```

[107th Congress Public Law 246]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ246.107]

[[Page 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. <<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

[[Page 116 STAT. 1512]]

        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

[[Page 116 STAT. 1513]]

        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

[[Page 116 STAT. 1514]]

        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:

[[Page 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) <<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.

[[Page 116 STAT. 1516]]

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:
---------------------------------------------------------------------------

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.

                                  <all>
```