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(3) Vacancies
Any trustee appointed to fill a vacancy occurring before the expiration of the term for which the trustee’s predecessor was appointed shall be appointed only for the remainder of that term and shall be appointed in the same manner as the original appointment for that vacancy was made. (d) Travel and subsistence pay
Trustees shall serve without pay, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties as members of the Foundation, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.
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(e) Location of foundation
The Foundation shall be located in Portland, Oregon. (f) Executive director
(1) In general
There shall be an Executive Director of the Foundation who shall be appointed by the Board. The Executive Director shall be the chief executive officer of the Foundation and shall carry out the functions of the Foundation subject to the supervision and direction of the Board. The Executive Director shall carry out such other functions, consistent with this Act, as the Board shall prescribe.
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(2) Compensation
The Executive Director of the Foundation shall be compensated at the rate specified for employees in level IV of the Executive Schedule under section 5315 of title 5, United States Code. 5.
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Purposes of the foundation
The purposes of the Foundation are— (1) to develop resources to properly train Native American and Alaska Native tribal council members in self-government and related fields; (2) to foster among the American population greater recognition and understanding of the role of tribal self-government in the development of the United States; (3) to identify critical issues facing tribal governments in the Nation; (4) to establish a Program for Tribal Governance Research at the Institute; and (5) to provide educational outreach regarding tribal self-government. 6.
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Authority of the foundation
(a) In general
(1) Authority
The Foundation, in consultation with the Institute— (A) may identify and conduct such programs, activities, and services as the Foundation considers appropriate to carry out the purposes described in section 5; and (B) in accordance with subsections (b), (c), (d), and (e), may award scholarships, fellowships, internships, and grants and fund the Institute to carry out and manage other programs, activities, and services.
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(2) Priorities
Subject to section 10(b), the Foundation shall determine the priority of the programs to be carried out under this Act and the amount of funds to be allocated for such programs. (3) Competition
The Foundation may provide, directly or by contract, for the conduct of national competition for the purpose of selecting recipients of scholarships, fellowships, internships, and grants awarded under this Act. (4) Fields of study
The Foundation may award scholarships, fellowships, internships, and grants to eligible individuals in accordance with the provisions of this Act for study in fields related to tribal governance.
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Such scholarships, fellowships, internships, and grants shall be awarded only to eligible individuals who meet the minimum criteria established by the Foundation. (b) Scholarship
(1) In general
The Foundation shall award scholarships to outstanding undergraduate students who intend to pursue careers related to tribal governance and to outstanding Native American and Alaska Native undergraduate students who intend to pursue careers in tribal public policy.
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(2) Requirements
An eligible individual awarded a scholarship under this Act may receive payments under this Act only during such periods as the Foundation finds that the individual— (A) is maintaining satisfactory proficiency; (B) is engaging full time in study or research; and (C) is not engaging in gainful employment other than employment that is— (i) in addition to such full-time study or research; and (ii) approved by the Foundation pursuant to regulations of the Board.
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(3) Reports
The Foundation may require any eligible individual awarded a scholarship under this Act to submit reports at such time, in such form, and containing such information as the Foundation determines to be necessary. Such reports shall— (A) be accompanied by a certificate from an appropriate official at the institution of higher education; (B) be approved by the Foundation; and (C) state that the individual is making satisfactory progress, and is engaging full time, in study or research.
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(c) Fellowships
The Foundation shall award fellowships— (1) to outstanding graduate students who intend to pursue advanced degrees in fields related to tribal governance and to outstanding Native American and Alaska Native graduate students who intend to pursue advanced degrees in tribal public policy, including law and medicine; and (2) to faculty from a variety of disciplines, for the purpose of bringing the expertise of such faculty to the Foundation.
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(d) Internships
To achieve the purposes described in section 5, the Foundation shall award internships— (1) to deserving and qualified individuals to participate in internships in Federal, State, and local agencies or in offices of major tribal governance organizations; and (2) to deserving and qualified Native American and Alaska Native individuals to participate in internships in Federal, State, and local agencies or in offices of major public health or public policy organizations.
