II 

109TH CONGRESS 

1ST SESSION S. 350

To amend the Foreign Assistance Act of 1961 to provide assistance for 

orphans and other vulnerable children in developing countries, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 10, 2005

Mr. LUGAR (for himself, Mrs. BOXER, Mr. CHAFEE, Mr. FEINGOLD, Mr. 

COLEMAN, and Mr. SMITH) introduced the following bill; which was read 

twice and referred to the Committee on Foreign Relations 

A BILL

To amend the Foreign Assistance Act of 1961 to provide 

assistance for orphans and other vulnerable children in 

developing countries, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Assistance for Orphans 

5 and Other Vulnerable Children in Developing Countries 

6 Act of 2005’’. 

7 SEC. 2. FINDINGS. 

8 Congress makes the following findings: 
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1 (1) More than 110,000,000 orphans live in sub2 Saharan Africa, Asia, Latin America, and the Carib3 bean. These children often are disadvantaged in nu4 merous and devastating ways and most households 

5 with orphans cannot meet the basic needs of health 

6 care, food, clothing, and educational expenses. 

7 (2) It is estimated that 121,000,000 children 

8 worldwide do not attend school and that the major9 ity of such children are young girls. According to the 

10 United Nations Children’s Fund (UNICEF), or11 phans are less likely to be in school and more likely 

12 to be working full time. 

13 (3) School food programs, including take-home 

14 rations, in developing countries provide strong incen15 tives for children to remain in school and continue 

16 their education. School food programs can reduce 

17 short-term hunger, improve cognitive functions, and 

18 enhance learning, behavior, and achievement. 

19 (4) Financial barriers, such as school fees and 

20 other costs of education, prevent many orphans and 

21 other vulnerable children in developing countries 

22 from attending school. Providing children with free 

23 primary school education, while simultaneously en24 suring that adequate resources exist for teacher 

25 training and infrastructure, would help more or-
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1 phans and other vulnerable children obtain a quality 

2 education. 

3 (5) The trauma that results from the loss of a 

4 parent can trigger behavior problems of aggression 

5 or emotional withdrawal and negatively affect a 

6 child’s performance in school and the child’s social 

7 relations. Children living in families affected by 

8 HIV/AIDS or who have been orphaned by AIDS 

9 often face stigmatization and discrimination. Pro10 viding culturally appropriate psychosocial support to 

11 such children can assist them in successfully accept12 ing and adjusting to their circumstances. 

13 (6) Orphans and other vulnerable children in 

14 developing countries routinely are denied their inher15 itance or encounter difficulties in claiming the land 

16 and other property which they have inherited. Even 

17 when the inheritance rights of women and children 

18 are spelled out in law, such rights are difficult to 

19 claim and are seldom enforced. In many countries it 

20 is difficult or impossible for a widow, even if she has 

21 young children, to claim property after the death of 

22 her husband. 

23 (7) The HIV/AIDS pandemic has had a dev24 astating effect on children and is deepening poverty 
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1 in entire communities and jeopardizing the health, 

2 safety, and survival of all children in affected areas. 

3 (8) The HIV/AIDS pandemic has increased the 

4 number of orphans worldwide and has exacerbated 

5 the poor living conditions of the world’s poorest and 

6 most vulnerable children. AIDS has created an un7 precedented orphan crisis, especially in sub-Saharan 

8 Africa, where children have been hardest hit. An es9 timated 14,000,000 orphans have lost 1 or both par10 ents to AIDS. By 2010, it is estimated that over 

11 25,000,000 children will have been orphaned by 

12 AIDS. 

13 (9) Approximately 2,500,000 children under the 

14 age of 15 worldwide have HIV/AIDS. Every day an15 other 2,000 children under the age of 15 are in16 fected with HIV. Without treatment, most children 

17 born with HIV can expect to die by age two, but 

18 with sustained drug treatment through childhood, 

19 the chances of long-term survival and a productive 

20 adulthood improve dramatically. 

21 (10) Few international development programs 

22 specifically target the treatment of children with 

23 HIV/AIDS in developing countries. Reasons for this 

24 include the perceived low priority of pediatric treat25 ment, a lack of pediatric health care professionals,
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1 lack of expertise and experience in pediatric drug 

2 dosing and monitoring, the perceived complexity of 

3 pediatric treatment, and mistaken beliefs regarding 

4 the risks and benefits of pediatric treatment. 

5 (11) Although a number of organizations seek 

6 to meet the needs of orphans or other vulnerable 

7 children, extended families and local communities 

8 continue to be the primary providers of support for 

9 such children. 

10 (12) The HIV/AIDS pandemic is placing huge 

11 burdens on communities and is leaving many or12 phans with little support. Alternatives to traditional 

13 orphanages, such as community-based resource cen14 ters, continue to evolve in response to the massive 

15 number of orphans that has resulted from the pan16 demic. 

