IB 
Union Calendar No. 272
108TH CONGRESS 
2D SESSION 
H. R. 4061
[Report No. 108–479] 
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 re-
ferred to the Committee on International Relations 
MAY 5, 2004
Additional sponsors: Mr. PAYNE, Mr. LAMPSON, Mr. KILDEE, Mr. 
MCDERMOTT, 
Ms. 
WATSON, 
Mr. 
CONYERS, 
Mr. 
RUSH, 
Mrs. 
CHRISTENSEN, Mr. FALEOMAVAEGA, Mr. RODRIGUEZ, Ms. CORRINE 
BROWN of Florida, Mr. ANDREWS, Mr. BROWN of Ohio, Ms. EDDIE BER-
NICE JOHNSON of Texas, Mr. TOWNS, Mrs. NAPOLITANO, Ms. JACKSON-
LEE of Texas, Mr. SMITH of Washington, Ms. WATERS, Mr. HOUGHTON, 
Mr. BRADY of Pennsylvania, Ms. MILLENDER-MCDONALD, Ms. HARRIS, 
Mr. HONDA, Mr. HASTINGS of Florida, Mr. GREENWOOD, Mr. HOEFFEL, 
Mr. MCGOVERN, Mr. DOGGETT, Mr. GEORGE MILLER of California, Mr. 
MEEK of Florida, Mr. FILNER, Mr. DICKS, Mr. OWENS, Mr. BURTON of 
Indiana, Mr. MCCOTTER, Mr. BEREUTER, Mr. GREEN of Wisconsin, Mr. 
MORAN of Virginia, Mr. SIMMONS, Mr. TANCREDO, Mr. SANDERS, Mr. 
KUCINICH, Mr. PUTNAM, Ms. CARSON of Indiana, Mr. WELLER, Mr. 
SHIMKUS, Ms. SCHAKOWSKY, Mr. STARK, Mr. RAMSTAD, Mr. WOLF, Mr. 
BELL, Mr. LINCOLN DIAZ-BALART of Florida, Mr. EHLERS, Mr. PENCE, 
Ms. KAPTUR, Mr. WYNN, Mr. RANGEL, Mr. SMITH of New Jersey, Mr. 
WHITFIELD, Mrs. BONO, Mr. WAXMAN, Mr. KING of New York, Mr. 
SULLIVAN, Ms. NORTON, Mr. GRIJALVA, Mr. WAMP, Ms. ROS-LEHTINEN, 
Mrs. BIGGERT, Mr. ACKERMAN, Mrs. JONES of Ohio, Ms. WOOLSEY, Ms. 
MCCARTHY of Missouri, Mr. SABO, Mr. MEEKS of New York, Mr. MCIN-
TYRE, Mr. MCHUGH, Mr. GALLEGLY, Mr. CUMMINGS, and Ms. DELAURO
MAY 5, 2004
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
A BILL 
To amend the Foreign Assistance Act of 1961 to provide 
assistance for orphans and other vulnerable children in 
developing countries.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Assistance for Orphans 
and Other Vulnerable Children in Developing Countries 
Act of 2004’’. 
SEC. 2. FINDINGS AND DECLARATIONS OF POLICY. 
Congress finds and declares the following: 
(1)(A) According to estimates by the United 
Nations Children’s Fund (UNICEF), there are more 
than 132,000,000 children in the world under the 
age of three. 
(B) Of these children, 4,000,000 will die in 
their first month of life and another 7,000,000 will 
die each year before reaching the age of five. Thus 
an average of 30,000 children under the age of three 
die each day.
(2) According to a report developed by the 
United Nations Joint Programme on HIV/AIDS 
(UNAIDS), UNICEF, and the United States Agen-
cy for International Development, in 2001 there 
were more than 110,000,000 orphans living in sub-
Saharan Africa, Asia, Latin America, and the Carib-
bean. 
(3) Assessments carried out by the Inter-
national Labor Organization (ILO) to investigate 
the situation of children who are working found that 
orphans are much more likely than non-orphans to 
be working in commercial agriculture, the domestic 
service industry, the commercial sex industry, as 
street vendors, or in industries that violate inter-
nationally recognized rights of children. 