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(e) Institute programs
(1) Grants
Subject to paragraph (3), the Foundation shall award grants to the Institute— (A) to provide for an annual panel of experts to discuss contemporary tribal governance issues; (B) to conduct tribal governance policy research; (C) to conduct research on Native American and Alaska Native tribal public policy issues; and (D) for visiting policymakers to share their practical experiences with the Foundation. (2) Coordination
Subject to paragraph (3), the Foundation shall assist in the development and implementation of a Program for Tribal Governance Research to be located at the Institute.
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(3) Matching funds; facilities
The Foundation may not make any grant or provide any assistance under this subsection, unless the Institute agrees— (A) with respect to the costs of such grants and assistance, to make available non-Federal contributions toward such costs in an amount that is not less than 25 percent of such costs; and (B) to provide adequate space at the Institute for the Executive Director and other appropriate staff of the Foundation. (f) Elizabeth furse scholars
Recipients of scholarships, fellowships, internships, and grants under this Act shall be known as Elizabeth Furse Scholars. 7.
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Establishment of the mark o. hatfield - elizabeth furse scholarship and excellence in tribal governance trust fund
(a) Establishment of fund
There is established in the Treasury of the United States a trust fund to be known as the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Trust Fund to be administered by the Foundation. The Fund shall consist of amounts appropriated to the Fund pursuant to section 10 and amounts credited to the Fund under subsection (b).
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(b) Investment of Fund Assets
The Secretary of the Treasury, at the direction of the Board, shall invest in full the amounts appropriated to the Fund. Such investments shall be in public debt securities with maturities suitable to the needs of the Fund and shall bear interest at rates determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturity. 8.
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Expenditures and audit of trust fund
(a) In general
The Foundation shall pay from the interest and earnings of the Fund such sums as the Board determines are necessary and appropriate to enable the Foundation to carry out this Act. (b) Audit by Government Accountability Office
The activities of the Foundation and the Institute under this Act may be audited by the Government Accountability Office under such rules and regulations as may be prescribed by the Comptroller General of the United States.
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Representatives of the Government Accountability Office shall have access to all papers, things, or property (including all books, accounts, records, and reports filed) belonging to or in use by the Foundation or the Institute, pertaining to such federally assisted activities and necessary to facilitate the audit. 9. Administrative provisions
To carry out this Act, the Foundation may— (1) appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this Act,
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except that in no case may employees other than the Executive Director be compensated at a rate to exceed the maximum rate of basic pay for GS–15 of the General Schedule under section 5332 of title 5, United States Code; (2) procure or fund the Institute to procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code, but at rates not to exceed the rate specified for level IV of the Executive Schedule under section 5315 of title 5, United States Code;
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(3) prescribe such regulations as the Foundation considers necessary governing the manner in which its functions shall be carried out; (4) accept, hold, administer, and use gifts, both real and personal, for the purpose of aiding or facilitating the work of the Foundation; (5) accept and use the services of voluntary and noncompensated personnel and reimburse such personnel for travel expenses, including per diem, as authorized by section 5703 of title 5, United States Code; (6) enter into contracts, grants, or other arrangements or modifications thereof, to carry out the provisions of this Act,
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and such contracts or modifications thereof may, with the concurrence of two-thirds of the members of the Board, be entered into without performance or other bonds, and without regard to section 3709 of the Revised Statutes ( 41 U.S.C. 5 ); and (7) make other expenditures necessary to carry out this Act. 10. Authorization of appropriations
(a) In general
To carry out this Act, there are authorized to be appropriated to the Fund $50,000,000 for fiscal year 2005, and such sums as may be necessary for each subsequent fiscal year.
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(b) Allocation
Of the amounts appropriated to carry out this Act, the Secretary shall allocate— (1) not less than 50 percent of such amounts to carry out subsections (b), (c), and (d) of section 6; (2) not more than 15 percent of such amounts for salaries and other administrative purposes; and (3) not less than 20 percent of such amounts to carry out section 6(e).
