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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3317 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 456
117th CONGRESS
  2d Session
                                S. 3317

 To strengthen United States national security through the defense of 
   democracy abroad and to address contemporary threats to democracy 
               around the world, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 6, 2021

 Mr. Coons (for himself and Mr. Graham) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

                             July 21, 2022

              Reported by Mr. Menendez, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
 To strengthen United States national security through the defense of 
   democracy abroad and to address contemporary threats to democracy 
               around the world, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Democracy 
in the 21st Century Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>Sec. 3. Program prioritization and democracy strategy.
<DELETED>Sec. 4. Authorities and limitation.
<DELETED>Sec. 5. Establishment of certain funds.
<DELETED>Sec. 6. Roles and responsibilities.
<DELETED>Sec. 7. Coordinators for democracy programs.
<DELETED>Sec. 8. Authorization of appropriations.

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Appropriations of the 
                Senate;</DELETED>
                <DELETED>    (B) the Committee on Foreign Relations of 
                the Senate;</DELETED>
                <DELETED>    (C) the Committee on Appropriations of the 
                House of Representatives; and</DELETED>
                <DELETED>    (D) the Committee on Foreign Affairs of 
                the House of Representatives.</DELETED>
        <DELETED>    (2) Democracy programs.--For purposes of funds 
        authorized to be appropriated by this Act, the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or 
        appropriated under any Act making appropriations for the 
        Department of State, foreign operations, and related programs, 
        the term ``democracy programs'' means programs that--</DELETED>
                <DELETED>    (A) support democratic governance 
                consistent with section 133(b) of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2152c(b)), and--
                </DELETED>
                        <DELETED>    (i) transparent, accountable, and 
                        democratic governance (including combating 
                        corruption);</DELETED>
                        <DELETED>    (ii) credible and competitive 
                        elections;</DELETED>
                        <DELETED>    (iii) freedom of expression 
                        (including countering disinformation and 
                        misinformation), association, assembly, and 
                        religion;</DELETED>
                        <DELETED>    (iv) human rights and labor 
                        rights;</DELETED>
                        <DELETED>    (v) independent media;</DELETED>
                        <DELETED>    (vi) internet freedom and digital 
                        rights and responsibilities; and</DELETED>
                        <DELETED>    (vii) the rule of law; 
                        or</DELETED>
                <DELETED>    (B) otherwise strengthen the capacity of 
                democratic political parties, nongovernmental 
                organizations and institutions, and citizens to support 
                the development of democratic states and institutions 
                that are responsive and accountable to 
                citizens.</DELETED>
        <DELETED>    (3) NED.--The term ``NED'' means the National 
        Endowment for Democracy.</DELETED>
        <DELETED>    (4) Relevant federal agencies.--The term 
        ``relevant Federal agencies'' means--</DELETED>
                <DELETED>    (A) the Department of State;</DELETED>
                <DELETED>    (B) the United States Agency for 
                International Development; and</DELETED>
                <DELETED>    (C) other Federal agencies that the 
                President determines are relevant for purposes of this 
                Act.</DELETED>
        <DELETED>    (5) USAID.--The term ``USAID'' means the United 
        States Agency for International Development.</DELETED>

