[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2121 Enrolled Bill (ENR)]
H.R.2121
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To make available funds under the Foreign Assistance Act of 1961 to
expand democracy, good governance, and anti-corruption programs in the
Russian Federation in order to promote and strengthen democratic
government and civil society and independent media in that country.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Russian Democracy Act of 2002''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Since the dissolution of the Soviet Union, the leadership
of the Russian Federation has publicly committed itself to
building--
(A) a society with democratic political institutions and
practices, the observance of universally recognized standards
of human rights, and religious and press freedom; and
(B) a market economy based on internationally accepted
principles of transparency, accountability, and the rule of
law.
(2) In order to facilitate this transition, the international
community has provided multilateral and bilateral technical
assistance, and the United States' contribution to these efforts
has played an important role in developing new institutions built
on democratic and liberal economic foundations and the rule of law.
(3)(A) Since 1992, United States Government democratic reform
programs and public diplomacy programs, including training, and
small grants have provided access to and training in the use of the
Internet, brought nearly 40,000 Russian citizens to the United
States, and have led to the establishment of more than 65,000
nongovernmental organizations, thousands of independent local media
outlets, despite governmental opposition, and numerous political
parties.
(B) These efforts contributed to the substantially free and
fair Russian parliamentary elections in 1995 and 1999.
(4) The United States has assisted Russian efforts to replace
its centrally planned, state-controlled economy with a market
economy and helped create institutions and infrastructure for a
market economy. Approximately two-thirds of the Russian
Federation's gross domestic product is now generated by the private
sector, and the United States recognized Russia as a market economy
on June 7, 2002.
(5)(A) The United States has fostered grassroots
entrepreneurship in the Russian Federation by focusing United
States economic assistance on small- and medium-sized businesses
and by providing training, consulting services, and small loans to
more than 250,000 Russian entrepreneurs.
(B) There are now more than 900,000 small businesses in the
Russian Federation, producing 12 to 15 percent, depending on the
estimate, of the gross domestic product of the Russian Federation.
(C) United States-funded programs have contributed to fighting
corruption and financial crime, such as money laundering, by
helping to--
(i) establish a commercial legal infrastructure;
(ii) develop an independent judiciary;
(iii) support the drafting of a new criminal code, civil
code, and bankruptcy law;
(iv) develop a legal and regulatory framework for the
Russian Federation's equivalent of the United States Securities
and Exchange Commission;
(v) support Russian law schools;
(vi) create legal aid clinics; and
(vii) bolster law-related activities of nongovernmental
organizations.
(6) Because the capability of Russian democratic forces and the
civil society to organize and defend democratic gains without
international support is uncertain, and because the gradual
integration of the Russian Federation into the global order of
free-market, democratic nations would enhance Russian cooperation
with the United States on a wide range of political, economic, and
security issues, the success of democracy in Russia is in the
national security interest of the United States, and the United
States Government should develop a far-reaching and flexible
strategy aimed at strengthening Russian society's support for
democracy and a market economy, particularly by enhancing Russian
democratic institutions and education, promoting the rule of law,
and supporting Russia's independent media.
(7) Since the tragic events of September 11, 2001, the Russian
Federation has stood with the United States and the rest of the
civilized world in the struggle against terrorism and has
cooperated in the war in Afghanistan by sharing intelligence and
through other means.
(8) United States-Russia relations have improved, leading to a
successful summit between President Bush and President Putin in May
2002, resulting in a ``Foundation for Cooperation''.
(b) Purposes.--The purposes of this Act are--
(1) to strengthen and advance institutions of democratic
government and of free and independent media, and to sustain the
development of an independent civil society in the Russian
Federation based on religious and ethnic tolerance, internationally
recognized human rights, and an internationally recognized rule of
law; and
(2) to focus United States foreign assistance programs on using
local expertise and to give local organizations a greater role in
designing and implementing such programs, while maintaining
appropriate oversight and monitoring.
