[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2121 Reported in Senate (RS)]
Calendar No. 543
107th CONGRESS
2d Session
H. R. 2121
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 12, 2001
Received; read twice and referred to the Committee on Foreign Relations
August 1, 2002
Reported by Mr. Biden, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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 in that country and to support independent
media.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Russian Democracy Act of
2001''.</DELETED>
<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>
<DELETED> (a) Findings.--Congress makes the following
findings:</DELETED>
<DELETED> (1) Since the dissolution of the Soviet Union, the
leadership of the Russian Federation has publicly committed
itself to building--</DELETED>
<DELETED> (A) a society with democratic political
institutions and practices, the observance of
universally recognized standards of human rights, and
religious and press freedom; and</DELETED>
<DELETED> (B) a market economy based on
internationally accepted principles of transparency,
accountability, and the rule of law.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3)(A) Since 1992, United States Government
democratic reform programs and public diplomacy programs,
including training, small grants, and technical assistance to
independent television, radio, and print media across the
Russian Federation, have strengthened nongovernment-owned
media, 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 over 65,000
nongovernmental organizations, thousands of vibrant independent
media outlets, and numerous political parties.</DELETED>
<DELETED> (B) These efforts contributed to the substantially
free and fair Russian parliamentary elections in 1995 and 1999
and Presidential elections in 1996 and 2000.</DELETED>
<DELETED> (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 by encouraging the
transparent privatization of state-owned enterprises.
Approximately two-thirds of the Russian Federation's gross
domestic product is now generated by the private
sector.</DELETED>
<DELETED> (5)(A) The United States 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.</DELETED>
<DELETED> (B) There are now more than 900,000 small
businesses in the Russian Federation, producing 12 to 15
percent of the gross domestic product of the Russian
Federation.</DELETED>
<DELETED> (C) United States-funded programs help to fight
corruption and financial crime, such as money laundering, by
helping to--</DELETED>
<DELETED> (i) establish a commercial legal
infrastructure;</DELETED>
<DELETED> (ii) develop an independent
judiciary;</DELETED>
<DELETED> (iii) support the drafting of a new
criminal code, civil code, and bankruptcy
law;</DELETED>
<DELETED> (iv) develop a legal and regulatory
framework for the Russian Federation's equivalent of
the United States Securities and Exchange
Commission;</DELETED>
<DELETED> (v) support Russian law schools;</DELETED>
<DELETED> (vi) create legal aid clinics;
and</DELETED>
<DELETED> (vii) bolster law-related activities of
nongovernmental organizations.</DELETED>
<DELETED> (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 will further
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.</DELETED>
<DELETED> (7) Since the tragic events of September 11, 2001,
the Russian Federation has stood with the United States and the
civilized world in the struggle against terrorism and has
cooperated in the war in Afghanistan by sharing intelligence
and through other means.</DELETED>
<DELETED> (b) Purposes.--The purposes of this Act are--</DELETED>
<DELETED> (1) to strengthen and advance institutions of
democratic government and of a 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</DELETED>
<DELETED> (2) to focus United States foreign assistance
programs on using local expertise and giving local
organizations a greater role in designing and implementing such
programs, while maintaining appropriate oversight and
monitoring.</DELETED>
<DELETED>SEC. 3. UNITED STATES POLICY TOWARD THE RUSSIAN
FEDERATION.</DELETED>
<DELETED> (a) Sense of Congress.--It is the sense of Congress that
the United States Government should--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Statement of Policy.--It shall be the policy of the
United States--</DELETED>
<DELETED> (1) to facilitate Russia's integration into the
Western community of nations, including supporting the
establishment of a stable democracy and a market economy, and
also including Russia's membership in the appropriate
international institutions;</DELETED>
<DELETED> (2) to engage the Government of Russian Federation
and Russian society in order to strengthen democratic reform
and institutions, and to promote good governance principles
based on the internationally recognized norms of transparency
in business practices, the rule of law, religious freedom, and
human rights;</DELETED>
<DELETED> (3) to advance a dialog between United States
Government officials and private sector individuals and
representatives of the Government of the Russian Federation
regarding Russian integration into the Western community of
nations;</DELETED>
<DELETED> (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, and reform-minded politicians
from Moscow and the various regions of the Russian
Federation;</DELETED>
<DELETED> (5) to incorporate democratic reforms, the
