,,ii #aagth ,,congress #b;d ,session ,s4 #dbhe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ai 7legislative day1 ,may #ag71 #bjbb,mr4 ,menendez 7for himself1 ,mr4 ,cassidy1 ,mr4 ,kaine1 ,mr4 ,wicker1 and ,mr4 ,cardin7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to celebrate the #bjth anniversary of the ,inter-,american ,democratic ,charter1 to encourage governments in the ,americas to reinforce their commitments to the principles enshrined in the ,inter-,american ,democratic ,charter1 to reaffirm the role of free and fair elections as a cornerstone of democracy1 to address the challenges posed by disinformation and misinformation in the ,americas1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,upholding the ,inter-,american ,democratic ,charter ,act of #bjbb4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the ,inter-,american ,democratic ,charter 7referred to in this section as the ,charter71 done at ,lima ,september #aa1 #bjja1 established a set of shared democratic principles and norms among member states of the ,organization of ,american ,states 7referred to in this section as the ,,oas71 including commitments to the separation of powers and independence of the branches of government1 pluralistic systems of political parties and organizations1 and free1 transparent1 and fair elections4 7#b7 ,articles #a and #b of the ,charter recognize1 respectively1 that the peoples of the ,americas have a right to democracy and their governments have an obligation to promote and defend it and that the effective exercise of representative democracy is the basis for the rule of law and constitutional order in ,,oas member states4 7#c7 ,article #c of the ,charter asserts that access to and the exercise of power in accordance with the rule of law and the holding of periodic1 free1 and fair elections based on secret balloting and universal suffrage as an expression of the sovereignty of the people are essential elements of representative democracy4 7#d7 ,article #d of the ,charter states that 8transparency in government activities1 probity1 responsible public administration on the part of governments0 and 8freedom of expression and of the press0 are also essential for the democratic functioning of member states of the ,,oas4 7#e7 ,despite widespread advances in the consolidation of democratic governance in the ,americas1 there remain deep and concerning challenges facing democracies throughout ,latin ,america and the ,caribbean1 including-- 7,a7 recurring incidents of significant electoral irregularities and manipulation2 7,b7 the extension and elimination of presidential term limits2 7,c7 the politicization of judicial systems and the expansion of executive powers and executive influence over the judiciary2 7,d7 corruption and a lack of transparency1 which hinders integral development in addition to weakening democratic institutions2 and 7,e7 misinformation and disinformation disseminated by foreign governments via traditional and digital media platforms that undermine faith in democratic institutions and elections4 7#f7 ,since #bjaf1 there have been concerning levels of irregularities in several electoral processes throughout the ,americas1 including-- 7,a7 the #bjaf and #bjba general elections in ,nicaragua2 7,b7 the #bjag general elections in ,honduras2 7,c7 the sham #bjag constituent assembly1 #bjah presidential1 and #bjbj national legislative elections in ,venezuela2 7,d7 the #bjai presidential elections in ,bolivia2 and 7,e7 the #bjbj general and regional elections in ,guyana4 7#g7 ,the ,november #f1 #bjaf1 general elections in ,nicaragua were characterized by severe democratic deficiencies1 including widespread limitations on the participation of opposition candidates1 and the ,november #g1 #bjba1 general elections in ,nicaragua were characterized by similar deficiencies1 including the criminalization of the legitimate work of social organizations and political parties and the political imprisonment of potential opposition candidates1 which consequently led the ,general ,assembly of the ,,oas to pass a resolution approved by #be countries declaring that the #bjba elections were not free1 fair or transparent and have no democratic legitimacy4 7#h7 ,following the general elections in ,honduras on ,november #bf1 #bjag1 the ,,oas ,electoral ,observation ,mission reported that the tight margin of the results1 and the irregularities1 errors and systemic problems that ''' surrounded the election did not allow the ,mission to hold certainty about the results1 leading ,secretary ,general of the ,,oas ,luis ,almagro to subsequently issue a statement noting that the only possible way for the victor to be the people of ,honduras is a new call for general elections4 7#i7 ,the ,july #cj1 #bjag1 elections in ,venezuela to establish a ,constituent ,assembly were widely derided as fraudulent by the international community1 with ,smartmatic1 the company that supplied ,venezuela's voting machines1 stating that the regime manipulated the results by more than #a1jjj1jjj votes1 and the ,may #bj1 #bjah1 presidential elections in ,venezuela were similarly deemed to be fraudulent and illegitimate1 leading the ,,oas to invoke the ,charter and declare that the elections did not comply with international standards1 permit the participation of all political actors1 or satisfy conditions necessary to be considered a free1 fair1 transparent1 and democratic process4 7#aj7 ,the ,final ,report of the ,,oas ,electoral ,observation ,mission on the ,october #bj1 #bjai1 general election in ,bolivia1 ,analysis of ,electoral ,integrity ,general ,elections in the ,plurinational ,state of ,bolivia1 found widespread and conclusive evidence of manipulation through secret computer servers with the capacity to modify the results and tally sheets1 which made it impossible for the ,mission to have confidence in the election results4 7#aa7 ,in the aftermath of the #bjbj general elections in ,guyana1 international observers from the ,,oas and the ,caribbean ,community 7,,caricom7 unanimously agreed that there was no credible result from ,guyana's general and regional elections held on ,march #b1 #bjbj1 which were marked by flagrant tabulation irregularities4 7#ab7 ,notwithstanding challenges in the region1 several countries have held free and fair elections for heads of state since #bjbj1 including the countries of ,belize1 ,chile1 ,costa ,rica1 the ,dominican ,republic1 ,ecuador1 ,honduras1 ,peru1 ,saint ,kitts and ,nevis1 ,saint ,lucia1 ,trinidad and ,tobago1 and ,saint ,vincent and the ,grenadines1 which serve as examples for other countries in the region on conducting democratic electoral processes4 7#ac7 ,transparency ,international's seminal #bjba report indicates that corruption1 bolstered by widespread impunity and attacks against the independence of the press and the judiciary1 remains a significant challenge to human rights and democratic governance in the ,americas1 with the region making insufficient progress in combating corruption between #bjaa and #bjba4 7#ad7 ,additional steps are needed to strengthen confidence in a free press in ,latin ,america1 given that a study from ,vanderbilt ,university in #bjah shows that less than #a_/b of ,latin ,americans trust the press1 down from #b_/c in #bjjd4 7#ae7 ,the growing challenges of disinformation1 misinformation1 and digital election interference across the ,americas1 and their potential to sow social discord and lower public trust in democratic institutions1 pose significant risks to democratic governance and the integrity of future elections4 #c4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the #bjth anniversary of the ,inter-,american ,democratic ,charter is an important hallmark in inter-,american relations1 and democracies in the ,western ,hemisphere should continue to uphold the democratic electoral norms and standards1 principles1 and commitments enshrined in the ,charter2 7#b7 member states of the ,organization of ,american ,states should continuously work to strengthen democratic institutions and practices1 as well as economic and political institutions that enable integral development1 including by promoting transparency and combating corruption2 7#c7 free1 fair1 and transparent elections are the foundation of representative democracy in the ,americas2 7#d7 the separation of powers and the defense of human rights1 freedom of expression1 and freedom of the press remain fundamental democratic principles in the ,americas that must be respected2 7#e7 member states of the ,organization of ,american ,states should-- 7,a7 strengthen processes for holding free1 fair1 and transparent elections2 7,b7 defend the right of all of their citizens to peacefully assemble1 campaign1 participate1 and vote in democratic elections2 and 7,c7 actively promote the dissemination of fact-based public information while cooperating with private media to identify and discourage the propagation of misinformation and disinformation surrounding civic life2 and 7#f7 the ,secretary of ,state should work with the ,organization of ,american ,states and member states of the ,organization of ,american ,states-- 7,a7 to strengthen the integrity of electoral processes in the ,americas1 including by modernizing electoral observation methodologies to better address the challenges posed by digital election interference2 7,b7 to promote quality independent journalism and media while strengthening institutional capacity in the ,americas to monitor and address disinformation and misinformation and the threats they pose to democratic governance1 especially by the ,russian ,federation1 the ,people's ,republic of ,china1 and ,iran1 as well as ,cuba and the regime of ,nicolas ,maduro in ,venezuela2 7,c7 to address the challenges posed to democratic governance and multilateral institutions in the ,americas by the activities of non-democratic1 nonmember states of the ,organization of ,american ,states1 including the ,russian ,federation1 the ,people's ,republic of ,china1 ,iran1 and ,cuba2 7,d7 to augment efforts to combat corruption and organized criminal activity1 including by using digital tools to increase transparency in public administration1 tax collection1 and customs management2 7,e7 to support the modernization of judicial systems critical to combating corruption in the ,americas and efforts to strengthen the transparency1 integrity1 and independence of those systems2 7,f7 to advance initiatives to strengthen the harmonization of regulatory mechanisms to facilitate increased investment and digital governance throughout the ,americas2 and 7,g7 to uphold the positive advances that member states of the ,organization of ,american ,states have made to strengthen the integrity of electoral processes1 promote free and independent journalism1 combat corruption1 and modernize judicial systems1 and to encourage those member states to share their experience with other member states of the ,organization of ,american ,states through formal and informal mechanisms1 including through the forum for democratically elected national legislatures of members states called for in section #d7;a77#b7 of the ,organization of ,american ,states ,legislative ,engagement ,act of #bjbj 7#bb ,u4,s4,c4 #bijq note2 ,public ,law #aaf-cdc74 #d4 ,statement of policy ,it shall be the policy of the ,united ,states-- 7#a7 to promote continued adherence to the democratic principles and norms of the ,inter-,american ,democratic ,charter2 and 7#b7 to advance diplomatic initiatives in coordination with the ,organization of ,american ,states and its member states to address threats to the integrity of the ,inter-,american ,democratic ,charter and to democratic institutions in the ,americas4 #e4 ,strategy for strengthening the ,inter-,american ,democratic ,charter 7a7 ,strategy 7#a7 ,in general ,the ,secretary of ,state shall develop and implement a multi-year strategy to uphold and strengthen the ,inter-,american ,democratic ,charter4 7#b7 ,elements ,the strategy required by paragraph 7#a7 shall include-- 7,a7 developing diplomatic initiatives to highlight past successes of the ,inter-,american ,democratic ,charter and its ongoing relevance2 7,b7 documenting threats to democratic governance in the ,western ,hemisphere1 including efforts to undermine civil society1 the rule of law1 free and fair elections1 presidential term limits1 or the separation of powers1 and convening diplomatic forums to review and address those threats2 7,c7 developing and implementing the plans required by sections #f1 #g1 and #h2 and 7,d7 fully implementing provisions of the ,organization of ,american ,states ,legislative ,engagement ,act of #bjbj 7#bb ,u4,s4,c4 #bijq note2 ,public ,law #aaf-cdc7 to advance efforts to enhance the participation of democratically elected national legislatures in the ,organization of ,american ,states1 including-- 7i7 promoting involvement by those legislatures in activities that advance the principles of the ,inter-,american ,democratic ,charter and the core values of the ,organization of ,american ,states1 as described in section #d7;a77#a7 of that ,act2 7ii7 creating and supporting an annual forum to discuss issues of hemispheric importance1 including corruption1 as described in section #d7;a77#b7 of that ,act2 and 7iii7 strengthening the ability of those legislatures to make presentations1 contribute information1 and provide expert advice to entities of the ,organization of ,american ,states1 as described in section #d7;a77#c7 of that ,act4 7b7 ,annual report ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state shall submit to the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives a report describing in detail-- 7#a7 the strategy required by subsection 7a77#a7 and efforts to implement the strategy1 including the plans required by sections #f1 #g1 and #h and efforts to implement the plans2 7#b7 progress made by the ,united ,states ,government toward achieving the goals of the strategy of upholding and strengthening the ,inter-,american ,democratic ,charter2 7#c7 challenges to efforts by the ,united ,states ,government and the ,organization of ,american ,states to uphold and strengthen the ,inter-,american ,democratic ,charter2 and 7#d7 progress made in implementing the ,organization of ,american ,states ,revitalization and ,reform ,act of #bjac 7,public ,law #aac-da2 #abg ,stat4 #edh7 and the ,organization of ,american ,states ,legislative ,engagement ,act of #bjbj 7#bb ,u4,s4,c4 #bijq note2 ,public ,law #aaf-cdc74 #f4 ,strengthening the integrity of electoral processes in the ,americas 7a7 ,in general ,as part of the strategy required by section #e7;a77#a71 the ,secretary of ,state shall develop and implement a plan for strengthening the integrity of electoral processes in the ,americas4 7b7 ,elements ,the plan required by subsection 7a7 shall include-- 7#a7 an assessment of emerging challenges and risks to democratic elections in the ,americas1 including the unique threats posed by digital election interference2 and 7#b7 initiatives1 in coordination with the ,organization of ,american ,states and member states of the ,organization of ,american ,states-- 7,a7 to ensure the integrity of elections1 preserve the credibility and objectivity of electoral observation missions of the ,organization of ,american ,states1 and strengthen the technical capacity of those missions to investigate electoral irregularities in electoral processes2 and 7,b7 to improve election observation methodologies of the ,organization of ,american ,states and strengthen the training provided to electoral observation missions of the ,organization of ,american ,states to effectively monitor1 report1 and address the emerging threat of digital election interference4 #g4 ,countering disinformation and misinformation in the ,americas 7a7 ,sense of ,congress ,it is the sense of ,congress that ,congress supports-- 7#a7 efforts by the ,secretary ,general of the ,organization of ,american ,states to strengthen public interest media on traditional and digital media platforms1 promote investigative journalism1 fortify the integrity of media environments1 and counter disinformation and misinformation across the ,americas2 and 7#b7 plans by the ,secretary ,general of the ,organization of ,american ,states to announce the creation of the ,center for ,media ,integrity of the ,americas at the ,ninth ,summit of the ,americas4 7b7 ,in general ,as part of the strategy required by section #e7;a77#a71 the ,secretary of ,state shall develop and implement a plan for countering the spread and amplification of disinformation and misinformation in the ,americas and strengthening vulnerable information environments4 7c7 ,elements ,the plan required by subsection 7b7 shall include-- 7#a7 an assessment of-- 7,a7 the nature and