S.Amdt. 6613Senate117th Congress (2021-2023)2nd degree
S.Amdt. 6613
Sponsored by
Sen. Christopher A. Coons (D-DE)
Submitted December 21, 2022
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Senate amendment submitted
December 21, 2022
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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). ______