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1. Availability of NOAA real property on Virginia Key, Florida
(a) In general
The Secretary of Commerce may make available to the University of Miami real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration on Virginia Key, Florida, for use by the University for a Marine Life Science Center. (b) Terms of availability
The Secretary may make property available under this section by easement, lease, license, or long-term agreement with the University.
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(c) Authorized uses
Property made available under this section may be used by the University to develop and operate facilities for multidisciplinary environmental and fisheries research, assessment, management, and educational activities. (d) Use of facilities
The Secretary may— (1) subject to the availability of appropriations, lease facilities constructed by the University on property made available under this section; and (2) participate with the University in collaborative research at, or administered through, such facilities.
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That section 1105(a) of title 31, United States Code, is amended by adding at the end the following new paragraph: (35) A separate statement setting forth the estimated unfunded liability, if any, of each program— (A) as of the close of the fiscal year for which the budget is submitted (assuming enactment of the estimated expenditures and proposed appropriations set forth in the President’s budget submission); (B) as of the close of the prior fiscal year;
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and (C) for the 20-fiscal-year period and for the 75-fiscal-year period beginning with the fiscal year for which the budget is submitted (assuming enactment of the estimated expenditures and proposed appropriations set forth in the President’s budget submission).
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1. Classification of alien children receiving medical treatment in United States as immediate relatives to avoid extreme hardship to themselves or their immediate relative alien parents
(a) In general
Section 201(b)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A) ) is amended by adding at the end the following new clause: (iii) A child (as defined in subparagraph (A), (B), (C), (D),
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or (E) of section 101(b)(1)) of an alien parent who is classified as an immediate relative under paragraph (2)(A)(i) may be classified as an immediate relative for purposes of this subsection, if the Secretary of Homeland Security determines, on the basis of a petition that is filed on behalf of the child under section 204(a)(1)(A)(vii), that— (I) the child is in the United States and is accompanied by the alien parent; (II) in consultation with the Secretary of Health and Human Services, the child is receiving medical treatment which is unavailable outside the United States;
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and (III) such classification is necessary to avoid extreme hardship to the child or parent. (b) Petitioning procedure
Section 204(a)(1)(A) of such Act ( 8 U.S.C. 1154(a)(1)(A) ) is amended by adding at the end the following new clause: (vii) An alien may file a petition with the Secretary of Homeland Security for classification of a child of such alien as an immediate relative under clause (iii) of section 201(b)(2)(A),
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if the alien is a parent of the child and a petition for classification of the alien as an immediate relative parent under clause (i) of such section has been filed under clause (i) of this subparagraph. (c) Conforming amendment
Section 201(f)(1) of such Act ( 8 U.S.C. 1151(f)(1) ) is amended by striking (b)(2)(A)(i) and inserting (b)(2)(A) each place it appears.
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1. Findings
Congress finds as follows: (1) Ukraine allows its citizens the right and opportunity to emigrate, free of any heavy tax on emigration or on the visas or other documents required for emigration and free of any tax, levy, fine, fee, or other charge on any citizens as a consequence of the desire of such citizens to emigrate to the country of their choice.
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(2) Ukraine has received normal trade relations treatment since 1992 and has been found to be in full compliance with the freedom of emigration requirements under title IV of the Trade Act of 1974 since 1994. (3) Since the establishment of an independent Ukraine in 1991, Ukraine has made substantial progress toward the creation of democratic institutions and a free-market economy.
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(4) Ukraine has committed itself to ensuring freedom of religion, respect for rights of minorities, and eliminating intolerance and has been a paragon of inter-ethnic cooperation and harmony, as evidenced by the annual human rights reports of the Organization for Security and Cooperation in Europe (OSCE) and the United States Department of State.
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(5) Ukraine has taken major steps toward global security by ratifying the Treaty on the Reduction and Limitation of Strategic Offensive Weapons (START I) and the Treaty on the Non-Proliferation of Nuclear Weapons, subsequently turning over the last of its Soviet-era nuclear warheads on June 1, 1996, and agreeing, in 1998, not to assist Iran with the completion of a program to develop and build nuclear breeding reactors, and has fully supported the United States in nullifying the Anti-Ballistic Missile (ABM) Treaty.