<DELETED>SEC. 3. PROGRAM PRIORITIZATION AND DEMOCRACY 
              STRATEGY.</DELETED>

<DELETED>    (a) Findings.--Congress makes the following 
findings:</DELETED>
        <DELETED>    (1) Democracy has weakened around the world for at 
        least 15 consecutive years. In some places, authoritarian 
        leaders have deliberately chipped away at the pillars of 
        democracy; in others, rampant partisanship and disinformation 
        have pitted democratic electorates against themselves. In many 
        places, the People's Republic of China (PRC), the Federation of 
        Russia, and other states have found ways to encourage or 
        amplify these trends, including through the strategic use of 
        corruption.</DELETED>
        <DELETED>    (2) The erosion of global democracy fundamentally 
        undermines the national security of the United States. 
        Democracies consistently prove to be the most reliable 
        geopolitical allies and trading partners for the United States. 
        Democracies by any reasonable measure outperform non-
        democracies in delivering prosperity and good governance, and 
        in preventing instability and violent extremism. The erosion of 
        democracy in foreign countries threatens the United States at 
        home, because the threats democracy faces around the world 
        (including disinformation, hyperpolarization, election 
        meddling, weaponized corruption, digital repression, and 
        attacks on independent media) respect no national boundary. If 
        left unaddressed overseas, this democratic erosion will 
        threaten American democracy at home.</DELETED>
        <DELETED>    (3) More generally, the competition between 
        democracies and autocracies has again become an animating 
        feature of global politics, with authoritarian powers (often 
        with support from the PRC or Russia) using their resources, 
        influence, and technology to undermine and interfere in 
        democratic processes and co-opt public officials.</DELETED>
        <DELETED>    (4) The current approach of the United States 
        Government to supporting global democracy must be updated to 
        meet today's challenges. The survival of the democratic project 
        will always depend on free and fair elections, strong 
        democratic institutions, the rule of law, and an empowered 
        civil society. The United States Government must also establish 
        new authorities and resources to address contemporary threats 
        to democracy, including malign foreign interference, 
        transnational corruption, and digital 
        authoritarianism.</DELETED>
<DELETED>    (b) Program Prioritization.--The United States Government 
should prioritize democracy programs that--</DELETED>
        <DELETED>    (1) advance democracy worldwide, including during 
        a country's transition to democracy, a consolidation of 
        democracy following such a transition, and democratic 
        backsliding in a country;</DELETED>
        <DELETED>    (2) support democracy and democratic activists in 
        closed and repressive societies, including defending their 
        human rights;</DELETED>
        <DELETED>    (3) counter the malign influence of the PRC, the 
        Federation of Russia, and other authoritarian 
        governments;</DELETED>
        <DELETED>    (4) counter corruption and kleptocracy, including 
        by enhancing transparent, accountable, and responsive 
        governance;</DELETED>
        <DELETED>    (5) promote and protect independent media, civil 
        society activists, writers, artists, and 
        intellectuals;</DELETED>
        <DELETED>    (6) counter misinformation and disinformation of 
        all kinds, but especially in the digital domain;</DELETED>
        <DELETED>    (7) counter authoritarian abuse of technology, and 
        prevent manipulation--especially through digital means--of 
        elections, electoral data, and critical 
        infrastructure;</DELETED>
        <DELETED>    (8) combat digital authoritarianism, including the 
        use of the internet and other digital technologies to undermine 
        human rights;</DELETED>
        <DELETED>    (9) promote internet freedom and the use of 
        technology that furthers democracy and human rights;</DELETED>
        <DELETED>    (10) counter transnational repression and the 
        extra-territorial extension of repressive measures, as well as 
        the increasing use of arbitrary detention;</DELETED>
        <DELETED>    (11) respond rapidly to democratic openings or 
        backsliding;</DELETED>
        <DELETED>    (12) promote civic education, voter education, and 
        enhanced citizen participation in democratic 
        processes;</DELETED>
        <DELETED>    (13) seek to ensure the integrity of elections 
        abroad; and</DELETED>
        <DELETED>    (14) establish and promote democracy partnerships 
        to maximize support to a country where a democratic opening is 
        underway or the respective government is a genuine partner for 
        democratic reform.</DELETED>
<DELETED>    (c) Strategy.--Not later than 120 days after the date of 
the enactment of this Act, the President shall submit to Congress a 
comprehensive strategy to promote democracy abroad. The strategy shall 
encompass a whole of government approach to such efforts, and include 
detailed information on funding, goals and objectives, and 
oversight.</DELETED>

<DELETED>SEC. 4. AUTHORITIES AND LIMITATION.</DELETED>

<DELETED>    (a) Availability.--Funds that are authorized to be 
appropriated pursuant to the National Endowment for Democracy Act (22 
U.S.C. 4412) or appropriated under any Act making appropriations for 
the Department of State, foreign operations, and related programs for 
the National Endowment for Democracy may be made available 
notwithstanding any other provision of law and any 
regulation.</DELETED>
<DELETED>    (b) Beneficiaries.--Funds that are made available by this 
Act for the NED are made available pursuant to the authority of the 
National Endowment for Democracy Act (title V of Public Law 98-164), 
including all decisions regarding the selection of 
beneficiaries.</DELETED>
<DELETED>    (c) Restrictions on Foreign Government Interference.--
</DELETED>
        <DELETED>    (1) Prior approval.--With respect to the provision 
        of assistance for democracy programs by relevant Federal 
        agencies, the organizations implementing such assistance, the 
        specific nature of that assistance, and the participants in 
        such programs shall not be subject to the prior approval by the 
        government of any foreign country.</DELETED>
        <DELETED>    (2) Disclosure of implementing partner 
        information.--If the Secretary of State, in consultation with 
        the Administrator of the United States Agency for International 
        Development, determines that the government of a country is 
        undemocratic or has engaged in gross violations of human 
        rights, any new bilateral agreement governing the terms and 
        conditions under which assistance is provided to such a country 
        shall not require the disclosure of the names of implementing 
        partners of democracy programs, and the Secretary of State and 
        the Administrator of the United States Agency for International 
        Development shall expeditiously seek to negotiate amendments to 
        existing bilateral agreements, as necessary, to conform to this 
        requirement.</DELETED>
        <DELETED>    (3) Reporting requirement.--The Secretary of 
        State, in coordination with the USAID Administrator, shall 
        submit a report to the appropriate congressional committees, 
        not later than January 31, 2022, and annually thereafter until 
        September 30, 2026, detailing steps taken by the Department of 
        State and USAID to comply with the requirements of this 
        subsection.</DELETED>
<DELETED>    (d) Information Sharing.--The Assistant Secretary for 
Democracy, Human Rights, and Labor of the Department of State and the 
Assistant Administrator for Development, Democracy, and Innovation of 
USAID shall regularly inform the NED of democracy programs that are 
planned and supported by such agencies, and the NED President shall 
regularly inform such Secretary and Administrator of programs that are 
planned and supported by the NED, consistent with the requirements of 
section 505 of the National Endowment for Democracy Act (22 U.S.C. 
4414).</DELETED>
<DELETED>    (e) Digital Security.--Democracy programs supported by 
funds authorized to be appropriated pursuant to section 8 should 
include a component on digital security to enhance the security and 
safety of implementers and beneficiaries, including, as appropriate, 
assistance for civil society organizations to counter government 
surveillance, censorship, and repression by digital means.</DELETED>

