II 

108TH CONGRESS 

2D SESSION S. 2611 

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

orphans and other vulnerable children in developing countries. 

IN THE SENATE OF THE UNITED STATES 

JULY 7, 2004 

Mrs. BOXER (for herself, Mr. SMITH, Mr. CHAFEE, and Mr. FEINGOLD) 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. 

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 2004’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 
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1 (1)(A) According to estimates by the United 

2 Nations Children’s Fund (UNICEF), there are more 

3 than 132,000,000 children in the world under the 

4 age of three. 

5 (B) Of these children, 4,000,000 will die in 

6 their first month of life and another 7,000,000 will 

7 die each year before reaching the age of five. Thus 

8 an average of 30,000 children under the age of three 

9 die each day. 

10 (2) According to a report developed by the 

11 United Nations Joint Programme on HIV/AIDS 

12 (UNAIDS), UNICEF, and the United States Agen13 cy for International Development, in 2001 there 

14 were more than 110,000,000 orphans living in sub15 Saharan Africa, Asia, Latin America, and the Carib16 bean. 

17 (3) Assessments carried out by the Inter18 national Labor Organization (ILO) to investigate 

19 the situation of children who are working found that 

20 orphans are much more likely than non-orphans to 

21 be working in commercial agriculture, the domestic 

22 service industry, prostitution, as street vendors, or 

23 in industries that violate internationally recognized 

24 rights of children. 
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1 (4) Infants who are poor and malnourished are 

2 more likely to contract respiratory infections, diar3 rhea, measles, and other preventable diseases, and 

4 are less likely to receive needed health care. 

5 (5) According to UNAIDS and UNICEF, by 

6 the end of 2001 there were an estimated 14,000,000 

7 children under the age of 15 who had lost one or 

8 both parents to AIDS. 

9 (6) As the number of HIV cases increases in 

10 sub-Saharan Africa and the Caribbean, as well as in 

11 Eastern Europe and Asia, the death rate from AIDS 

12 among adults in those regions is expected to in13 crease. By 2010 the total number of children in 

14 those regions who will lose one or both parents to 

15 AIDS is expected to be approximately 30,000,000. 

16 (7) One-third of children born from an HIV-in17 fected mother develop HIV/AIDS. Few of these chil18 dren have access to HIV/AIDS medications. 

19 (8) Globally, more than 11,800,000 young peo20 ple ages 15 to 24 were living with HIV/AIDS in 

21 2001, and each day another 6,000 young people be22 came infected with HIV. New estimates indicate that 

23 more than 70 percent of new HIV cases among this 

24 age group in sub-Saharan Africa are young women 

25 and girls. 
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1 (9) As their parents fall progressively sick from 

2 HIV/AIDS, children generally must take on an in3 creasing number of responsibilities. Girls take re4 sponsibility for more household chores, often drop 

5 out of school, and care for their parents. 

6 (10)(A) Without an adequate diet, individuals 

7 infected with HIV often die at an earlier age. Indi8 viduals with HIV become increasingly weak and fa9 tigued, do not respond to drug treatment, and are 

10 prone to other illnesses such as malnutrition and tu11 berculosis (TB). 

12 (B) Hunger can also cause previously HIV-neg13 ative people to engage in high-risk survival strategies 

14 that increase their chances of becoming infected with 

15 HIV. 

16 (11) Extreme poverty and hunger coupled with 

17 the loss of one or both parents as a result of AIDS 

18 can force children from their families to a life on the 

19 streets, where the risk of HIV infection is extremely 

20 high. 

21 (12)(A) A considerable number of United 

22 States and indigenous private voluntary organiza23 tions, including faith-based organizations, provide 

24 assistance to orphans and other vulnerable children 
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1 in developing countries, especially children affected 

2 by HIV/AIDS. 

3 (B) Many of these organizations have submitted 

4 applications for grants from the United States Agen5 cy for International Development in order to provide 

6 increased levels of assistance for orphans and other 

7 vulnerable children in developing countries but in 

8 most cases the Agency has not approved the applica9 tions. 

