PUBLIC LAW 109–95—NOV. 8, 2005 119 STAT. 2111

Public Law 109–95

109th Congress

An Act

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

and other vulnerable children in developing countries, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

Other Vulnerable Children in Developing Countries Act of 2005’’.

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) As of July 2004, there were more than 143,000,000

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

and the Caribbean who were identified as orphans, having

lost one or both of their parents. Of this number, approximately

16,200,000 children were identified as double orphans, having

lost both parents—the vast majority of whom died of AIDS.

These children often are disadvantaged in numerous and devastating ways and most households with orphans cannot meet

the basic needs of health care, food, clothing, and educational

expenses.

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

do not attend school and that the majority of such children

are young girls. According to the United Nations Children’s

Fund (UNICEF), orphans are less likely to be in school and

more likely to be working full time.

(3) School food programs, including take-home rations, in

developing countries provide strong incentives for children to

remain in school and continue their education. School food

programs can reduce short-term hunger, improve cognitive functions, and enhance learning, behavior, and achievement.

(4) Financial barriers, such as school fees and other costs

of education, prevent many orphans and other vulnerable children in developing countries from attending school. Providing

children with free primary school education, while simultaneously ensuring that adequate resources exist for teacher

training and infrastructure, would help more orphans and other

vulnerable children obtain a quality education.

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

can trigger behavior problems of aggression or emotional withdrawal and negatively affect a child’s performance in school

and the child’s social relations. Children living in families

affected by HIV/AIDS or who have been orphaned by AIDS

Assistance for

Orphans and

Other Vulnerable

Children in

Developing

Countries Act

of 2005.

22 USC 2151

note.

22 USC 2152f

note.

Nov. 8, 2005

[H.R. 1409]

119 STAT. 2112 PUBLIC LAW 109–95—NOV. 8, 2005

often face stigmatization and discrimination. Providing culturally appropriate psychosocial support to such children can

assist them in successfully accepting and adjusting to their

circumstances.

(6) Orphans and other vulnerable children in developing

countries routinely are denied their inheritance or encounter

difficulties in claiming the land and other property which they

have inherited. Even when the inheritance rights of women

and children are spelled out in law, such rights are difficult

to claim and are seldom enforced. In many countries it is

difficult or impossible for a widow, even if she has young

children, to claim property after the death of her husband.

(7) The HIV/AIDS pandemic has had a devastating affect

on children and is deepening poverty in entire communities

and jeopardizing the health, safety, and survival of all children

in affected areas.

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

of orphans worldwide and has exacerbated the poor living conditions of the world’s poorest and most vulnerable children. AIDS

has created an unprecedented orphan crisis, especially in subSaharan Africa, where children have been hardest hit. An

estimated 14,000,000 orphans have lost 1 or both parents to

AIDS. By 2010, it is estimated that over 25,000,000 children

will have been orphaned by AIDS.

(9) Approximately 2,500,000 children under the age of 15

worldwide have HIV/AIDS. Every day another 2,000 children

under the age of 15 are infected with HIV. Without treatment,

most children born with HIV can expect to die by age two,

but with sustained drug treatment through childhood, the

chances of long-term survival and a productive adulthood

improve dramatically.

(10) Few international development programs specifically

target the treatment of children with HIV/AIDS in developing

countries. Reasons for this include the perceived low priority

of pediatric treatment, a lack of pediatric health care professionals, lack of expertise and experience in pediatric drug dosing

and monitoring, the perceived complexity of pediatric treatment, and mistaken beliefs regarding the risks and benefits

of pediatric treatment.

(11) Although a number of organizations seek to meet

the needs of orphans or other vulnerable children, extended

families and local communities continue to be the primary

providers of support for such children.

(12) The HIV/AIDS pandemic is placing huge burdens on

communities and is leaving many orphans with little support.

Alternatives to traditional orphanages, such as communitybased resource centers, continue to evolve in response to the

massive number of orphans that has resulted from the pandemic.

(13) The AIDS orphans crisis in sub-Saharan Africa has

implications for political stability, human welfare, and development that extend far beyond the region, affecting governments

and people worldwide, and this crisis requires an accelerated

response from the international community.

