108TH CONGRESS

2D SESSION H. R. 4061

AN ACT

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,
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1 SECTION 1. SHORT TITLE.

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

3 and Other Vulnerable Children in Developing Countries

4 Act of 2004’’.

5 SEC. 2. FINDINGS.

6 Congress finds the following:

7 (1)(A) According to estimates by the United

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

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

10 age of three.

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

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

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

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

15 die each day.

16 (2) According to a report developed by the

17 United Nations Joint Programme on HIV/AIDS

18 (UNAIDS), UNICEF, and the United States Agen19 cy for International Development, in 2001 there

20 were more than 110,000,000 orphans living in sub21 Saharan Africa, Asia, Latin America, and the Carib22 bean.

23 (3) Assessments carried out by the Inter24 national Labor Organization (ILO) to investigate

25 the situation of children who are working found that

26 orphans are much more likely than non-orphans to
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1 be working in commercial agriculture, the domestic

2 service industry, prostitution, as street vendors, or

3 in industries that violate internationally recognized

4 rights of children.

5 (4) Infants who are poor and malnourished are

6 more likely to contract respiratory infections, diar7 rhea, measles, and other preventable diseases, and

8 are less likely to receive needed health care.

9 (5) According to UNAIDS and UNICEF, by

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

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

12 both parents to AIDS.

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

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

15 Eastern Europe and Asia, the death rate from AIDS

16 among adults in those regions is expected to in17 crease. By 2010 the total number of children in

18 those regions who will lose one or both parents to

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

20 (7) One-third of children born from an HIV-in21 fected mother develop HIV/AIDS. Few of these chil22 dren have access to HIV/AIDS medications.

23 (8) Globally, more than 11,800,000 young peo24 ple ages 15 to 24 were living with HIV/AIDS in

25 2001, and each day another 6,000 young people be-
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1 came infected with HIV. New estimates indicate that

2 more than 70 percent of new HIV cases among this

3 age group in sub-Saharan Africa are young women

4 and girls.

5 (9) As their parents fall progressively sick from

6 HIV/AIDS, children generally must take on an in7 creasing number of responsibilities. Girls take re8 sponsibility for more household chores, often drop

9 out of school, and care for their parents.

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

11 infected with HIV often die at an earlier age. Indi12 viduals with HIV become increasingly weak and fa13 tigued, do not respond to drug treatment, and are

14 prone to other illnesses such as malnutrition and tu15 berculosis (TB).

16 (B) Hunger can also cause previously HIV-neg17 ative people to engage in high-risk survival strategies

18 that increase their chances of becoming infected with

19 HIV.

20 (11) Extreme poverty and hunger coupled with

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

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

23 streets, where the risk of HIV infection is extremely

24 high.
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1 (12)(A) A considerable number of United

2 States and indigenous private voluntary organiza3 tions, including faith-based organizations, provide

4 assistance to orphans and other vulnerable children

5 in developing countries, especially children affected

6 by HIV/AIDS.

7 (B) Many of these organizations have submitted

8 applications for grants from the United States Agen9 cy for International Development in order to provide

10 increased levels of assistance for orphans and other

11 vulnerable children in developing countries but in

12 most cases the Agency has not approved the applica13 tions.

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

15 Leadership Against HIV/AIDS, Tuberculosis, and

16 Malaria Act of 2003 (Public Law 108–25) estab17 lishes the requirement that for fiscal years 2006

18 through 2008, not less than 10 percent of amounts

19 appropriated for HIV/AIDS assistance for each such

20 fiscal year shall be expended for assistance for or21 phans and other vulnerable children affected by

22 HIV/AIDS.

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

24 108–25 requires that at least 50 percent of such

25 amounts shall be provided through non-profit, non-
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1 governmental organizations, including faith-based

2 organizations, that implement programs on the com3 munity level.

4 (14)(A) It is essential that the United States

5 Government adopt a comprehensive approach for the

6 provision of assistance to orphans and other vulner7 able children in developing countries.

8 (B) This comprehensive approach should ensure

9 that important services, such as basic care, treat10 ment for those children with HIV/AIDS, mental

11 health and related services for those children af12 fected by HIV/AIDS, school food programs, in13 creased educational opportunities and employment

14 training and related services, and the protection and

15 promotion of inheritance rights, are made more ac16 cessible.

