[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.

[[Page S5073]]

       (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).
                                 ______