98 HR 8708 IH: Madeleine K. Albright Democracy in the 21st Century Act
U.S. House of Representatives
2022-08-12
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EN
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I
117th CONGRESS
2d Session
H. R. 8708
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.
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.
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.
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.
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”.
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.
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.
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).