22 U.S.C. § 2346c — Administration of justice

Page 807 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2346c resolution making continuing appropriations) which earmarks funds available to carry out this part for a specific country or purpose, up to 5 percent of each amount so earmarked may be used to carry out this section. (Pub. L. 87–195, pt. II, § 533, formerly § 535, as added Pub. L. 97–113, title II, § 202, Dec. 29, 1981, 95 Stat. 1530; renumbered § 533 and amended Pub. L. 99–83, title II, § 201(b), Aug. 8, 1985, 99 Stat. 211.) Editorial Notes CODIFICATION Section was classified to section 2346d of this title prior to renumbering by Pub. L. 99–83. PRIOR PROVISIONS A prior section 2346b, Pub. L. 87–195, pt. II, § 533, as added Pub. L. 97–113, title II, § 202, Dec. 29, 1981, 95 Stat. 1530, related to grants for eastern Mediterranean pro- grams, prior to repeal by Pub. L. 99–83, title II, § 201(a), Aug. 8, 1985, 99 Stat. 210. Another prior section 2346b, Pub. L. 87–195, pt. II, § 533, as added Pub. L. 96–533, title II, § 202, Dec. 16, 1980, 94 Stat. 3143, related to Central American economic support, prior to repeal by Pub. L. 97–113, § 202, Dec. 29, 1981, 95 Stat. 1529. Another prior section 2346b, Pub. L. 87–195, pt. II, § 533, as added Pub. L. 95–92, § 8(c), Aug. 4, 1977, 91 Stat. 618; amended Pub. L. 95–384, § 10(a), Sept. 26, 1978, 92 Stat. 735; Pub. L. 96–92, § 8(c), Oct. 29, 1979, 93 Stat. 704, provided for a Southern Africa economic support pro- gram, including availability of funds and assistance re- quirements and limitations, prior to repeal by Pub. L. 96–533, title II, § 202, Dec. 16, 1980, 94 Stat. 3142. Another prior section 2346b, Pub. L. 87–195, pt. II, § 533, as added Pub. L. 92–226, pt. II, § 202(a), Feb. 7, 1972, 86 Stat. 27, provided for a Vietnam special dollar ac- count for coverage of United States refund claims, amount in account, and maintenance of dollar level, prior to repeal by Pub. L. 93–189, § 13(2), Dec. 17, 1973, 87 Stat. 722. AMENDMENTS 1985—Subsec. (a). Pub. L. 99–83, § 202(b)(1), substituted ‘‘1986’’ and ‘‘1987’’ for ‘‘1982’’ and ‘‘1983’’, respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under sec- tion 2151–1 of this title. § 2346c. Administration of justice (a) Authorization of assistance; purposes The President may furnish assistance under this part to countries and organizations, includ- ing national and regional institutions, in order to strengthen the administration of justice in countries in Latin America and the Caribbean. (b) Scope of assistance Assistance under this section may only in- clude— (1) support for specialized professional train- ing, scholarships, and exchanges for con- tinuing legal education; (2) programs to enhance prosecutorial and judicial capabilities and protection for partici- pants in judicial cases; (3) notwithstanding section 2420 of this title— (A) programs to enhance professional capa- bilities to carry out investigative and foren- sic functions conducted under judicial or prosecutorial control; (B) programs to assist in the development of academic instruction and curricula for training law enforcement personnel; (C) programs to improve the administra- tive and management capabilities of law en- forcement agencies, especially their capa- bilities relating to career development, per- sonnel evaluation, and internal discipline procedures; and (D) programs, conducted through multilat- eral or regional institutions, to improve penal institutions and the rehabilitation of offenders; (4) strengthening professional organizations in order to promote services to members and the role of the bar in judicial selection, en- forcement of ethical standards, and legal re- form; (5) increasing the availability of legal mate- rials and publications; (6) seminars, conferences, and training and educational programs to improve the adminis- tration of justice and to strengthen respect for the rule of law and internationally recognized human rights; and (7) revision