17 (13) The AIDS orphans crisis in sub-Saharan 

18 Africa has implications for political stability, human 

19 welfare, and development that extend far beyond the 

20 region, affecting governments and people worldwide, 

21 and this crisis requires an accelerated response from 

22 the international community. 

23 (14) Although section 403(b) of the United 

24 States Leadership Against HIV/AIDS, Tuberculosis, 

25 and Malaria Act of 2003 (22 U.S.C. 7673(b)) estab-
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1 lishes the requirement that not less than 10 percent 

2 of amounts appropriated for HIV/AIDS assistance 

3 for each of fiscal years 2006 through 2008 shall be 

4 expended for assistance for orphans and other vul5 nerable children affected by HIV/AIDS, there is an 

6 urgent need to provide assistance to such children 

7 prior to 2006. 

8 (15) Numerous United States and indigenous 

9 private voluntary organizations, including faith10 based organizations, provide assistance to orphans 

11 and other vulnerable children in developing coun12 tries. Many of these organizations have submitted 

13 applications for grants to the Administrator of the 

14 United States Agency for International Development 

15 to provide increased levels of assistance for orphans 

16 and other vulnerable children in developing coun17 tries. 

18 (16) Increasing the amount of assistance that is 

19 provided by the Administrator of the United States 

20 Agency for International Development through 

21 United States and indigenous private voluntary or22 ganizations, including faith-based organizations, will 

23 provide greater protection for orphans and other vul24 nerable children in developing countries. 
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1 (17) It is essential that the United States Gov2 ernment adopt a comprehensive approach for the 

3 provision of assistance to orphans and other vulner4 able children in developing countries. A comprehen5 sive approach would ensure that important services, 

6 such as basic care, psychosocial support, school food 

7 programs, increased educational opportunities and 

8 employment training and related services, the pro9 tection and promotion of inheritance rights for such 

10 children, and the treatment of orphans and other 

11 vulnerable children with HIV/AIDS, are made more 

12 accessible. 

13 (18) Assistance for orphans and other vulner14 able children can best be provided by a comprehen15 sive approach of the United States Government 

16 that—

17 (A) ensures that Federal agencies and the 

18 private sector coordinate efforts to prevent and 

19 eliminate duplication of efforts and waste in the 

20 provision of such assistance; and 

21 (B) to the maximum extent possible, fo22 cuses on community-based programs that allow 

23 orphans and other vulnerable children to re24 main connected to the traditions and rituals of 

25 their families and communities. 
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1 SEC. 3. ASSISTANCE FOR ORPHANS AND OTHER VULNER2 ABLE CHILDREN IN DEVELOPING COUN3 TRIES. 

4 Chapter 1 of part I of the Foreign Assistance Act 

5 of 1961 (22 U.S.C. 2151 et seq.) is amended by adding 

6 at the end the following section: 

7 ‘‘SEC. 135. ASSISTANCE FOR ORPHANS AND OTHER VUL8 NERABLE CHILDREN. 

9 ‘‘(a) FINDINGS.—Congress finds the following: 

10 ‘‘(1) There are more than 110,000,000 orphans 

11 living in sub-Saharan Africa, Asia, Latin America, 

12 and the Caribbean. 

13 ‘‘(2) The HIV/AIDS pandemic has created an 

14 unprecedented orphan crisis, especially in sub-Saha15 ran Africa, where children have been hardest hit. 

16 The pandemic is deepening poverty in entire commu17 nities, and is jeopardizing the health, safety, and 

18 survival of all children in affected countries. It is es19 timated that 14,000,000 children have lost one or 

20 both parents to AIDS. 

21 ‘‘(3) The orphans crisis in sub-Saharan Africa 

22 has implications for human welfare, development, 

23 and political stability that extend far beyond the re24 gion, affecting governments and people worldwide. 

25 ‘‘(4) Extended families and local communities 

26 are struggling to meet the basic needs of orphans 
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1 and vulnerable children by providing food, health 

2 care including treatment of children living with HIV/

3 AIDS, education expenses, and clothing. 

4 ‘‘(5) Providing assistance to such children is an 

5 important expression of the humanitarian concern 

6 and tradition of the people of the United States. 

7 ‘‘(b) DEFINITIONS.—In this section: 

8 ‘‘(1) AIDS.—The term ‘AIDS’ has the meaning 

9 given the term in section 104A(g). 

10 ‘‘(2) CHILDREN.—The term ‘children’ means 

11 persons who have not attained the age of 18. 

12 ‘‘(3) HIV/AIDS.—The term ‘HIV/AIDS’ has 

13 the meaning given the term in section 104A(g). 

14 ‘‘(4) ORPHAN.—The term ‘orphan’ means a 

15 child deprived by death of one or both parents. 

