Rule of Law Reform

Principal U.S. Government Agencies Supporting International Rule of Law Reform

As the scope of activities that constitute rule of law programming has expanded, so too has
the number of organizations supporting these programs. The U.S. Agency for International Development and the Departments of State, Justice, and Commerce are the main government entities working on international rule of law initiatives. Other executive agencies have divisions that are involved in more modest projects abroad (e.g., the Environmental Projection Agency). This reference work entry focuses on the major funders and implementers.

U.S. Agency for International Development (USAID)

The U.S. Agency for International Development is an independent agency that receives policy guidance from the U.S. Secretary of State. It is the government’s primary development organization and works in a number of areas, including poverty reduction, promoting good governance, providing humanitarian assistance, and improving health care and educational systems. The Foreign Assistance Act (Pub. L. No. 87-195, 75 Stat. 424, enacted Sept. 4, 1961, 22 U.S.C. § 2151 et seq.) reorganized U.S. foreign assistance programs and separated military and non-military aid.

The U.S. Agency for International Development is responsible for rule of law program management and oversight, as well as ensuring that the programs meet the agency’s development objectives. However, USAID does not actually implement rule of law programs. Rather, it provides funding to private contractors, nonprofit organizations, international organizations, and other government agencies to carry out projects based on goals identified by USAID development experts. The process the U.S. Agency for International Development and other agencies use to fund rule of law projects is described later in this legal reference.

The U.S. Agency for International Development Missions

The U.S. Agency for International Development operates in a decentralized manner. USAID has “missions” in over fifty developing countries. Funding for rule of law programs comes primarily from the missions, not from the U.S. Agency for International Development offices in Washington.

Missions may identify assistance priorities in consultation with the U.S. ambassador and
State Department officials, and work collaboratively with embassy personnel assigned to
rule of law matters. Missions may confer with USAID/ Washington during program design,
but it is not mandatory that they do so. The degree of coordination between a mission and
the U.S. Agency for International Development/Washington varies.

The U.S. Agency for International Development Washington, D.C., Bureaus

In Washington, the U.S. Agency for International Development has regional and functional bureaus. The regional bureaus monitor and coordinate activities in a specific country and/or region. The functional bureaus provide technical support and information to USAID missions and other U.S. government organizations on issues including democracy and humanitarian assistance, economic growth, and global health. They are:

Bureau for Democracy, Conflict and Humanitarian Assistance (DCHA)

The Office of Democracy and Governance (DG) is part of the DCHA Bureau and is responsible for work in the fields of civil society, political process, governance, and rule of law.

The Rule of Law Division, staffed by lawyers and law enforcement officials with development
experience, is the primary rule of law contact at the U.S. Agency for International Development. This office provides support to rule of law programming throughout the world by helping the U.S. Agency for International Development missions design and evaluate programs, preparing technical rule of law guides, conducting rule of law training for the U.S. Agency for International Development field staff, and developing analytical tools for program evaluation. This division also has oversight responsibilities for the contracts awarded to outside organizations (private firms, nonprofits) that implement programs. Individual U.S. Agency for International Development missions request and purchase contractor services with their own funds; the USAID Rule of Law Division manages the contracts.

While funding for the vast majority of rule of law programs comes from the missions, the
Rule of Law Division sometimes has funds for a limited number of narrowly focused programs
and technical publications.

Bureau for Economic Growth, Agriculture & Trade (EGAT)

While the bulk of rule of law activities are supported by the DCHA/DG Office, specific commercial law activities, such as programs focusing on property rights, contract law, and business issues (including bankruptcy), are coordinated, supported, and funded by the Bureau for Economic Growth, Agriculture & Trade.

There is a special office within the Bureau for Economic Growth, Agriculture & Trade that is staffed with experienced commercial lawyers who also have development expertise. This team prepares policy papers, conducts training, and provides technical assistance to U.S. Agency for International Development missions interested in designing or evaluating commercial law programs.

