I 

108TH CONGRESS 

2D SESSION H. R. 4061 

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

orphans and other vulnerable children in developing countries. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 30, 2004 

Ms. LEE (for herself, Mr. ROHRABACHER, Mr. LANTOS, Mr. HYDE, Ms. 

MCCOLLUM, and Mr. LEACH) introduced the following bill; which was referred to the Committee on International 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 AND DECLARATIONS OF POLICY. 

8 Congress finds and declares 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, the commercial sex industry, as 

23 street vendors, or in industries that violate inter24 nationally recognized 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 UNAIDS and UNICEF, by the 

6 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 strate14 gies, such as work in the commercial sex industry, 

15 that increase their chances of becoming infected with 

16 HIV. 

17 (11) Extreme poverty and hunger coupled with 

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

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

20 streets, where the risk of HIV infection is extremely 

21 high. 

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

23 States and indigenous private voluntary organiza24 tions, including faith-based organizations, provide 

25 relatively modest amounts of assistance to orphans 
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1 and other vulnerable children in developing coun2 tries, especially children affected 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 
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1 programs, including through the collection, analysis, 

2 and reporting of information on the programs. 

3 SEC. 3. ASSISTANCE FOR ORPHANS AND OTHER VULNER4 ABLE CHILDREN IN DEVELOPING COUN5 TRIES. 

6 Title V of chapter 2 of part I of the Foreign Assist7 ance Act of 1961 (22 U.S.C. 2201) is amended to read 

8 as follows: 

9 ‘‘TITLE V—ASSISTANCE FOR OR10 PHANS AND OTHER VULNER11 ABLE CHILDREN 

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

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

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

15 than 25,000,000 children worldwide. 

16 ‘‘(2) Ongoing conflicts and civil wars in devel17 oping countries are adversely affecting children in 

18 these countries, the vast majority of whom currently 

19 do not receive humanitarian assistance or other sup20 port from the United States Government. 

21 ‘‘(3) Although the United States Government 

22 currently administers assistance programs for or23 phans and other vulnerable children in developing 

24 countries, for fiscal year 2002 the United States 

25 Agency for International Development reported that 
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1 the United States Government provided assistance 

2 to only 462,000 such orphans and other vulnerable 

3 children, or less than one-half of one percent of the 

4 estimated 108,000,000 total number of such or5 phans and other vulnerable children. 

6 ‘‘(4) The United States Government should in7 crease its efforts to provide assistance for orphans 

8 and other vulnerable children in developing coun9 tries, especially those children affected by HIV/AIDS 

10 or conflict. 

11 ‘‘(5) The United States Agency for Inter12 national Development should establish improved ca13 pacity to deliver assistance to orphans and other vul14 nerable children in developing countries through 

15 partnerships with private voluntary organizations, 

16 including faith-based organizations. 

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

18 International Development should be the primary 

19 United States Government agency responsible for 

20 identifying and assisting orphans and other vulner21 able children in developing countries. 

22 ‘‘(b) DECLARATION OF POLICY.—Congress, recog23 nizing that prompt and appropriate action by the United 

24 States to assist orphans and other vulnerable children in 

25 developing countries is an important expression of the hu-
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1 manitarian concern and tradition of the people of the 

2 United States, affirms the willingness of the United States 

3 to assist such orphans and other vulnerable children— 

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

5 improving the health, nutritional, shelter, edu6 cational, economic, and psychological status of or7 phans and other vulnerable children in such coun8 tries; and 

9 ‘‘(2) by providing humanitarian and protection 

10 assistance to such orphans and other vulnerable chil11 dren affected by conflict or civil strife. 

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

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

14 ‘‘(1) The need for individuals and local organi15 zations in developing countries to assist households 

16 headed by children is necessary due to the increase 

17 in the number of such households. Millions of chil18 dren in these types of households lack basic care, 

19 such as access to food and shelter. 

20 ‘‘(2) When communities are responsible for 

21 raising orphans, these children are cared for in a 

22 rich and nurturing environment and remain con23 nected to the traditions and rituals of families and 

24 the community. 
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1 ‘‘(3) As the number of these children increases, 

2 the ability of communities to provide basic care for 

3 such children is limited. Assistance to support the 

4 provision of such basic care is therefore necessary in 

5 and of itself and also to facilitate the provision of 

6 other types of assistance for such children under this 

7 title. 

