ment, have a controlling interest in fact in the project in question. (b) REPORTS BY THE UNITED STATES TRADE REPRESENTATIVE. — The United States Trade Representative shall review the actions of the Corporation under subsection (a) and, after consultation with representatives of United States insurance companies, shall report to the Congress in the report required by section 181(b) of the Trade Act of 1974 with respect to such actions. (c) DEFINITIONS.-For purposes of this section— (1) the term "United States insurance company" includes(A) an individual, partnership, corporation, holding company, or other legal entity which is authorized, or in the case of a holding company, subsidiaries of which are authorized, by a State to engage in the business of issuing insurance contracts or reinsuring the risk underwritten by insurance companies; and (B) foreign operations, branches, agencies, subsidiaries, affiliates, or joint ventures of any entity described in subparagraph (A); (2) United States insurance companies shall be considered to have had a "fair and open competitive opportunity to provide insurance" if they (A) have received notice of the opportunity to provide insurance; and (B) have been evaluated on a nondiscriminatory basis; and (3) the term "State" includes the District of Columbia and any commonwealth, territory, or possession of the United States. Title V-Disadvantaged Children in Asia 351 Sec. 241.352 Assistance to Certain Disadvantaged Children in Asia.—(a) The Congress recognizes the humanitarian needs of disadvantaged children in Asian countries where there has been or continues to be a heavy presence of United States military and related personnel in recent years. Moreover, the Congress finds that inadequate provision has been made for the care and welfare of such disadvantaged children, particularly those fathered by the United States citizens. (b) Accordingly, the President is authorized to expend up to $3,000,000 353 of funds made available under chapter 1 of this part, in addition to funds otherwise available for such purposes, to help meet the needs of these disadvantaged children in Asia by assisting in the expansion and improvement of orphanages, hostels, day care centers, school feeding programs, and health, education, and welfare programs. Assistance provided under this section shall be fur 351 Sec. 116 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 952) struck out the title heading "Development Research" and added this new heading for title V. 22 22 U.S.C. 2201. This new sec. 241 was added by sec. 116 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 952). Previously, sec. 241 had contained the general authority under title V but had been repealed by Public Law 94–161 (89 Stat. 849). 353 Sec. 903(a) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) struck out “$2,000,000" and inserted in lieu thereof "$3,000,000”. nished under the auspices of and by international organizations or private voluntary agencies operating within, and in cooperation with, the countries of Asia where these disadvantaged children reside. TITLE VI-MICROENTERPRISE DEVELOPMENT SUBTITLE A-GRANT ASSISTANCE 355 SEC. 251.356 FINDINGS AND POLICY. Congress finds and declares the following: (1) Access to financial services and the development of microenterprise are vital factors in the stable growth of developing countries and in the development of free, open, and equitable international economic systems. (2) It is therefore in the best interest of the United States to facilitate access to financial services and assist the development of microenterprise in developing countries. (3) Access to financial services and the development of microenterprises can be supported by programs providing credit, savings, training, technical assistance, business development services, and other financial services. (4) Given the relatively high percentage of populations living in rural areas of developing countries, and the combined high incidence of poverty in rural areas and growing income inequality between rural and urban markets, microenterprise programs should target both rural and urban poor. (5) Microenterprise programs have been successful and should continue to empower vulnerable women in the developing world. The Agency should work to ensure that recipients of microenterprise and microfinance development assistance under this title communicate and work with nongovernmental organizations and government organizations to identify and assist victims of trafficking as provided for in section 106(a)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(a)(1); Public Law 106-386) and women who are victims of or susceptible to other forms of exploitation and violence. (6) Given that microenterprise programs have been successful in empowering disenfranchised groups such as women, microenterprise programs should also target populations disenfranchised due to race or ethnicity in countries where a strong relationship between poverty and race or ethnicity has been demonstrated, such as countries in Latin America. 354 Sec. 3 of the Microenterprise Results and Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) added title VI, secs. 251 through 255. A previous title VI, relating to the Alliance for Progress, was added by the Foreign Assistance Act of 1962 (Public Law 87-565), and repealed by sec. 102(g)(1)(A) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942). 355 Sec. 4(c)(1) of the Microenterprise Results and Accountability Act of 2004 (Public Law 108484; 118 Stat. 3922) inserted subtitle heading. 356 22 U.S.C. 2211. SEC. 252.357 AUTHORIZATION; IMPLEMENTATION; TARGETED ASSIST ANCE. (a) AUTHORIZATION.-The President is authorized to provide assistance on a non-reimbursable basis for programs in developing countries to increase the availability of credit, savings, and other services to microfinance and microenterprise clients lacking full access to capital, training, technical assistance, and business development services, through (1) assistance for the purpose of expanding the availability of credit, savings, and other financial and non-financial services to microfinance and microenterprise clients; (2) assistance for the purpose of training, technical assistance, and business development services for microenterprises to enable them to make better use of credit, to better manage their enterprises, to conduct market analysis and product development for expanding domestic and international sales, particularly to United States markets, and to increase their income and build their assets; (3) capacity-building for microfinance and microenterprise institutions in order to enable them to better meet the credit, savings, and training needs of microfinance and microenterprise clients; and (4) policy, regulatory programs, and research at the country level that improve the environment for microfinance and microenterprise clients and institutions that serve the poor and very poor. (b) IMPLEMENTATION. — (1) OFFICE OF MICROENTERPRISE DEVELOPMENT.