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