[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[Senate]
[Pages S10019-S10021]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

       SA 6613. Mr. COONS submitted an amendment intended to be proposed to 
     amendment SA 6552 proposed by Mr. Leahy to the bill H.R. 2617, to amend 
     section 1115 of title 31, United States Code, to amend the description 
     of how performance goals are achieved, and for other purposes; which 
     was ordered to lie on the table; as follows:
     
            On page 1589, after line 10, add the following:
     
       TITLE VIII--MADELEINE K. ALBRIGHT DEMOCRACY IN THE 21ST CENTURY ACT
     
          SEC. 801. SHORT TITLE.
     
            This title may be cited as the ``Madeleine K. Albright 
          Democracy in the 21st Century Act''.
     
          SEC. 802. DEFINITIONS.
     
            In this title:
            (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 rights provided for in the 
          International Covenant on Civil and Political Rights, done in 
          New York December 16, 1966, as ratified by the United States 
          of America.
            (3) Democracy programs.--For purposes of funds authorized 
          to be appropriated by this title, the Foreign Assistance Act 
          of 1961 (22 U.S.C. 2151 et seq.), or appropriated under any 
          Act making appropriations for the Department of State, 
          foreign operations, and related programs, the term 
          ``democracy programs'' means programs that, consistent with 
          section 133(b) of the Foreign Assistance Act of 1961 (22 
          U.S.C. 2152c(b)) and the International Covenant on Civil and 
          Political Rights, done at New York December 16, 1966, 
          support--
            (A) good governance;
            (B) credible and competitive elections;
            (C) freedom of expression, association, assembly, and 
          religion;
            (D) human rights, labor rights, independent media, and the 
          rule of law; and
            (E) otherwise strengthen the capacity of democratic 
          political parties, governments, nongovernmental organizations 
          and institutions, and citizens to support the development of 
          democratic states and institutions that are responsive and 
          accountable to citizens.
            (4) NED.--The term ``NED'' means the National Endowment for 
          Democracy.
            (5) Relevant federal departments and agencies.--The term 
          ``relevant Federal departments and agencies'' means--
            (A) the Department of State;
            (B) the United States Agency for International Development; 
          and
            (C) other Federal agencies that the President determines 
          are relevant for purposes of this title.
            (6) USAID.--The term ``USAID'' means the United States 
          Agency for International Development.
     
          SEC. 803. 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 during and following a country's 
          transition to democracy 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 authoritarian 
          governments;
            (5) counter corruption and kleptocracy, including by 
          enhancing transparent, accountable, effective, and responsive 
          governance;
            (6) counter authoritarian abuse of technology and 
          manipulation of elections, electoral data, and critical 
          electoral infrastructure;
            (7) promote internet freedom and combat digital 
          authoritarianism, including the use of the internet and other 
          digital technologies to restrict the exercise of civil and 
          political rights;
            (8) counter transnational repression;
            (9) counter the increasing use of arbitrary detention;
            (10) promote civic education and enhanced citizen 
          participation in democratic processes; and
            (11) protect the civil and political rights of religious 
          and ethnic minorities.
            (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.
     
     [[Page S10020]]
     
       
     
     
          SEC. 804. AUTHORITIES AND LIMITATION.
     
            (a) Beneficiaries.--Funds that are made available by this 
          title 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.--
            (A) In general.--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.
            (B) Information regarding, and names of, implementing 
          partners to be received by congress.--The requirement of 
          subparagraph (A) does not preclude Congress from receiving, 
          upon request by the appropriate congressional committees to 
          the Department of State and USAID, information regarding, and 
          names of, implementing partners, to be provided in a 
          classified or other setting as appropriate.
            (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) 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)).
            (d) Digital Security.--Democracy programs supported by 
          funds authorized to be made available pursuant to section 807 
          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.
            (e) 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. 805. ADVANCING DEMOCRACY IN THE 21ST CENTURY.
     