—There is established within the Agency an office of microenterprise development, which shall be headed by a Director who shall be appointed by the Administrator and who should possess technical expertise and ability to offer leadership in the field of microenterprise development. (2) ADDITIONAL PROVISIONS.— (A) USE OF IMPLEMENTING PARTNER ORGANIZATIONS. Assistance under this section shall emphasize the use of implementing partner organizations that best meet the requirements of subparagraph (C). (B) USE OF CENTRAL FUNDING MECHANISMS. — (i) PROGRAM.-In order to ensure that assistance under this title is distributed effectively and efficiently, the office shall also seek to implement a program of central funding under which assistance is administered directly by the office, including through targeted core support for microfinance and microenterprise networks and other practitioners. (ii) FUNDING.-Of the amount made available to carry out this subtitle for a fiscal year, not less than $25,000,000 should be made available to carry out clause (i). (C) EFFICIENCY AND COST-EFFECTIVENESS.-Assistance under this section shall meet high standards of efficiency, 387 22 U.S.C. 2211a. cost-effectiveness, and sustainability and shall especially provide the greatest possible resources to the poor and very poor. When administering assistance under this section, the Administrator shall (i) take into consideration the percentage of funds a provider of assistance intends to expend on administrative costs; (ii) take all appropriate steps to ensure that the provider of assistance keeps administrative costs as low as practicable to ensure the maximum amount of funds are used for directly assisting microfinance and microenterprise clients, for establishing sustainable microfinance and microenterprise institutions, or for advancing the microenterprise development field; and (iii) give preference to proposals from providers of assistance that are the most technically competitive and have a reasonable allocation to overhead and administrative costs. (3) APPROVAL OF STRATEGIC PLANS.-With respect to assistance provided under this section, the office shall be responsible for concurring in the microenterprise development components of strategic plans of missions, bureaus, and other offices of the Agency and providing technical support to field missions to help the missions prepare such components. (c) TARGETED ASSISTANCE.-In carrying out sustainable povertyfocused programs under subsection (a), 50 percent of all microenterprise resources shall be targeted to clients who are very poor. Specifically, until September 30, 2006, such resources shall be used for (1) support of programs under this section through practitioner institutions that (A) provide credit and other financial services to clients who are very poor, with loans in 1995 United States dollars of (i) $1,000 or less in the Europe and Eurasia region; (B) can cover their costs in a reasonable time period; or (2) demand-driven business development programs that achieve reasonable cost recovery that are provided to clients holding poverty loans (as defined by the regional poverty loan limitations in paragraph (1)(A)), whether they are provided by microfinance institutions or by specialized business development services providers. SEC. 253.358 MONITORING SYSTEM. (a) IN GENERAL.-In order to maximize the sustainable development impact of assistance authorized under section 252(a), the Administrator of the Agency, acting through the Director of the office, shall strengthen its monitoring system to meet the requirements of subsection (b). (b) REQUIREMENTS.-The requirements referred to in subsection (a) are the following: 358 22 U.S.C. 2211b. (1) The monitoring system shall include performance goals for the assistance and expresses such goals in an objective and quantifiable form, to the extent feasible. (2) The monitoring system shall include performance indicators to be used in measuring or assessing the achievement of the performance goals described in paragraph (1) and the objectives of the assistance authorized under section 252. (3) The monitoring system provides a basis for recommenda tions for adjustments to the assistance to enhance the sustainability and the impact of the assistance, particularly the impact of such assistance on the very poor, particularly poor women. (4) The monitoring system adopts the widespread use of proven and effective poverty assessment tools to successfully identify the very poor and ensure that they receive adequate access to microenterprise loans, savings, and assistance. SEC. 254.359 DEVELOPMENT AND CERTIFICATION OF POVERTY MEASUREMENT METHODS; APPLICATION OF METHODS. (a) DEVELOPMENT AND CERTIFICATION. — (1) IN GENERAL.-The Administrator of the Agency, in consultation with microenterprise institutions and other appropriate organizations, shall develop no fewer than two low-cost methods for implementing partner organizations to use to assess the poverty levels of their current incoming or prospective clients. The Administrator shall develop poverty indicators that correlate with the circumstances of the very poor. (2) FIELD TESTING.-The Administrator shall field-test the methods developed under paragraph (1). As part of the testing, institutions and programs may use the methods on a voluntary basis to demonstrate their ability to reach the very poor. (3) CERTIFICATION. -Not later than April 1, 2005, the Administrator shall, from among the low-cost poverty measurement methods developed under paragraph (1), certify no fewer than two such methods as approved methods for measuring the poverty levels of current, incoming, or prospective clients of microenterprise institutions for purposes of assistance under section 252. (b) APPLICATION.-The Administrator shall require that, with reasonable exceptions, all implementing partner organizations applying for microenterprise assistance under this title use one of the certified methods, beginning not later than October 1, 2006, to determine and report the poverty levels of current, incoming, or prospective clients. SEC. 255.360 ADDITIONAL AUTHORITIES. Notwithstanding any other provision of law, amounts made available for assistance for microenterprise development assistance under any provision of law other than this title may be provided to further the purposes of this title. To the extent assistance described in the preceding sentence is provided in accordance with such sentence, the Administrator of the Agency shall include, as part of the report required under section 258, a detailed description **22 U.S.C. 2211c. 2522 U.S.C. 2211d. |