16 ‘‘(5) PSYCHOSOCIAL SUPPORT.—The term ‘psy17 chosocial support’ includes care that addresses the 

18 ongoing psychological and social problems that affect 

19 individuals, their partners, families, and caregivers 

20 in order to alleviate suffering, strengthen social ties 

21 and integration, provide emotional support, and pro22 mote coping strategies. 

23 ‘‘(c) ASSISTANCE.—The President is authorized to 

24 provide assistance, including providing such assistance 

25 through international or nongovernmental organizations,
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1 for programs in developing countries to provide basic care 

2 and services for orphans and other vulnerable children. 

3 Such programs should provide assistance— 

4 ‘‘(1) to support families and communities to 

5 mobilize their own resources through the establish6 ment of community-based organizations to provide 

7 basic care for orphans and other vulnerable children; 

8 ‘‘(2) for school food programs, including the 

9 purchase of local or regional foodstuffs where appro10 priate; 

11 ‘‘(3) to increase primary school enrollment 

12 through the elimination of school fees, where appro13 priate, or other barriers to education while ensuring 

14 that adequate resources exist for teacher training 

15 and infrastructure; 

16 ‘‘(4) to provide employment training and re17 lated services for orphans and other vulnerable chil18 dren who are of legal working age; 

19 ‘‘(5) to protect and promote the inheritance 

20 rights of orphans, other vulnerable children, and 

21 widows; 

22 ‘‘(6) to provide culturally appropriate psycho23 social support to orphans and other vulnerable chil24 dren; and 
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1 ‘‘(7) to treat orphans and other vulnerable chil2 dren with HIV/AIDS through the provision of phar3 maceuticals, the recruitment and training of individ4 uals to provide pediatric treatment, and the pur5 chase of pediatric-specific technologies. 

6 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—

7 ‘‘(1) IN GENERAL.—There is authorized to be 

8 appropriated to the President to carry out this sec9 tion such sums as may be necessary for each of the 

10 fiscal years 2006 and 2007. 

11 ‘‘(2) AVAILABILITY OF FUNDS.—Amounts made 

12 available under paragraph (1) are authorized to re13 main available until expended and are in addition to 

14 amounts otherwise available for such purposes. 

15 ‘‘(3) RELATIONSHIP TO OTHER LAWS.—

16 Amounts made available for assistance pursuant to 

17 this subsection, and amounts made available for 

18 such assistance pursuant to any other provision of 

19 law, may be used to provide such assistance notwith20 standing any other provision of law.’’. 

21 SEC. 4. STRATEGY OF THE UNITED STATES. 

22 (a) REQUIREMENT FOR STRATEGY.—Not later than 

23 180 days after the date of enactment of this Act, the 

24 President shall develop, and submit to the appropriate 

25 congressional committees, a strategy for coordinating, im-
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1 plementing, and monitoring assistance programs for or2 phans and vulnerable children. 

3 (b) CONSULTATION.—The President should consult 

4 with employees of the field missions of the United States 

5 Agency for International Development in developing the 

6 strategy required by subsection (a) to ensure that such 

7 strategy—

8 (1) will not impede the efficiency of imple9 menting assistance programs for orphans and vul10 nerable children; and 

11 (2) addresses the specific needs of indigenous 

12 populations. 

13 (c) CONTENT.—The strategy required by subsection 

14 (a) shall include—

15 (1) the identity of each agency or department 

16 of the Federal Government that is providing assist17 ance for orphans and vulnerable children in foreign 

18 countries; 

19 (2) a description of the efforts of the head of 

20 each such agency or department to coordinate the 

21 provision of such assistance with other agencies or 

22 departments of the Federal Government or non23 governmental entities; 

24 (3) a description of a coordinated strategy, in25 cluding coordination with other bilateral and multi-
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1 lateral donors, to provide the assistance authorized 

2 in section 135 of the Foreign Assistance Act of 

3 1961, as added by section 3 of this Act; 

4 (4) an analysis of additional coordination mech5 anisms or procedures that could be implemented to 

6 carry out the purposes of such section; 

7 (5) a description of a monitoring system that 

8 establishes performance goals for the provision of 

9 such assistance and expresses such goals in an ob10 jective and quantifiable form, to the extent feasible; 

11 and 

12 (6) a description of performance indicators to 

13 be used in measuring or assessing the achievement 

14 of the performance goals described in paragraph (5). 

15 SEC. 5. ANNUAL REPORT. 

16 Not later than one year after the date on which the 

17 President submits the strategy required by section 4(a) 

18 to the appropriate congressional committees, and annually 

19 thereafter, the President shall submit a report to the ap20 propriate congressional committees on the implementation 

21 of this Act. 

22 SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DE23 FINED. 

24 In this Act, the term ‘‘appropriate congressional com25 mittees’’ means the Committee on Appropriations and the 
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1 Committee on Foreign Relations of the Senate and the 

2 Committee on Appropriations and the Committee on 

3 International Relations of the House of Representatives.

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