and modernization of legal codes and procedures. (c) Availability of funds Not more than $20,000,000 of the funds made available to carry out this part for any fiscal year shall be available to carry out this section, in addition to amounts otherwise available for such purposes. (d) Obligation of funds Funds may not be obligated for assistance under this section unless the Committee on For- eign Affairs of the House of Representatives and the Committee on Foreign Relations of the Sen- ate are notified of the amount and nature of the proposed assistance at least 15 days in advance in accordance with the procedures applicable to reprogrammings pursuant to section 2394–1 of this title. (e) Participation of Defense personnel in train- ing prohibited; availability of funds; expira- tion of authority Personnel of the Department of Defense and members of the United States Armed Forces may not participate in the provision of training under this section. Of the funds made available to carry out this section, not more than $10,000,000 may be made available in fiscal year 1991 to carry out the provisions of subsection (b)(3) of this section. The authority of this sec- tion shall expire on September 30, 1991. (Pub. L. 87–195, pt. II, § 534, as added Pub. L. 99–83, title VII, § 712, Aug. 8, 1985, 99 Stat. 244; amended Pub. L. 100–202, § 101(e) [title V, § 579], Dec. 22, 1987, 101 Stat. 1329–131, 1329–181; Pub. L. 101–167, title II, Nov. 21, 1989, 103 Stat. 1206; Pub. L. 101–513, title II, Nov. 5, 1990, 104 Stat. 1990; Pub. L. 101–623, § 2(b)(6), Nov. 21, 1990, 104 Stat. 3351.) Page 808 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2346d Editorial Notes PRIOR PROVISIONS A prior section 2346c, Pub. L. 87–195, pt. II, § 534, as added Pub. L. 97–113, title II, § 202, Dec. 29, 1981, 95 Stat. 1530, prohibited the use of funds for nuclear facilities in foreign countries except under certain circumstances, prior to repeal by Pub. L. 99–83, title II, § 201(a), Aug. 8, 1985, 99 Stat. 210. Another prior section 2346c, Pub. L. 87–195, pt. II, § 534, as added Pub. L. 95–384, § 10(a), Sept. 26, 1978, 92 Stat. 735; amended Pub. L. 96–92, § 8(d), Oct. 29, 1979, 93 Stat. 704, provided economic support for Turkey and Cyprus in amounts of $98,000,000 and $15,000,000 for fiscal year 1980, prior to repeal by Pub. L. 96–533, title II, § 202, Dec. 16, 1980, 94 Stat. 3142. AMENDMENTS 1990—Subsec. (e). Pub. L. 101–623, § 2(b)(6)(A), which directed the substitution of ‘‘$10,000,000 may be made available in fiscal year 1991’’ for ‘‘$7,000,000 may be made available in fiscal year 1990’’, was executed by making the substitution for ‘‘$7,000,000 may be made available in fiscal year 1991’’ to reflect the probable in- tent of Congress and the intervening substitution of ‘‘fiscal year 1991’’ for ‘‘fiscal year 1990’’ by Pub. L. 101–513. See below. Pub. L. 101–623, § 2(b)(6)(B), and Pub. L. 101–513, amended subsec. (e) identically, substituting ‘‘Sep- tember 30, 1991’’ for ‘‘September 30, 1990’’. Pub. L. 101–513 substituted ‘‘fiscal year 1991’’ for ‘‘fis- cal year 1990’’. 1989—Subsec. (e). Pub. L. 101–167 substituted ‘‘fiscal year 1990’’ for ‘‘each of fiscal years 1988 and 1989’’ and ‘‘September 30, 1990’’ for ‘‘September 30, 1989’’. 1987—Subsec. (b)(3). Pub. L. 100–202, § 101(e) [title V, § 579(a)], amended par. (3) generally. Prior to amend- ment, par. (3) read as follows: ‘‘notwithstanding section 2420 of this title, programs to enhance investigative ca- pabilities, conducted under judicial or prosecutorial control;’’. Subsec. (e). Pub. L. 100–202, § 101(e) [title V, § 579(b)], amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: ‘‘The authority of this sec- tion shall expire on September 30, 1987.