22 U.S.C. § 2346b — Emergency assistance

Page 806 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2346b 1529; amended Pub. L. 98–151, § 101(b)(2), Nov. 14, 1983, 97 Stat. 970, earmarked specific funds for Israel and Egypt, prior to repeal by Pub. L. 99–83, title II, § 201(a), Aug. 8, 1985, 99 Stat. 210. Another prior section 2346a, Pub. L. 87–195, pt. II, § 532, as added Pub. L. 96–533, title II, § 202, Dec. 16, 1980, 94 Stat. 3142, related to Middle East programs and use of fiscal year funds, prior to repeal by Pub. L. 97–113, title II, § 202, Dec. 29, 1981, 95 Stat. 1529. Another prior section 2346a, Pub. L. 87–195, pt. II, § 532, as added Pub. L. 92–226, pt. II, § 202(a), Feb. 7, 1972, 86 Stat. 26; amended Pub. L. 93–189, § 13(1), Dec. 17, 1973, 87 Stat. 722; Pub. L. 93–559, § 18, Dec. 30, 1974, 88 Stat. 1800; Pub. L. 94–329, title V, § 501(a), June 30, 1976, 90 Stat. 762; Pub. L. 95–92, § 8(b), Aug. 4, 1977, 91 Stat. 617; Pub. L. 95–384, § 10(a), Sept. 26, 1978, 92 Stat. 733; Pub. L. 96–92, § 8(b), Oct. 29, 1979, 93 Stat. 703, related to Middle East program, providing policy requirements, avail- ability of funds, amount of grants, and cash transfers, regional programs, comprehensive peace settlement and process of peace, and assistance to Syria, prior to repeal by Pub. L. 96–533, title II, § 202, Dec. 16, 1980, 94 Stat. 3142. 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. TERMINATION OF ASSISTANCE PROGRAMS TO SYRIA Pub. L. 98–164, title X, § 1004, Nov. 22, 1983, 97 Stat. 1057, provided that: ‘‘(a) After the enactment of this section [Nov. 22, 1983], funds available to the Agency for International Development may not be used for any payment or reim- bursement of any kind to the Government of Syria or for the delivery of any goods or services of any kind to the Government of Syria. ‘‘(b) The Administrator of the Agency for Inter- national Development shall deobligate all funds which have been obligated for Syria under the Foreign Assist- ance Act of 1961 [this chapter] prior to the enactment of this section [Nov. 22, 1983], except that— ‘‘(1) such funds may continue to be used to finance the training or studies outside of Syria of students whose course of study began before the enactment of this section; ‘‘(2) the Administrator may adopt as a contract of the United States Government any contract with a United States or third-country contractor which would otherwise be terminated pursuant to this sub- section, and may assume in whole or in part any li- abilities arising under such contract, except that the authority provided by this paragraph may be exer- cised only to the extent that budget authority is available to meet the obligations of the United States under such contracts; and ‘‘(3) amounts certified pursuant to section 1311 of the Supplemental Appropriation Act, 1955 [31 U.S.C. 1108(c), 1501, 1502(a)], as having been obligated for Syria under chapter 4 of part II of the Foreign Assist- ance Act of 1961 [this part] shall continue to be avail- able until expended to meet necessary expenses aris- ing from the termination of assistance programs for Syria pursuant to this subsection.’’ Pub. L. 98–151, § 101(b)(1), Nov. 14, 1983, 97 Stat. 964, provided that: ‘‘None of the funds heretofore appro- priated or otherwise made available for Syria for the purposes of carrying out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 [this part] shall be expended after the date of enactment of this joint resolution [Nov. 14, 1983]. The Administrator of the Agency for International Development is directed to terminate the economic assistance program to Syria and to deobligate all funds heretofore obligated for as- sistance to Syria, except that such funds may continue to be available to finance the training or studies out- side of Syria of students whose course of study or train- ing program began before enactment of this joint reso- lution. The Administrator of the Agency for Inter- national Development is authorized to adopt as a con- tract of the United States Government, and assume any liabilities arising thereunder (in whole or in part), any contract with a United States contractor which had been funded by the Agency for International Devel- opment prior to the date of enactment of this joint res- olution. Amounts certified pursuant to section 1311 of the Supplemental Appropriations Act, 1955 [31 U.S.C. 1108(c), 1501, 1502(a)], as having been obligated against appropriations heretofore made pursuant to chapter 4 of part II of the Foreign Assistance Act of 1961 (and predecessor legislation) for Syria are hereby continued available until expended to meet necessary expenses arising from the termination under this subsection of assistance programs for Syria authorized by such chap- ter: Provided, That this shall not be construed as per- mitting payments or reimbursements of any kind to the Government of Syria.’’ NEGOTIATIONS BETWEEN ISRAEL AND EGYPT; PROMOTION, ETC. Pub. L. 95–384, § 28, Sept. 26, 1978, 92 Stat. 746, provided that: ‘‘(a) The Congress finds that— ‘‘(1) a lasting settlement of the Arab-Israel conflict is vital to United States national interests as well as to the interests of the countries of the region; ‘‘(2) support for a strong and secure Israel and the maintenance for this purpose of Israel’s effective de- fense capabilities as essential to peace remains a fun- damental tenet of United States foreign policy; ‘‘(3) direct, face-to-face negotiations between Israel and Egypt without preconditions is an historic open- ing for peace, and the support of such negotiations by other moderate Arab countries, can best promote a peace settlement based on mutual concessions and accommodations; ‘‘(4) the establishment of secure, recognized, and de- fensible borders between Israel and its neighbors will discourage hostilities; and ‘‘(5) full, normalized relations between Israel and its Arab neighbors, including trade, travel, tourism, communications, and diplomatic relations are vital for peace. ‘‘(b) It is the sense of the Congress that the Govern- ment of the United States should continue to promote direct negotiations between Israel and Egypt and to en- courage other Arab countries to enter into negotiations leading to peace treaties with Israel. ‘‘(c) It is further the sense of the Congress that the United States should be responsive to Israel’s economic needs and defense requirements, including the provi- sion of additional advanced aircraft, in order to main- tain Israel’s defense capability which is essential to peace.’’ 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. § 2346b. Emergency assistance (a) Of the funds appropriated to carry out this part, up to $75,000,000 for the fiscal year 1986 and up to $75,000,000 for the fiscal year 1987 may be made available for emergency use under this part when the national interests of the United States urgently require economic support to promote economic or political stability. (b) Notwithstanding any provision of this part or of an appropriations Act (including a joint 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.)