Part IV—Economic Support Fund
§2346. Authority
(a) Policy requirements for assistance
The Congress recognizes that, under special economic, political, or security conditions, the national interests of the United States may require economic support for countries or in amounts which could not be justified solely under part I of subchapter I of this chapter or, in the case of countries in sub-Saharan Africa, part X of subchapter I of this chapter. In such cases, the President is authorized to furnish assistance to countries and organizations, on such terms and conditions as he may determine, in order to promote economic or political stability. To the maximum extent feasible, the President shall provide assistance under this part consistent with the policy directions, purposes, and programs of subchapter I of this chapter.
(b) Responsibility for policy decisions and justifications
The Secretary of State shall be responsible for policy decisions and justifications for economic support programs under this part, including determinations of whether there will be an economic support program for a country and the amount of the program for each country. The Secretary shall exercise this responsibility in cooperation with the Administrator of the agency primarily responsible for administering subchapter I of this chapter.
(c) Detailed justification for uses and purposes of funds
As part of the annual presentation materials for foreign assistance submitted to the Congress, the agency primarily responsible for administering subchapter II of this chapter shall provide a detailed justification for the uses and the purposes of the funds provided under this part. Such material shall include, but not be limited to, information concerning the amounts and kinds of cash grant transfers, the amounts and kinds of budgetary and balance-of-payments support provided, and the amounts and kinds of project assistance provided with funds made available under this part.
(d) Repealed. Pub. L. 105–277, div. A, §101(d) [title V, §533(a)(5)], Oct. 21, 1998, 112 Stat. 2681–150 , 2681-180
(e) Availability of funds
Amounts appropriated to carry out this part shall be available for economic programs only and may not be used for military or paramilitary purposes.
(
Editorial Notes
Prior Provisions
A prior section 2346,
Amendments
1998—Subsec. (d).
1990—Subsec. (a).
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include This and Certain Other Parts of Subchapter II, and References to Subchapter II Deemed To Exclude Such Parts
References to subchapter I of this chapter are deemed to include parts VI (§2348 et seq.) and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See
Reference to Part I Deemed To Include Section 2293
Reference to part I of subchapter I of this chapter deemed to include a reference to
Effective Date
Section effective Oct. 1, 1985, see section 1301 of
Assistance to Lebanon
"(a)
"(1) the armed forces of Lebanon have been deployed to the internationally recognized border between Lebanon and Israel; and
"(2) the Government of Lebanon is effectively asserting its authority in the area in which such armed forces have been deployed.
"(b)
[For definition of "appropriate congressional committees" as used in section 1224 of
Assistance to Afghanistan
"(a)
"(b)
"(c)
Reports on Economic Conditions Prevailing in Egypt, Israel, Turkey, and Portugal
"(a)
"(b)
[For delegation of functions of President under section 1205(b) of
References to Security Supporting Assistance as References to Assistance Under Part IV of Subchapter II of This Chapter
Security Supporting Assistance Program for Egypt
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
§2346a. Authorizations of appropriations
(a) Recipients and purposes of funds
There are authorized to be appropriated to the President to carry out the purposes of this part—
(1) $2,015,000,000 for the fiscal year 1986 and $2,015,000,000 for the fiscal year 1987 for the following countries signing the Camp David agreement: Israel and Egypt; and
(2) $1,785,000,000 for the fiscal year 1986 and $1,785,000,000 for the fiscal year 1987 for assistance under this part for recipients or purposes other than the countries referred to in paragraph (1).
(b) Availability of amounts
Amounts appropriated to carry out this part are authorized to remain available until expended.
(
Editorial Notes
Prior Provisions
A prior section 2346a,
Another prior section 2346a,
Another prior section 2346a,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1985, see section 1301 of
Termination of Assistance Programs to Syria
"(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 reimbursement 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 International Development shall deobligate all funds which have been obligated for Syria under the Foreign Assistance 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 subsection, and may assume in whole or in part any liabilities arising under such contract, except that the authority provided by this paragraph may be exercised 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 [
Negotiations Between Israel and Egypt; Promotion, Etc.
"(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 defense capabilities as essential to peace remains a fundamental tenet of United States foreign policy;
"(3) direct, face-to-face negotiations between Israel and Egypt without preconditions is an historic opening 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 defensible 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 Government of the United States should continue to promote direct negotiations between Israel and Egypt and to encourage 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 provision of additional advanced aircraft, in order to maintain 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
§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 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.