17 (C) This comprehensive approach should also

18 ensure that government agencies and the private

19 sector coordinate efforts to prevent and eliminate

20 duplication of efforts and waste.

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

22 Government programs under which assistance is spe23 cifically authorized or otherwise available for or24 phans and vulnerable children in developing coun25 tries, the United States Agency for International
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1 Development will be required to develop innovative

2 methods for the conduct and monitoring of these

3 programs, including through the collection, analysis,

4 and reporting of information on the programs and

5 the extent to which such programs provide assist6 ance directly and indirectly to such children.

7 SEC. 3. PURPOSE.

8 The primary purpose of this Act, and the amend9 ments made by this Act, is to provide assistance to or10 phans and other vulnerable children, especially such chil11 dren affected by HIV/AIDS, and in particular, for such

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

13 the maximum extent practicable, such assistance shall be

14 provided for the direct benefit to such orphaned and vul15 nerable children.

16 SEC. 4. ASSISTANCE FOR ORPHANS AND OTHER VULNER17 ABLE CHILDREN IN DEVELOPING COUN18 TRIES.

19 Title V of chapter 2 of part I of the Foreign Assist20 ance Act of 1961 (22 U.S.C. 2201) is amended to read

21 as follows:
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1 ‘‘TITLE V—ASSISTANCE FOR OR2 PHANS AND OTHER VULNER3 ABLE CHILDREN

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

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

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

7 than 25,000,000 children worldwide.

8 ‘‘(2) Ongoing conflicts and civil wars in devel9 oping countries are adversely affecting children in

10 these countries, the vast majority of whom currently

11 do not receive humanitarian assistance or other sup12 port from the United States Government.

13 ‘‘(3) The United States Government currently

14 administers assistance programs for orphans and

15 other vulnerable children in developing countries.

16 When requested by the Committee on International

17 Relations of the House of Representatives to provide

18 information on the overall number of orphans and

19 other vulnerable children receiving assistance from

20 the United States Agency for International Develop21 ment in fiscal year 2002, the Agency was only able

22 to report on its HIV/AIDS assistance program,

23 under which the Agency provided assistance to

24 462,000 such orphans and other vulnerable children.
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1 ‘‘(4) The United States Government should in2 crease its efforts to provide assistance for orphans

3 and other vulnerable children in developing coun4 tries, especially those children affected by HIV/AIDS

5 or conflict.

6 ‘‘(5) The United States Agency for Inter7 national Development should establish improved ca8 pacity to deliver assistance to orphans and other vul9 nerable children in developing countries through

10 partnerships with private voluntary organizations,

11 including faith-based organizations.

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

13 International Development should be the primary

14 United States Government agency responsible for

15 identifying and assisting orphans and other vulner16 able children in developing countries.

17 ‘‘(b) DECLARATION OF POLICY.—Congress, recog18 nizing that prompt and appropriate action by the United

19 States to assist orphans and other vulnerable children in

20 developing countries is an important expression of the hu21 manitarian concern and tradition of the people of the

22 United States, affirms the willingness of the United States

23 to assist such orphans and other vulnerable children—

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

25 improving the health, nutritional, shelter, edu-
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1 cational, economic, and psychological status of or2 phans and other vulnerable children in such coun3 tries; and

4 ‘‘(2) by providing humanitarian and protection

5 assistance to such orphans and other vulnerable chil6 dren affected by conflict or civil strife.

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

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

9 ‘‘(1) The need for individuals and local organi10 zations in developing countries to assist households

11 headed by children is necessary due to the increase

12 in the number of such households. Millions of chil13 dren in these types of households lack basic care,

14 such as access to food and shelter.

15 ‘‘(2) Although families and extended families

16 serve as the primary providers of care for these chil17 dren, when these family care networks break down,

18 and when communities are responsible for raising

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

20 nurturing environment and remain connected to the

21 traditions and rituals of families and the community.