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(6) At the Madrid Summit in 1997, Ukraine became a member of the North Atlantic Cooperation Council of the North Atlantic Treaty Organization (NATO), and has been a participant in the Partnership for Peace (PfP) program since 1994. (7) Ukraine is a peaceful state which established exemplary relations with all neighboring countries, and consistently pursues a course of European integration with a commitment to ensuring democracy and prosperity for its citizens.
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(8) Ukraine has built a broad and durable relationship with the United States and has been an unwavering ally in the struggle against international terrorism that has taken place since the attacks against the United States that occurred on September 11, 2001. (9) Ukraine has concluded a bilateral trade agreement with the United States that entered into force on June 23, 1992, and is in the process of acceding to the World Trade Organization. 2.
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Termination of application of title IV of the Trade Act of 1974 to the products of Ukraine
(a) Presidential determinations and extension of nondiscriminatory treatment
Notwithstanding any provision of title IV of the Trade Act of 1974 ( 19 U.S.C. 2431 et seq. ), the President may— (1) determine that such title should no longer apply to Ukraine; and (2) after making a determination under paragraph (1) with respect to Ukraine, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country.
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(b) Termination of applicability of title IV
On and after the effective date under subsection (a) of the extension of nondiscriminatory treatment to the products of Ukraine, title IV of the Trade Act of 1974 shall cease to apply to that country.
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1. Suspension of duty on 2,7-Naphthalenedisulfonic acid,5-[[4-chloro-6-[[3-[[8-[4-fluoro-6- (methylphenylamino)-1,3,5-triazin-2-yl]amino]-1-hydroxy-3,6-disulfo-2-naphthalenyl]azo]-4-sulfophenyl],amino]-1,3,
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5-triazin-2-yl]amino]-4-hydroxy-3-[(1-sulfo-2-naphthalenyl)azo]-sodium salt
(a) In general
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by striking heading 9902.32.04 and inserting the following: 9902.32.04 2,7-Naphthalenedisulfonic acid,
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5-[[4-chloro-6-[[3-[[8-[4-fluoro-6- (methylphenylamino)-1,3,5-triazin-2-yl]amino]-1-hydroxy-3,6-disulfo-2-naphthalenyl]azo]-4-sulfophenyl],amino]-1,3,5-triazin-2-yl]amino]-4-hydroxy-3-[(1-sulfo-2-naphthalenyl)azo]-sodium salt (CAS No.
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155522-05-7) (provided for in subheading 3402.16.30) Free No change No change On or before 12/31/2007. (b) Effective date
The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.
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1. Short title
This Act may be cited as the Federal Hydroelectric and Environmental Enhancement Act of 2004. 2. Findings
Congress finds that— (1) Federal multi-purpose dams and reservoirs with hydroelectric generation provide necessary power to respective regions, enhance recreational pursuits and help meet various environmental needs; (2) hydroelectric generation is a renewable resource that plays a significant role in meeting the growing power needs of many communities throughout the Nation; (3) Federal dams along the Savannah River generate electricity for consumers who depend on such power at peak times and provide recreational and environmental benefits to the region;
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(4) a number of technological advancements have been made at these and other Federal hydropower facilities to provide even greater protections to fish and other aquatic resources; and (5) the value of these and other Federal hydropower facilities can be further enhanced to optimize more hydroelectric generation and environmental protection. 3.
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Study and report on increasing electric power production capability of existing Federal facilities
(a) In general
The Secretary of the Interior and the Secretary of the Army, in consultation with the Administrator of each Federal power marketing administration, shall conduct a study of the potential for creating or increasing electric power production capability at existing facilities under their administrative jurisdiction. (b) Content
The study under this section shall include identification and description in detail of each facility that is capable, with or without modification, of producing additional hydroelectric power, including estimation of the existing potential for the facility to generate hydroelectric power.