(
Editorial Notes
Codification
Section was classified to
Prior Provisions
A prior section 2346b,
Another prior section 2346b,
Another prior section 2346b,
Another prior section 2346b,
Amendments
1985—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by
§2346c. Administration of justice
(a) Authorization of assistance; purposes
The President may furnish assistance under this part to countries and organizations, including 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 include—
(1) support for specialized professional training, scholarships, and exchanges for continuing legal education;
(2) programs to enhance prosecutorial and judicial capabilities and protection for participants in judicial cases;
(3) notwithstanding
(A) programs to enhance professional capabilities to carry out investigative and forensic 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 administrative and management capabilities of law enforcement agencies, especially their capabilities relating to career development, personnel evaluation, and internal discipline procedures; and
(D) programs, conducted through multilateral 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, enforcement of ethical standards, and legal reform;
(5) increasing the availability of legal materials and publications;
(6) seminars, conferences, and training and educational programs to improve the administration 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 Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate 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
(e) Participation of Defense personnel in training prohibited; availability of funds; expiration 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 section shall expire on September 30, 1991.
(
Editorial Notes
Prior Provisions
A prior section 2346c,
Another prior section 2346c,
Amendments
1990—Subsec. (e).
1989—Subsec. (e).
1987—Subsec. (b)(3).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1985, see section 1301 of
Administration of Justice Activities
Similar provisions were contained in the following prior appropriation acts:
Anti-Narcotics Update
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
§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 solution. The program established under this subsection 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 organizations that seek to build better cooperation 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 provide support to qualified organizations that further shared community building, peaceful co-existence, dialogue, and reconciliation between Arab and Jewish citizens of Israel.
(d) Contributions
The Administrator—
(1) is encouraged to work with foreign governments and international organizations to leverage the impact of United States resources and achieve the objectives of this section; and
(2) is authorized to accept contributions for the purposes of the Fund, consistent with subsection (d) of
(e) Advisory board
(1) Establishment
The Administrator shall establish an advisory board to make recommendations to the Administrator regarding the types of projects that should be considered for funding through the Fund.
(2) Membership
(A) In general
Subject to subparagraph (B), the advisory board shall be composed of 13 members, none of whom may be Members of Congress, who shall be appointed for renewable periods of 3 years, as follows:
(i) One member to serve as chair, appointed by the Administrator, in consultation with the Secretary of State.
(ii) One member appointed by the chair, and one member appointed by the ranking member, of the Committee on Foreign Relations of the Senate.
(iii) One member appointed by the chair, and one member appointed by the ranking member, of the Committee on Foreign Affairs of the House of Representatives.
(iv) One member appointed by the chair, and one member appointed by the ranking member, of the Committee on Appropriations of the Senate.
(v) One member appointed by the chair, and one member appointed by the ranking member, of the Committee on Appropriations of the House of Representatives.
(vi) One member appointed by the majority leader, and one member appointed by the minority leader, of the Senate.
(vii) One member appointed by the Speaker, and one member appointed by the minority leader, of the House of Representatives.
(B) International participation
The Administrator may appoint up to two additional members to the advisory board who are representatives of foreign governments or international organizations for renewable periods of 3 years.
(C) Qualifications
Members of the advisory board shall have demonstrated regional expertise and experience and expertise in conflict mitigation and people-to-people programs, and shall not receive compensation on account of their service on the advisory board.
(f) USAID mission recommendations
The Administrator shall consider the input and recommendations from missions of the United States Agency for International Development in the region and mission directors regarding projects that should be considered for funding through the Fund.
(g) Coordination
The Administrator shall coordinate with the Secretary of State in carrying out the provisions of this section.
(
Editorial Notes
Prior Provisions
A prior section 2346d,
Statutory Notes and Related Subsidiaries
Nita M. Lowey Middle East Partnership for Peace
"SHORT TITLE
"FINDINGS
"(1) Economic development in conflict settings has been shown to support stabilization by empowering entrepreneurs, growing the middle class, and mitigating unemployment.
"(2) In 2018, unemployment in the Palestinian territories was 32.4 percent. Gross Domestic Product (GDP) growth in the Palestinian territories declined from 2017 to 2019, and it is projected to further decline in 2020.
"(3) According to the World Bank Ad Hoc Liaison Committee's April 2019 Economic Monitoring Report, 'to achieve sustainable economic growth, in the Palestinian territories, growth and job creation going forward will need to be private sector driven'.
"(4) According to the 2018 Joint Strategic Plan of the Department of State and the United States Agency for International Development, 'assistance can help prevent new recruitment to terrorist organizations, reduce levels of violence, promote legitimate governance structures that strengthen inclusion, and reduce policies that marginalize communities'.
"(5) Although economic development is an important tool for stabilizing conflict-prone settings and establishing connections between communities, economic development by itself will not lead to lasting peace. People-to-people peace-building programs further advance reconciliation efforts by promoting greater understanding, mutual trust, and cooperation between communities.
"(6) While the United States and its international partners continue to support diplomatic and political negotiations between the representatives of the parties to the Israeli-Palestinian conflict, such efforts require broad popular support among the people on the ground to succeed.