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

23 the ability of communities to provide basic care for

24 such children is limited. Assistance to support the

25 provision of such basic care is therefore necessary in
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1 and of itself and also to facilitate the provision of

2 other types of assistance for such children under this

3 title.

4 ‘‘(b) ASSISTANCE.—

5 ‘‘(1) IN GENERAL.—The President is author6 ized to provide assistance for programs in developing

7 countries to provide basic care for orphans and other

8 vulnerable children.

9 ‘‘(2) ACTIVITIES SUPPORTED.—Assistance pro10 vided under paragraph (1) should be used—

11 ‘‘(A) to support individuals and local orga12 nizations, including teachers, social workers,

13 and representatives from religious institutions

14 and nongovernmental organizations, to mobilize

15 their own resources through the strengthening

16 of community care coalitions, networks, or sup17 port groups to provide basic care for orphans

18 and other vulnerable children, including day

19 care, food assistance, protection assistance, and

20 home visits;

21 ‘‘(B) to increase the capacity of the com22 munity care groups described in subparagraph

23 (A) to meet on a regular basis to identify or24 phans and other vulnerable children and to fa25 cilitate the provision of services; and
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1 ‘‘(C) to ensure that the activities of com2 munity care groups described in subparagraph

3 (A) include appropriate monitoring and super4 vision components.

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

6 ‘protection assistance’ means all appropriate meas7 ures to promote the physical and psychological secu8 rity of an individual, provide equal access to basic

9 services for the individual, and safeguard the legal

10 and human rights and dignity of the individual.

11 ‘‘SEC. 243. ASSISTANCE TO PROVIDE TREATMENT TO OR12 PHANS AND OTHER VULNERABLE CHILDREN

13 WITH HIV/AIDS.

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

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

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

17 another 2,000 children under the age of 15 are in18 fected with HIV.

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

20 were at risk for infection with HIV through mother21 to-child transmission, which includes transmission at

22 any point during pregnancy, labor, delivery, or

23 breastfeeding.

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

25 worldwide are estimated to have died from AIDS,
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1 primarily contracted through mother-to-child trans2 mission. Every year, approximately 700,000 babies

3 are infected with HIV, of which the majority are liv4 ing in Africa.

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

6 leading cause of death among young children, ac7 counting for almost half of such deaths.

8 ‘‘(5) Research has shown conclusively that initi9 ation in a timely manner of antiretroviral therapy

10 for infants or young children with HIV/AIDS can

11 preserve or restore their immune functions, promote

12 normal growth and development, and prolong life.

13 ‘‘(6) Few international development programs

14 specifically target the treatment of children with

15 HIV/AIDS in developing countries. Reasons for this

16 include the perceived low priority of pediatric treat17 ment, a lack of pediatric health care professionals,

18 lack of expertise and experience in pediatric drug

19 dosing and monitoring, the perceived complexity of

20 pediatric treatment, and mistaken beliefs regarding

21 the risks and benefits of pediatric treatment.

22 ‘‘(b) ASSISTANCE.—

23 ‘‘(1) IN GENERAL.—The President is author24 ized to provide assistance for the treatment of or-
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1 phans and other vulnerable children with HIV/AIDS

2 in developing countries.

3 ‘‘(2) ACTIVITIES SUPPORTED.—Assistance pro4 vided under paragraph (1) should be used to carry

5 out the following activities:

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

7 vulnerable children with HIV/AIDS through the

8 provision of pharmaceuticals, including high9 quality, low-cost antiretrovirals and other thera10 pies, including generically manufactured phar11 maceuticals where appropriate.

12 ‘‘(B)(i) The recruitment and training of in13 dividuals to provide the treatment described in

14 subparagraph (A), including the recruitment

15 and training of appropriate support personnel.

16 ‘‘(ii) Such training should include appro17 priate methodologies relating to initial diag18 nosis, appropriate dosages of pharmaceuticals,

19 monitoring, medication adherence techniques,

20 treatment for any complications resulting from

21 such pharmaceuticals, and psychosocial support

22 for vulnerable children and their caregivers.

23 ‘‘(C) Activities of medical laboratories re24 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.

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

20 HIV/AIDS who are most vulnerable are those chil21 dren in households headed by children. In these

22 households, trained community volunteers can play a

23 major role through home visits.