10 (13)(A) Section 403(b) of the United States 

11 Leadership Against HIV/AIDS, Tuberculosis, and 

12 Malaria Act of 2003 (Public Law 108–25) estab13 lishes the requirement that for fiscal years 2006 

14 through 2008, not less than 10 percent of amounts 

15 appropriated for HIV/AIDS assistance for each such 

16 fiscal year shall be expended for assistance for or17 phans and other vulnerable children affected by 

18 HIV/AIDS. 

19 (B) Further, section 403(b) of Public Law 

20 108–25 requires that at least 50 percent of such 

21 amounts shall be provided through non-profit, non22 governmental organizations, including faith-based 

23 organizations, that implement programs on the com24 munity level. 
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1 (14)(A) It is essential that the United States 

2 Government adopt a comprehensive approach for the 

3 provision of assistance to orphans and other vulner4 able children in developing countries. 

5 (B) This comprehensive approach should ensure 

6 that important services, such as basic care, treat7 ment for those children with HIV/AIDS, mental 

8 health and related services for those children af9 fected by HIV/AIDS, school food programs, in10 creased educational opportunities and employment 

11 training and related services, and the protection and 

12 promotion of inheritance rights, are made more ac13 cessible. 

14 (C) This comprehensive approach should also 

15 ensure that government agencies and the private 

16 sector coordinate efforts to prevent and eliminate 

17 duplication of efforts and waste. 

18 (15) As a result of the numerous United States 

19 Government programs under which assistance is spe20 cifically authorized or otherwise available for or21 phans and vulnerable children in developing coun22 tries, the United States Agency for International 

23 Development will be required to develop innovative 

24 methods for the conduct and monitoring of these 

25 programs, including through the collection, analysis, 
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1 and reporting of information on the programs and 

2 the extent to which such programs provide assist3 ance directly and indirectly to such children. 

4 SEC. 3. PURPOSE. 

5 The primary purpose of this Act, and the amend6 ments made by this Act, is to provide assistance to or7 phans and other vulnerable children, especially such chil8 dren affected by HIV/AIDS, and in particular, for such 

9 children in countries heavily affected by HIV/AIDS. To 

10 the maximum extent practicable, such assistance shall be 

11 provided for the direct benefit to such orphaned and vul12 nerable children. 

13 SEC. 4. ASSISTANCE FOR ORPHANS AND OTHER VULNER14 ABLE CHILDREN IN DEVELOPING COUN15 TRIES. 

16 Title V of chapter 2 of part I of the Foreign Assist17 ance Act of 1961 (22 U.S.C. 2201) is amended to read 

18 as follows: 

19 ‘‘TITLE V—ASSISTANCE FOR OR20 PHANS AND OTHER VULNER21 ABLE CHILDREN 

22 ‘‘SEC. 241. FINDINGS; DECLARATION OF POLICY. 

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

24 ‘‘(1) By 2010, HIV/AIDS will orphan more 

25 than 25,000,000 children worldwide. 
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1 ‘‘(2) Ongoing conflicts and civil wars in devel2 oping countries are adversely affecting children in 

3 these countries, the vast majority of whom currently 

4 do not receive humanitarian assistance or other sup5 port from the United States Government. 

6 ‘‘(3) The United States Government currently 

7 administers assistance programs for orphans and 

8 other vulnerable children in developing countries. 

9 When requested by the Committee on International 

10 Relations of the House of Representatives to provide 

11 information on the overall number of orphans and 

12 other vulnerable children receiving assistance from 

13 the United States Agency for International Develop14 ment in fiscal year 2002, the Agency was only able 

15 to report on its HIV/AIDS assistance program, 

16 under which the Agency provided assistance to 

17 462,000 such orphans and other vulnerable children. 

18 ‘‘(4) The United States Government should in19 crease its efforts to provide assistance for orphans 

20 and other vulnerable children in developing coun21 tries, especially those children affected by HIV/AIDS 

22 or conflict. 