<DELETED>SEC. 5. ESTABLISHMENT OF CERTAIN FUNDS.</DELETED>

<DELETED>    (a) Fund To Defend Democracy Globally.--</DELETED>
        <DELETED>    (1) Establishment.--The Secretary of State and the 
        Administrator of the United States Agency for International 
        Development, following consultation with the appropriate 
        congressional committees, may each establish a Fund to Defend 
        Democracy Globally, which may accept contributions from other 
        international donors and the private sector. The Secretary and 
        the Administrator shall regularly coordinate programs and 
        activities supported by each respective Fund.</DELETED>
        <DELETED>    (2) Purpose.--The purpose of such Funds is to 
        support programs that--</DELETED>
                <DELETED>    (A) strengthen and enhance the Department 
                of State and USAID's ability to respond quickly and 
                flexibly to democratic openings and 
                backsliding;</DELETED>
                <DELETED>    (B) assist fledgling or struggling 
                democracies deliver services and meet expectations for 
                their populations through a full range of development 
                assistance from the United States and other 
                international donors, in consultation and coordination 
                with the governments of such democracies, in order to 
                further reforms and strategies identified by such 
                governments through consultation with respective civil 
                societies;</DELETED>
                <DELETED>    (C) support, in cooperation with other 
                international donors and in consultation with 
                nongovernmental organizations, independent and public 
                interest media worldwide to help such media resist the 
                overlapping challenges of authoritarian encroachment, 
                threats to their financial viability, and litigation 
                and regulatory environments meant to undercut their 
                ability to operate;</DELETED>
                <DELETED>    (D) center democratic values and human 
                rights in current and emerging technologies, and 
                counter efforts by authoritarian governments to 
                surveil, censor, or otherwise repress populations by 
                digital means, including through programs that--
                </DELETED>
                        <DELETED>    (i) counter 
                        disinformation;</DELETED>
                        <DELETED>    (ii) establish an initiative to be 
                        housed at USAID to help countries around the 
                        world implement governing regulations for the 
                        procurement and use of technology consistent 
                        with democratic and human rights norms and 
                        standards;</DELETED>
                        <DELETED>    (iii) provide ``digital public 
                        goods'' to reduce the appeal of authoritarian-
                        leaning technologies to cash-strapped 
                        countries;</DELETED>
                        <DELETED>    (iv) provide education on digital 
                        literacy to key populations; and</DELETED>
                        <DELETED>    (v) support the ongoing 
                        prioritization of democratic values in 
                        technological development in the years to come; 
                        and</DELETED>
                <DELETED>    (E) establish an international coalition 
                of governmental and nongovernmental actors dedicated to 
                preserving election integrity by providing funds to 
                deter or combat external influence in elections abroad, 
                including cyber intrusion, disinformation, and other 
                threats, and assist elections to meet coalition-defined 
                standards of electoral integrity.</DELETED>
        <DELETED>    (3) Authorization of appropriations.--Of the funds 
        authorized to be appropriated pursuant to section 8, not less 
        than $20,000,000, to remain available until expended, should be 
        made available for each Fund established under this 
        subsection.</DELETED>
<DELETED>    (b) Fund To Combat Corruption and Kleptocracy.--</DELETED>
        <DELETED>    (1) Establishment.--The USAID Administrator, 
        following consultation with the appropriate congressional 
        committees, may establish a Fund to Combat Corruption and 
        Kleptocracy abroad.</DELETED>
        <DELETED>    (2) Contributions.--The Fund may accept 
        contributions from other international donors and the private 
        sector, and provide contributions to multilateral 
        organizations.</DELETED>
        <DELETED>    (3) Purposes.--The purposes of the Fund are to 
        support efforts by foreign governments, civil society, and the 
        private sector to combat corruption and kleptocracy abroad, 
        including through efforts that--</DELETED>
                <DELETED>    (A) enhance government transparency, 
                accountability, and responsiveness across development 
                sectors;</DELETED>
                <DELETED>    (B) improve detection and exposure of 
                corruption crimes, including those that cross 
                borders;</DELETED>
                <DELETED>    (C) expand investigations and prosecutions 
                of corrupt acts and hold corrupt actors 
                accountable;</DELETED>
                <DELETED>    (D) strengthen norms and standards at the 
                local, national, regional, and international levels; 
                and</DELETED>
                <DELETED>    (E) augment cooperation with the private 
                sector and key industries to root out corruption that 
                harms competitiveness, economic growth, and development 
                and taints critical supply chains.</DELETED>
        <DELETED>    (4) Authorization of appropriations.--Of the funds 
        authorized to be appropriated pursuant to section 8, not less 
        than $20,000,000, to remain available until expended, should be 
        made available for the Fund.</DELETED>
<DELETED>    (c) Democracy Research and Development Fund.--</DELETED>
        <DELETED>    (1) Establishment.--The Administrator of the 
        United States Agency for International Development, following 
        consultation with the appropriate congressional committees, may 
        establish a Democracy Research and Development Fund.</DELETED>
        <DELETED>    (2) Contributions.--The Fund may accept 
        contributions from other international donors and the private 
        sector, and provide contributions to multilateral 
        organizations.</DELETED>
        <DELETED>    (3) Purposes.--The purposes of the Fund are to--
        </DELETED>
                <DELETED>    (A) support research and development by 
                the Department of State, USAID, and NED on policies, 
                programs, and technologies relating to democracy 
                promotion abroad;</DELETED>
                <DELETED>    (B) drive innovation within those entities 
                regarding the response to democratic backsliding; 
                and</DELETED>
                <DELETED>    (C) incentivize collaboration among 
                government, nongovernmental organizations, and the 
                private sector with the objective of identifying and 
                mitigating the threats to global democracy.</DELETED>
        <DELETED>    (4) Reports from the coordinators for democracy 
        programs and the national endowment for democracy.--Not later 
        than 180 days after enactment of this Act, and annually 
        thereafter until September 30, 2026, the Coordinators for 
        Democracy Programs established pursuant to section 7 and the 
        President of the National Endowment for Democracy shall each 
        submit to the appropriate congressional committees a report 
        detailing research and development programs supported by the 
        Department of State, USAID, and NED during the prior fiscal 
        year. The report may be accompanied by a classified annex, if 
        necessary.</DELETED>
        <DELETED>    (5) Authorization of appropriations.--Of the funds 
        authorized to be appropriated by section 8, $15,000,000, to 
        remain available until expended, should be made available for 
        the Fund.</DELETED>

