PUBLIC LAW 107–246—OCT. 23, 2002 116 STAT. 1511

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Russian Democracy Act of 2002’’.

SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress makes the following findings:

(1) Since the dissolution of the Soviet Union, the leadership

of the Russian Federation has publicly committed itself to

building—

(A) a society with democratic political institutions and

practices, the observance of universally recognized standards of human rights, and religious and press freedom;

and

(B) a market economy based on internationally

accepted principles of transparency, accountability, and the

rule of law.

(2) In order to facilitate this transition, the international

community has provided multilateral and bilateral technical

assistance, and the United States’ contribution to these efforts

has played an important role in developing new institutions

built on democratic and liberal economic foundations and the

rule of law.

(3)(A) Since 1992, United States Government democratic

reform programs and public diplomacy programs, including

training, and small grants have provided access to and training

in the use of the Internet, brought nearly 40,000 Russian

citizens to the United States, and have led to the establishment

of more than 65,000 nongovernmental organizations, thousands

of independent local media outlets, despite governmental

opposition, and numerous political parties.

(B) These efforts contributed to the substantially free and

fair Russian parliamentary elections in 1995 and 1999.

(4) The United States has assisted Russian efforts to

replace its centrally planned, state-controlled economy with

a market economy and helped create institutions and infrastructure for a market economy. Approximately two-thirds of the

Russian Federation’s gross domestic product is now generated

22 USC 2295

note.

22 USC 2151

note.

Russian

Democracy Act of

2002.

Oct. 23, 2002

[H.R. 2121]

116 STAT. 1512 PUBLIC LAW 107–246—OCT. 23, 2002

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

PUBLIC LAW 107–246—OCT. 23, 2002 116 STAT. 1513

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, crossborder 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

22 USC 2295

note.

116 STAT. 1514 PUBLIC LAW 107–246—OCT. 23, 2002

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:

PUBLIC LAW 107–246—OCT. 23, 2002 116 STAT. 1515

‘‘(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.

22 USC 2295

note.

22 USC 2295b.

116 STAT. 1516 PUBLIC LAW 107–246—OCT. 23, 2002

LEGISLATIVE HISTORY—H.R. 2121:

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.

Æ

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.

Approved October 23, 2002.

Applicability.

Brandeis

University.