23 ‘‘(5) The United States Agency for Inter24 national Development should establish improved ca25 pacity to deliver assistance to orphans and other vul-
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1 nerable children in developing countries through 

2 partnerships with private voluntary organizations, 

3 including faith-based organizations. 

4 ‘‘(6) Further, the United States Agency for 

5 International Development should be the primary 

6 United States Government agency responsible for 

7 identifying and assisting orphans and other vulner8 able children in developing countries. 

9 ‘‘(b) DECLARATION OF POLICY.—Congress, recog10 nizing that prompt and appropriate action by the United 

11 States to assist orphans and other vulnerable children in 

12 developing countries is an important expression of the hu13 manitarian concern and tradition of the people of the 

14 United States, affirms the willingness of the United States 

15 to assist such orphans and other vulnerable children— 

16 ‘‘(1) by providing assistance for the purpose of 

17 improving the health, nutritional, shelter, edu18 cational, economic, and psychological status of or19 phans and other vulnerable children in such coun20 tries; and 

21 ‘‘(2) by providing humanitarian and protection 

22 assistance to such orphans and other vulnerable chil23 dren affected by conflict or civil strife. 

24 ‘‘SEC. 242. ASSISTANCE TO PROVIDE BASIC CARE. 

25 ‘‘(a) FINDINGS.—Congress finds the following: 
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1 ‘‘(1) The need for individuals and local organi2 zations in developing countries to assist households 

3 headed by children is necessary due to the increase 

4 in the number of such households. Millions of chil5 dren in these types of households lack basic care, 

6 such as access to food and shelter. 

7 ‘‘(2) Although families and extended families 

8 serve as the primary providers of care for these chil9 dren, when these family care networks break down, 

10 and when communities are responsible for raising 

11 orphans, these children are cared for in a rich and 

12 nurturing environment and remain connected to the 

13 traditions and rituals of families and the community. 

14 ‘‘(3) As the number of these children increases, 

15 the ability of communities to provide basic care for 

16 such children is limited. Assistance to support the 

17 provision of such basic care is therefore necessary in 

18 and of itself and also to facilitate the provision of 

19 other types of assistance for such children under this 

20 title. 

21 ‘‘(b) ASSISTANCE.— 

22 ‘‘(1) IN GENERAL.—The President is author23 ized to provide assistance for programs in developing 

24 countries to provide basic care for orphans and other 

25 vulnerable children. 
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1 ‘‘(2) ACTIVITIES SUPPORTED.—Assistance pro2 vided under paragraph (1) should be used— 

3 ‘‘(A) to support individuals and local orga4 nizations, including teachers, social workers, 

5 and representatives from religious institutions 

6 and nongovernmental organizations, to mobilize 

7 their own resources through the strengthening 

8 of community care coalitions, networks, or sup9 port groups to provide basic care for orphans 

10 and other vulnerable children, including day 

11 care, food assistance, protection assistance, and 

12 home visits; 

13 ‘‘(B) to increase the capacity of the com14 munity care groups described in subparagraph 

15 (A) to meet on a regular basis to identify or16 phans and other vulnerable children and to fa17 cilitate the provision of services; and 

18 ‘‘(C) to ensure that the activities of com19 munity care groups described in subparagraph 

20 (A) include appropriate monitoring and super21 vision components. 

22 ‘‘(3) DEFINITION.—In this subsection, the term 

23 ‘protection assistance’ means all appropriate meas24 ures to promote the physical and psychological secu25 rity of an individual, provide equal access to basic 
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1 services for the individual, and safeguard the legal 

2 and human rights and dignity of the individual. 

3 ‘‘SEC. 243. ASSISTANCE TO PROVIDE TREATMENT TO OR4 PHANS AND OTHER VULNERABLE CHILDREN 

5 WITH HIV/AIDS. 

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

7 ‘‘(1) Approximately 2,500,000 children under 

8 the age of 15 worldwide have HIV/AIDS. Every day 

9 another 2,000 children under the age of 15 are in10 fected with HIV. 