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(c) Report
Each Secretary shall submit to the Congress a report on the findings, conclusions, and recommendations of the study under this section by not later than 12 months after the date of the enactment of this Act. Each Secretary shall include the following in the report: (1) The identifications, descriptions, and estimations referred to in subsection (b). (2) A description of activities the Secretary is currently conducting or considering, or that could be considered, to produce additional hydroelectric power from each identified facility.
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(3) A summary of action that has already been taken by the Secretary to produce additional hydroelectric power from each identified facility. (4) The costs to install, upgrade, or modify equipment or take other actions to produce new or additional hydroelectric power from each identified facility and the level of Federal power customer involvement in the Secretary’s determination of such costs. (5) The benefits that would be achieved by such installation, upgrade, modification, or other action, including quantified estimates of any additional energy or capacity from each facility identified under subsection (b).
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(6) A description of actions that are planned, underway, or might reasonably be considered to create or increase hydroelectric power production by replacing turbines. (7) The impact of increased hydroelectric power production on irrigation, fish, wildlife, Indian tribes, river health, water quality, navigation, recreation, fishing, and flood control. (8) Any additional recommendations the Secretary considers advisable to increase hydroelectric power production from, and reduce costs and improve efficiency at, facilities under the jurisdiction of the Secretary. 4.
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Study and implementation of increased operational efficiencies in hydroelectric power projects
(a) In general
The Secretary of the Interior and the Secretary of the Army shall conduct a study of operational methods and water scheduling techniques at all hydroelectric power plants under the administrative jurisdiction of each Secretary that have an electric power production capacity greater than 50 megawatts, to— (1) determine whether such power plants and associated river systems are operated so as to optimize energy and capacity capabilities; and (2) identify measures that can be taken to improve operational flexibility at such plants to achieve such optimization.
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(b) Report
Each Secretary shall submit a report on the findings, conclusions, and recommendations of the study under this section by not later than 18 months after the date of the enactment of this Act, including a summary of the determinations and identifications under paragraphs (1) and (2) of subsection (a). Each Secretary shall include in the report the impact of optimized hydroelectric power production on irrigation, fish, wildlife, Indian tribes, river health, water quality, navigation, recreation, fishing, and flood control.
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(c) Cooperation with Federal power marketing administrations
Each Secretary shall coordinate with the Administrator of each Federal power marketing administration in determining how the value of electric power produced by each hydroelectric power facility that produces power marketed by the administration can be optimized.
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1. Short title
This Act may be cited as the Microenterprise Results and Accountability Act of 2004. 2. Findings and Policy
Congress finds and declares the following: (1) Congress has demonstrated its support for microenterprise development assistance programs through the enactment of two comprehensive microenterprise laws: (A) The Microenterprise for Self-Reliance Act of 2000 (title I of Public Law 106–309 ; 114 Stat. 1082).
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(B) Public Law 108-31 (an Act entitled An Act to amend the Microenterprise for Self-Reliance Act of 2000 and the Foreign Assistance Act of 1961 to increase assistance for the poorest people in developing countries under microenterprise assistance program under those Acts, and for other purposes , approved June 17, 2003). (2) The United States Agency for International Development, the agency responsible for implementing microenterprise development assistance programs authorized under sections 108 and 131 of the Foreign Assistance Act of 1961 (22 U.S.C.
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2151f and 2152a), is not presently organized to adequately coordinate, implement, and monitor such programs, as evidenced by the late submission by the Agency of the report required by section 108 of the Microenterprise for Self-Reliance Act of 2000. (3) The Comptroller General, in a report dated November 2003, found that the United States Agency for International Development has met some, but not all, of the key objectives of such microenterprise development assistance programs.
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(4) The Comptroller General's report found, among other things, the following: (A) Microenterprise development assistance generally can help alleviate some impacts of poverty, improve income levels and quality of life for borrowers and provide poor individuals, workers, and their families with an important coping mechanism. (B) Although studies and academic analyses funded by the United States Agency for International Development have found that microenterprise activities generally serve the poor clustered around the poverty line, few loans appear to be reaching the very poor.