promotion of an independent media, and economic reforms in the
broad United States agenda with the Government of the Russian
Federation;</DELETED>
<DELETED> (6) to encourage the Government of the Russian
Federation to address cross-border issues, including the
environment, crime, trafficking, and corruption in a
cooperative and transparent manner consistent with
internationally recognized and accepted principles of the rule
of law;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (9) to encourage the G-7 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.</DELETED>
<DELETED> SEC. 4. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT OF
1961.</DELETED>
<DELETED> (a) Amendments.--</DELETED>
<DELETED> (1) Democracy and rule of law.--Section 498(2) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2295(2)) is
amended--</DELETED>
<DELETED> (A) in the heading, by striking
``Democracy'' and inserting ``Democracy and rule of
law'';</DELETED>
<DELETED> (B) by striking subparagraphs (E) and
(G);</DELETED>
<DELETED> (C) by redesignating subparagraph (F) as
subparagraph (I);</DELETED>
<DELETED> (D) by inserting after subparagraph (D)
the following:</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(F) international exchanges to promote
greater understanding by Russian Federation citizens on
how democracy, public policy process, market
institutions, and an independent judiciary function in
Western societies;</DELETED>
<DELETED> ``(G) political parties committed to
promoting democracy, human rights, and economic
reforms;</DELETED>
<DELETED> ``(H) support for civic organizations
committed to promoting human rights; and'';
and</DELETED>
<DELETED> (E) by adding at the end the
following:</DELETED>
<DELETED> ``(J) strengthened administration of
justice through programs and activities carried out in
accordance with section 498B(e), including--</DELETED>
<DELETED> ``(i) support for nongovernmental
organizations, civic organizations, and
political parties that favor a strong and
independent judiciary based on merit;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(iii) support for the creation
of Russian 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.''.</DELETED>
<DELETED> (2) Independent media.--Section 498 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2295) is amended--</DELETED>
<DELETED> (A) by redesignating paragraphs (3)
through (13) as paragraphs (4) though (14),
respectively; and</DELETED>
<DELETED> (B) by inserting after paragraph (2) the
following:</DELETED>
<DELETED> ``(3) Independent media.--Developing a free and
independent media, including--</DELETED>
<DELETED> ``(A) supporting all forms of non-state-
owned media reporting, including print, radio, and
television;</DELETED>
<DELETED> ``(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 and
other civic organizations on methods and uses of
Internet-based media; and</DELETED>
<DELETED> ``(C) training in journalism, including
investigative journalism techniques which educate the
public on the costs of corruption and act as a
deterrent against corrupt officials.''.</DELETED>
<DELETED> (b) Conforming Amendment.--Section 498B(e) of such Act is
amended by striking ``paragraph (2)(G)'' and inserting ``paragraph
(2)(J)''.</DELETED>
<DELETED>SEC. 5. ACTIVITIES TO SUPPORT THE RUSSIAN
FEDERATION.</DELETED>
<DELETED> (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
carry out the following specific activities:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Establish civic education programs relating to
democracy, public policy, the rule of law, and the importance
of an independent media, including the establishment of
``American Centers'' and public policy schools at Russian
universities and programs by universities in the United States
to offer courses through Internet-based off-site learning
centers at Russian universities.</DELETED>
<DELETED> (3) Support the Regional Initiatives (RI) program,
which provides targeted assistance in those regions of the
Russian Federation that have demonstrated commitment to reform,
democracy, and the rule of law, and which promote the concept
of such programs as a model for all regions of the Russian
Federation.</DELETED>
<DELETED> (b) Radio Free Europe/Radio Liberty and Voice of
America.--Radio Free Europe/Radio Liberty and the Voice of America
should use new and innovative techniques, in cooperation with local
independent media sources, to disseminate information throughout the
Russian Federation relating to democracy, free-market economics, the
rule of law, and human rights.</DELETED>
<DELETED>SEC. 6. AUTHORIZATION OF ASSISTANCE FOR DEMOCRACY, INDEPENDENT
MEDIA, AND THE RULE OF LAW.</DELETED>
<DELETED> 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 for Russia and Emerging Eurasian
Democracies and Open Markets Support Act of 1992 for fiscal year 2002,
not less than $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.</DELETED>
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.
Amend the title so as to read: ``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.''.
Calendar No. 543
107th CONGRESS
2d Session
H. R. 2121
_______________________________________________________________________
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 in that country and to support independent
media.
_______________________________________________________________________
August 1, 2002
Reported with an amendment and an amendment to the title