(14) Although section 403(b) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003

(22 U.S.C. 7673(b)) establishes the requirement that not less

PUBLIC LAW 109–95—NOV. 8, 2005 119 STAT. 2113

than 10 percent of amounts appropriated for HIV/AIDS assistance for each of fiscal years 2006 through 2008 shall be

expended for assistance for orphans and other vulnerable children affected by HIV/AIDS, there is an urgent need to provide

assistance to such children prior to 2006.

(15) Numerous United States and indigenous private voluntary organizations, including faith-based organizations, provide assistance to orphans and other vulnerable children in

developing countries. Many of these organizations have submitted applications for grants to the Administrator of the

United States Agency for International Development to provide

increased levels of assistance for orphans and other vulnerable

children in developing countries.

(16) Increasing the amount of assistance that is provided

by the Administrator of the United States Agency for International Development through United States and indigenous

private voluntary organizations, including faith-based organizations, will provide greater protection for orphans and other

vulnerable children in developing countries.

(17) It is essential that the United States Government

adopt a comprehensive approach for the provision of assistance

to orphans and other vulnerable children in developing countries. A comprehensive approach would ensure that important

services, such as basic care, psychosocial support, school food

programs, increased educational opportunities and employment

training and related services, the protection and promotion

of inheritance rights for such children, and the treatment of

orphans and other vulnerable children with HIV/AIDS, are

made more accessible.

(18) Assistance for orphans and other vulnerable children

can best be provided by a comprehensive approach of the United

States Government that—

(A) ensures that Federal agencies and the private

sector coordinate efforts to prevent and eliminate duplication of efforts and waste in the provision of such assistance;

and

(B) to the maximum extent possible, focuses on community-based programs that allow orphans and other vulnerable children to remain connected to the traditions and

rituals of their families and communities.

SEC. 3. ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN IN DEVELOPING COUNTRIES.

Chapter 1 of part I of the Foreign Assistance Act of 1961

(22 U.S.C. 2151 et seq.) is amended by adding at the end the

following section:

‘‘SEC. 135. ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN.

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

‘‘(1) There are more than 143,000,000 orphans living subSaharan Africa, Asia, Latin America, and the Caribbean. Of

this number, approximately 16,200,000 children have lost both

parents.

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

orphan crisis, especially in sub-Saharan Africa, where children

have been hardest hit. The pandemic is deepening poverty

in entire communities, and is jeopardizing the health, safety,

22 USC 2152f.

119 STAT. 2114 PUBLIC LAW 109–95—NOV. 8, 2005

and survival of all children in affected countries. It is estimated

that 14,000,000 children have lost one or both parents to AIDS.

‘‘(3) The orphans crisis in sub-Saharan Africa has implications for human welfare, development, and political stability

that extend far beyond the region, affecting governments and

people worldwide.

‘‘(4) Extended families and local communities are struggling

to meet the basic needs of orphans and vulnerable children

by providing food, health care including treatment of children

living with HIV/AIDS, education expenses, and clothing.

‘‘(5) Famines, natural disasters, chronic poverty, ongoing

conflicts, and civil wars in developing countries are adversely

affecting children in these countries, the vast majority of whom

currently do not receive humanitarian assistance or other support from the United States.

‘‘(6) The United States Government administers various

assistance programs for orphans and other vulnerable children

in developing countries. In order to improve targeting and

programming of resources, the United States Agency for International Development should develop methods to adequately

track the overall number of orphans and other vulnerable children receiving assistance, the kinds of programs for such children by sector and location, and any other such related data

and analysis.

‘‘(7) The United States Agency for International Development should improve its capabilities to deliver assistance to

orphans and other vulnerable children in developing countries

through partnerships with private volunteer organizations,

including community and faith-based organizations.

‘‘(8) The United States Agency for International Development should be the primary United States Government agency

responsible for identifying and assisting orphans and other

vulnerable children in developing countries.

‘‘(9) Providing assistance to such children is an important

expression of the humanitarian concern and tradition of the

people of the United States.

‘‘(b) DEFINITIONS.—In this section:

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

term in section 104A(g)(1) of this Act.

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

have not attained 18 years of age.

‘‘(3) HIV/AIDS.—The term ‘HIV/AIDS’ has the meaning given

the term in section 104A(g)(3) of this Act.

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

by death of one or both parents.

‘‘(5) PSYCHOSOCIAL SUPPORT.—The term ‘psychosocial support’ includes care that addresses the ongoing psychological

and social problems that affect individuals, their partners, families, and caregivers in order to alleviate suffering, strengthen

social ties and integration, provide emotional support, and promote coping strategies.