<DELETED>SEC. 6. ROLES AND RESPONSIBILITIES.</DELETED>

<DELETED>    Funds authorized to be appropriated pursuant to section 8 
should be made available as follows, consistent with the overall 
strategic direction and capabilities of the Department of State and 
USAID:</DELETED>
        <DELETED>    (1) For the Department of State, such funds should 
        be the responsibility of the Assistant Secretary of State for 
        Democracy, Human Rights, and Labor, except for funds provided 
        to NED. Such funds shall be made available as grants and should 
        have as their primary purpose democracy programs that are 
        flexible, innovative, and responsive to--</DELETED>
                <DELETED>    (A) current human rights abuses and 
                democracy deficiencies as documented in the annual 
                Country Report on Human Rights Practices required by 
                sections 116(d) and 502B(b) of the Foreign Assistance 
                Act of 1961 (22 U.S.C. 2151n(d), 2304(b)); 
                and</DELETED>
                <DELETED>    (B) emerging opportunities and sudden 
                crises.</DELETED>
        <DELETED>    (2) For USAID, such funds should have as their 
        primary purpose flexible, innovative, and responsive democracy 
        programs that are development-oriented, often coordinated 
        through a Country Development Cooperation Strategy, and 
        conducted in countries where a USAID Mission is present or 
        where a USAID Mission in a neighboring country can run such 
        programs effectively. Such programs should, as appropriate, 
        build local capacity with an eye to persistent multi-year 
        efforts, incorporate democracy programming into a larger 
        development strategy, and emphasize locally led programs when 
        possible. Funds made available for civil society and political 
        competition and consensus building programs abroad shall be 
        provided in a manner that recognizes the benefits of grants and 
        cooperative agreements in implementing such programs.</DELETED>
        <DELETED>    (3) In cases where both the Department of State 
        and USAID are able to respond to emerging opportunities and 
        sudden crises, including in closed and repressive societies, 
        the Coordinators of Democracy Programs established pursuant to 
        section 7 shall coordinate their respective programs, including 
        at the country level, to ensure complementarity and prevent 
        waste or redundancy.</DELETED>

<DELETED>SEC. 7. COORDINATORS FOR DEMOCRACY PROGRAMS.</DELETED>

<DELETED>    The Assistant Secretary of State for Democracy, Human 
Rights, and Labor of the Department of State and the Assistant 
Administrator for Development, Democracy, and Innovation shall serve 
concurrently as the Coordinators for Democracy Programs, and as 
Coordinators shall--</DELETED>
        <DELETED>    (1) coordinate democracy policy and programs 
        across relevant Federal agencies, at diplomatic facilities 
        abroad, and with the NED regarding the safety, efficacy, and 
        best practices of democracy programs abroad;</DELETED>
        <DELETED>    (2) engage international partners, including 
        foreign governments, civil society, and democracy activists, in 
        addressing the advancement of democracy abroad; and</DELETED>
        <DELETED>    (3) serve as the primary United States 
        representatives at international fora on matters relating to 
        democracy programs.</DELETED>