SEC. 3. UNITED STATES POLICY TOWARD THE RUSSIAN FEDERATION.
(a) Sense of Congress.--It is the sense of Congress that the United
States Government should--
(1) recognize that a democratic and economically stable Russian
Federation is inherently less confrontational and destabilizing in
its foreign policy and therefore that the promotion of democracy in
Russia is in the national security interests of the United States;
and
(2) continue and increase assistance to the democratic forces
in the Russian Federation, including the independent media,
regional administrations, democratic political parties, and
nongovernmental organizations.
(b) Statement of Policy.--It shall be the policy of the United
States--
(1) to facilitate Russia's integration into the Western
community of nations, including supporting the establishment of a
stable democracy and a market economy within the framework of the
rule of law and respect for individual rights, including Russia's
membership in the appropriate international institutions;
(2) to engage the Government of the Russian Federation and
Russian society in order to strengthen democratic reform and
institutions, and to promote transparency and good governance in
all aspects of society, including fair and honest business
practices, accessible and open legal systems, freedom of religion,
and respect for human rights;
(3) to advance a dialogue among United States Government
officials, private sector individuals, and representatives of the
Government of the Russian Federation regarding Russia's integration
into the Western community of nations;
(4) to encourage United States Government officials and private
sector individuals to meet regularly with democratic activists,
human rights activists, representatives of the independent media,
representatives of nongovernmental organizations, civic organizers,
church officials, and reform-minded politicians from Moscow and all
other regions of the Russian Federation;
(5) to incorporate democratic reforms, the promotion of
independent media, and economic reforms in a broader United States
dialogue with the Government of the Russian Federation;
(6) to encourage the Government of the Russian Federation to
address, in a cooperative and transparent manner consistent with
internationally recognized and accepted principles, cross-border
issues, including the nonproliferation of weapons of mass
destruction, environmental degradation, crime, trafficking, and
corruption;
(7) to consult with the Government of the Russian Federation
and the Russian Parliament on the adoption of economic and social
reforms necessary to sustain Russian economic growth and to ensure
Russia's transition to a fully functioning market economy and
membership in the World Trade Organization;
(8) to persuade the Government of the Russian Federation to
honor its commitments made to the Organization for Security and
Cooperation in Europe (OSCE) at the November 1999 Istanbul
Conference, and to conduct a genuine good neighbor policy toward
the other independent states of the former Soviet Union in the
spirit of internationally accepted principles of regional
cooperation; and
(9) to encourage the G-8 partners and international financial
institutions, including the World Bank, the International Monetary
Fund, and the European Bank for Reconstruction and Development, to
develop financial safeguards and transparency practices in lending
to the Russian Federation.
SEC. 4. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT OF 1961.
(a) In General.--
(1) Democracy and rule of law.--Section 498(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2295(2)) is amended--
(A) in the paragraph heading, by striking ``Democracy'' and
inserting ``Democracy and rule of law'';
(B) by striking subparagraphs (E) and (G);
(C) by redesignating subparagraph (F) as subparagraph (I);
(D) by inserting after subparagraph (D) the following:
``(E) development and support of grass-roots and
nongovernmental organizations promoting democracy, the rule of
law, transparency, and accountability in the political process,
including grants in small amounts to such organizations;
``(F) international exchanges and other forms of public
diplomacy to promote greater understanding on how democracy,
the public policy process, market institutions, and an
independent judiciary function in Western societies;
``(G) political parties and coalitions committed to
promoting democracy, human rights, and economic reforms;
``(H) support for civic organizations committed to
promoting human rights;''; and
(E) by adding at the end the following:
``(J) strengthened administration of justice through
programs and activities carried out in accordance with section
498B(e), including--
``(i) support for nongovernmental organizations, civic
organizations, and political parties that favor a strong
and independent judiciary;
``(ii) support for local organizations that work with
judges and law enforcement officials in efforts to achieve
a reduction in the number of pretrial detainees; and
``(iii) support for the creation of legal associations
or groups that provide training in human rights and
advocacy, public education with respect to human rights-
related laws and proposed legislation, and legal assistance
to persons subject to improper government interference.''.