8 ‘‘(b) ASSISTANCE.— 

9 ‘‘(1) IN GENERAL.—The President is author10 ized to provide assistance for programs in developing 

11 countries to provide basic care for orphans and other 

12 vulnerable children. 

13 ‘‘(2) ACTIVITIES SUPPORTED.—Assistance pro14 vided under paragraph (1) should be used— 

15 ‘‘(A) to support individuals and local orga16 nizations, including teachers, social workers, 

17 and representatives from religious institutions 

18 and nongovernmental organizations, to mobilize 

19 their own resources through the establishment 

20 of ‘community care councils’ to provide basic 

21 care for orphans and other vulnerable children, 

22 including day care, food assistance, protection 

23 assistance, and home visits; 

24 ‘‘(B) to increase the capacity of community 

25 care councils described in subparagraph (A) to 
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1 meet on a regular basis to identify orphans and 

2 other vulnerable children and to facilitate the 

3 provision of services; and 

4 ‘‘(C) to establish and operate centers in 

5 such communities to provide basic care de6 scribed in subparagraph (A). 

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

8 ‘protection assistance’ means all appropriate meas9 ures to promote the physical and psychological secu10 rity of an individual, provide equal access to basic 

11 services for the individual, and safeguard the legal 

12 and human rights and dignity of the individual. 

13 ‘‘SEC. 243. ASSISTANCE TO PROVIDE TREATMENT TO OR14 PHANS AND OTHER VULNERABLE CHILDREN 

15 WITH HIV/AIDS. 

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

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

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

19 another 2,000 children under the age of 15 are in20 fected with HIV. 

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

22 were at risk for infection with HIV through mother23 to-child transmission, which includes transmission at 

24 any point during pregnancy, labor, delivery, or 

25 breastfeeding. 
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1 ‘‘(3) To date, more than 4,000,000 children 

2 worldwide are estimated to have died from AIDS, 

3 primarily contracted through mother-to-child trans4 mission. Every year, approximately 700,000 babies 

5 are infected with HIV, of which the majority are liv6 ing in Africa. 

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

8 leading cause of death among young children, ac9 counting for almost half of such deaths. 

10 ‘‘(5) Research has shown conclusively that initi11 ation in a timely manner of antiretroviral therapy 

12 for infants or young children with HIV/AIDS can 

13 preserve or restore their immune functions, promote 

14 normal growth and development, and prolong life. 

15 ‘‘(6) Few international development programs 

16 specifically target the treatment of children with 

17 HIV/AIDS in developing countries. Reasons for this 

18 include the perceived low priority of pediatric treat19 ment, a lack of pediatric health care professionals, 

20 lack of expertise and experience in pediatric drug 

21 dosing and monitoring, the perceived complexity of 

22 pediatric treatment, and mistaken beliefs regarding 

23 the risks and benefits of pediatric treatment. 

24 ‘‘(b) ASSISTANCE.— 
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1 ‘‘(1) IN GENERAL.—The President is author2 ized to provide assistance for the treatment of or3 phans and other vulnerable children with HIV/AIDS 

4 in developing countries. 

5 ‘‘(2) ACTIVITIES SUPPORTED.—Assistance pro6 vided under paragraph (1) should be used to carry 

7 out the following activities: 

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

9 vulnerable children with HIV/AIDS through the 

10 provision of pharmaceuticals, including high11 quality, low-cost antiretrovirals and other thera12 pies, including generically manufactured phar13 maceuticals where appropriate. 

14 ‘‘(B)(i) The recruitment and training of in15 dividuals to provide the treatment described in 

16 subparagraph (A), including the recruitment 

17 and training of appropriate support personnel. 

18 ‘‘(ii) Such training should include appro19 priate methodologies relating to initial diag20 nosis, appropriate dosages of pharmaceuticals, 

21 monitoring, medication adherence techniques, 

22 and treatment for any complications resulting 

23 from such pharmaceuticals. 

24 ‘‘(C) Activities of medical laboratories re25 lating to the treatment described in subpara-
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1 graph (A), including assistance for the purchase 

2 of necessary equipment. 

3 ‘‘SEC. 244. ASSISTANCE TO PROVIDE PSYCHOSOCIAL SUP4 PORT TO ORPHANS AND OTHER VULNER5 ABLE CHILDREN AFFECTED BY HIV/AIDS. 