‘‘(c) ASSISTANCE.—The President is authorized to provide assistance, including providing such assistance through international or

nongovernmental organizations, for programs in developing countries to provide basic care and services for orphans and other

vulnerable children. Such programs should provide assistance—

President.

PUBLIC LAW 109–95—NOV. 8, 2005 119 STAT. 2115

‘‘(1) to support families and communities to mobilize their

own resources through the establishment of community-based

organizations to provide basic care for orphans and other

vulnerable children;

‘‘(2) for school food programs, including the purchase of

local or regional foodstuffs where appropriate;

‘‘(3) to increase primary school enrollment through the

elimination of school fees, where appropriate, or other barriers

to education while ensuring that adequate resources exist for

teacher training and infrastructure;

‘‘(4) to provide employment training and related services

for orphans and other vulnerable children who are of legal

working age;

‘‘(5) to protect and promote the inheritance rights of

orphans, other vulnerable children, and widows;

‘‘(6) to provide culturally appropriate psychosocial support

to orphans and other vulnerable children; and

‘‘(7) to treat orphans and other vulnerable children with

HIV/AIDS through the provision of pharmaceuticals, the

recruitment and training of individuals to provide pediatric

treatment, and the purchase of pediatric-specific technologies.

‘‘(d) MONITORING AND EVALUATION.—

‘‘(1) ESTABLISHMENT.—To maximize the sustainable

development impact of assistance authorized under this section,

and pursuant to the strategy required in section 4 of the Assistance for Orphans and Other Vulnerable Children in Developing

Countries Act of 2005, the President shall establish a monitoring and evaluation system to measure the effectiveness of

United States assistance to orphans and other vulnerable children.

‘‘(2) REQUIREMENTS.—The monitoring and evaluation

system shall—

‘‘(A) establish performance goals for the assistance and

expresses such goals in an objective and quantifiable form,

to the extent feasible;

‘‘(B) establish performance indicators to be used in

measuring or assessing the achievement of the performance

goals described in subparagraph (A); and

‘‘(C) provide a basis for recommendations for adjustments to the assistance to enhance the impact of assistance.

‘‘(e) SPECIAL ADVISOR FOR ASSISTANCE TO ORPHANS AND

VULNERABLE CHILDREN.—

‘‘(1) APPOINTMENT.—

‘‘(A) IN GENERAL.—The Secretary of State, in consultation with the Administrator of the United States Agency

for International Development, shall appoint a Special

Advisor for Assistance to Orphans and Vulnerable Children.

‘‘(B) DELEGATION.—At the discretion of the Secretary

of State, the authority to appoint a Special Advisor under

subparagraph (A) may be delegated by the Secretary of

State to the Administrator of the United States Agency

for International Development.

‘‘(2) DUTIES.—The duties of the Special Advisor for Assistance to Orphans and Vulnerable Children shall include the

following:

President.

119 STAT. 2116 PUBLIC LAW 109–95—NOV. 8, 2005

‘‘(A) Coordinate assistance to orphans and other vulnerable children among the various offices, bureaus, and field

missions within the United States Agency for International

Development.

‘‘(B) Advise the various offices, bureaus, and field missions within the United States Agency for International

Development to ensure that programs approved for assistance under this section are consistent with best practices,

meet the requirements of this Act, and conform to the

strategy outlined in section 4 of the Assistance for Orphans

and Other Vulnerable Children in Developing Countries

Act of 2005.

‘‘(C) Advise the various offices, bureaus, and field missions within the United States Agency for International

Development in developing any component of their annual

plan, as it relates to assistance for orphans or other vulnerable children in developing countries, to ensure that each

program, project, or activity relating to such assistance

is consistent with best practices, meets the requirements

of this Act, and conforms to the strategy outlined in section

4 of the Assistance for Orphans and Other Vulnerable

Children in Developing Countries Act of 2005.

‘‘(D) Coordinate all United States assistance to orphans

and other vulnerable children among United States departments and agencies, including the provision of assistance

relating to HIV/AIDS authorized under the United States

Leadership Against HIV/AIDS, Tuberculosis, and Malaria

Act of 2003 (Public Law 108–25), and the amendments

made by such Act (including section 102 of such Act, and

the amendments made by such section, relating to the

coordination of HIV/AIDS programs).