24 ‘‘(5) In many African countries, religious lead25 ers are mobilizing individuals and local organizations
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1 within the community to identify and respond to the

2 psychosocial needs of those children affected by

3 AIDS.

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

5 provide assistance for programs in developing countries to

6 provide culturally appropriate mental health services and

7 psychosocial support for orphans and other vulnerable

8 children, and their caregivers.

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

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

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

12 children worldwide do not attend school, in part be13 cause of hunger and malnutrition, and the vast ma14 jority of these children are young girls.

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

16 rations, in developing countries provide strong incen17 tives for parents to send their children to school and

18 ensure that they continue with their education.

19 School food programs may reduce short-term hun20 ger, improve cognitive functions, and enhance learn21 ing, behavior, and achievement.

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

23 sub-Saharan Africa are underweight compared to

24 1994. Malnutrition enhances the risk that orphans

25 and other vulnerable children will be at risk for ill-
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1 ness and infections, especially if these children are

2 also infected with HIV.

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

4 HIV/AIDS in developing countries often leave the

5 workforce to care for those family members with

6 HIV/AIDS, which compounds the problem of access

7 to food for the family. Food consumption has been

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

9 families.

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

11 seek to meet the needs of children who are orphaned

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

13 and extended families continue to be the primary

14 providers of care and support for these children, and

15 they need direct assistance urgently.

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

17 States Agency for International Development, or18 phans and other vulnerable children relied on rel19 atives for food support 74 percent of the time and

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

21 ‘‘(b) ASSISTANCE.—

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

24 for orphans and vulnerable children in developing
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1 countries, especially in such countries heavily af2 fected by HIV/AIDS.

3 ‘‘(2) ACTIVITIES SUPPORTED.—Assistance pro4 vided under paragraph (1) should be used to pur5 chase local or regional foodstuffs, where appropriate,

6 for school food programs.

7 ‘‘SEC. 246. ASSISTANCE TO INCREASE EDUCATIONAL OP8 PORTUNITIES AND PROVIDE EMPLOYMENT

9 TRAINING.

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

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

12 affected by HIV/AIDS prevents many orphans and

13 other vulnerable children in developing countries

14 from attending school because of the requirement to

15 pay school fees and other costs of education.

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

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

18 caregivers to relatives with HIV/AIDS or assume

19 adult responsibilities for providing for the family.

20 Younger children who lose a parent also lose the op21 portunity to learn skills that they will need to sup22 port themselves as they grow older.

23 ‘‘(3) According to the International Labor Or24 ganization (ILO), approximately 250,000,000 chil25 dren and adolescents ages 5 to 14 in developing
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1 countries are working part-time and approximately

2 120,000,000 children and adolescents ages 5 to 14

3 in developing countries are working full-time.

4 ‘‘(4) In many regions of Africa and other devel5 oping countries, non-formal education plays an im6 portant role to provide children who are unable to

7 attend school with the employment and related life

8 skills training such children need to survive.

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

10 faith-based organizations, provide employment and

11 related life skills training for older children to better

12 prepare them to serve as caregivers for younger sib13 lings.

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

15 education can assist the thousands of children in de16 veloping countries who are not currently being as17 sisted by families or communities and are struggling

18 to survive.

19 ‘‘(b) ASSISTANCE.—

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

21 is authorized to provide assistance for programs in

22 developing countries to decrease barriers to public

23 primary school enrollment by eliminating school fees

24 and other costs of education, especially in developing
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1 countries heavily affected by HIV/AIDS. Amounts

2 made available to carry out this paragraph—

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

4 to the President for assistance or contributions

5 to nongovernmental organizations and inter6 national organizations to achieve the purposes

7 of this paragraph; and

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

9 ‘‘(2) EMPLOYMENT TRAINING ASSISTANCE.—

10 The President is authorized to provide assistance for

11 programs in developing countries to provide employ12 ment training and related services for orphans and

13 other vulnerable children who are of legal working

14 age, especially for programs in developing countries

15 heavily affected by HIV/AIDS.

16 ‘‘SEC. 247. ASSISTANCE TO PROTECT AND PROMOTE INHER17 ITANCE RIGHTS.

