H. R. 1409

One Hundred Ninth Congress

of the

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the fourth day of January, two thousand and five 

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 
H. R. 1409—2

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 
H. R. 1409—3

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, 
H. R. 1409—4

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—
H. R. 1409—5

‘‘(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: 
H. R. 1409—6

‘‘(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 
H. R. 1409—7

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. 
H. R. 1409—8

(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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.