<DELETED>SEC. 8. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) Democracy Programs.--There are authorized to be 
appropriated for democracy programs in each of fiscal years 2022, 2023, 
2024, 2025, and 2026, to remain available until expended, 
$3,000,000,000, including for new Presidential initiatives regarding 
democracy promotion abroad.</DELETED>
<DELETED>    (b) Administration of Department of State Democracy 
Programs.--Of the funds authorized to be appropriated by this section 
that are made available for the Bureau of Democracy, Human Rights, and 
Labor of the Department of State, up to 15 percent may be made 
available for the administration of democracy programs by such Bureau 
in each of fiscal years 2022, 2023, 2024, 2025, and 2026, including for 
the hiring of additional personnel following consultation with the 
appropriate congressional committees. Such funds are in addition to 
funds otherwise made available for such purposes.</DELETED>
<DELETED>    (c) Administration of USAID Democracy Programs.--Of the 
funds authorized to be appropriated by this section that are made 
available for the Bureau for Development, Democracy, and Innovation, 
USAID, up to 15 percent may be made available for the administration of 
democracy programs by such Bureau in each of fiscal years 2022, 2023, 
2024, 2025, and 2026, including for the hiring of additional personnel 
following consultation with the appropriate congressional committees. 
Such funds are in addition to funds otherwise made available for such 
purposes.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Madeleine K. 
Albright Democracy in the 21st Century Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Program prioritization and democracy strategy.
Sec. 4. Authorities and limitation.
Sec. 5. Establishment of the Democracy in the 21st Century Fund.
Sec. 6. Roles and responsibilities.
Sec. 7. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Appropriations of the Senate;
                    (B) the Committee on Foreign Relations of the 
                Senate;
                    (C) the Committee on Appropriations of the House of 
                Representatives; and
                    (D) the Committee on Foreign Affairs of the House 
                of Representatives.
            (2) Civil and political rights.--The term ``civil and 
        political rights'' means the equal and inalienable rights of 
        all members of the human family as provided for in the 
        International Covenant on Civil and Political Rights, done in 
        New York December 16, 1966.
            (3) Democracy programs.--For purposes of funds authorized 
        to be appropriated by this Act, the Foreign Assistance Act of 
        1961 (22 U.S.C. 2151 et seq.), or appropriated under any Act 
        making appropriations for the Department of State, foreign 
        operations, and related programs, the term ``democracy 
        programs'' means programs that, consistent with section 133(b) 
        of the Foreign Assistance Act of 1961 (22 U.S.C. 2152c(b)) and 
        the International Covenant on Civil and Political Rights, done 
        at New York December 16, 1966, support--
                    (A) good governance;
                    (B) credible and competitive elections;
                    (C) freedom of expression, association, assembly, 
                and religion;
                    (D) human rights, labor rights, independent media, 
                and the rule of law; and
                    (E) otherwise strengthen the capacity of democratic 
                political parties, governments, nongovernmental 
                organizations and institutions, and citizens to support 
                the development of democratic states and institutions 
                that are responsive and accountable to citizens.
            (4) NED.--The term ``NED'' means the National Endowment for 
        Democracy.
            (5) Relevant federal departments and agencies.--The term 
        ``relevant Federal departments and agencies'' means--
                    (A) the Department of State;
                    (B) the United States Agency for International 
                Development; and
                    (C) other Federal agencies that the President 
                determines are relevant for purposes of this Act.
            (6) USAID.--The term ``USAID'' means the United States 
        Agency for International Development.

SEC. 3. PROGRAM PRIORITIZATION AND DEMOCRACY STRATEGY.

    (a) Program Prioritization .--As the global leader in promoting and 
advancing democratic principles, the United States Government should 
prioritize democracy programs that--
            (1) align and are coordinated with diplomatic and security 
        strategies for a given country or region;
            (2) advance democracy worldwide, including during a 
        country's transition to democracy and the consolidation of 
        democracy following such a transition, and address democratic 
        backsliding in a country;
            (3) support democracy and democratic voices in closed and 
        repressive societies, including those defending the exercise of 
        civil and political rights;
            (4) counter the malign influence of the People's Republic 
        of China, the Russian Federation, and other authoritarian 
        governments;
            (5) counter corruption and kleptocracy, including by 
        enhancing transparent, accountable, and responsive governance;
            (6) promote and protect independent media, civil society 
        activists, writers, artists, and intellectuals;
            (7) counter misinformation and disinformation, but 
        especially in the digital domain;
            (8) counter authoritarian abuse of technology, and prevent 
        manipulation--especially through digital means--of elections, 
        electoral data, and critical electoral infrastructure;
            (9) combat digital authoritarianism, including the use of 
        the internet and other digital technologies to restrict the 
        exercise of civil and political rights;
            (10) promote internet freedom and the use of technology 
        that furthers democracy and the exercise of civil and political 
        rights;
            (11) counter transnational repression and the extra-
        territorial extension of repressive measures, as well as the 
        increasing use of arbitrary detention;
            (12) respond rapidly to democratic openings or backsliding, 
        and adapt to evolving dynamics on the ground;
            (13) promote civic education, voter education, and enhanced 
        citizen participation in democratic processes;
            (14) protect the civil and political rights of religious 
        and ethnic minorities;
            (15) seek to ensure the integrity of elections abroad; and
            (16) establish and promote democracy partnerships to 
        maximize support to a country where a democratic opening is 
        underway or the respective government is a genuine partner for 
        democratic reform.
    (b) Strategy.--Not later than 120 days after the date of the 
enactment of this Act, the President shall submit to Congress a 
comprehensive strategy to promote democracy abroad that is informed by 
extensive consultations with the local actors impacted by such 
programs. The strategy shall encompass a whole of government approach 
to such efforts, and include detailed information on funding, goals and 
objectives, and oversight.

SEC. 4. AUTHORITIES AND LIMITATION.

