22 U.S. Code § 2211 - Findings and policy

Congress finds and declares the following:

(1) Access to financial services and the development of micro, small, and medium-sized enterprises are vital factors in the stable growth of developing countries, in the development of free, open, and equitable international economic systems, and in the economic empowerment of the poor, especially women.

(2) It is therefore in the best interest of the United States to facilitate access to financial services and assist the development of micro, small, and medium-sized enterprises in developing countries, particularly enterprises owned, managed, and controlled by women.

(3) Access to financial services and the development of micro, small, and medium-sized enterprises 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, micro, small, and medium-sized enterprise programs should target both rural and urban poor.

(5) Microenterprise programs have been successful and should continue and be expanded to empower vulnerable women in the developing world. The Agency should work to ensure that recipients of development assistance for micro, small, and medium-sized enterprises under this subpart communicate and work with nongovernmental organizations and government organizations to identify and assist victims of trafficking as provided for in section 7104(a)(1) of this title and women who are victims of or susceptible to other forms of exploitation and violence.

(6) Given that microenterprise programs have had some success in empowering disenfranchised groups such as women, development assistance for micro, small, and medium-sized enterprises 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.

(Pub. L. 87–195, pt. I, § 251, as added Pub. L. 108–484, § 3, Dec. 23, 2004, 118 Stat. 3923; amended Pub. L. 115–428, § 4(a), Jan. 9, 2019, 132 Stat. 5512.)

Editorial Notes

Prior Provisions

A prior section 2211, Pub. L. 87–195, pt. I, § 251, as added Pub. L. 87–565, pt. I, § 106, Aug. 1, 1962, 76 Stat. 257; amended Pub. L. 88–205, pt. I, § 106(a), Dec. 16, 1963, 77 Stat. 382; Pub. L. 89–583, pt. I, § 105(a), Sept. 19, 1966, 80 Stat. 799; Pub. L. 90–137, pt. I, § 106(a), Nov. 14, 1967, 81 Stat. 451, related to assistance in order to promote the economic development of countries and areas in Latin America, prior to repeal by Pub. L. 95–424, title I, § 102(g)(1)(A), title VI, § 605, Oct. 6, 1978, 92 Stat. 942, 961, effective Oct. 1, 1978.

Amendments

2019—Par. (1). Pub. L. 115–428, § 4(a)(1), substituted “micro, small, and medium-sized enterprises” for “microenterprise” and “, in the development” for “and in the development” and inserted “, and in the economic empowerment of the poor, especially women” before period at end.

Par. (2). Pub. L. 115–428, § 4(a)(2), substituted “micro, small, and medium-sized enterprises” for “microenterprise” and inserted “, particularly enterprises owned, managed, and controlled by women” before period at end.

Par. (3). Pub. L. 115–428, § 4(a)(3), substituted “micro, small, and medium-sized enterprises” for “microenterprises”.

Par. (4). Pub. L. 115–428, § 4(a)(4), substituted “micro, small, and medium-sized enterprise” for “microenterprise”.

Par. (5). Pub. L. 115–428, § 4(a)(5), substituted “should continue and be expanded” for “should continue” and “development assistance for micro, small, and medium-sized enterprises” for “microenterprise and microfinance development assistance”.

Par. (6). Pub. L. 115–428, § 4(a)(6), substituted “have had some success” for “have been successful” and “development assistance for micro, small, and medium-sized enterprises should” for “microenterprise programs should” and struck out “, such as countries in Latin America” after “demonstrated”.

Statutory Notes and Related Subsidiaries

Findings and Policy

Pub. L. 108–484, § 2, Dec. 23, 2004, 118 Stat. 3922, provided that:

“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) [see Short Title of 2000 Amendments note set out under section 2151 of this title].

“(B) Public Law 108–31 [see Tables for classification] (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 report on the effectiveness of the United States Agency for International Development’s microfinance program, prepared by the Consultative Group to Assist the Poor, rated the Agency in the top tier of the 17 donors in this field.

“(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.

“(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) 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.

“(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.”

Sense of Congress

Pub. L. 108–484, § 7, Dec. 23, 2004, 118 Stat. 3930, provided that:

“It is the sense of Congress that, in carrying out title VI of chapter 2 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2211 et seq.] (as added by section 3 of this Act and amended by sections 4 through 6 of this Act), the Administrator of the United States Agency for International Development—

“(1) where applicable, should ensure that microenterprise development assistance provided under such title is matched by recipients with an equal amount of assistance from non-United States Government sources, including private donations, multilateral funding, commercial and concessional borrowing, savings, and program income;

“(2) should include in the report required by section 258 of the Foreign Assistance Act of 1961 [22 U.S.C. 2214] (as added by section 6 of this Act) a description of all matching assistance (as described in paragraph (1)) provided for the prior year by recipients of microenterprise development assistance under such title;

“(3) should ensure that recipients of microenterprise development assistance under such title do not expend an unreasonably large percentage of such assistance on administrative costs;

“(4) should not use recipients of microenterprise development assistance under such title to carry out critical management functions of the Agency, including functions such as strategy development or overall management of programs in a country; and

“(5) should consult with the appropriate congressional committees with respect to the implementation of title VI of chapter 2 of part I of the Foreign Assistance Act of 1961 not later than 90 days after the date of the enactment of this Act [Dec. 23, 2004].”

References

Pub. L. 108–484, § 9, Dec. 23, 2004, 118 Stat. 3931, provided that:

“Any reference in a law, regulation, agreement, or other document of the United States to section 108, 131, or 132 of the Foreign Assistance Act of 1961 [former 22 U.S.C. 2151f, 2152a, 2152b] shall be deemed to be a reference to subtitle B of title VI of chapter 2 of part I of the Foreign Assistance Act of 1961 [division B of this subpart], subtitle A of title VI of chapter 2 of part I of such Act [this division], or subtitle C of title VI of chapter 2 of part I of such Act [division C of this subpart], respectively.”