11 ‘‘(2) In 2002, approximately 2,500,000 children 

12 were at risk for infection with HIV through mother13 to-child transmission, which includes transmission at 

14 any point during pregnancy, labor, delivery, or 

15 breastfeeding. 

16 ‘‘(3) To date, more than 4,000,000 children 

17 worldwide are estimated to have died from AIDS, 

18 primarily contracted through mother-to-child trans19 mission. Every year, approximately 700,000 babies 

20 are infected with HIV, of which the majority are liv21 ing in Africa. 

22 ‘‘(4) In southern Africa HIV/AIDS is now the 

23 leading cause of death among young children, ac24 counting for almost half of such deaths. 
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1 ‘‘(5) Research has shown conclusively that initi2 ation in a timely manner of antiretroviral therapy 

3 for infants or young children with HIV/AIDS can 

4 preserve or restore their immune functions, promote 

5 normal growth and development, and prolong life. 

6 ‘‘(6) Few international development programs 

7 specifically target the treatment of children with 

8 HIV/AIDS in developing countries. Reasons for this 

9 include the perceived low priority of pediatric treat10 ment, a lack of pediatric health care professionals, 

11 lack of expertise and experience in pediatric drug 

12 dosing and monitoring, the perceived complexity of 

13 pediatric treatment, and mistaken beliefs regarding 

14 the risks and benefits of pediatric treatment. 

15 ‘‘(b) ASSISTANCE.— 

16 ‘‘(1) IN GENERAL.—The President is author17 ized to provide assistance for the treatment of or18 phans and other vulnerable children with HIV/AIDS 

19 in developing countries. 

20 ‘‘(2) ACTIVITIES SUPPORTED.—Assistance pro21 vided under paragraph (1) should be used to carry 

22 out the following activities: 

23 ‘‘(A) The treatment of orphans and other 

24 vulnerable children with HIV/AIDS through the 

25 provision of pharmaceuticals, including high- 
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1 quality, low-cost antiretrovirals and other thera2 pies, including generically manufactured phar3 maceuticals where appropriate. 

4 ‘‘(B)(i) The recruitment and training of in5 dividuals to provide the treatment described in 

6 subparagraph (A), including the recruitment 

7 and training of appropriate support personnel. 

8 ‘‘(ii) Such training should include appro9 priate methodologies relating to initial diag10 nosis, appropriate dosages of pharmaceuticals, 

11 monitoring, medication adherence techniques, 

12 treatment for any complications resulting from 

13 such pharmaceuticals, and psychosocial support 

14 for vulnerable children and their caregivers. 

15 ‘‘(C) Activities of medical laboratories re16 lating to the treatment described in subpara17 graph (A), including assistance for the purchase 

18 of necessary equipment. 

19 ‘‘SEC. 244. ASSISTANCE TO PROVIDE PSYCHOSOCIAL SUP20 PORT TO ORPHANS AND OTHER VULNER21 ABLE CHILDREN AFFECTED BY HIV/AIDS. 

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

23 ‘‘(1) Many children who are orphaned as a re24 sult of AIDS blame themselves for the death of a 
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1 parent and many children are separated from sib2 lings, sometimes for life. 

3 ‘‘(2) The trauma that results from the loss of 

4 a parent as a result of AIDS can trigger behavior 

5 problems of aggression or emotional withdrawal and 

6 negatively affect a child’s performance in school and 

7 the child’s social relations. 

8 ‘‘(3) Children living in families affected by 

9 HIV/AIDS are often stigmatized, teased, and ostra10 cized by peers. 

11 ‘‘(4) Children living in families affected by 

12 HIV/AIDS who are most vulnerable are those chil13 dren in households headed by children. In these 

14 households, trained community volunteers can play a 

15 major role through home visits. 

16 ‘‘(5) In many African countries, religious lead17 ers are mobilizing individuals and local organizations 

18 within the community to identify and respond to the 

19 psychosocial needs of those children affected by 

20 AIDS. 

21 ‘‘(b) ASSISTANCE.—The President is authorized to 

22 provide assistance for programs in developing countries to 

23 provide culturally appropriate mental health services and 

24 psychosocial support for orphans and other vulnerable 

25 children, and their caregivers. 
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1 ‘‘SEC. 245. ASSISTANCE FOR SCHOOL FOOD PROGRAMS. 