prevalence of disinformation and misinformation activities in traditional1 digital1 and social media in the ,americas1 including-- 7i7 the major intra-regional and extra-regional actors involved in spreading or amplifying disinformation and misinformation2 7ii7 the tactics those actors use2 7iii7 the major narratives those actors disseminate2 and 7iv7 the extent to which the activities involve or are being coordinated by state entities or government officials2 7,b7 the vulnerability of information environments within the ,americas2 7,c7 which countries are most targeted by campaigns to spread and amplify disinformation and misinformation and the effectiveness of those campaigns2 and 7,d7 the nature and magnitude of the threats posed by disinformation and misinformation activities to democratic governance1 human rights1 and other ,united ,states interests2 and 7#b7 efforts1 including the multilateral diplomacy described in subsection 7d71 in coordination with the ,organization of ,american ,states and member states of the ,organization of ,american ,states-- 7,a7 to monitor and share information about disinformation and misinformation activities and the effects of those activities2 7,b7 to convene regional summits1 forums1 and multi-stakeholder initiatives with engagement from governments1 technology companies1 media organizations1 academia1 and civil society groups to address the challenges posed by disinformation and misinformation and other related issues1 including data privacy1 shared cybersecurity standards1 and platform interoperability2 7,c7 to develop a regional code of best practices and other joint solutions to address disinformation and misinformation1 including rapid alert systems and agreements on other related issues2 7,d7 to strengthen the capacity of the ,organization of ,american ,states1 member states of the ,organization of ,american ,states1 and independent media and civil society groups to counter disinformation and misinformation and address vulnerable information environments1 including by providing support for media and digital literacy1 independent journalism1 and fact-checking initiatives2 and 7,e7 to support and promote the creation of public interest media and investigative journalism to provide accurate1 objective1 and reliable local news4 7d7 ,multilateral diplomacy ,the ,secretary of ,state1 acting through the ,united ,states ,permanent ,representative to the ,organization of ,american ,states1 shall use the voice1 vote1 and influence of the ,united ,states-- 7#a7 to establish a working group at the ,organization of ,american ,states to monitor the deleterious effects that disinformation and misinformation pose to democratic governance and human rights and develop regional approaches to address those effects2 and 7#b7 to advance a resolution of the ,organization of ,american ,states on condemning and countering disinformation and misinformation in the ,americas4 7e7 ,resources ,the ,secretary of ,state1 acting through the ,united ,states ,mission to the ,organization of ,american ,states1 should use the voice1 vote1 and influence of the ,united ,states to support increased attention and resources for the ,general ,secretariat of the ,organization of ,american ,states to develop efforts to address the threat posed by disinformation and misinformation to democratic governance and human rights1 including-- 7#a7 by increasing the proportion of ,united ,states voluntary contributions designated for addressing that threat2 and 7#b7 by encouraging similar efforts by other member states of the ,organization of ,american ,states4 #h4 ,addressing additional challenges to democratic governance in the ,americas 7a7 ,in general ,as part of the strategy required by section #e7;a77#a71 the ,secretary of ,state shall develop and implement a plan for addressing threats to democratic governance posed by-- 7#a7 corruption and criminality2 and 7#b7 the malign activities of nondemocratic1 nonmember states of the ,organization of ,american ,states1 including the ,people's ,republic of ,china1 the ,russian ,federation1 ,iran1 and ,cuba4 7b7 ,elements ,the plan required by subsection 7a7 shall include-- 7#a7 an assessment of-- 7,a7 the major threats from1 and vulnerabilities to1 corruption and criminality in the ,americas2 and 7,b7 how the ,people's ,republic of ,china and the ,russian ,federation have sought to exploit regional multilateral institutions to advance their goals and undermine democratic governance2 and 7#b7 efforts by the ,secretary of ,state-- 7,a7 to propose and develop1 in coordination with regional multilateral institutions1 digital governance programs-- 7i7 to strengthen transparency in public administration1 tax collection1 and customs management2 and 7ii7 to reduce corruption2 and 7,b7 to use the voice1 vote1 and influence of the ,united ,states-- 7i7 to diminish the influence of the ,people's ,republic of ,china and the ,russian ,federation in regional multilateral institutions and call attention to how those states undermine the principles of the ,inter-,american ,democratic ,charter2 and 7ii7 to support the creation of a special rapporteur on anti-corruption at the ,inter-,american ,commission on ,human ,rights with the mandate to monitor threats from1 and vulnerabilities to1 corruption among member states of the ,organization of ,american ,states and promote the adoption of measures to address such threats1 including minimum standards for transparency and access to public records4 #i4 ,sunset ,this ,act shall terminate on the date that is #aj years after the date of the enactment of this ,act4