(2) Independent media.--Section 498 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2295) is amended--
(A) by redesignating paragraphs (3) through (13) as
paragraphs (4) through (14), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) Independent media.--Developing free and independent
media, including--
``(A) supporting all forms of independent media reporting,
including print, radio, and television;
``(B) providing special support for, and unrestricted
public access to, nongovernmental Internet-based sources of
information, dissemination and reporting, including providing
technical and other support for web radio services, providing
computers and other necessary resources for Internet
connectivity and training new Internet users in nongovernmental
civic organizations on methods and uses of Internet-based
media; and
``(C) training in journalism, including investigative
journalism techniques that educate the public on the costs of
corruption and act as a deterrent against corrupt officials.''.
(b) Conforming Amendment.--Section 498B(e) of such Act is amended
by striking ``paragraph (2)(G)'' and inserting ``paragraph (2)(J)''.
SEC. 5. ACTIVITIES TO SUPPORT THE RUSSIAN FEDERATION.
(a) Assistance Programs.--In providing assistance to the Russian
Federation under chapter 11 of part I of the Foreign Assistance Act of
1961 (22 U.S.C. 2295 et seq.), the President is authorized to--
(1) work with the Government of the Russian Federation, the
Duma, and representatives of the Russian Federation judiciary to
help implement a revised and improved code of criminal procedure
and other laws;
(2) establish civic education programs relating to democracy,
public policy, the rule of law, and the importance of independent
media, including the establishment of ``American Centers'' and
public policy schools at Russian universities and encourage
cooperative programs with universities in the United States to
offer courses through Internet-based off-site learning centers at
Russian universities; and
(3) support the Regional Initiatives (RI) program, which
provides targeted assistance in those regions of the Russian
Federation that have demonstrated a commitment to reform,
democracy, and the rule of law, and which promotes the concept of
such programs as a model for all regions of the Russian Federation.
(b) Radio Free Europe/Radio Liberty and Voice of America.--RFE/RL,
Incorporated, and the Voice of America should use new and innovative
techniques, in cooperation with local independent media sources and
using local languages as appropriate and as possible, to disseminate
throughout the Russian Federation information relating to democracy,
free-market economics, the rule of law, and human rights.
SEC. 6. AUTHORIZATION OF ASSISTANCE FOR DEMOCRACY, INDEPENDENT MEDIA,
AND THE RULE OF LAW.
Of the amounts made available to carry out the provision of chapter
11 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et
seq.) and the FREEDOM Support Act for fiscal year 2003, $50,000,000 is
authorized to be available for the activities authorized by paragraphs
(2) and (3) of section 498 of the Foreign Assistance Act of 1961, as
amended by section 4(a) of this Act.
SEC. 7. PRESERVING THE ARCHIVES OF HUMAN RIGHTS ACTIVIST AND NOBEL
PEACE PRIZE WINNER ANDREI SAKHAROV.
(a) Authorization.--The President is authorized, on such terms and
conditions as the President determines to be appropriate, to make a
grant to Brandeis University for an endowment for the Andrei Sakharov
Archives and Human Rights Center for the purpose of collecting and
preserving documents related to the life of Andrei Sakharov and the
administration of such Center.
(b) Funding.--There is authorized to be appropriated to the
President to carry out subsection (a) not more than $1,500,000.
SEC. 8. EXTENSION OF LAW.
The provisions of section 108(c) of H.R. 3427, as enacted by
section 1000(a)(7) of Public Law 106-113, shall apply to United States
contributions for fiscal year 2003 to the organization described in
section 108(c) of H.R. 3427.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.