    (a) Beneficiaries.--Funds that are made available by this Act for 
the National Endowment for Democracy are made available pursuant to the 
authority of the National Endowment for Democracy Act (title V of 
Public Law 98-164), including all decisions regarding the selection of 
beneficiaries.
    (b) Restrictions on Foreign Government Interference.--
            (1) Prior approval.--With respect to the provision of 
        assistance for democracy programs by relevant Federal 
        departments and agencies, the organizations implementing such 
        assistance, the specific nature of that assistance, and the 
        participants in such programs shall not be subject to the prior 
        approval by the government of any foreign country.
            (2) Disclosure of implementing partner information.--If the 
        Secretary of State, in consultation with the Administrator of 
        the United States Agency for International Development, 
        determines that the government of a country is undemocratic or 
        has engaged in gross violations of civil and political rights, 
        any new bilateral agreement governing the terms and conditions 
        under which assistance is provided to such a country shall not 
        require the disclosure of the names of implementing partners of 
        democracy programs, and the Secretary of State and the USAID 
        Administrator shall expeditiously seek to negotiate amendments 
        to existing bilateral agreements, as necessary, to conform to 
        this requirement.
            (3) Reporting requirement.--The Secretary of State, in 
        coordination with the USAID Administrator, shall submit a 
        report to the appropriate congressional committees, not later 
        than 180 days after the date of the enactment of this Act, and 
        annually thereafter until September 30, 2026, detailing steps 
        taken by the Department of State and USAID to comply with the 
        requirements of this subsection.
    (c) Protecting Implementing Partners.--
            (1) In general.--Where it is determined by the Secretary of 
        State, in consultation with the USAID Administrator, or the NED 
        President, as appropriate, that a country is undemocratic or 
        has engaged in gross violations of civil and political rights, 
        the names of implementing persons and organizations of 
        democracy activities and programs supported by the Department 
        of State, USAID, or NED shall not be required under section 552 
        of title 5, United States Code (commonly referred to as the 
        ``Freedom of Information Act'').
            (2) Reporting requirement.--Not later than 180 days after 
        the date of the enactment of this Act, the NED President shall 
        submit a report to the appropriate committees on the uses of 
        the authority provided in paragraph (1) on a case-by-case 
        basis, which shall be updated every 180 days thereafter.
    (d) Information Sharing.--The Secretary of State and the USAID 
Administrator shall regularly inform the NED President of democracy 
programs that are planned and supported by such agencies, and the NED 
President shall regularly inform such Secretary and Administrator of 
programs that are planned and supported by the NED, consistent with the 
requirements of section 505(b) of the National Endowment for Democracy 
Act (22 U.S.C. 4414(b)).
    (e) Digital Security.--Democracy programs supported by funds 
authorized to be appropriated pursuant to section 7 should include a 
component on digital security to enhance the security and safety of 
implementers and beneficiaries, including, as appropriate, assistance 
for civil society organizations to counter government surveillance, 
censorship, and repression by digital means.
    (f) Audits.--Section 504(g) of the National Endowment for Democracy 
Act (22 U.S.C. 4413(g)) is amended by striking ``United States 
Information Agency'' and inserting ``Department of State Office of 
Inspector General''.

