[Congressional Record Volume 148, Number 130 (Monday, October 7, 2002)]
[House]
[Pages H7109-H7112]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     RUSSIAN DEMOCRACY ACT OF 2002

  Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and 
concur in the Senate amendments to the bill (H.R. 2121) 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.
  The Clerk read as follows:

       Senate amendments:
       Strike out all after the enacting clause and insert:

[[Page H7110]]

     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

[[Page H7111]]

     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.
       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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Smith) and the gentlewoman from California (Ms. Watson) 
each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Smith).


                             General Leave

  Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days in which to revise and extend 
their remarks on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  This bill, the Russian Democracy Act, ensures that American 
assistance will continue to be available to help strengthen and 
consolidate democracy in the Russian Federation. While this seems to be 
a routine measure, we should take a few minutes to note what this bill 
represents. The mere fact that we can talk of democracy in Russia as a 
reality in the present and not some dim prospect in the hazy future is 
one of the many wonders of the past decade that have grown familiar and 
now is largely taken for granted. Its existence, however, is a 
testament to the deep commitment to fundamental values shared by 
peoples all over the world.
  Mr. Speaker, this bill before us represents an important part of the 
effort to continue that democratization. It focuses our attention and 
assistance on many of the prerequisites of a free and a prosperous 
society, including the creation of a resilient civil society, the 
strengthening of an independent press, and the establishment of the 
rule of law.

                              {time}  1700

  Mr. Speaker, I reserve the balance of my time.
  Ms. WATSON of California. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise in strong support of this legislation. I would 
like to acknowledge the fine work of the ranking member, the gentleman 
from California (Mr. Lantos), the author of the legislation, who 
unfortunately cannot be on the House floor today for this debate. 
Appreciation also goes to our colleagues in the other body for moving 
this legislation through the committee and onto the floor. I would also 
like to thank the gentleman from Illinois (Chairman Hyde) of the 
Committee on International Relations for his consistent support of this 
legislation.
  Ten years ago the U.S. Congress passed a historic act, the Freedom 
Support Act, which paved the way for the task of promoting democracy 
and market economy in the countries of the former Soviet Union. Today, 
in the post-September 11 world, we are still concerned about the 
Russian nuclear arsenal, but we do not fear that the government of 
Russia will use it against us because Russia has become more democratic 
and our foreign policy interests are more congruent.
  However, it has become clear to me and many of my colleagues that the 
process of democratization in Russia is not complete. For example, 
President Putin last week revoked a decree that has permitted the RFE/
RL to maintain a bureau in Moscow. This decision was shortsighted and 
counterproductive. For these reasons, we must craft a creative and 
responsible policy towards Russia that strengthens a democratic society 
and a market economy.
  I strongly believe that the existence of a vibrant, self-sustaining, 
non-State-owned media in Russia is the key to Russia's continuous 
integration with the West. This bill will support such media 
activities, including access to the Internet and the use of modern 
technologies to improve media outreach throughout Russia.
  The Russian NGO sector also needs our support. Russia does not yet 
have a culture of corporate philanthropy and private donations to make 
these NGOs self-sustaining. On the other hand, the abundance of NGOs 
that have sprung up in Russia since 1991 provides an important 
democratic component to that society.
  So the bill before the House today, H.R. 2121, can promote this 
process and enhance the U.S.-Russia bilateral relationship by focusing 
U.S. assistance on the development of a civil society in Russia and a 
free and independent media.
  I am also pleased that the bill includes an important provision to 
provide for an endowment to preserve the Andrew Sakharov archives. 
Without Mr. Sakharov's contributions to peace, human rights and 
democracy, the unprecedented change that took place in Russia in the 
last decade of the previous century would never have happened.
  Given the importance of these documents to the study of the 
transition from tyranny to democracy in Russia and, by extension, to 
other countries around the world, the gentleman from California (Mr. 
Lantos) and I believe it would be inappropriate for funds from the 
Foreign Assistance Act to be used for this noble undertaking.
  The bill also contains an important provision on Burma human rights 
to make sure that the UNDP assistance to Burma is properly utilized. By 
funding the development of civil society in Russia and a free and 
independent media, H.R. 2121 can play an effective role in developing 
the U.S.-Russia bilateral relationship. Let us not squander this 
unprecedented opportunity to bring Russia closer to the West. I urge 
Members to support H.R. 2121.

[[Page H7112]]

