22 U.S.C. § 2295 — Assistance for the independent states

Page 763 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2295 PART XI—SUPPORT FOR ECONOMIC AND DEMO- CRATIC DEVELOPMENT OF THE INDEPENDENT STATES OF THE FORMER SOVIET UNION § 2295. Assistance for the independent states The President is authorized to provide assist- ance to the independent states of the former So- viet Union under this part for the following ac- tivities: (1) Urgent humanitarian needs Meeting urgent humanitarian needs (includ- ing those arising from the health effects of ex- posure to radiation in the Chernobyl region), in particular— (A) meeting needs for medicine, medical supplies and equipment, and food, including the nutritional needs of infants such as proc- essed baby food; and (B) continuing efforts to rebuild from the earthquake in Armenia. (2) Democracy and rule of law Establishing a democratic and free society by fostering— (A) political, social, and economic plu- ralism; (B) respect for internationally recognized human rights and the rule of law; (C) the development of institutions of democratic governance, including electoral and legislative processes; (D) the institution and improvement of public administration at the national, inter- governmental, regional, and local level; (E) development and support of grass-roots and nongovernmental organizations pro- moting democracy, the rule of law, trans- parency, 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 great- er understanding on how democracy, the public policy process, market institutions, and an independent judiciary function in Western societies; (G) political parties and coalitions com- mitted to promoting democracy, human rights, and economic reforms; (H) support for civic organizations com- mitted to promoting human rights; (I) the development of effective control by elected civilian officials over, and the devel- opment of a nonpolitical officer corps in, the military and security forces; and (J) strengthened administration of justice through programs and activities carried out in accordance with section 2295b(e) of this title, including— (i) support for nongovernmental organi- zations, civic organizations, and political parties that favor a strong and inde- pendent judiciary; (ii) support for local organizations that work with judges and law enforcement of- ficials in efforts to achieve a reduction in the number of pretrial detainees; and (iii) support for the creation of legal as- sociations or groups that provide training in human rights and advocacy, public edu- cation with respect to human rights-re- lated laws and proposed legislation, and legal assistance to persons subject to im- proper government interference. (3) Independent media Developing free and independent media, in- cluding— (A) supporting all forms of independent media reporting, including print, radio, and television; (B) providing special support for, and unre- stricted public access to, nongovernmental Internet-based sources of information, dis- semination and reporting, including pro- viding 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 inves- tigative journalism techniques that educate the public on the costs of corruption and act as a deterrent against corrupt officials. (4) Free market systems Creating and developing private enterprise and free market systems based on the prin- ciple of private ownership of property, includ- ing— (A) the development of private coopera- tives, credit unions, and labor unions; (B) the improvement in the collection and analysis of statistical information; (C) the reform and restructuring of bank- ing and financial systems; and (D) the protection of intellectual property. (5) Trade and investment Creating conditions that promote trade and investment, and encouraging participation of the United States private sector in the devel- opment of the private sector in the inde- pendent states of the former Soviet Union. (6) Food distribution and production Promoting market-based mechanisms for the distribution of the inputs necessary to ag- ricultural production and for the handling, marketing, storage, and processing of agricul- tural commodities; encouraging policies that provide incentives for agricultural production; and creating institutions that provide tech- nical and financial support for the agricul- tural sector. (7) Health and human services Promoting programs to strengthen and build institutions that provide quality health care and voluntary family planning services, hous- ing, and other services and policies that are components of a social safety net, particularly for infants, children, and people with disabil- ities. (8) Education and educational television Promoting broad-based educational reform at all levels, in particular— (A) by assisting the development of cur- ricula and by making available textbooks, other educational materials, and appropriate Page 764 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2295 telecommunications technologies for the de- livery of educational and instructional pro- gramming; and (B) by assisting the development of the skills necessary to produce educational tele- vision programs aimed at promoting basic skills and the human values associated with a democratic society and a free market economy. (9) Energy efficiency and production Promoting market-based pricing policies and the transfer of technologies that reduce energy wastage and harmful emissions; sup- porting developmentally sound capital energy projects that utilize United States advanced coal technologies; and promoting efficient pro- duction, use, and transportation of oil, gas, coal, and other sources of energy. (10) Civilian nuclear reactor safety Implementing— (A) a program of short-term safety up- grade of civilian nuclear power plants, in- cluding the training of power plant per- sonnel, implementation of improved proce- dures for nuclear power plant operation, the development of effective and independent regulatory authorities, and cost-effective hardware upgrades; and (B) a program to retire those civilian nu- clear power plants whose capacity could be more cost-effectively replaced through en- ergy efficiency. (11) Environment Enhancing the human and natural environ- ment and conserving environmental resources, including through— (A) facilitation of the adoption of environ- mentally-sound policies and technologies, environmental restoration, and sustainable use of natural resources; (B) promotion of the provision of