SEC. 5. ESTABLISHMENT OF THE DEMOCRACY IN THE 21ST CENTURY FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``Democracy in the 21st Century 
Fund'' (in this subsection referred to as ``the Fund''), to be 
administered by the Secretary of State, following consultation with the 
Administrator of the United States Agency for International Development 
and the appropriate congressional committees, consisting of amounts 
authorized to be appropriated by section 7, to advance the 
comprehensive strategy under section 3, including the programs of the 
Department of State, USAID, and the National Endowment for Democracy 
described in subsections (b), (c), (d), and (e).
    (b) Defending Democracy Globally.--The Secretary of State, in 
coordination with the USAID Administrator and in consultation with the 
appropriate congressional committees, shall establish a program to 
defend democracy globally by--
            (1) strengthening and enhancing the Department of State and 
        USAID's ability to respond quickly and flexibly to democratic 
        openings and backsliding;
            (2) assisting fledgling or struggling democracies deliver 
        services and meet expectations for their populations, in 
        consultation and coordination with the governments of such 
        democracies, in order to further reforms and strategies 
        identified by such governments through consultation with 
        respective civil societies;
            (3) supporting, in cooperation with other international 
        donors and in consultation with nongovernmental organizations, 
        independent and public interest media worldwide to help such 
        media resist the overlapping challenges of authoritarian 
        encroachment, threats to their financial viability, and 
        litigation and regulatory environments meant to undercut their 
        ability to operate;
            (4) centering democratic values and the promotion of civil 
        and political rights in current and emerging technologies, and 
        countering efforts by authoritarian governments to surveil, 
        censor, or otherwise repress populations by digital means, 
        including through programs that--
                    (A) counter disinformation;
                    (B) establish an initiative to help countries 
                around the world implement governing regulations for 
                the procurement and use of technology consistent with 
                civil and political rights;
                    (C) provide ``digital public goods'' to reduce the 
                appeal of authoritarian-leaning technologies to cash 
                strapped countries;
                    (D) provide education on digital literacy to key 
                populations; and
                    (E) support the ongoing prioritization of 
                democratic values in technological development in the 
                years to come;
            (5) establishing international coalitions of governmental 
        and nongovernmental actors dedicated to coordinating messaging, 
        technical assistance programming, and rules-based governance 
        approaches related to issues that impact democracy, 
        particularly coalitions focused on--
                    (A) preserving election integrity by assisting 
                elections to meet coalition-defined standards of 
                electoral integrity and deterring or combating external 
                influence in elections abroad, including cyber 
                intrusion, disinformation, and other threats; and
                    (B) protecting supply chains from being tainted by 
                the products of forced labor; and
            (6) supporting human rights defenders, democracy advocates 
        at risk, writers, artists, and others who were forced to flee 
        repression in their home countries so that they can safely 
        continue their activism in exile.
    (c) Combating Corruption and Kleptocracy.--The Secretary of State, 
in coordination with the USAID Administrator and in consultation with 
the appropriate congressional committees, shall establish a program to 
support efforts by foreign governments, civil society, and the private 
sector to combat corruption and kleptocracy abroad, including through 
efforts that--
            (1) enhance government transparency, accountability, and 
        responsiveness across relevant sectors;
            (2) improve detection and exposure of corruption crimes, 
        including those that cross borders, improve citizen oversight 
        and advocacy, protect free expression and civic activism, and 
        bolster investigative journalism and media independence;
            (3) expand investigations and prosecutions of corrupt acts 
        and hold corrupt actors accountable, and assist in the adoption 
        and implementation of anticorruption preventive measures and 
        promotion of good governance and public administration;
            (4) build effective, impartial judiciaries;
            (5) address corruption in key sectors, whether at the level 
        of delivery of services to citizens, important governmental 
        processes such as procurement, or priority economic sectors;
            (6) strengthen democratic norms and standards at the local, 
        national, regional, and international levels;
            (7) augment cooperation with the private sector and key 
        industries to root out corruption that harms competitiveness, 
        economic growth, and development and taints critical supply 
        chains;
            (8) strengthen cross-sectoral collaboration among 
        nongovernmental organizations essential to combatting well-
        resourced transnational kleptocratic networks;
            (9) address corrosive capital and the strategic use of 
        corruption by authoritarian states to undermine democracy and 
        good governance;
            (10) provide essential skills and resources to civil 
        society and media to counter corruption and address the weak 
        governance and poor human rights conditions that cultivate 
        corruption; and
            (11) foster public demand for accountable and transparent 
        government.
    (d) Democracy Research and Development.--The Secretary of State, in 
consultation with the USAID Administrator and in consultation with the 
appropriate congressional committees, shall establish a program for 
democracy research and development that--
            (1) supports research and development by the Department of 
        State, USAID, and the NED on policies, programs, and 
        technologies relating to democracy programs;
            (2) drives innovation within those entities regarding the 
        response to complex, multidimensional challenges to democracy, 
        including combatting transnational kleptocracy, mitigating 
        hyper-polarization, countering malign authoritarian influence, 
        and leveraging emerging technology for democracy;
            (3) incentivizes collaboration among government, 
        nongovernmental organizations, and the private sector with the 
        objective of identifying and mitigating threats to global 
        democracy; and
            (4) identifies lessons learned and best practices for 
        democracy programs and diplomatic approaches to create feedback 
        loops and shape future evidence-based programming and 
        diplomacy.
    (e) Fellowships for Democracy Advocates at Risk.--The NED is 
authorized to expand the Reagan-Fascell Democracy Fellows Program to 
provide additional fellowships, including in partnership with other 
institutions and organizations, to support democracy advocates at risk.
    (f) Leveraging.--Pursuant to sections 607 and 632 of the Foreign 
Assistance Act of 1961 (22 17 U.S.C. 2357, 2392), and after 
consultation with the appropriate congressional committees, the 
Secretary of State is authorized to establish mechanisms under the Fund 
to partner with other donors and private sector partners to carry out 
the purposes of this section.
    (g) Funding Transparency.--Concurrent with the submission of the 
report required by section 653(a) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2413(a)), the Secretary of State shall submit to the 
appropriate congressional committees a detailed accounting of any funds 
programmed pursuant to the authorities under subsection (f) during the 
prior fiscal year.
    (h) Notification Requirements.--Not later than 15 days prior to the 
obligation of funds authorized to be appropriated for the Fund and the 
programs established under this section, the Secretary of State and the 
USAID Administrator, as appropriate, shall notify the appropriate 
congressional committees of the intended uses of such funds.
    (i) Reporting Requirement.--Not later than 60 days after the date 
of the enactment of this Act, and annually thereafter through fiscal 
year 2027, the Secretary of State, the USAID Administrator, and the NED 
President, as appropriate, shall submit reports to the appropriate 
congressional committees detailing the uses of funds made available to 
the Fund pursuant to this Act.

SEC. 6. ROLES AND RESPONSIBILITIES.