"(7) Achieving sustainable, high-level agreements for lasting peace in the Middle East must come through, and with the support of, the people who live there, and the United States and its international partners can help the people of the region build popular support for sustainable agreements for lasting peace.
"SENSE OF CONGRESS
"(1) building a viable Palestinian economy is central to the effort to preserve the possibility of a negotiated settlement leading to a sustainable two-state solution with the democratic, Jewish state of Israel and a demilitarized, democratic Palestinian state living side-by-side in peace, security, and mutual recognition;
"(2) United States and international support for grassroots, people-to-people efforts aimed at fostering tolerance, and building support for such solution, can help counter extremist propaganda and the growing issue of incitement;
"(3) strengthening engagement between Palestinians and Israelis, including through people-to-people peace-building programs can increase the bonds of friendship and understanding;
"(4) investing in the development of the Palestinian economy and in joint economic ventures can advance multiple sectors to the benefit of local, regional, and global parties; and
"(5) Congress encourages cooperation between Palestinian, American, and Israeli business sectors in order to benefit the Palestinian, American, and Israeli peoples and economies.
"PEOPLE-TO-PEOPLE PARTNERSHIP FOR PEACE FUND
"JOINT INVESTMENT FOR PEACE INITIATIVE
"(b)
"(c)
"(d)
"(1) select a manager of the Initiative;
"(2) oversee and direct the operation of the Initiative consistent with such Act and other provisions of law;
"(3) provide the Initiative with loans, guaranties, equity, and insurance, as appropriate, to enable the Initiative to attract private investment;
"(4) support the private sector in entering into joint ventures between Palestinian and Israeli entities; and
"(5) carry out the purposes of the Initiative consistent with the provisions of this section and other applicable provisions of law.
"(e)
"(1)
"(A) The extent to which the Initiative has contributed to promoting and supporting Palestinian economic development.
"(B) The extent to which the Initiative has contributed to greater integration of the Palestinian economy into the international rules-based business system.
"(C) The extent to which projects that increase economic cooperation between Palestinians and Israelis and between Palestinians and Americans have been prioritized, including through support to the private sector to enter into joint ventures.
"(D) Information on the following:
"(i) Investments received and provided through the Initiative.
"(ii) The mechanisms established for transparency and accountability of investments provided through the Initiative.
"(E) The extent to which entities supported by the Initiative have impacted the efficacy of people-to-people programs.
"(F) To the extent practicable, an assessment of the sustainability of commercial endeavors that receive support from the Initiative.
"(G) A description of the process for vetting and oversight of entities eligible for support from the Initiative to ensure compliance with the requirements of section 8006(b) of this Act [probably means "this title"].
"(2)
"(f)
"(1)
"(2)
"(g)
"LIMITATIONS, VETTING, COORDINATION, AND OVERSIGHT
"(1) financial assistance to the national government of any foreign country;
"(2) assistance for—
"(A) any individual or group the Secretary of State determines to be involved in, or advocating, terrorist activity; or
"(B) any individual who is a member of a foreign terrorist organization (as designated pursuant to section 219 of the Immigration and Nationality Act (
"(3) assistance for the Palestinian Authority or the Palestine Liberation Organization.
"(b)
"(c)
"(1) The Chief Executive Officer of the United States International Development Finance Corporation, acting through the Chief Development Officer of such Corporation, shall coordinate with the Administrator of the United States Agency for International Development and the Secretary of State to ensure that all expenditures from the Joint Investment for Peace Initiative comply with this section.
"(2) To the extent practicable, the Administrator of the United States Agency for International Development and the Chief Executive Officer of the United States International Development Finance Corporation should coordinate and share information in advance of providing resources through the People-to-People Partnership for Peace Fund and the Joint Investment for Peace Initiative.
"(d)
"(1)
"(A)(i) lessons learned and best practices developed from funding for projects under the People-to-People Partnership for Peace Fund during the prior fiscal year; and
"(ii) the extent to which such projects have contributed to the purposes of the People-to-People Partnership for Peace Fund;
"(B)(i) lessons learned and best practices developed from investments provided under the Joint Investment for Peace Initiative during the prior fiscal year; and
"(ii) the extent to which such investments have contributed to the purposes of the Joint Investment for Peace Initiative; and
"(C) how the United States International Development Finance Corporation and the United States Agency for International Development coordinate and share information with respect to the People-to-People Partnership for Peace Fund and the Joint Investment for Peace Initiative.
"(2)
"APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED
"AUTHORIZATION OF APPROPRIATIONS
"(b)
"(c)
"(d)
§§2346e to 2346i. Repealed. Pub. L. 99–83, title II, §201(a), Aug. 8, 1985, 99 Stat. 210
Section 2346e,
A prior section 2346e,
Section 2346f,
Section 2346g,
Section 2346h,
Section 2346i,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1985, see section 1301 of