 15 and prevent violence and fragility globally, and data 16 collection efforts relevant to such approaches; and 17 (5) improve the tools and authorities for assess- 18 ment, monitoring, and evaluation needed to enable 19 learning and adaptation by such relevant Federal de- 20 partments and agencies working to stabilize conflict- 21 affected areas and prevent violence and fragility 22 globally. 23 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 24 (a) STABILIZATION AND PREVENTION FUND.— 25 VerDate Sep 11 2014 23:07 May 21, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2116.RFS H2116 pamtmann on DSKBFK8HB2PROD with BILLS 6 HR 2116 RFS (1) ESTABLISHMENT.—There is established in 1 the Treasury of the United States a fund to be 2 known as the ‘‘Stabilization and Prevention Fund’’ 3 (in this subsection referred to as the ‘‘Fund’’), to be 4 administered by the Department of State and the 5 United States Agency for International Development 6 (USAID), and consisting of amounts authorized to 7 be appropriated pursuant to paragraph (2). 8 (2) AUTHORIZATION OF APPROPRIATIONS.— 9 There is authorized to be appropriated to the Fund 10 $200,000,000 for each of the 5 fiscal years begin- 11 ning with the first fiscal year that begins after the 12 date of the enactment of this Act. Amounts author- 13 ized to be appropriated pursuant to this paragraph 14 are authorized to remain available until expended. 15 (3) PURPOSES OF THE FUND.— 16 (A) IN GENERAL.—Amounts authorized to 17 be appropriated to the Fund shall be used for 18 economic and development assistance for any of 19 the following: 20 (i) To support stabilization of conflict- 21 affected areas and prevent violence and 22 fragility globally, including through the 23 Global Fragility Initiative established pur- 24 suant to section 6. 25 VerDate Sep 11 2014 23:07 May 21, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2116.RFS H2116 pamtmann on DSKBFK8HB2PROD with BILLS 7 HR 2116 RFS (ii) To provide assistance to areas lib- 1 erated or at risk from, or under the control 2 of, the Islamic State of Iraq and Syria, 3 other terrorist organizations, or violent ex- 4 tremist organizations, including for sta- 5 bilization assistance for vulnerable ethnic 6 and religious minority communities af- 7 fected by conflict. 8 (B) ADDITION.—Amounts authorized to be 9 appropriated to the Fund are in addition to any 10 amounts otherwise made available for the pur- 11 poses described in subparagraph (A). 12 (4) CONGRESSIONAL NOTIFICATION.—Not later 13 than 15 days before amounts from the Fund are ob- 14 ligated, the Secretary of State or Administrator of 15 the United States Agency for International Develop- 16 ment shall submit notification of such obligation 17 to— 18 (A) the Committee on Foreign Affairs of 19 the House of Representatives; 20 (B) the Committee on Appropriations of 21 the House of Representatives; 22 (C) the Committee on Foreign Relations of 23 the Senate; and 24 VerDate Sep 11 2014 23:07 May 21, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2116.RFS H2116 pamtmann on DSKBFK8HB2PROD with BILLS 8 HR 2116 RFS (D) the Committee on Appropriations of 1 the Senate. 2 (b) COMPLEX CRISES FUND.— 3 (1) ESTABLISHMENT.—There is established in 4 the Treasury of the United States a fund to be 5 known as the ‘‘Complex Crises Fund’’ (in this sub- 6 section referred to as the ‘‘Fund’’), to be adminis- 7 tered by USAID. 8 (2) AUTHORIZATION OF APPROPRIATIONS.— 9 There is authorized to be appropriated to the Fund 10 $30,000,000 for each of the 5 fiscal years beginning 11 with the first fiscal year that begins after the date 12 of the enactment of this Act. Amounts authorized to 13 be appropriated pursuant to this paragraph are au- 14 thorized to remain available until expended. 15 (3) PURPOSES OF THE FUND.— 16 (A) IN GENERAL.—Notwithstanding any 17 other provision of law, except section 620M of 18 the Foreign Assistance Act of 1961 (22 U.S.C. 19 2378d), amounts in the Fund may be used to 20 carry out the provisions of the Foreign Assist- 21 ance Act of 1961 (22 U.S.C. 2151 et seq.) to 22 support programs and activities to prevent or 23 respond to emerging or unforeseen foreign chal- 24 lenges and complex crises overseas, including 25 VerDate Sep 11 2014 23:07 May 21, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2116.RFS H2116 pamtmann on DSKBFK8HB2PROD with BILLS 9 HR 2116 RFS through the Global Fragility Initiative estab- 1 lished pursuant to section 6. 2 (B) ADDITION.—Amounts authorized to be 3 appropriated to the Fund are in addition to any 4 amounts otherwise made available for the pur- 5 poses described in subparagraph (A). 