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

19 other vulnerable children in developing countries, particu20 larly children who are orphaned as a result of AIDS, are

21 routinely denied their inheritance or encounter difficulties

22 in claiming the land and other property which they have

23 inherited.

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

25 provide assistance in support of programs in developing
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1 countries to protect and promote the inheritance rights of

2 orphans and other vulnerable children, particularly young

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

4 ‘‘SEC. 248. ADMINISTRATION OF ASSISTANCE.

5 ‘‘(a) OFFICE FOR ORPHANS AND OTHER VULNER6 ABLE CHILDREN.—

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

8 within the United States Agency for International

9 Development an Office for Orphans and Other Vul10 nerable Children (hereafter in this title referred to

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

12 who shall be appointed by the Administrator of the

13 Agency.

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

15 for carrying out this title.

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

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

18 shall be responsible for reviewing or approving all applica19 tions submitted to the United States Agency for Inter20 national Development for assistance under this title, in21 cluding applications submitted to field missions of the

22 Agency.

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

24 title, priority should be given to assistance for developing

25 countries in which the rate of HIV infection, as reported
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1 in the most recent epidemiological data for that country

2 compiled by the United Nations Joint Programme on

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

4 attending prenatal clinics or more than 15 percent among

5 individuals in groups with high-risk behavior.

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

7 title shall be provided in the form of—

8 ‘‘(1) grants, cooperative agreements, or con9 tracts;

10 ‘‘(2) contributions to international organiza11 tions; or

12 ‘‘(3) assistance to the governments of devel13 oping countries.

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

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

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

17 undertaken in accordance with section 104A of this Act

18 and assistance relating to HIV/AIDS authorized under the

19 United States Leadership Against HIV/AIDS, Tuber20 culosis, and Malaria Act of 2003 (Public Law 108–25),

21 including section 102 of such Act concerning the coordina22 tion of HIV/AIDS programs.

23 ‘‘(f) OTHER ASSISTANCE.—
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1 ‘‘(1) REVIEW OR APPROVAL OF OTHER USAID

2 ASSISTANCE.—The Director of the Office shall be re3 sponsible for reviewing or approving—

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

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

6 States Agency for International Development as

7 the component relates to assistance for orphans

8 or other vulnerable children in developing coun9 tries; and

10 ‘‘(B) each program, project, or activity re11 lating to such assistance.

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

13 ASSISTANCE.—The Director of the Office shall be re14 sponsible for ensuring coordination of all United

15 States Government programs to provide assistance

16 for orphans and other vulnerable children in devel17 oping countries.

18 ‘‘SEC. 249. MONITORING SYSTEM.

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

20 sustainable development impact of assistance authorized

21 under this title, the President shall establish a monitoring

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

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

24 in subsection (a) are the following:
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1 ‘‘(1) The monitoring system establishes per2 formance goals for the assistance and expresses such

3 goals in an objective and quantifiable form, to the

4 extent feasible.

5 ‘‘(2) The monitoring system establishes per6 formance indicators to be used in measuring or as7 sessing the achievement of the performance goals de8 scribed in paragraph (1).

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

10 recommendations for adjustments to the assistance

11 to enhance the impact of the assistance.

12 ‘‘SEC. 250. REPORT.

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

14 and each December 31 thereafter, the President shall

15 transmit to Congress a report that contains a detailed de16 scription of the implementation of this title for the pre17 vious fiscal year.

18 ‘‘(b) CONTENTS.—The report shall contain the fol19 lowing information:

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

21 contract, contribution, or other form of assistance

22 awarded or entered into under this title—

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

24 agreement, contract, contribution, or other form

25 of assistance, the name of each recipient and
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1 each developing country with respect to which

2 projects or activities under the grant, coopera3 tive agreement, contract, contribution, or other

4 form of assistance were carried out, and the ap5 proximate number of orphans and other vulner6 able children who received direct or indirect as7 sistance under the projects or activities; and

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

9 with respect to the grant, cooperative agree10 ment, contract, contribution, or other form of

11 assistance.

