[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8708 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8708

 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 HOUSE OF REPRESENTATIVES

                            August 12, 2022

 Mr. Malinowski (for himself, Ms. Cheney, Mr. Crow, and Mr. Wilson of 
 South Carolina) introduced the following bill; which was referred to 
                    the Committee on Foreign Affairs

_______________________________________________________________________

                                 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,

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).
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