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as an Effective Date of 1985 Amend- ment note under section 2151–1 of this title. ADMINISTRATION OF JUSTICE ACTIVITIES Pub. L. 108–199, div. D, title V, § 536, Jan. 23, 2004, 118 Stat. 183, provided that: ‘‘Of the funds appropriated or otherwise made available by this Act or any subsequent Act for ‘Economic Support Fund’, assistance may be provided to strengthen the administration of justice in countries in Latin America and the Caribbean and in other regions consistent with the provisions of section 534(b) of the Foreign Assistance Act of 1961 [22 U.S.C. 2346c(b)], except that programs to enhance protection of participants in judicial cases may be conducted not- withstanding section 660 of that Act [22 U.S.C. 2420]. Funds made available pursuant to this section may be made available notwithstanding section 534(c) and the second and third sentences of section 534(e) of the For- eign Assistance Act of 1961 [22 U.S.C. 2346c(c), (e)].’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 108–7, div. E, title V, § 536, Feb. 20, 2003, 117 Stat. 195. Pub. L. 107–115, title V, § 536, Jan. 10, 2002, 115 Stat. 2152. Pub. L. 106–429, § 101(a) [title V, § 540], Nov. 6, 2000, 114 Stat. 1900, 1900A–37. Pub. L. 106–113, div. B, § 1000(a)(2) [title V, § 540], Nov. 29, 1999, 113 Stat. 1535, 1501A–95. Pub. L. 105–277, div. A, § 101(d) [title V, § 542], Oct. 21, 1998, 112 Stat. 2681–150, 2681–184. Pub. L. 105–118, title V, § 541, Nov. 26, 1997, 111 Stat. 2418. Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 543], Sept. 30, 1996, 110 Stat. 3009–121, 3009–157. Pub. L. 104–107, title V, § 543, Feb. 12, 1996, 110 Stat. 739. Pub. L. 103–306, title V, § 549(a), (c), Aug. 23, 1994, 108 Stat. 1643, 1644. Pub. L. 103–87, title V, § 551(a)(1), (b), Sept. 30, 1993, 107 Stat. 962. Pub. L. 102–391, title V, § 588(a)(1), (b), Oct. 6, 1992, 106 Stat. 1689, 1690. ANTI-NARCOTICS UPDATE Pub. L. 102–145, § 124, as added by Pub. L. 102–266, § 102, Apr. 1, 1992, 106 Stat. 97, provided that: ‘‘The program authorized by section 534 of the Foreign Assistance Act of 1961 [22 U.S.C. 2346c] may continue from funds appro- priated by this joint resolution for foreign operations, export financing, and related programs, notwith- standing the last sentence of section 534(e) of that Act: Provided, That such programs may include the protec- tion of participants in judicial cases, notwithstanding section 660 of that Act [22 U.S.C. 2420]: Provided further, That, notwithstanding sections 534(c) and 660 of that Act, (1) up to $10,000,000 to provide support for a profes- sional civilian police force for Panama, except that such assistance shall not include more than $5,000,000 for the procurement of equipment for law enforcement purposes, and shall not include lethal equipment, and (2) up to $16,000,000 for Bolivia, Colombia, and Peru.’’ 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. § 2346d. People-to-People Partnership for Peace Fund (a) Establishment Beginning on the date that is one year after Dec. 27, 2020, the Administrator of the United States Agency for International Development is authorized to establish a program to provide funding for projects to help build the foundation for peaceful co-existence between Israelis and Palestinians and for a sustainable two-state so- lution. The program established under this sub- section shall be known as the ‘‘People-to-People Partnership for Peace Fund’’ (referred to in this section as the ‘‘Fund’’). (b) Eligibility for support In providing funding for projects through the Fund, the Administrator may provide support for qualified organizations, prioritizing those or- ganizations that seek to build better coopera- tion between Israelis and Palestinians, including Palestinian organizations, Israeli organizations, and international organizations that bring Israelis and Palestinians together. (c) Additional eligibility for support In providing funding for projects through the Fund, the Administrator may additionally pro- vide support to qualified organizations that fur- ther shared community building, peaceful co-ex- istence, dialogue, and reconciliation between Arab and Jewish citizens of Israel. (d) Contributions The Administrator—