(4) Infants who are poor and malnourished are 
more likely to contract respiratory infections, diar-
rhea, measles, and other preventable diseases, and 
are less likely to receive needed health care. 
(5) According to UNAIDS and UNICEF, by 
the end of 2001 there were an estimated 14,000,000 
children under the age of 15 who had lost one or 
both parents to AIDS. 
(6) As the number of HIV cases increases in 
sub-Saharan Africa and the Caribbean, as well as in
Eastern Europe and Asia, the death rate from AIDS 
among adults in those regions is expected to in-
crease. By 2010 the total number of children in 
those regions who will lose one or both parents to 
AIDS is expected to be approximately 30,000,000. 
(7) One-third of children born from an HIV-in-
fected mother develop HIV/AIDS. Few of these chil-
dren have access to HIV/AIDS medications. 
(8) Globally, more than 11,800,000 young peo-
ple ages 15 to 24 were living with HIV/AIDS in 
2001, and each day another 6,000 young people be-
came infected with HIV. New estimates indicate that 
more than 70 percent of new HIV cases among this 
age group in sub-Saharan Africa are young women 
and girls. 
(9) As their parents fall progressively sick from 
HIV/AIDS, children generally must take on an in-
creasing number of responsibilities. Girls take re-
sponsibility for more household chores, often drop 
out of school, and care for their parents. 
(10)(A) Without an adequate diet, individuals 
infected with HIV often die at an earlier age. Indi-
viduals with HIV become increasingly weak and fa-
tigued, do not respond to drug treatment, and are
prone to other illnesses such as malnutrition and tu-
berculosis (TB). 
(B) Hunger can also cause previously HIV-neg-
ative people to engage in high-risk survival strate-
gies, such as work in the commercial sex industry, 
that increase their chances of becoming infected with 
HIV. 
(11) Extreme poverty and hunger coupled with 
the loss of one or both parents as a result of AIDS 
can force children from their families to a life on the 
streets, where the risk of HIV infection is extremely 
high.
(12)(A) A considerable number of United 
States and indigenous private voluntary organiza-
tions, including faith-based organizations, provide 
relatively modest amounts of assistance to orphans 
and other vulnerable children in developing coun-
tries, especially children affected by HIV/AIDS. 
(B) Many of these organizations have submitted 
applications for grants from the United States Agen-
cy for International Development in order to provide 
increased levels of assistance for orphans and other 
vulnerable children in developing countries but in 
most cases the Agency has not approved the applica-
tions.
(13)(A) Section 403(b) of the United States 
Leadership Against HIV/AIDS, Tuberculosis, and 
Malaria Act of 2003 (Public Law 108–25) estab-
lishes the requirement that for fiscal years 2006 
through 2008, not less than 10 percent of amounts 
appropriated for HIV/AIDS assistance for each such 
fiscal year shall be expended for assistance for or-
phans and other vulnerable children affected by 
HIV/AIDS. 
(B) Further, section 403(b) of Public Law 
108–25 requires that at least 50 percent of such 
amounts shall be provided through non-profit, non-
governmental organizations, including faith-based 
organizations, that implement programs on the com-
munity level. 
(14)(A) It is essential that the United States 
Government adopt a comprehensive approach for the 
provision of assistance to orphans and other vulner-
able children in developing countries. 
(B) This comprehensive approach should ensure 
that important services, such as basic care, treat-
ment for those children with HIV/AIDS, mental 
health and related services for those children af-
fected by HIV/AIDS, school food programs, in-
creased educational opportunities and employment
training and related services, and the protection and 
promotion of inheritance rights, are made more ac-
cessible. 
(C) This comprehensive approach should also 
ensure that government agencies and the private 
sector coordinate efforts to prevent and eliminate 
duplication of efforts and waste. 