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(C) Microenterprise development assistance programs of the United States Agency for International Development have encouraged women's participation in microfinance projects and, according to data of the Agency, women have comprised two-thirds or more of the micro-loan clients in Agency-funded microenterprise projects since 1997. (5)(A) The Comptroller General's report recommends that the Administrator of the United States Agency for International Development review the Agency's “microenterprise results reporting” system with the goal of ensuring that its annual reporting is complete and accurate.
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(B) Specifically, the Administrator should review and reconsider the methodologies used for the collection, analysis, and reporting of data on annual spending targets, outreach to the very poor, sustainability of microfinance institutions, and the contribution of Agency's funding to the institutions it supports. 3. Microenterprise Development Assistance
Chapter 2 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2166 et seq. ) is amended by inserting after title V the following new title: VI Microenterprise Development Assistance
251.
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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.
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(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) Microenteprise programs have been successful and should continue to empower vulnerable women in the developing world.
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Such programs should take into account the risks faced by women who are potential victims of severe forms of trafficking and the need for assistance for women who become victims of severe forms 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 ). 252. Authorization; Implementation; Targeted Assistance
(a) Authorization
The President is authorized to provide assistance on a grant basis for programs in developing countries to increase the availability of credit, savings,
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and other services to microenterprises lacking full access to capital, training, technical assistance, and business development services, through— (1) grants to microfinance institutions for the purpose of expanding the availability of credit, savings, and other financial services to microentreprise clients; (2) grants to microenterprise institutions 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, and to increase their income and build their assets; (3) capacity-building for microenterprise institutions in order to enable them to better meet the credit, savings,
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and training needs of microentreprise clients; and (4) policy and regulatory programs at the country level that improve the environment for microentreprise clients and microenterprise institutions that serve the poor and very poor. (b) Implementation
(1) Office of microenterprise development
(A) Establishment
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. (B) Duties
The Office shall coordinate and be responsible for the provision of assistance under this title.
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(2) Assistance through grants to eligible organizations
Assistance under subsection (a) shall be provided through grants executed, approved, or reviewed by the Office to eligible implementing partner organizations that have a capacity to develop and implement microenterprise programs.
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(3) Review and approval
With respect to assistance under subsection (a) that is furnished through field missions of the Agency, the Office shall be responsible for— (A) reviewing or approving each grant agreement prior to obligation of funds under the agreement in order to ensure that activities to be carried out using such funds are efficacious, technically sound, and suitable for the economic and security climate of the country or region where the activities will be conducted; and (B) approving microenterprise development components of strategic plans of missions, bureaus, and offices of the Agency.
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(c) Targeted Assistance
In carrying out sustainable poverty-focused programs under subsection (a), 50 percent of all microenterprise resources shall be targeted to very poor clients, defined as those individuals living in the bottom 50 percent below the poverty line as established by the national government of the country. Specifically, 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;
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(ii) $400 or less in the Latin America region; and (iii) $300 or less in the rest of the world; and (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.
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(d) Support for Central Mechanisms
The Administrator should increase the use of central mechanisms through microenterprise, microfinance, and practitioner institutions in the implementation of this title. 253. Monitoring system
(a) Establishment
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 establish a monitoring system that meets the requirements of subsection (b).
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(b) Requirements
The requirements referred to in subsection (a) are the following: (1) The monitoring system establishes performance goals for the assistance and expresses such goals in an objective and quantifiable form, to the extent feasible. (2) The monitoring system establishes 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.
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(3) The monitoring system provides a basis for recommendations 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. 254.
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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 eligible implementing partner organizations to use to assess the poverty levels of their current 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).
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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 October 1, 2004, 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 or prospective clients of microenterprise institutions for purposes of assistance under section 252.
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(b) Application
The Administrator shall require that, with reasonable exceptions, all eligible implementing partner organizations applying for microenterprise assistance under this title use one of the certified methods, beginning not later than October 1, 2005, to determine and report the poverty levels of current or prospective clients. 255. Authorization of appropriations; Additional authorities
(a) Authorization of Appropriations
There are authorized to be appropriated to the President to carry out this subtitle $200,000,000 for fiscal year 2005 and such sums as may be necessary for fiscal year 2006.