  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, first of all, I thank the gentlewoman for her fine 
remarks and leadership on this issue and the efforts of the gentleman 
from Illinois (Mr. Hyde) and especially to the gentleman from 
California (Mr. Lantos), the ranking member, for crafting this 
important bipartisan legislation.
  The creation of democracy in Russia must be counted as one of the 
great achievements of the past century. Yet for all of its 
accomplishments, that democracy is not yet firmly established. The 
civil society on which all democracies ultimately rest remains 
precariously weak. Much of the legacy inherited from Russia's 
authoritarian past is still to be overcome. The institutions of 
democracy remain fragile in many areas. The habits of freedom have not 
yet become universal.
  Given these and other concerns, the government's stated goal of 
creating a guided democracy where the parameters of permitted dissent 
are significantly narrowed is very troubling indeed, as are the 
patterns of clear, gross and uncorrected human rights violations 
associated with the continuing conflict in Chechnya.
  Mr. Speaker, you juxtapose these problems along with the trafficking 
problem, which remains a very significant problem where young Russian 
women are trafficked into forced prostitution and are abused in the 
United States and countries of the West as well as in Russia itself, we 
need to do more. This bill advances the ball and will be an aid to the 
democratic forces in Russia. It is a good bill and deserves the support 
of our colleagues.
  Mr. LANTOS. Mr. Speaker, I rise today in strong support of H.R. 2121, 
the Russia Democracy Act, and thank the co-sponsors of this bill for 
their support. In drafting this legislation, I sought to enhance United 
States democracy, good governance and anti-corruption efforts in order 
to strengthen civil society and independent media in Russia. 
Cultivating civil society in Russia and knitting together its patch-
work democracy is not only a goal of U.S. policy--it is an imperative. 
Unless we redouble our efforts to strengthen democratic reform in 
Russia--as this bill seeks to do--our former adversary may yet return 
to authoritarian rule and challenge our national security.
  The Russia Democracy Act expands upon U.S. initiatives that have 
proven successful in Russia. Among other things, it provides further 
support for local democratic governments through the Regional 
Initiative; expands training for Russian journalists in investigative 
techniques designed to ferret our corruption; and it broadens 
successful U.S.-Russia cultural exchanges, such as those sponsored by 
the Library of Congress.
  As Russia becomes more democratic and our foreign policies become 
more closely aligned in the war against international terrorism, it is 
important that the U.S. seize upon the opportunity to facilitate 
Russia's integration into the West. The Russia Democracy Act is 
designed to achieve this goal. This bill launches a number of 
initiatives to take advantage of new developments in Russian society 
over the past decade, and harnesses new information technologies to 
provide Internet access to Russian citizens, independent media and 
NGOs. And it engages the growing network of local, independent media 
outlets to spread democratic principles working in partnership with 
such stalwarts of democracy as Radio Liberty and Voice of America.
  Deepening our engagement with Russia's civil society is critical to 
its survival. At the same time we must stand ready to defend against 
Moscow's attempts to undermine it. Following September 11th, President 
Putin made a courageous decision to make common cause with the Western 
democracies in defeating terrorism. But recent decisions by Putin to 
embrace Iraq, Iran and North Korea, and his continued attempt to 
intimidate free media in Russia, threatens to jeopardize our new 
partnership.
  Just last week, President Putin revoked a decree issued by his 
predecessor that allowed Radio Liberty to establish a bureau in Russia 
and provided the broadcaster with certain privileges. Radio Liberty, 
which is supported in part by the U.S. government, may now be subject 
to Russia's restrictive media laws. The right of Radio Liberty to 
broadcast in Russia is no longer guaranteed. Although some in Russia 
argue that this was done to level the playing field for all 
broadcasters, the Putin Administration has been known to apply the law 
selectively, as the cases of NTV and Ekho Moskvy make clear. I condemn 
this decision, and urge my colleagues to join me in ensuring Radio 
Liberty does not suffer the fate of Russia's other independent news 
organizations.
  Having lived under both fascist and communist rule, I am painfully 
aware of the importance of this legislation. As a teenager living in 
Hungary during the Second World War, I recall fondly the inspirational 
and liberating broadcasts of the Voice of America, and can testify 
personally to the dramatic effect these radio programs had in providing 
hope to a captive people. To keep Russia on track toward westward 
integration, surrogate broadcasting such as Radio Liberty is critical.
  I am also pleased that the bill includes an important provision to 
provide for an endowment to preserve the Andrei Sakharov archives. 
Without Mr. Sakharov's contribution to peace, human rights, and 
democracy, the unprecedented change that took place in Russia in the 
last decade of the previous century would never have happened. These 
documents are important not only to study the transition from tyranny 
to democracy in Russia, but will also help activists and scholars from 
countries around the world understand how a society moves from bondage 
to freedom. Therefore, I welcome this provision, which authorizes a 
grant to Brandeis University for an endowment to support the archives 
and the related human rights center. I realize it is extraordinary for 
U.S. appropriated funds to be used to fund an endowment, where such 
funds can use interest earned from U.S. funds to support the program. 
However, because of the importance of these archives and this center, I 
believe it is appropriate in this case. Finally, because of the wide-
ranging importance of these documents, I believe it would be 
appropriate for funds from the Foreign Assistance Act to be used for 
this noble undertaking.
  I also note that the bill also contains a very important provision on 
Burma human rights that ensures that UNDP assistance to Burma is 
properly utilized, fully coordinated with the Burmese opposition and 
carried out only with NGO's.
  I would also like to acknowledge the exceptional work of my staffer, 
Tanya Mazin, on this important legislation. Tanya's deep and personal 
knowledge of Russia and its people was critical to the success of 
Congressional consideration of the Russia Democracy Act.
  Mr. Speaker, as a member of the U.S. Congress, I believe our 
interests and values demand that we cultivate civil society in Russia. 
It will not happen over night, but over time--with strong support form 
the United States and our democratic allies--I am confident it will. 
Passage of the Russia Democracy Act is a step in this direction, and a 
step I urge my colleagues to take.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore (Mr. Petri). The question is on the motion 
offered by the gentleman from New Jersey (Mr. Smith) that the House 
suspend the rules and concur in the Senate amendments to the bill, H.R. 
2121.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate amendments were 
concurred in.
  A motion to reconsider was laid on the table.

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