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

3 ‘‘(1) In 2004, it is estimated that 125,000,000 

4 children worldwide do not attend school, in part be5 cause of hunger and malnutrition, and the vast ma6 jority of these children are young girls. 

7 ‘‘(2) School food programs, including take-home 

8 rations, in developing countries provide strong incen9 tives for parents to send their children to school and 

10 ensure that they continue with their education. 

11 School food programs may reduce short-term hun12 ger, improve cognitive functions, and enhance learn13 ing, behavior, and achievement. 

14 ‘‘(3) In 2004, more than 8,000,000 children in 

15 sub-Saharan Africa are underweight compared to 

16 1994. Malnutrition enhances the risk that orphans 

17 and other vulnerable children will be at risk for ill18 ness and infections, especially if these children are 

19 also infected with HIV. 

20 ‘‘(4) Healthy members of families affected by 

21 HIV/AIDS in developing countries often leave the 

22 workforce to care for those family members with 

23 HIV/AIDS, which compounds the problem of access 

24 to food for the family. Food consumption has been 

25 shown to drop by as much as 40 percent in these 

26 families. 
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1 ‘‘(5)(A) Although a number of organizations 

2 seek to meet the needs of children who are orphaned 

3 or vulnerable as a result of HIV/AIDS, immediate 

4 and extended families continue to be the primary 

5 providers of care and support for these children, and 

6 they need direct assistance urgently. 

7 ‘‘(B) According to a survey by the United 

8 States Agency for International Development, or9 phans and other vulnerable children relied on rel10 atives for food support 74 percent of the time and 

11 on friends for food support 19 percent of the time. 

12 ‘‘(b) ASSISTANCE.— 

13 ‘‘(1) IN GENERAL.—The President is author14 ized to provide assistance for school food programs 

15 for orphans and vulnerable children in developing 

16 countries, especially in such countries heavily affected 

17 by HIV/AIDS. 

18 ‘‘(2) ACTIVITIES SUPPORTED.—Assistance pro19 vided under paragraph (1) should be used to pur20 chase local or regional foodstuffs, where appropriate, 

21 for school food programs. 

22 ‘‘SEC. 246. ASSISTANCE TO INCREASE EDUCATIONAL OP23 PORTUNITIES AND PROVIDE EMPLOYMENT 

24 TRAINING. 

25 ‘‘(a) FINDINGS.—Congress finds the following: 
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1 ‘‘(1) The lack of financial resources in families 

2 affected by HIV/AIDS prevents many orphans and 

3 other vulnerable children in developing countries 

4 from attending school because of the requirement to 

5 pay school fees and other costs of education. 

6 ‘‘(2) Such children, in particular young girls, 

7 are often forced to miss school in order to serve as 

8 caregivers to relatives with HIV/AIDS or assume 

9 adult responsibilities for providing for the family. 

10 Younger children who lose a parent also lose the op11 portunity to learn skills that they will need to sup12 port themselves as they grow older. 

13 ‘‘(3) According to the International Labor Or14 ganization (ILO), approximately 250,000,000 chil15 dren and adolescents ages 5 to 14 in developing 

16 countries are working part-time and approximately 

17 120,000,000 children and adolescents ages 5 to 14 

18 in developing countries are working full-time. 

19 ‘‘(4) In many regions of Africa and other devel20 oping countries, non-formal education plays an im21 portant role to provide children who are unable to 

22 attend school with the employment and related life 

23 skills training such children need to survive. 

24 ‘‘(5) Many organizations in Africa, including 

25 faith-based organizations, provide employment and 
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1 related life skills training for older children to better 

2 prepare them to serve as caregivers for younger sib3 lings. 

4 ‘‘(6) Organizations that provide non-formal 

5 education can assist the thousands of children in de6 veloping countries who are not currently being as7 sisted by families or communities and are struggling 

8 to survive. 