Regional Bureaus

There are five regional bureaus within USAID—Asia, Europe and Eurasia,
Latin America and the Caribbean, Middle East, and Sub-Saharan Africa. The regional
bureaus work on a range of projects but do not fund rule of law technical assistance programs.
The only regional bureau with a dedicated rule of law advisor is the Europe and Eurasia Bureau.
This advisor is an attorney with relevant experience in the region and is a resource for
information about rule of law efforts in Europe and Eurasia. The other regional bureaus
have one or two democracy generalists and sometimes also have staff with more specialized
expertise who can provide guidance on rule of law initiatives.

U.S. Department of State

The U.S. Department of State (State) is the foreign affairs agency of the U.S. government.
The department’s role in rule of law work is twofold. First, State’s international affairs
budget funds the majority of U.S. foreign affairs activities, including foreign assistance programs. The international affairs budget provides the funding to carry out U.S. foreign policy.

This funding supports the worldwide operations of the Department of State, maintains American representation at embassies and posts in foreign countries, and funds the U.S. Agency for International Development. This funding also supports a broad array of foreign assistance programs and other U.S. government activities to achieve foreign policy goals.

Second, through several of its bureaus, the State Department provides direct funding
for foreign assistance activities, including rule of law programs.

There are a number of ways that State supports rule of law programs. It provides funding
to other U.S. government agencies (e.g., the Department of Justice) and international organizations (e.g., the United Nations) that implement the projects. Like the U.S. Agency for International Development, the State Department issues contracts to private contractors and awards grants to nonprofit entities and universities.

The State Department’s Office of the Coordinator for Reconstruction and Stabilization (S/CRS) is tasked with leading, coordinating, and implementing the U.S. government’s civilian response to post-conflict situations—efforts that may include rule of law work. S/CRS supports the Civilian Response Corps (CRC), a pool of trained and ready-to deploy civilian professionals who will assist in overseas reconstruction and stabilization operations.

The Civilian Response Corps includes lawyers and judges who may be deployed abroad. When CRC professionals are not commissioned overseas, many work in the rule of law field for U.S. agencies, such as the U.S. Agency for International Development, the Department of Justice, and the Department of State.

The State Department has bureaus and offices that fund and manage rule of law programs,
coordinate visitor exchanges, and identify rule of law experts for specific projects.

Bureau of International Narcotics and Law Enforcement Affairs (INL)

The Bureau of International Narcotics and Law Enforcement Affairs formulates policies and develops programs to combat international narcotics and transnational crime. Within the U.S. Department of State, the Bureau of International Narcotics and Law Enforcement Affairs has expertise in the fields of international narcotics and law enforcement as well as overseas criminal justice sector reform.

Its antinarcotics programs focus on building interdiction capabilities, eradication, sustainable
alternative development, and programs to reduce drug use. Its criminal justice reform programs cover a diverse range of initiatives, including work with law enforcement officers, correction officials, court employees, and judges. The Bureau of International Narcotics and Law Enforcement Affairs implements its programs through contracts with private contracting firms and individuals, grants to nonprofits and universities, contributions to multilateral organizations, and agreements with other U.S. government agencies. A good portion of INL’s criminal justice work, which federal judges may come in contact with, is done in conjunction with the Department of Justice’s Overseas Prosecutorial Development and Training program
(OPDAT). Specifically, INL provides funding to DOJ/OPDAT for regional legal advisors.

Within the Bureau of International Narcotics and Law Enforcement Affairs, there are regional and functional offices that may reach out to U.S. judges for assistance. The regional offices for INL currently include:

• Iraq;
• Afghanistan and Pakistan;
• the Americas;
• Europe and Asia; and
• Africa and Middle East.

Each office develops and oversees its own programs.

The Criminal Justice Assistance and Partnership Office (CAP) is a functional office within INL
that focuses on law enforcement, criminal justice, and corrections. INL/CAP employs senior
technical specialists in law enforcement, justice, and corrections. The Criminal Justice Assistance and Partnership Office provides technical support to INL offices as well as comprehensive training to INL personnel sent to work
abroad.

