[Congressional Record Volume 168, Number 156 (Tuesday, September 27, 2022)]
[Senate]
[Pages S5071-S5074]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5682. Mr. COONS submitted an amendment intended to be proposed to
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe)
and intended to be proposed to the bill H.R. 7900, to authorize
appropriations for fiscal year 2023 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--Democracy in the 21st Century
SECTION 1281. SHORT TITLE.
This subtitle may be cited as the ``Madeleine K. Albright
Democracy in the 21st Century Act''.
SEC. 1282. DEFINITIONS.
In this subtitle:
(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 subtitle, 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.
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(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 subtitle.
(6) USAID.--The term ``USAID'' means the United States
Agency for International Development.
SEC. 1283. 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. 1284. AUTHORITIES AND LIMITATION.
(a) Beneficiaries.--Funds that are made available by this
subtitle 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 1287
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. 1285. 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 1287, to advance the
comprehensive strategy under section 1283, 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.
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(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 subtitle.
SEC. 1286. ROLES AND RESPONSIBILITIES.
Funds authorized to be appropriated pursuant to section
1287 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. 1287. 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 1285:
(A) $20,000,000 in each such fiscal year is authorized to
be appropriated for the Defending Democracy Globally program
under section 1285(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 1285(c).
(C) $15,000,000 in each such fiscal year is authorized to
be appropriated for the Democracy Research and Development
program under section 1285(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
subtitle for such purposes.
(b) Restrictions.--Federal funds made available to any
individual, private entity, or any other nonprofit
organization pursuant to this subtitle 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
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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).
______