9 ‘‘(b) ASSISTANCE.— 

10 ‘‘(1) EDUCATION ASSISTANCE.—The President 

11 is authorized to provide assistance for programs in 

12 developing countries to decrease barriers to public 

13 primary school enrollment by eliminating school fees 

14 and other costs of education, especially in developing 

15 countries heavily affected by HIV/AIDS. Amounts 

16 made available to carry out this paragraph— 

17 ‘‘(A) are authorized to be made available 

18 to the President for assistance or contributions 

19 to nongovernmental organizations and inter20 national organizations to achieve the purposes 

21 of this paragraph; and 

22 ‘‘(B) shall not be used to pay school fees. 

23 ‘‘(2) EMPLOYMENT TRAINING ASSISTANCE.— 

24 The President is authorized to provide assistance for 

25 programs in developing countries to provide employ-
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1 ment training and related services for orphans and 

2 other vulnerable children who are of legal working 

3 age, especially for programs in developing countries 

4 heavily affected by HIV/AIDS. 

5 ‘‘SEC. 247. ASSISTANCE TO PROTECT AND PROMOTE INHER6 ITANCE RIGHTS. 

7 ‘‘(a) FINDING.—Congress finds that orphans and 

8 other vulnerable children in developing countries, particu9 larly children who are orphaned as a result of AIDS, are 

10 routinely denied their inheritance or encounter difficulties 

11 in claiming the land and other property which they have 

12 inherited. 

13 ‘‘(b) ASSISTANCE.—The President is authorized to 

14 provide assistance in support of programs in developing 

15 countries to protect and promote the inheritance rights of 

16 orphans and other vulnerable children, particularly young 

17 girls and children who are orphaned as a result of AIDS. 

18 ‘‘SEC. 248. ADMINISTRATION OF ASSISTANCE. 

19 ‘‘(a) OFFICE FOR ORPHANS AND OTHER VULNER20 ABLE CHILDREN.— 

21 ‘‘(1) ESTABLISHMENT.—There is established 

22 within the United States Agency for International 

23 Development an Office for Orphans and Other Vul24 nerable Children (hereafter in this title referred to 

25 as the ‘Office’), which shall be headed by a Director 
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1 who shall be appointed by the Administrator of the 

2 Agency. 

3 ‘‘(2) DUTIES.—The Office shall be responsible 

4 for carrying out this title. 

5 ‘‘(b) APPROVAL OF APPLICATIONS.—Subject to the 

6 requirements of subsection (e), the Director of the Office 

7 shall be responsible for reviewing or approving all applica8 tions submitted to the United States Agency for Inter9 national Development for assistance under this title, in10 cluding applications submitted to field missions of the 

11 Agency. 

12 ‘‘(c) PRIORITY.—In providing assistance under this 

13 title, priority should be given to assistance for developing 

14 countries in which the rate of HIV infection, as reported 

15 in the most recent epidemiological data for that country 

16 compiled by the United Nations Joint Programme on 

17 HIV/AIDS (UNAIDS), is at least 5 percent among women 

18 attending prenatal clinics or more than 15 percent among 

19 individuals in groups with high-risk behavior. 

20 ‘‘(d) FORM OF ASSISTANCE.—Assistance under this 

21 title shall be provided in the form of— 

22 ‘‘(1) grants, cooperative agreements, or con23 tracts; 

24 ‘‘(2) contributions to international organiza25 tions; or 
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1 ‘‘(3) assistance to the governments of devel2 oping countries. 

3 ‘‘(e) COORDINATION.—The provision of assistance 

4 under this title for children who are orphaned as a result 

5 of HIV/AIDS, or are children with HIV/AIDS, shall be 

6 undertaken in accordance with section 104A of this Act 

7 and assistance relating to HIV/AIDS authorized under the 

8 United States Leadership Against HIV/AIDS, Tuber9 culosis, and Malaria Act of 2003 (Public Law 108–25), 

10 including section 102 of such Act concerning the coordina11 tion of HIV/AIDS programs. 

