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

<DOC>






117th CONGRESS
  1st 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

_______________________________________________________________________

                                 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 ``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 certain funds.
Sec. 6. Roles and responsibilities.
Sec. 7. Coordinators for democracy programs.
Sec. 8. 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) 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--
                    (A) support democratic governance consistent with 
                section 133(b) of the Foreign Assistance Act of 1961 
                (22 U.S.C. 2152c(b)), and--
                            (i) transparent, accountable, and 
                        democratic governance (including combating 
                        corruption);
                            (ii) credible and competitive elections;
                            (iii) freedom of expression (including 
                        countering disinformation and misinformation), 
                        association, assembly, and religion;
                            (iv) human rights and labor rights;
                            (v) independent media;
                            (vi) internet freedom and digital rights 
                        and responsibilities; and
                            (vii) the rule of law; or
                    (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.
            (3) NED.--The term ``NED'' means the National Endowment for 
        Democracy.
            (4) Relevant federal agencies.--The term ``relevant Federal 
        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.
            (5) USAID.--The term ``USAID'' means the United States 
        Agency for International Development.

SEC. 3. PROGRAM PRIORITIZATION AND DEMOCRACY STRATEGY.

    (a) Findings.--Congress makes the following findings:
            (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.
            (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.
            (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.
            (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.
    (b) Program Prioritization.--The United States Government should 
prioritize democracy programs that--
            (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;
            (2) support democracy and democratic activists in closed 
        and repressive societies, including defending their human 
        rights;
            (3) counter the malign influence of the PRC, the Federation 
        of Russia, and other authoritarian governments;
            (4) counter corruption and kleptocracy, including by 
        enhancing transparent, accountable, and responsive governance;
            (5) promote and protect independent media, civil society 
        activists, writers, artists, and intellectuals;
            (6) counter misinformation and disinformation of all kinds, 
        but especially in the digital domain;
            (7) counter authoritarian abuse of technology, and prevent 
        manipulation--especially through digital means--of elections, 
        electoral data, and critical infrastructure;
            (8) combat digital authoritarianism, including the use of 
        the internet and other digital technologies to undermine human 
        rights;
            (9) promote internet freedom and the use of technology that 
        furthers democracy and human rights;
            (10) counter transnational repression and the extra-
        territorial extension of repressive measures, as well as the 
        increasing use of arbitrary detention;
            (11) respond rapidly to democratic openings or backsliding;
            (12) promote civic education, voter education, and enhanced 
        citizen participation in democratic processes;
            (13) seek to ensure the integrity of elections abroad; and
            (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.
    (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.

SEC. 4. AUTHORITIES AND LIMITATION.

    (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.
    (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.
    (c) Restrictions on Foreign Government Interference.--
            (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.
            (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.
            (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.
    (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).
    (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.

SEC. 5. ESTABLISHMENT OF CERTAIN FUNDS.

    (a) Fund To Defend Democracy Globally.--
            (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.
            (2) Purpose.--The purpose of such Funds is to support 
        programs that--
                    (A) strengthen and enhance the Department of State 
                and USAID's ability to respond quickly and flexibly to 
                democratic openings and backsliding;
                    (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;
                    (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;
                    (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--
                            (i) counter disinformation;
                            (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;
                            (iii) provide ``digital public goods'' to 
                        reduce the appeal of authoritarian-leaning 
                        technologies to cash-strapped countries;
                            (iv) provide education on digital literacy 
                        to key populations; and
                            (v) support the ongoing prioritization of 
                        democratic values in technological development 
                        in the years to come; and
                    (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.
            (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.
    (b) Fund To Combat Corruption and Kleptocracy.--
            (1) Establishment.--The USAID Administrator, following 
        consultation with the appropriate congressional committees, may 
        establish a Fund to Combat Corruption and Kleptocracy abroad.
            (2) Contributions.--The Fund may accept contributions from 
        other international donors and the private sector, and provide 
        contributions to multilateral organizations.
            (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--
                    (A) enhance government transparency, 
                accountability, and responsiveness across development 
                sectors;
                    (B) improve detection and exposure of corruption 
                crimes, including those that cross borders;
                    (C) expand investigations and prosecutions of 
                corrupt acts and hold corrupt actors accountable;
                    (D) strengthen norms and standards at the local, 
                national, regional, and international levels; and
                    (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.
            (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.
    (c) Democracy Research and Development Fund.--
            (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.
            (2) Contributions.--The Fund may accept contributions from 
        other international donors and the private sector, and provide 
        contributions to multilateral organizations.
            (3) Purposes.--The purposes of the Fund are to--
                    (A) support research and development by the 
                Department of State, USAID, and NED on policies, 
                programs, and technologies relating to democracy 
                promotion abroad;
                    (B) drive innovation within those entities 
                regarding the response to democratic backsliding; and
                    (C) incentivize collaboration among government, 
                nongovernmental organizations, and the private sector 
                with the objective of identifying and mitigating the 
                threats to global democracy.
            (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.
            (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.

SEC. 6. ROLES AND RESPONSIBILITIES.

    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:
            (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--
                    (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 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.
            (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.

SEC. 7. COORDINATORS FOR DEMOCRACY PROGRAMS.

    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--
            (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;
            (2) engage international partners, including foreign 
        governments, civil society, and democracy activists, in 
        addressing the advancement of democracy abroad; and
            (3) serve as the primary United States representatives at 
        international fora on matters relating to democracy programs.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (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.
    (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.
    (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.
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