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

7 ‘‘(1) Many children who are orphaned as a re8 sult of AIDS blame themselves for the death of a 

9 parent and many children are separated from sib10 lings, sometimes for life. 

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

12 a parent as a result of AIDS can trigger behavior 

13 problems of aggression or emotional withdrawal and 

14 negatively affect a child’s performance in school and 

15 the child’s social relations. 

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

17 HIV/AIDS are often stigmatized, teased, and ostra18 cized by peers. In Uganda, some children who are 

19 orphaned as a result of AIDS are called ‘walking 

20 corpses’ and discouraged from attending school. 

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

22 HIV/AIDS who are most vulnerable are those chil23 dren in households headed by children. In these 

24 households, trained community volunteers can play a 

25 major role through home visits. 
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1 ‘‘(5) In many African countries, religious lead2 ers are mobilizing individuals and local organizations 

3 within the community to identify and respond to the 

4 psychosocial needs of those children affected by 

5 AIDS. 

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

7 provide assistance for programs in developing countries to 

8 provide mental health treatment and related services to 

9 orphans and other vulnerable children affected by HIV/ 

10 AIDS. 

11 ‘‘SEC. 245. ASSISTANCE FOR SCHOOL FOOD PROGRAMS. 

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

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

14 children worldwide do not attend school, in part be15 cause of hunger and malnutrition, and the vast ma16 jority of these children are young girls. 

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

18 rations, in developing countries provide strong incen19 tives for parents to send their children to school and 

20 ensure that they continue with their education. 

21 School food programs may reduce short-term hun22 ger, improve cognitive functions, and enhance learn23 ing, behavior, and achievement. 

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

25 sub-Saharan Africa are underweight compared to 
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1 1994. Malnutrition enhances the risk that orphans 

2 and other vulnerable children will be at risk for ill3 ness and infections, especially if these children are 

4 also infected with HIV. 

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

6 HIV/AIDS in developing countries often leave the 

7 workforce to care for those family members with 

8 HIV/AIDS, which compounds the problem of access 

9 to food for the family. Food consumption has been 

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

11 families. 

12 ‘‘(5)(A) Although a number of organizations 

13 seek to meet the needs of children who are orphaned 

14 or vulnerable as a result of HIV/AIDS, local commu15 nities continue to be the primary providers of sup16 port for these children. 

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

18 States Agency for International Development, or19 phans and other vulnerable children relied on rel20 atives for food support 74 percent of the time and 

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

22 ‘‘(b) ASSISTANCE.— 

23 ‘‘(1) IN GENERAL.—The President is author24 ized to provide assistance for school food programs 

25 in developing countries. 
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1 ‘‘(2) ACTIVITIES SUPPORTED.—Assistance pro2 vided under paragraph (1) should be used to pur3 chase local or regional foodstuffs, where appropriate, 

4 for school food programs. 

5 ‘‘SEC. 246. ASSISTANCE TO INCREASE EDUCATIONAL OP6 PORTUNITIES AND PROVIDE EMPLOYMENT 

7 TRAINING. 

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

9 ‘‘(1) The lack of financial resources in families 

10 affected by HIV/AIDS prevents many orphans and 

11 other vulnerable children in developing countries 

12 from attending school because of the requirement to 

13 pay school fees and other costs of education. 

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

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

16 caregivers to relatives with HIV/AIDS or assume 

17 adult responsibilities for providing for the family. 

18 Younger children who lose a parent also lose the op19 portunity to learn skills that they will need to sup20 port themselves as they grow older. 

21 ‘‘(3) According to the International Labor Or22 ganization (ILO), approximately 250,000,000 chil23 dren and adolescents ages 5 to 14 in developing 

24 countries are working part-time and approximately 
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1 120,000,000 children and adolescents ages 5 to 14 

2 in developing countries are working full-time. 

3 ‘‘(4) In many regions of Africa and other devel4 oping countries, non-formal education plays an im5 portant role to provide children who are unable to 

6 attend school with the employment and related life 

7 skills training such children need to survive. 

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

9 faith-based organizations, provide employment and 

10 related life skills training for older children to better 

11 prepare them to serve as caregivers for younger sib12 lings. 

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

14 education can assist the thousands of children in de15 veloping countries who are not currently being as16 sisted by families or communities and are struggling 

17 to survive. 