6 (4) LIMITATIONS.— 7 (A) IN GENERAL.—Amounts in the Fund 8 may not be expended for lethal assistance or to 9 respond to natural disasters. 10 (B) ADMINISTRATIVE EXPENSES.—Not 11 more than 5 percent of amounts in the Fund 12 may be used for administrative expenses. 13 (5) CONGRESSIONAL NOTIFICATION.—Not later 14 than 5 days before amounts from the Fund are obli- 15 gated, the Administrator of the United States Agen- 16 cy for International Development shall submit notifi- 17 cation of such obligation to— 18 (A) the Committee on Foreign Relations of 19 the Senate; 20 (B) the Committee on Appropriations of 21 the Senate; 22 (C) the Committee on Foreign Affairs of 23 the House of Representatives; and 24 VerDate Sep 11 2014 23:07 May 21, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2116.RFS H2116 pamtmann on DSKBFK8HB2PROD with BILLS 10 HR 2116 RFS (D) the Committee on Appropriations of 1 the House of Representatives. 2 (6) WAIVER.—Notification in accordance with 3 paragraph (5) may be waived if— 4 (A) notification by the deadline specified in 5 such paragraph would pose a substantial risk to 6 human health or welfare; and 7 (B) the congressional committees specified 8 in such paragraph— 9 (i) are notified not later than 3 days 10 after an obligation of amounts from the 11 Fund; and 12 (ii) are provided with an explanation 13 of the emergency circumstances that neces- 14 sitated such waiver. 15 (c) OTHER FUNDING AND COST MATCHING.—The 16 Global Fragility Initiative established pursuant to section 17 6— 18 (1) may be supported by funds other than 19 funds authorized to be appropriated pursuant to this 20 section; and 21 (2) shall seek to leverage funds from sources 22 other than the United States Government in order 23 to promote coordination and cost-matching to the 24 maximum extent practicable. 25 VerDate Sep 11 2014 23:07 May 21, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2116.RFS H2116 pamtmann on DSKBFK8HB2PROD with BILLS 11 HR 2116 RFS SEC. 5. SENSE OF CONGRESS REGARDING ASSISTANCE FOR 1 THE GLOBAL FRAGILITY INITIATIVE. 2 It is the sense of Congress that the President, the 3 Secretary of State, the Administrator of USAID, the Sec- 4 retary of Defense, and the heads of other relevant Federal 5 departments and agencies should work with the appro- 6 priate congressional committees to provide sufficient types 7 and levels of funding to— 8 (1) allow for more adaptive and responsive pol- 9 icy and program planning, implementation, and scal- 10 ing under the Global Fragility Initiative established 11 pursuant to section 6, including through more flexi- 12 ble funding mechanisms and exemptions from spe- 13 cific and minimum funding levels when such exemp- 14 tions would make such programs better able to re- 15 spond to local needs, the results of monitoring and 16 evaluation, or changed circumstances in relevant 17 countries; 18 (2) better integrate the initiative and other con- 19 flict and violence reduction objectives and activities 20 into other policy and program areas, where appro- 21 priate; and 22 (3) support transparent and accountable multi- 23 lateral funds, initiatives, and strategies to enhance 24 and better coordinate both private and public efforts 25 VerDate Sep 11 2014 23:07 May 21, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2116.RFS H2116 pamtmann on DSKBFK8HB2PROD with BILLS 12 HR 2116 RFS to stabilize conflict-affected areas and prevent vio- 1 lence and fragility globally. 2 SEC. 6. GLOBAL FRAGILITY INITIATIVE. 3 (a) IN GENERAL.— 4 (1) ESTABLISHMENT.—The Secretary of State, 5 in coordination with the Administrator of the United 6 States Agency for International Development 7 (USAID), the Secretary of Defense, the Atrocities 8 Prevention Board (or any successor entity), and the 9 heads of other relevant Federal departments and 10 agencies, shall, in accordance with subsection (b), es- 11 tablish an interagency initiative, to be referred to as 12 the ‘‘Global Fragility Initiative’’, to stabilize conflict- 13 affected areas and prevent violence and fragility 14 globally. 15 (2) STAKEHOLDER CONSULTATION.—The Glob- 16 al Fragility Initiative required under this subsection 17 shall be developed in consultation with representa- 18 tives of local civil society and national and local gov- 19 ernance entities, as well as relevant international de- 20 velopment organizations with experience imple- 21 menting programs in fragile and violence-affected 22 communities, multilateral organization [Text truncated for display. 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