            (a) Democracy in the 21st Century Fund.--There is 
          authorized to be established 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 made available by 
          section 807, to advance the comprehensive strategy under 
          section 803(b), 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) supporting independent media against threats from 
          authoritarian regimes;
            (3) promoting and prioritizing 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) help countries around the world implement governing 
          regulations for the transparent procurement and use of 
          technology; and
            (B) provide education on digital literacy to key 
          populations;
            (4) establishing international coalitions of governmental 
          and nongovernmental actors dedicated to promoting democracy; 
          and
            (5) supporting human rights defenders in exile.
            (c) Combating Corruption and Kleptocracy.--The Secretary of 
          State, in coordination with the USAID Administrator and in 
          consultation with the appropriate congressional committees, 
          shall establish a program to support efforts by foreign 
          governments, civil society, and the private sector, as 
          appropriate, to combat corruption and kleptocracy abroad, 
          including through efforts that--
            (1) enhance government transparency, accountability, and 
          effectiveness across relevant sectors;
            (2) improve detection and exposure of corruption crimes, 
          improve citizen oversight and advocacy, protect freedom of 
          expression and civic activism, and build the capacity of 
          civil society, investigative journalists, and independent 
          media to counter corruption;
            (3) expand investigations and prosecutions of corrupt acts, 
          hold corrupt actors accountable, and assist in the adoption 
          and implementation of corruption prevention measures;
            (4) strengthen effective, impartial judiciaries;
            (5) support public-private partnerships to address 
          corruption that harms competitiveness, economic growth, and 
          development and taints critical supply chains; and
            (6) strengthen cross-sectoral collaboration among 
          nongovernmental organizations combating transnational 
          kleptocratic networks.
            (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 independent and objective research and 
          development outside scholars and experts on policies, 
          programs, and technologies relating to democracy programs;
            (2) drives innovation within the Department of State, 
          USAID, and the NED regarding the development of tools to 
          promote democracy, combat corruption, transnational 
          kleptocracy, and malign authoritarian influence, and leverage 
          emerging technology for democracy;
            (3) incentivizes collaboration among governments, 
          nongovernmental organizations, and the private sector to 
          identify and mitigate threats to democracy abroad; and
            (4) identifies lessons learned, repeated failures of, and 
          best practices for democracy programs and diplomatic 
          engagement and establish independent and objective 
          monitoring, evaluation, and learning to assess effectiveness 
          of programs and diplomatic engagement; and
            (5) makes recommendations regarding programs to pause, 
          discontinue, or expand based on evaluations.
            (e) Leveraging.--Pursuant to sections 607 and 632 of the 
          Foreign Assistance Act of 1961 (22 U.S.C. 2357 and 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.
            (f) Funding Transparency.--Concurrent with the submission 
          of the report required under 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 (e) during the 
          prior fiscal year.
            (g) Notification Requirements.--Not later than 15 days 
          before obligating 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.
            (h) Reporting Requirement.--Not later than 60 days after 
          the date of the enactment of this Act, and annually 
          thereafter through the end of 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 title.
     
          SEC. 806. ROLES AND RESPONSIBILITIES.
     
            (a) In General.--In carrying out the programs described in 
          section 805 using funds amounts made available under section 
          807, the Secretary of State and the USAID Administrator shall 
          regularly coordinate and consult on activities and 
          implementation of the comprehensive strategy under section 
          803(b), consistent with the overall strategic direction and 
          capabilities of their respective entities.
            (b) Department of State.--For the Department of State, such 
          programs and funds should be the responsibility of the 
          Assistant Secretary of State for Democracy, Human Rights, and 
          Labor, except for funds provided to the NED which should be 
          incorporated into a larger diplomatic strategy and are 
          flexible, innovative, and responsive to--
            (1) 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
            (2) emerging opportunities and sudden crises.
            (c) USAID.--For USAID, such programs and funds should have 
          as their primary purpose flexible, innovative, and responsive 
          democracy promotion efforts that are development-oriented, 
          often coordinated through a
     
     [[Page S10021]]
     
          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.
            (d) Department of State and USAID.--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. 807. FUNDING.
     
            (a) Democracy Programs.--Funds made available to carry out 
          part I and chapter 4 of part II of the Foreign Assistance Act 
          of 1961 (22 U.S.C. 2151 et seq. and 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)) are 
          authorized to be made available for democracy programs.
            (b) Democracy in the 21st Century Fund.--
            (1) In general.--Of the funds authorized to be made 
          available by subsection (a), the following amounts are 
          authorized to be made available for the Democracy in the 21st 
          Century Fund established under section 805(a) as follows:
            (A) $20,000,000 in each such fiscal year is authorized to 
          be made available for the program to defend democracy 
          globally under section 805(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 made available for the combating corruption and 
          kleptocracy program under section 805(c).
            (C) $15,000,000 in each such fiscal year is authorized to 
          be made available for the Democracy Research and Development 
          program under section 805(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 
          made available for the Reagan-Fascell Democracy Fellows 
          Program for additional fellowships for democracy advocates at 
          risk.
            (2) Additional amounts.--Funds authorized to be made 
          available to the National Endowment for Democracy and its 
          core institutes under this subsection are in addition to 
          amounts otherwise authorized to be made available by this 
          title for such purposes.
            (c) Restrictions.--Federal funds made available to any 
          individual, private entity, or any other nonprofit 
          organization pursuant to this title shall be subject to the 
          restrictions and prohibitions of section 1352 of title 31, 
          United States Code.
            (d) Authorization of Appropriations for 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, 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).
                                      ______