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(b) Additional Authorities
(1) Amounts appropriated pursuant to the authorization of appropriations under subsection (a)— (A) may be referred to as the Microenterprise Development Assistance Account ; (B) shall be allocated to the Office, and upon approval by the Director of the Office, may be reallocated to field missions of the Agency in furtherance of the purposes of this title; (C) are authorized to remain available until expended; and (D) are in addition to amounts otherwise available for such purposes.
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(2) 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 of such assistance and, to the extent applicable, the information required by paragraphs (1) through (9) of subsection (b) of such section with respect to such assistance.. 251.
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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.
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(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) Microenteprise programs have been successful and should continue to empower vulnerable women in the developing world.
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Such programs should take into account the risks faced by women who are potential victims of severe forms of trafficking and the need for assistance for women who become victims of severe forms 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 ). 252. Authorization; Implementation; Targeted Assistance
(a) Authorization
The President is authorized to provide assistance on a grant basis for programs in developing countries to increase the availability of credit, savings,
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and other services to microenterprises lacking full access to capital, training, technical assistance, and business development services, through— (1) grants to microfinance institutions for the purpose of expanding the availability of credit, savings, and other financial services to microentreprise clients; (2) grants to microenterprise institutions 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, and to increase their income and build their assets; (3) capacity-building for microenterprise institutions in order to enable them to better meet the credit, savings,
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and training needs of microentreprise clients; and (4) policy and regulatory programs at the country level that improve the environment for microentreprise clients and microenterprise institutions that serve the poor and very poor. (b) Implementation
(1) Office of microenterprise development
(A) Establishment
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. (B) Duties
The Office shall coordinate and be responsible for the provision of assistance under this title.
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(2) Assistance through grants to eligible organizations
Assistance under subsection (a) shall be provided through grants executed, approved, or reviewed by the Office to eligible implementing partner organizations that have a capacity to develop and implement microenterprise programs.
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(3) Review and approval
With respect to assistance under subsection (a) that is furnished through field missions of the Agency, the Office shall be responsible for— (A) reviewing or approving each grant agreement prior to obligation of funds under the agreement in order to ensure that activities to be carried out using such funds are efficacious, technically sound, and suitable for the economic and security climate of the country or region where the activities will be conducted; and (B) approving microenterprise development components of strategic plans of missions, bureaus, and offices of the Agency.
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(c) Targeted Assistance
In carrying out sustainable poverty-focused programs under subsection (a), 50 percent of all microenterprise resources shall be targeted to very poor clients, defined as those individuals living in the bottom 50 percent below the poverty line as established by the national government of the country. Specifically, 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;
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(ii) $400 or less in the Latin America region; and (iii) $300 or less in the rest of the world; and (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.
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(d) Support for Central Mechanisms
The Administrator should increase the use of central mechanisms through microenterprise, microfinance, and practitioner institutions in the implementation of this title. 253. Monitoring system
(a) Establishment
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 establish a monitoring system that meets the requirements of subsection (b).
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(b) Requirements
The requirements referred to in subsection (a) are the following: (1) The monitoring system establishes performance goals for the assistance and expresses such goals in an objective and quantifiable form, to the extent feasible. (2) The monitoring system establishes 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.
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(3) The monitoring system provides a basis for recommendations 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. 254.
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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 eligible implementing partner organizations to use to assess the poverty levels of their current 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).
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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 October 1, 2004, 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 or prospective clients of microenterprise institutions for purposes of assistance under section 252.
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(b) Application
The Administrator shall require that, with reasonable exceptions, all eligible implementing partner organizations applying for microenterprise assistance under this title use one of the certified methods, beginning not later than October 1, 2005, to determine and report the poverty levels of current or prospective clients. 255. Authorization of appropriations; Additional authorities
(a) Authorization of Appropriations
There are authorized to be appropriated to the President to carry out this subtitle $200,000,000 for fiscal year 2005 and such sums as may be necessary for fiscal year 2006.