    Funds authorized to be appropriated pursuant to section 7 should be 
made available as follows, consistent with the overall strategic 
direction and capabilities of the Department of State and the United 
States Agency for International Development:
            (1) For the Department of State, such funds should be the 
        responsibility of the Assistant Secretary of State for 
        Democracy, Human Rights, and Labor, except for funds provided 
        to the NED. Such funds shall be made available as grants and 
        should have as their primary purpose democracy programs that 
        are incorporated into a larger diplomatic strategy and are 
        flexible, innovative, and responsive to--
                    (A) current human rights abuses and democracy 
                deficiencies as documented in the annual Country Report 
                on Human Rights Practices required by sections 116(d) 
                and 502B(b) of the Foreign Assistance Act of 1961 (22 
                U.S.C. 2151n(d), 2304(b)); and
                    (B) emerging opportunities and sudden crises.
            (2) For USAID, such funds should have as their primary 
        purpose flexible, innovative, and responsive democracy programs 
        that are development-oriented, often coordinated through a 
        Country Development Cooperation Strategy, and conducted in 
        countries where a USAID Mission is present or a where a USAID 
        Mission in a neighboring country can manage and oversee such 
        programs effectively. Such programs should, as appropriate, 
        build enduring local capacity, incorporate democracy 
        programming into a larger development and diplomatic strategy, 
        and emphasize participatory and locally led programs when 
        possible. Funds made available for civil society and political 
        competition and consensus building programs abroad shall be 
        provided in a manner that recognizes the benefits of grants and 
        cooperative agreements in implementing such programs.
            (3) In cases where both the Department of State and USAID 
        are able to respond to emerging opportunities and sudden 
        crises, including in closed and repressive societies, the 
        Secretary of State and the USAID Administrator shall coordinate 
        their respective programs, including at the country level, to 
        ensure complementarity and prevent waste or redundancy.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Programs.--
            (1) In general.--There is authorized to be appropriated for 
        the democracy programs of the Department of State and the 
        United States Agency for International Development in each of 
        fiscal years 2023 through 2027, $2,900,000,000, to remain 
        available until expended.
            (2) Democracy in the 21st century fund.--Of the funds 
        authorized to be appropriated by paragraph (1), the following 
        amounts are authorized to be appropriated in each of fiscal 
        years 2023 through 2027 for the Democracy in the 21st Century 
        Fund established under section 5:
                    (A) $20,000,000 in each such fiscal year is 
                authorized to be appropriated for the Defending 
                Democracy Globally program under section 5(b), of which 
                not more than $10,000,000 may be administered by the 
                USAID Administrator.
                    (B) $50,000,000 in each such fiscal year is 
                authorized to be appropriated for the Combating 
                Corruption and Kleptocracy program under section 5(c).
                    (C) $15,000,000 in each such fiscal year is 
                authorized to be appropriated for the Democracy 
                Research and Development program under section 5(d), 
                which shall be allocated equally between the Department 
                of State, USAID, and the National Endowment for 
                Democracy.
                    (D) $5,000,000 in each such fiscal year is 
                authorized to be appropriated for the Reagan-Fascell 
                Democracy Fellows Program for additional fellowships 
                for democracy advocates at risk.
            (3) Democracy fund.--
                    (A) In general.--Of the funds authorized to be 
                appropriated by paragraph (1), there is authorized to 
                be appropriated $340,700,000 for each of fiscal years 
                2023 through 2027 to carry out activities under part 1 
                and chapter 4 of part II of the Foreign Assistance Act 
                of 1961 (22 U.S.C. 2151 et seq., 22 U.S.C. 2346 et 
                seq.) and paragraphs (3) and (5) of section 502(b) of 
                the National Endowment for Democracy Act (22 U.S.C. 
                4411(b)), for the promotion of democracy globally, 
                which shall be made available to the Bureau of 
                Democracy, Human Rights, and Labor of the Department of 
                State and the Bureau for Development, Democracy, and 
                Innovation of the United States Agency for 
                International Development.
                    (B) Additional amounts.--Funds authorized to be 
                made available to the National Endowment for Democracy 
                and its core institutes under this paragraph are in 
                addition to amounts otherwise authorized to be 
                appropriated by this Act for such purposes.
    (b) Restrictions.--Federal funds made available to any individual, 
private entity, or any other nonprofit organization pursuant to this 
Act shall be subject to the restrictions and prohibitions of section 
1352 of title 31, United States Code.
    (c) Administration of Department of State Democracy Programs.--Of 
the funds authorized to be appropriated by this section that are made 
available for the Bureau of Democracy, Human Rights, and Labor of the 
Department of State, up to 15 percent may be made available for the 
administration of democracy programs by such Bureau in each of fiscal 
years 2023 through 2027, including for the hiring of additional 
personnel following consultation with the appropriate congressional 
committees. Such funds are in addition to funds otherwise made 
available for such purposes.
    (d) Administration of USAID Democracy Programs.--Of the funds 
authorized to be appropriated by this section that are made available 
for USAID, up to 15 percent may be made available for the 
administration of democracy programs by the agency in each of fiscal 
years 2023 through 2027, including for the hiring of additional 
personnel following consultation with the appropriate congressional 
committees. Such funds are in addition to funds otherwise made 
available for such purposes.
    (e) National Endowment for Democracy.--In addition to amounts 
authorized to be appropriated under subsection (a), there are 
authorized to be appropriated for NED $325,000,000 for fiscal year 
2023, $350,000,000 for fiscal year 2024, $375,000,000 for fiscal year 
2025, $400,000,000 for fiscal year 2026, and $425,000,000 for fiscal 
year 2027, including amounts to be allocated in the traditional and 
customary manner, to counter transnational threats to democracy, as 
well as to support and sustain democratic growth abroad, consistent 
with section 503 of the National Endowment for Democracy Act (22 U.S.C. 
4412).
                                                       Calendar No. 456

117th CONGRESS

  2d Session

                                S. 3317

_______________________________________________________________________

                                 A BILL

 To strengthen United States national security through the defense of 
   democracy abroad and to address contemporary threats to democracy 
               around the world, and for other purposes.

_______________________________________________________________________

                             July 21, 2022

                       Reported with an amendment
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