12 ‘‘(f) OTHER ASSISTANCE.—

13 ‘‘(1) REVIEW OR APPROVAL OF OTHER USAID

14 ASSISTANCE.—The Director of the Office shall be re15 sponsible for reviewing or approving—

16 ‘‘(A) each component of the annual plan of 

17 a mission, bureau, or other office of the United 

18 States Agency for International Development as 

19 the component relates to assistance for orphans 

20 or other vulnerable children in developing coun21 tries; and 

22 ‘‘(B) each program, project, or activity re23 lating to such assistance. 

24 ‘‘(2) COORDINATION OF ALL U.S. GOVERNMENT

25 ASSISTANCE.—The Director of the Office shall be re-
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1 sponsible for ensuring coordination of all United 

2 States Government programs to provide assistance 

3 for orphans and other vulnerable children in devel4 oping countries. 

5 ‘‘SEC. 249. MONITORING SYSTEM. 

6 ‘‘(a) ESTABLISHMENT.—In order to maximize the 

7 sustainable development impact of assistance authorized 

8 under this title, the President shall establish a monitoring 

9 system that meets the requirements of subsection (b). 

10 ‘‘(b) REQUIREMENTS.—The requirements referred to 

11 in subsection (a) are the following: 

12 ‘‘(1) The monitoring system establishes per13 formance goals for the assistance and expresses such 

14 goals in an objective and quantifiable form, to the 

15 extent feasible. 

16 ‘‘(2) The monitoring system establishes per17 formance indicators to be used in measuring or as18 sessing the achievement of the performance goals de19 scribed in paragraph (1). 

20 ‘‘(3) The monitoring system provides a basis for 

21 recommendations for adjustments to the assistance 

22 to enhance the impact of the assistance. 

23 ‘‘SEC. 250. REPORT. 

24 ‘‘(a) REPORT.—Not later than December 31, 2005, 

25 and each December 31 thereafter, the President shall 
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1 transmit to Congress a report that contains a detailed de2 scription of the implementation of this title for the pre3 vious fiscal year. 

4 ‘‘(b) CONTENTS.—The report shall contain the fol5 lowing information: 

6 ‘‘(1) For each grant, cooperative agreement, 

7 contract, contribution, or other form of assistance 

8 awarded or entered into under this title— 

9 ‘‘(A) the amount of the grant, cooperative 

10 agreement, contract, contribution, or other form 

11 of assistance, the name of each recipient and 

12 each developing country with respect to which 

13 projects or activities under the grant, coopera14 tive agreement, contract, contribution, or other 

15 form of assistance were carried out, and the ap16 proximate number of orphans and other vulner17 able children who received direct or indirect as18 sistance under the projects or activities; and 

19 ‘‘(B) the results of the monitoring system 

20 with respect to the grant, cooperative agree21 ment, contract, contribution, or other form of 

22 assistance. 

23 ‘‘(2) For each grant, cooperative agreement, 

24 contract, contribution, or other form of assistance 

25 awarded or entered into under any provision of law 
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1 other than this title for assistance for orphans and 

2 other vulnerable children in developing countries, the 

3 information described in paragraph (1)(A). 

4 ‘‘(3) Of the total amounts of assistance made 

5 available in each such fiscal year for orphans and 

6 other vulnerable children, the percentage of assist7 ance provided in support of orphans or other vulner8 able children affected by HIV/AIDS. 

9 ‘‘(4) Any other appropriate information relating 

10 to the needs of orphans and other vulnerable chil11 dren in developing countries that could be addressed 

12 through the provision of assistance under this title 

13 or under any other provision of law. 

14 ‘‘SEC. 251. AUTHORIZATION OF APPROPRIATIONS; ADDI15 TIONAL PROVISIONS. 

16 ‘‘(a) AUTHORIZATION OF APPROPRIATION.— 

17 ‘‘(1) IN GENERAL.—Of the amounts made 

18 available to carry out the provisions of law described 

19 in paragraph (2), there are authorized to be appro20 priated to the President to carry out this title such 

21 sums as may be necessary for each of the fiscal 

22 years 2005 and 2006. 