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(b) Additional Authorities
(1) Amounts appropriated pursuant to the authorization of appropriations under subsection (a)— (A) may be referred to as the Microenterprise Development Assistance Account ; (B) shall be allocated to the Office, and upon approval by the Director of the Office, may be reallocated to field missions of the Agency in furtherance of the purposes of this title; (C) are authorized to remain available until expended; and (D) are in addition to amounts otherwise available for such purposes.
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(2) 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 of such assistance and, to the extent applicable, the information required by paragraphs (1) through (9) of subsection (b) of such section with respect to such assistance. 4.
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Microenterprise development credits
(a) Transfer
Section 108 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151f ) is hereby— (1) transferred from chapter 1 of part I of the Foreign Assistance Act of 1961 to title VI of chapter 2 of part I of such Act (as added by section 3 of this Act); and (2) inserted after section 255 of the Foreign Assistance Act of 1961.
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(b) Redesignation
Title VI of chapter 2 of part I of the Foreign Assistance Act of 1961 is amended by redesignating section 108 (as added by subsection (a)) as section 256. (c) Conforming Amendments
Title VI of chapter 2 of part I of the Foreign Assistance Act of 1961 is amended— (1) by inserting after the title heading the following: A Grant Assistance
; (2) by inserting after section 255 the following: B Credit Assistance
;
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and (3) in section 256 (as redesignated by subsection (b))— (A) in the matter preceding paragraph (1) of subsection (c), by striking Administrator of the agency primarily responsible for administering this part and inserting Administrator of the Agency ; and (B) in subsection (f)(1)— (i) by striking section 131 and inserting this part ; and (ii) by striking 2001 through 2004 and inserting 2005 and 2006. 5.
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United States Microfinance Loan Facility
(a) Transfer
Section 132 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2152b ) is hereby— (1) transferred from chapter 1 of part I of the Foreign Assistance Act of 1961 to title VI of chapter 2 of part I of such Act (as added by section 3 of this Act); and (2) inserted after section 256 of the Foreign Assistance Act of 1961 (as added by section 4 of this Act).
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(b) Redesignation
Title VI of chapter 2 of part I of the Foreign Assistance Act of 1961 is amended by redesignating section 132 (as added by subsection (a)) as section 257. (c) Conforming Amendments
Title VI of chapter 2 of part I of the Foreign Assistance Act of 1961 is amended— (1) by inserting after section 256 the following: C United States Microfinance Loan Facility
; and (2) in section 257 (as redesignated by subsection (b))— (A) in subsection (b)(3),
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by striking 2001 and 2002 and inserting 2005 and 2006 ; (B) in the matter preceding subparagraph (A) of subsection (d)(1), by striking the fiscal year 2001 and inserting each of the fiscal years 2005 and 2006 ; and (C) by striking subsection (e). 6.
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Miscellaneous provisions
Title VI of chapter 2 of part I of the Foreign Assistance Act of 1961 (as added by section 3 of this Act and amended by sections 4 and 5 of this Act) is further amended by adding at the end the following new subtitle: D Miscellaneous Provisions
258. Report
(a) In General
Not later than December 31, 2005, and each December 31 thereafter, the Administrator of the Agency shall submit to the appropriate congressional committees a report that contains a detailed description of the implementation of this title for the previous fiscal year.
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(b) Contents
The report shall contain the following: (1) The number of grants provided under section 252, with a listing of— (A) the amount of each grant; (B) the name of each implementing partner organization; and (C) a listing of the number of countries receiving assistance authorized by sections 252. (2) The results of the monitoring system required under section 253. (3) The process of developing and applying poverty assessment procedures required under section 254.
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(4) The percentage of assistance furnished under section 252 that was allocated to the very poor based on the data collected using the certified methods required by section 254. (5) The absolute number of the very poor reached with assistance furnished under section 252. (6) The amount of assistance provided under section 252 through central mechanisms. (7) The name of each country that receives assistance under section 256 and the amount of such assistance.
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(8) An estimate of the percentage of beneficiaries of assistance under this title who are women, including, to the extent practicable, the percentage of these women who have been victims of sex trafficking, as well as information on efforts to provide assistance under this title to women who have been victims of severe forms of trafficking or who were previously involved in prostitution.
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