18 ‘‘(b) ASSISTANCE.— 

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

20 is authorized to provide assistance for programs in 

21 developing countries to increase enrollment in public 

22 primary schools by eliminating school fees and other 

23 costs of education, especially in developing countries 

24 heavily affected by HIV/AIDS. Amounts made avail25 able to carry out this paragraph are authorized to 
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1 be made available to the President to make vol2 untary contributions to the United Nations Chil3 dren’s Fund to achieve the purposes of this para4 graph. 

5 ‘‘(2) EMPLOYMENT TRAINING ASSISTANCE.— 

6 The President is authorized to provide assistance for 

7 programs in developing countries to provide employ8 ment training and related services for orphans and 

9 other vulnerable children, especially in developing 

10 countries heavily affected by HIV/AIDS. 

11 ‘‘SEC. 247. ASSISTANCE TO PROTECT AND PROMOTE INHER12 ITANCE RIGHTS. 

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

14 other vulnerable children in developing countries, particu15 larly children who are orphaned as a result of AIDS, are 

16 routinely denied their inheritance or encounter difficulties 

17 in claiming the land and other property which they have 

18 inherited. 

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

20 provide assistance in support of programs in developing 

21 countries to protect and promote the inheritance rights of 

22 orphans and other vulnerable children, particularly young 

23 girls and children who are orphaned as a result of AIDS. 
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1 ‘‘SEC. 248. ADMINISTRATION OF ASSISTANCE. 

2 ‘‘(a) OFFICE FOR ORPHANS AND OTHER VULNER3 ABLE CHILDREN.— 

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

5 within the United States Agency for International 

6 Development an Office for Orphans and Other Vul7 nerable Children (hereafter in this title referred to 

8 as the ‘Office’), which shall be headed by a Director 

9 who shall be appointed by the Administrator of the 

10 Agency. 

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

12 for carrying out this title. 

13 ‘‘(b) APPROVAL OF APPLICATIONS.—The Director of 

14 the Office shall be responsible for reviewing or approving 

15 all applications submitted to the United States Agency for 

16 International Development for assistance under this title, 

17 including applications submitted to field missions of the 

18 Agency. 

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

20 title, priority should be given to assistance for developing 

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

22 in the most recent epidemiological data for that country 

23 compiled by the United Nations Joint Programme on 

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

25 attending prenatal clinics or more than 15 percent among 

26 individuals in groups with high-risk behavior. 
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1 ‘‘(d) FORM OF ASSISTANCE.—Assistance under this 

2 title shall be provided in the form of— 

3 ‘‘(1) grants, cooperative agreements, or con4 tracts; 

5 ‘‘(2) contributions to international organiza6 tions; or 

7 ‘‘(3) assistance to the governments of devel8 oping countries. 

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

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

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

12 undertaken in a manner that is consistent with assistance 

13 authorized under section 104A of this Act and assistance 

14 relating to HIV/AIDS authorized under the United States 

15 Leadership Against HIV/AIDS, Tuberculosis, and Malaria 

16 Act of 2003 (Public Law 108–25). 

17 ‘‘(f) OTHER ASSISTANCE.— 

18 ‘‘(1) REVIEW AND APPROVAL OF OTHER USAID

19 ASSISTANCE.—The Director of the Office shall be re20 sponsible for reviewing or approving— 

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

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

23 States Agency for International Development as 

24 the component relates to assistance for orphans 
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1 and other vulnerable children in developing 

2 countries; and 

3 ‘‘(B) each program, project, or activity re4 lating to such assistance. 

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

6 ASSISTANCE.—The Director of the Office shall be re7 sponsible for ensuring coordination of all United 

8 States Government programs to provide assistance 

9 for orphans and other vulnerable children in devel10 oping countries. 

11 ‘‘SEC. 249. MONITORING SYSTEM. 

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

13 sustainable development impact of assistance authorized 

14 under this title, the President shall establish a monitoring 

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

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

17 in subsection (a) are the following: 

18 ‘‘(1) The monitoring system establishes per19 formance goals for the assistance and expresses such 

20 goals in an objective and quantifiable form, to the 

21 extent feasible. 

22 ‘‘(2) The monitoring system establishes per23 formance indicators to be used in measuring or as24 sessing the achievement of the performance goals de25 scribed in paragraph (1). 
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1 ‘‘(3) The monitoring system provides a basis for 

2 recommendations for adjustments to the assistance 

3 to enhance the impact of the assistance. 

