[107th Congress Public Law 246]
[From the U.S. Government Printing Office]
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[DOCID: f:publ246.107]
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Public Law 107-246
107th Congress
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. <<NOTE: Oct. 23, 2002 - [H.R. 2121]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Russian Democracy Act of
2002.>> assembled,
SECTION 1. <<NOTE: 22 USC 2151 note.>> SHORT TITLE.
This Act may be cited as the ``Russian Democracy Act of 2002''.
SEC. 2. <<NOTE: 22 USC 2295 note.>> 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
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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
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role in designing and implementing such programs, while
maintaining appropriate oversight and monitoring.
SEC. 3. <<NOTE: 22 USC 2295 note.>> 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
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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:
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``(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) <<NOTE: 22 USC
2295b.>> of such Act is amended by striking ``paragraph (2)(G)'' and
inserting ``paragraph (2)(J)''.
SEC. 5. <<NOTE: 22 USC 2295 note.>> 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.
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SEC. 7. <<NOTE: Brandeis University.>> 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. <<NOTE: Applicability.>> 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.
Approved October 23, 2002.
LEGISLATIVE HISTORY--H.R. 2121:
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CONGRESSIONAL RECORD:
Vol. 147 (2001):
Dec. 11, considered and passed
House.
Vol. 148 (2002):
Sept. 20, considered and passed
Senate, amended.
Oct. 7, House concurred in Senate
amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Oct. 23, Presidential statement.
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