[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.
____________________