[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8708 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8708
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 HOUSE OF REPRESENTATIVES
August 12, 2022
Mr. Malinowski (for himself, Ms. Cheney, Mr. Crow, and Mr. Wilson of
South Carolina) introduced the following bill; which was referred to
the Committee on Foreign Affairs
_______________________________________________________________________
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 ``Madeleine K.
Albright 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 the Democracy in the 21st Century Fund.
Sec. 6. Roles and responsibilities.
Sec. 7. 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) 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 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, 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 Act.
(6) USAID.--The term ``USAID'' means the United States
Agency for International Development.
SEC. 3. 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. 4. AUTHORITIES AND LIMITATION.
(a) Beneficiaries.--Funds that are made available by this Act 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 7 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. 5. 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 7, to advance the
comprehensive strategy under section 3, 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.
(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 Act.
SEC. 6. ROLES AND RESPONSIBILITIES.
Funds authorized to be appropriated pursuant to section 7 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. 7. 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 5:
(A) $20,000,000 in each such fiscal year is
authorized to be appropriated for the Defending
Democracy Globally program under section 5(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 5(c).
(C) $15,000,000 in each such fiscal year is
authorized to be appropriated for the Democracy
Research and Development program under section 5(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 Act for such purposes.
(b) Restrictions.--Federal funds made available to any individual,
private entity, or any other nonprofit organization pursuant to this
Act 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 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).
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