environ- mental technology, education, and training by United States businesses, not-for-profit organizations, and institutions of higher education; and (C) promotion of cooperative research ef- forts to validate and improve environmental monitoring of protracted radiation exposure. (12) Transportation and telecommunications Improving transportation and telecommuni- cations infrastructure and management, in- cluding intermodal transportation systems to ensure the safe and efficient movement of peo- ple, products, and materials. (13) Drug education, interdiction, and eradi- cation Promoting drug education, interdiction, and eradication programs. (14) Migration Protecting and caring for refugees, displaced persons, and other migrants; addressing the root causes of migration; and promoting the development of appropriate immigration and emigration laws and procedures. (Pub. L. 87–195, pt. I, § 498, as added Pub. L. 102–511, title II, § 201, Oct. 24, 1992, 106 Stat. 3324; amended Pub. L. 107–246, § 4(a), Oct. 23, 2002, 116 Stat. 1514.) Editorial Notes AMENDMENTS 2002—Par. (2). Pub. L. 107–246, § 4(a)(1)(A), substituted ‘‘Democracy and rule of law’’ for ‘‘Democracy’’ in head- ing. Par. (2)(E) to (J). Pub. L. 107–246, § 4(a)(1)(B)–(E), added subpars. (E) to (H) and (J), redesignated former subpar. (F) as (I), and struck out former subpars. (E) and (G) which read as follows: ‘‘(E) the development of a free and independent media; ‘‘(G) strengthened administration of justice through programs and activities carried out in accordance with section 2295b(e) of this title.’’ Pars. (3) to (14). Pub. L. 107–246, § 4(a)(2), added par. (3) and redesignated former pars. (3) to (13) as (4) to (14), respectively. Statutory Notes and Related Subsidiaries FINDINGS AND PURPOSES Pub. L. 107–246, § 2, Oct. 23, 2002, 116 Stat. 1511, pro- vided that: ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(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 institu- tions 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 inter- national 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 demo- cratic and liberal economic foundations and the rule of law. ‘‘(3)(A) Since 1992, United States Government demo- cratic reform programs and public diplomacy pro- grams, including training, and small grants have pro- vided access to and training in the use of the Inter- net, 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 par- ties. ‘‘(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 econ- omy. Approximately two-thirds of the Russian Fed- eration’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 focus- ing 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 busi- nesses in the Russian Federation, producing 12 to 15 percent, depending on the estimate, of the gross do- mestic product of the Russian Federation. ‘‘(C) United States-funded programs have contrib- uted to fighting corruption and financial crime, such as money laundering, by helping to— ‘‘(i) establish a commercial legal infrastructure; ‘‘(ii) develop an independent judiciary; Page 765 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2295 ‘‘(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 Commis- sion; ‘‘(v) support Russian law schools; ‘‘(vi) create legal aid clinics; and ‘‘(vii) bolster law-related activities of nongovern- mental 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-mar- ket, democratic nations would enhance Russian co- operation 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 in- terest of the United States, and the United States Government should develop a far-reaching and flexi- ble strategy aimed at strengthening Russian society’s support for democracy and a market economy, par- ticularly by enhancing Russian democratic institu- tions 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 strug- gle 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 [see Short Title of 2002 Amendments note set out under section 2151 of this title] are— ‘‘(1) to strengthen and advance institutions of democratic government and of free and independent media, and to sustain the development of an inde- pendent civil society in the Russian Federation based on religious and ethnic tolerance, internationally recognized human rights, and an internationally rec- ognized rule of law; and ‘‘(2) to focus United States foreign assistance pro- grams on using local expertise and to give local orga- nizations a greater role in designing and imple- menting such programs, while maintaining appro- priate oversight and monitoring.’’ UNITED STATES POLICY TOWARD THE RUSSIAN FEDERATION Pub. L. 107–246, § 3, Oct. 23, 2002, 116 Stat. 1513, pro- vided that: ‘‘(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 demo- cratic forces in the Russian Federation, including the independent media, regional administrations, demo- cratic political parties, and nongovernmental organi- zations. ‘‘(b) STATEMENT OF POLICY.—It shall be the policy of the United States— ‘‘(1) to facilitate Russia’s integration into the West- ern 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 mem- bership in the appropriate international institutions; ‘‘(2) to engage the Government of the Russian Fed- eration 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 reli- gion, 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 offi- cials and private sector individuals to meet regularly with democratic activists, human rights activists, representatives of the independent media, representa- tives of nongovernmental organizations, civic orga- nizers, church officials, and reform-minded politi- cians from Moscow and all other regions of the Rus- sian Federation; ‘‘(5) to incorporate democratic reforms, the pro- motion of independent media, and economic reforms in a broader United States dialogue with the Govern- ment of the Russian Federation; ‘‘(6) to encourage the Government of the Russian Federation to address, in a cooperative and trans- parent manner consistent with internationally recog- nized and accepted principles, cross-border issues, in- cluding the nonproliferation of weapons of mass de- struction, environmental degradation, crime, traf- ficking, and corruption; ‘‘(7) to consult with the Government of the Russian Federation and the Russian Parliament on the adop- tion of economic and social reforms necessary to sus- tain 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 to- ward the other independent states of the former So- viet Union in the spirit of internationally accepted principles of regional cooperation; and ‘‘(9) to encourage the G–8 partners and inter- national financial institutions, including the World Bank, the International Monetary Fund, and the Eu- ropean Bank for Reconstruction and Development, to develop financial safeguards and transparency prac- tices in lending to the Russian Federation.’’ ACTIVITIES TO SUPPORT THE RUSSIAN FEDERATION Pub. L. 107–246, § 5, Oct. 23, 2002, 116 Stat. 1515, pro- vided that: ‘‘(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 Fed- eration, the Duma, and representatives of the Rus- sian 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 im- portance of independent media, including the estab- lishment of ‘American Centers’ and public policy schools at Russian universities and encourage cooper- ative programs with universities in the United States to offer courses through Internet-based off-site learn- ing 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 pro- grams as a model for all regions of the Russian Fed- eration. ‘‘(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 Page 766 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2295a 1 So in original. Probably should be ‘‘Baltic’’. using local languages as appropriate and as possible, to disseminate throughout the Russian Federation infor- mation relating to democracy, free-market economics, the rule of law, and human rights.’’ Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title, and section 3(b) of Ex. Ord. No. 12884, Dec. 1, 1993, 58 F.R. 64099, as amended, set out as a note under section 5812 of this title. § 2295a. Criteria for assistance to governments of the independent states (a) In general In providing assistance under this part for the government of any independent state of the former Soviet Union, the President shall take into account not only relative need but also the extent to which that independent state is acting to— (1) make significant progress toward, and is committed to the comprehensive implementa- tion of, a democratic system based on prin- ciples of the rule of law, individual freedoms, and representative government determined by free and fair elections; (2) make significant progress in, and is com- mitted to the comprehensive implementation of, economic reform based on market prin- ciples, private ownership, and integration into the world economy, including implementation of the legal and policy frameworks necessary for such reform (including protection of intel- lectual property and respect for contracts); (3) respect internationally recognized human rights, including the rights of minorities and the rights to freedom of religion and emigra- tion; (4) respect international law and obligations and adhere to the Helsinki Final Act of the Conference on Security and Cooperation in Europe and the Charter of Paris, including the obligations to refrain from the threat or use of force and to settle disputes peacefully; (5) cooperate in seeking peaceful resolution of ethnic and regional conflicts; (6) implement responsible security policies, including— (A) adhering to arms control obligations derived from agreements signed by the former Soviet Union; (B) reducing military forces and expendi- tures to a level consistent with legitimate defense requirements; (C) not proliferating nuclear, biological, or chemical weapons, their delivery systems, or related technologies; and (D) restraining conventional weapons transfers; (7) take constructive actions to protect the international environment, prevent signifi- cant transborder pollution, and promote sus- tainable use of natural resources; (8) deny support for acts of international ter- rorism; (9) accept responsibility for paying an equi- table portion of the indebtedness to United States firms incurred by the former Soviet Union; (10) cooperate with the United States Gov- ernment in uncovering all evidence regarding Americans listed as prisoners-of-war, or other- wise missing during American operations, who were detained in the former Soviet Union dur- ing the Cold War; and (11) terminate support for the communist re- gime in Cuba, including removal of troops, closing military and intelligence facilities, in- cluding the military and intelligence facilities at Lourdes and Cienfuegos, and ceasing trade subsidies and economic, nuclear, and other as- sistance. (b) Ineligibility for assistance The President shall not provide assistance under this part— (1) for the government of any independent state that the President determines is engaged in a consistent pattern of gross violations of internationally recognized human rights or of international law; (2) for the government of any independent state that the President determines has failed to take constructive actions to facilitate the effective implementation of applicable arms control obligations derived from agreements signed by the former Soviet Union; (3) for the government of any independent state that the President determines has, on or after October 24, 1992, knowingly transferred to another country— (A) missiles or missile technology incon- sistent with the guidelines and parameters of the Missile Technology Control Regime; or (B) any material, equipment, or tech- nology that would contribute significantly to the ability of such country to manufac- ture any weapon of mass destruction (in- cluding nuclear, chemical, and biological weapons) if the President determines that the material, equipment, or technology was to be used by such country in the manufac- ture of such weapon; (4) for the government of any independent state that is prohibited from receiving such assistance by section 2799aa or 2799aa–1 of this title or sections 5604(a)(1) and 5605 of this title; (5) for the government of any independent state effective 30 days after the President has determined and certified to the appropriate congressional committees (and Congress has not enacted legislation disapproving the deter- mination within that 30-day period) that such government is providing assistance for, or en- gaging in nonmarket based trade (as defined in section 2295b(k)(3) of this title) with, the Cuban Government; or (6) for the Government of Russia if it has failed to make significant progress on the re- moval of Russian or Commonwealth of Inde- pendent States troops from Estonia, Latvia, and Lithuania or if it has failed to undertake good faith efforts, such as negotiations, to end other military practices that violate the sov- ereignty of the Baltics 1 states.