23 ‘‘(2) PROVISIONS OF LAW.—The provisions of 

24 law referred to in paragraph (1) are the following: 
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1 ‘‘(A) The United States Leadership 

2 Against HIV/AIDS, Tuberculosis, and Malaria 

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

4 amendments made by that Act. 

5 ‘‘(B) Any other provision of law under 

6 which assistance is authorized for orphans and 

7 other vulnerable children in developing coun8 tries. 

9 ‘‘(b) ADDITIONAL PROVISIONS.— 

10 ‘‘(1) AVAILABILITY.—Amounts appropriated 

11 pursuant to the authorization of appropriations 

12 under subsection (a) are authorized to remain avail13 able until expended and are in addition to amounts 

14 otherwise available for such purposes. 

15 ‘‘(2) MINIMUM FUNDING REQUIREMENT.—Not 

16 less than 60 percent of amounts appropriated pursu17 ant to the authorization of appropriations under 

18 subsection (a) for a fiscal year (other than amounts 

19 made available for assistance to eliminate school fees 

20 and other costs of education pursuant to section 

21 246) shall be provided through United States or in22 digenous private voluntary organizations that imple23 ment programs on the community level. Amounts 

24 provided by for-profit entities to not-for-profit enti25 ties from assistance under this title shall not be con-
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1 sidered for purposes of satisfying the requirement of 

2 this paragraph. 

3 ‘‘(3) ASSISTANCE UNDER OTHER PROVISIONS

4 OF LAW.— 

5 ‘‘(A) IN GENERAL.—Notwithstanding any 

6 other provision of law, amounts made available 

7 for assistance for orphans or other vulnerable 

8 children in developing countries under any pro9 vision of law other than this title may be pro10 vided to further the purposes of this title. 

11 ‘‘(B) REPORT.—To the extent assistance 

12 described in subparagraph (A) is provided in 

13 accordance with such subparagraph, the Presi14 dent shall include, as part of the report re15 quired under section 250, a detailed description 

16 of such assistance and, to the extent applicable, 

17 the information required by subsection 

18 (b)(1)(A) of such section with respect to such 

19 assistance. 

20 ‘‘(4) ADMINISTRATIVE EXPENSES.—Notwith21 standing any other provision of law, amounts made 

22 available for assistance for orphans or other vulner23 able children in developing countries under this title, 

24 or under any provision of law other than this title, 

25 may be made available for administrative expenses 
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1 incurred in carrying out this title for a fiscal year 

2 in an amount not to exceed 7 percent of amounts 

3 made available for such fiscal year for such purpose 

4 under this title, or under such other provision of 

5 law, as the case may be. 

6 ‘‘SEC. 252. DEFINITIONS. 

7 ‘‘In this title: 

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

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

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

11 persons who have not attained the age of 18. 

12 ‘‘(3) HIV.—The term ‘HIV’ has the meaning 

13 given the term in section 104A(g)(2) of this Act. 

14 ‘‘(4) HIV/AIDS.—The term ‘HIV/AIDS’ has 

15 the meaning given the term in section 104A(g)(3) of 

16 this Act. 

17 ‘‘(5) ORPHAN.—The term ‘orphan’ means a 

18 child deprived by death of one or both parents. 

19 ‘‘(6) PSYCHOSOCIAL SUPPORT.—The term ‘psy20 chosocial support’ includes care that addresses the 

21 ongoing psychological and social problems that affect 

22 individuals, their partners, families, and caregivers 

23 in order to alleviate suffering, strengthen social ties 

24 and integration, provide emotional support, and pro25 mote coping strategies. 
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1 ‘‘(7) VULNERABLE CHILDREN.—The term ‘vul2 nerable children’ includes children who are ne3 glected, destitute, abandoned, homeless, disabled, 

4 suffering from malnutrition, are sexually exploited or 

5 abused, or are displaced or otherwise adversely af6 fected by armed conflict.’’. 

Æ