4 ‘‘SEC. 250. REPORT. 

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

6 and each December 31 thereafter, the President shall 

7 transmit to Congress a report that contains a detailed de8 scription of the implementation of this title for the pre9 vious fiscal year. 

10 ‘‘(b) CONTENTS.—The report shall contain the fol11 lowing information: 

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

13 contract, contribution, or other form of assistance 

14 awarded or entered into under this title— 

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

16 agreement, contract, contribution, or other form 

17 of assistance, the name of each recipient and 

18 each developing country with respect to which 

19 projects or activities under the grant, coopera20 tive agreement, contract, contribution, or other 

21 form of assistance were carried out, and the ap22 proximate number of orphans and other vulner23 able children who received assistance under the 

24 projects or activities; and 
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1 ‘‘(B) the results of the monitoring system 

2 with respect to the grant, cooperative agree3 ment, contract, contribution, or other form of 

4 assistance. 

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

6 contract, contribution, or other form of assistance 

7 awarded or entered into under any provision of law 

8 other than this title for assistance for orphans and 

9 other vulnerable children in developing countries, the 

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

11 ‘‘(3) Any other appropriate information relating 

12 to the needs of orphans and other vulnerable chil13 dren in developing countries that could be addressed 

14 through the provision of assistance under this title 

15 or under any other provision of law. 

16 ‘‘SEC. 251. AUTHORIZATION OF APPROPRIATIONS; ADDI17 TIONAL PROVISIONS. 

18 ‘‘(a) AUTHORIZATION OF APPROPRIATION.— 

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

20 available to carry out the provisions of law described 

21 in paragraph (2), there are authorized to be appro22 priated to the President to carry out this title such 

23 sums as may be necessary for each of the fiscal 

24 years 2005 and 2006. 
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1 ‘‘(2) PROVISIONS OF LAW.—The provisions of 

2 law referred to in paragraph (1) are the following: 

3 ‘‘(A) The United States Leadership 

4 Against HIV/AIDS, Tuberculosis, and Malaria 

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

6 amendments made by that Act. 

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

8 which assistance is authorized for orphans and 

9 other vulnerable children in developing coun10 tries. 

11 ‘‘(b) ADDITIONAL PROVISIONS.— 

12 ‘‘(1) AVAILABILITY.—Amounts appropriated 

13 pursuant to the authorization of appropriations 

14 under subsection (a) are authorized to remain avail15 able until expended and are in addition to amounts 

16 otherwise available for such purposes. 

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

18 less than 60 percent of amounts appropriated pursu19 ant to the authorization of appropriations under 

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

21 made available for assistance to eliminate school fees 

22 and other costs of education pursuant to section 

23 246) shall be provided through United States or in24 digenous private voluntary organizations that imple25 ment programs on the community level. Amounts 
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1 provided by for-profit entities to not-for-profit enti2 ties from assistance under this title shall not be con3 sidered for purposes of satisfying the requirement of 

4 this paragraph. 

5 ‘‘(3) ASSISTANCE UNDER OTHER PROVISIONS

6 OF LAW.— 

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

8 other provision of law, amounts made available 

9 for assistance for orphans or other vulnerable 

10 children in developing countries under any pro11 vision of law other than this title may be pro12 vided to further the purposes of this title. 

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

14 described in subparagraph (A) is provided in 

15 accordance with such subparagraph, the Presi16 dent shall include, as part of the report re17 quired under section 250, a detailed description 

18 of such assistance and, to the extent applicable, 

19 the information required by subsection 

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

21 assistance. 

22 ‘‘SEC. 252. DEFINITIONS. 

23 ‘‘In this title: 

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

25 given the term in section 104A(g)(1) of this Act. 
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1 ‘‘(2) CHILDREN.—The term ‘children’ means 

2 persons who have not attained the age of 18. 

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

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

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

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

7 this Act. 

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

9 child deprived by death of one or both parents. 

10 ‘‘(6) VULNERABLE CHILDREN.—The term ‘vul11 nerable children’ includes children who are ne12 glected, destitute, abandoned, homeless, disabled, 

13 suffering from malnutrition, are sexually exploited or 

14 abused, or are displaced or otherwise adversely af15 fected by armed conflict.’’. 

Æ