The Office of Anti‐Crime at the Bureau of International Narcotics and Law Enforcement Affairs works on initiatives to combat transnational organized crime, high‐level corruption, money laundering, terrorist financing, cyber‐crime and intellectual property crimes, narcotics trafficking, and other smuggling and trafficking crimes. This office develops new enforcement tools, conventions, and protocols that provide the United States with a comprehensive approach to facilitating international cooperation among nations combating transnational crime.

Bureau of Democracy, Human Rights, and Labor (DRL)

Through its Human Rights and Democracy Fund, Bureau of Democracy, Human Rights, and Labor gives grants to U.S. organizations working on rule of law programs throughout the world, often through yearly grant competitions.

The Bureau of Democracy, Human Rights, and Labor grants have been used to support human rights law clinics, women’s rights programs, and legal education reform.

Bureau of Education and Cultural Affairs (ECA)

The Bureau of Education and Cultural Affairs promotes public diplomacy by funding academic,
cultural, sports, and professional exchanges. For example, the Professional Exchanges
division within the Bureau of Education and Cultural Affairs awards grants to U.S. nonprofit organizations and universities to carry out exchange programs. These exchanges support the professional development of participants through internships, study tours, or workshops in the United States and abroad. Participants come from a variety of professions, including judges, law professors, lawyers, prosecutors, and civic leaders.

The Bureau of Education and Cultural Affairs also supports rule-of-law-related professional exchanges and international visitor programs, including the Hubert H. Humphrey Fellowship Program, a 12-month academic study program for experienced professionals. The Humphrey Fellowship is administered by the Institute of International Education, a nonprofit organization based in Washington, D.C. Judges from around the world have come to the United States as part of this program.

The Office of International Visitors is the office within the Bureau of Education and Cultural Affairs responsible for coordinating the International Visitor Leadership Program (IVLP), a professional exchange program supporting the foreign policy goals of the United States. Participants are nominated by the U.S. Embassy in their country and have included legal, media, and medical professionals, as well as representatives from business and the arts. Groups and individuals participate in 1–3 week programs that include meetings with their professional counterparts and exposure to U.S. history and culture. The International Visitor Leadership Program often hosts judges and court administrators, arranging visits to state and federal courts as well as judicial branch agencies.

Bureau of International Information Programs (IIP)

The Bureau of International Information Programs’ U.S. Speaker and Specialist Program
sends U.S. experts to countries throughout the world at the request of the State Department’s
diplomatic missions. These experts participate in speaker programs and have included
judges and court officials. The Bureau of International Information Programs utilizes digital videoconference, web chat technology, and social media platforms, and produces publications, both print and electronic, in many languages. The bureau has a judicial liaison to facilitate the judiciary’s work with the Department of State.

Millennium Challenge Corporation (MCC)

The Millennium Challenge Corporation is a U.S. government agency that provides development
funds to countries demonstrating a “commitment” to reform. Like the U.S. Agency for International Development and the State Department, the Millennium Challenge Corporation funds, but does not implement, its own assistance programs. Before a country is deemed eligible for assistance, the Millennium Challenge Corporation examines the country’s performance in a variety of areas (“indicators”), including rule of law, control of corruption, primary education, and trade policy.

The Millennium Challenge Corporation gathers this information from the World Bank, the United Nations, Freedom House, and other sources. This information is used to develop an “indicator scorecard” for the country. A country that meets a minimum score may be eligible for a “compact”—a five‐year award. A country that comes close to this minimum score and can show commitment to improving its performance may be considered for a smaller award called a “threshold program.”

The Millennium Challenge Corporation’s support of rule of law activities is usually provided through threshold programs used to help improve performance in specific areas, for example, judicial independence, access to justice, and court administration. The Millennium Challenge Corporation often provides funds to the U.S. Agency for International Development to administer these programs; the U.S. Agency for International Development, in turn, provides the funding to a nongovernmental organization (NGO) or a contracting firm to implement specific project activities or enters into interagency agreements with the U.S. Department of Justice.