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

13 contract, contribution, or other form of assistance

14 awarded or entered into under any provision of law

15 other than this title for assistance for orphans and

16 other vulnerable children in developing countries, the

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

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

19 available in each such fiscal year for orphans and

20 other vulnerable children, the percentage of assist21 ance provided in support of orphans or other vulner22 able children affected by HIV/AIDS.

23 ‘‘(4) Any other appropriate information relating

24 to the needs of orphans and other vulnerable chil25 dren in developing countries that could be addressed
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1 through the provision of assistance under this title

2 or under any other provision of law.

3 ‘‘SEC. 251. AUTHORIZATION OF APPROPRIATIONS; ADDI4 TIONAL PROVISIONS.

5 ‘‘(a) AUTHORIZATION OF APPROPRIATION.—

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

7 available to carry out the provisions of law described

8 in paragraph (2), there are authorized to be appro9 priated to the President to carry out this title such

10 sums as may be necessary for each of the fiscal

11 years 2005 and 2006.

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

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

14 ‘‘(A) The United States Leadership

15 Against HIV/AIDS, Tuberculosis, and Malaria

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

17 amendments made by that Act.

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

19 which assistance is authorized for orphans and

20 other vulnerable children in developing coun21 tries.

22 ‘‘(b) ADDITIONAL PROVISIONS.—

23 ‘‘(1) AVAILABILITY.—Amounts appropriated

24 pursuant to the authorization of appropriations

25 under subsection (a) are authorized to remain avail-
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1 able until expended and are in addition to amounts

2 otherwise available for such purposes.

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

4 less than 60 percent of amounts appropriated pursu5 ant to the authorization of appropriations under

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

7 made available for assistance to eliminate school fees

8 and other costs of education pursuant to section

9 246) shall be provided through United States or in10 digenous private voluntary organizations that imple11 ment programs on the community level. Amounts

12 provided by for-profit entities to not-for-profit enti13 ties from assistance under this title shall not be con14 sidered for purposes of satisfying the requirement of

15 this paragraph.

16 ‘‘(3) ASSISTANCE UNDER OTHER PROVISIONS

17 OF LAW.—

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

19 other provision of law, amounts made available

20 for assistance for orphans or other vulnerable

21 children in developing countries under any pro22 vision of law other than this title may be pro23 vided to further the purposes of this title.

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

25 described in subparagraph (A) is provided in
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1 accordance with such subparagraph, the Presi2 dent shall include, as part of the report re3 quired under section 250, a detailed description

4 of such assistance and, to the extent applicable,

5 the information required by subsection

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

7 assistance.

8 ‘‘(4) ADMINISTRATIVE EXPENSES.—Notwith9 standing any other provision of law, amounts made

10 available for assistance for orphans or other vulner11 able children in developing countries under this title,

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

13 may be made available for administrative expenses

14 incurred in carrying out this title for a fiscal year

15 in an amount not to exceed 7 percent of amounts

16 made available for such fiscal year for such purpose

17 under this title, or under such other provision of

18 law, as the case may be.

19 ‘‘SEC. 252. DEFINITIONS.

20 ‘‘In this title:

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

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

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

24 persons who have not attained the age of 18.
29

•HR 4061 EH

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

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

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

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

5 this Act.

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

7 child deprived by death of one or both parents.

8 ‘‘(6) PSYCHOSOCIAL SUPPORT.—The term ‘psy9 chosocial support’ includes care that addresses the

10 ongoing psychological and social problems that affect

11 individuals, their partners, families, and caregivers

12 in order to alleviate suffering, strengthen social ties

13 and integration, provide emotional support, and pro14 mote coping strategies.

15 ‘‘(7) VULNERABLE CHILDREN.—The term ‘vul16 nerable children’ includes children who are ne17 glected, destitute, abandoned, homeless, disabled,

18 suffering from malnutrition, are sexually exploited or

19 abused, or are displaced or otherwise adversely af20 fected by armed conflict.’’.

Passed the House of Representatives June 14, 2004.

Attest:

Clerk.

108TH CONGRESS

2D SESSION H. R. 4061

AN ACT

To amend the Foreign Assistance Act of 1961 to

able children in developing countries.provide assistance for orphans and other vulner-