Amendments
2002—Par. (2). [Pub. L. 107–246, § 4(a)(1)(A)], substituted “Democracy and rule of law” for “Democracy” in heading.
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], provided that:“(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.—
“(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.”
United States Policy Toward the Russian Federation
[Pub. L. 107–246, § 3], Oct. 23, 2002, [116 Stat. 1513], provided 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 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.”
Activities To Support the Russian Federation
[Pub. L. 107–246, § 5], Oct. 23, 2002, [116 Stat. 1515], provided 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 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.”
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.