‘‘(E) Establish priorities that promote the delivery of

assistance to the most vulnerable populations of orphans

and children, particularly in those countries with a high

rate of HIV infection among women.

‘‘(F) Disseminate a collection of best practices to field

missions of the United States Agency for International

Development to guide the development and implementation

of programs to assist orphans and vulnerable children.

‘‘(G) Administer the monitoring and evaluation system

established in subsection (d).

‘‘(H) Prepare the annual report required by section

5 of the Assistance for Orphans and Other Vulnerable

Children in Developing Countries Act of 2005.

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—

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

to the President to carry out this section such sums as may

be necessary for each of the fiscal years 2006 and 2007.

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

under paragraph (1) are authorized to remain available until

expended.’’.

SEC. 4. STRATEGY OF THE UNITED STATES.

(a) REQUIREMENT FOR STRATEGY.—Not later than 180 days

after the date of enactment of this Act, the President shall develop,

and transmit to the appropriate congressional committees, a

22 USC 2152f

note.

Deadline.

President.

PUBLIC LAW 109–95—NOV. 8, 2005 119 STAT. 2117

strategy for coordinating, implementing, and monitoring assistance

programs for orphans and vulnerable children.

(b) CONSULTATION.—The strategy described in subsection (a)

should be developed in consultation with the Special Advisor for

Assistance to Orphans and Vulnerable Children (appointed pursuant to section 135(e)(1) of the Foreign Assistance Act of 1961 (as

added by section 3 of this Act)) and with employees of the field

missions of the United States Agency for International Development

to ensure that the strategy—

(1) will not impede the efficiency of implementing assistance programs for orphans and vulnerable children; and

(2) addresses the specific needs of indigenous populations.

(c) CONTENT.—The strategy required by subsection (a) shall

include—

(1) the identity of each agency or department of the Federal

Government that is providing assistance for orphans and

vulnerable children in foreign countries;

(2) a description of the efforts of the head of each such

agency or department to coordinate the provision of such assistance with other agencies or departments of the Federal Government or nongovernmental entities;

(3) a description of a coordinated strategy, including

coordination with other bilateral and multilateral donors, to

provide the assistance authorized in section 135 of the Foreign

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

(4) an analysis of additional coordination mechanisms or

procedures that could be implemented to carry out the purposes

of such section;

(5) a description of a monitoring system that establishes

performance goals for the provision of such assistance and

expresses such goals in an objective and quantifiable form,

to the extent feasible; and

(6) a description of performance indicators to be used in

measuring or assessing the achievement of the performance

goals described in paragraph (5).

SEC. 5. ANNUAL REPORT.

(a) REPORT.—Not later than one year after the date on which

the President transmits to the appropriate congressional committees

the strategy required by section 4(a), and annually thereafter, the

President shall transmit to the appropriate congressional committees a report on the implementation of this Act and the amendments

made by this Act.

(b) CONTENTS.—The report shall contain the following information for grants, cooperative agreements, contracts, contributions,

and other forms of assistance awarded or entered into under section

135 of the Foreign Assistance Act of 1961 (as added by section

3 of this Act):

(1) The amount of funding, the name of recipient organizations, the location of programs and activities, the status of

progress of programs and activities, and the estimated number

of orphans and other vulnerable children who received direct

or indirect assistance under the programs and activities.

(2) The results of the monitoring and evaluation system

with respect to assistance for orphans and other vulnerable

children.

President.

22 USC 2152g.

119 STAT. 2118 PUBLIC LAW 109–95—NOV. 8, 2005

LEGISLATIVE HISTORY—H.R. 1409:

CONGRESSIONAL RECORD, Vol. 151 (2005):

Oct. 18, considered and passed House.

Oct. 24, considered and passed Senate.

Æ

(3) The percentage of assistance provided in support of

orphans or other vulnerable children affected by HIV/AIDS.

(4) Any other appropriate information relating to the needs

of orphans and other vulnerable children in developing countries that could be addressed through the provision of assistance

authorized in section 135 of the Foreign Assistance Act of

1961, as added by section 3 of this Act, or under any other

provision of law.

SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

In this Act, the term ‘‘appropriate congressional committees’’

means the Committee on Appropriations and the Committee on

Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations of the House

of Representatives.

Approved November 8, 2005.

22 USC 2152g

note.