(15) As a result of the numerous United States 
Government programs under which assistance is spe-
cifically authorized or otherwise available for or-
phans and vulnerable children in developing coun-
tries, the United States Agency for International 
Development will be required to develop innovative 
methods for the conduct and monitoring of these 
programs, including through the collection, analysis, 
and reporting of information on the programs. 
SEC. 3. ASSISTANCE FOR ORPHANS AND OTHER VULNER-
ABLE 
CHILDREN 
IN 
DEVELOPING 
COUN-
TRIES. 
Title V of chapter 2 of part I of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2201) is amended to read 
as follows:
‘‘Title V—Assistance for Orphans and Other Vulnerable 
Children 
‘‘SEC. 241. FINDINGS; DECLARATION OF POLICY. 
‘‘(a) FINDINGS.—Congress finds the following: 
‘‘(1) By 2010, HIV/AIDS will orphan more 
than 25,000,000 children worldwide. 
‘‘(2) Ongoing conflicts and civil wars in devel-
oping countries are adversely affecting children in 
these countries, the vast majority of whom currently 
do not receive humanitarian assistance or other sup-
port from the United States Government. 
‘‘(3) Although the United States Government 
currently administers assistance programs for or-
phans and other vulnerable children in developing 
countries, for fiscal year 2002 the United States 
Agency for International Development reported that 
the United States Government provided assistance 
to only 462,000 such orphans and other vulnerable 
children, or less than one-half of one percent of the 
estimated 108,000,000 total number of such or-
phans and other vulnerable children. 
‘‘(4) The United States Government should in-
crease its efforts to provide assistance for orphans 
and other vulnerable children in developing coun-
tries, especially those children affected by HIV/AIDS 
or conflict. 
‘‘(5) The United States Agency for Inter-
national Development should establish improved ca-
pacity to deliver assistance to orphans and other vul-
nerable children in developing countries through 
partnerships with private voluntary organizations, 
including faith-based organizations. 
‘‘(6) Further, the United States Agency for 
International Development should be the primary 
United States Government agency responsible for 
identifying and assisting orphans and other vulner-
able children in developing countries. 
‘‘(b) DECLARATION OF POLICY.—Congress, recog-
nizing that prompt and appropriate action by the United 
States to assist orphans and other vulnerable children in 
developing countries is an important expression of the hu-
manitarian concern and tradition of the people of the 
United States, affirms the willingness of the United States 
to assist such orphans and other vulnerable children—
‘‘(1) by providing assistance for the purpose of 
improving the health, nutritional, shelter, edu-
cational, economic, and psychological status of or-
phans and other vulnerable children in such coun-
tries; and
‘‘(2) by providing humanitarian and protection 
assistance to such orphans and other vulnerable chil-
dren affected by conflict or civil strife. 
‘‘SEC. 242. ASSISTANCE TO PROVIDE BASIC CARE. 
‘‘(a) FINDINGS.—Congress finds the following: 
‘‘(1) The need for individuals and local organi-
zations in developing countries to assist households 
headed by children is necessary due to the increase 
in the number of such households. Millions of chil-
dren in these types of households lack basic care, 
such as access to food and shelter. 
‘‘(2) When communities are responsible for 
raising orphans, these children are cared for in a 
rich and nurturing environment and remain con-
nected to the traditions and rituals of families and 
the community.
‘‘(3) As the number of these children increases, 
the ability of communities to provide basic care for 
such children is limited. Assistance to support the 
provision of such basic care is therefore necessary in 
and of itself and also to facilitate the provision of 
other types of assistance for such children under this 
title. 
‘‘(b) ASSISTANCE.—
ures to promote the physical and psychological secu-
rity of an individual, provide equal access to basic 
services for the individual, and safeguard the legal 
and human rights and dignity of the individual. 
‘‘SEC. 243. ASSISTANCE TO PROVIDE TREATMENT TO OR-
PHANS AND OTHER VULNERABLE CHILDREN 
WITH HIV/AIDS. 
‘‘(a) FINDINGS.—Congress finds the following: 
‘‘(1) Approximately 2,500,000 children under 
the age of 15 worldwide have HIV/AIDS. Every day 
another 2,000 children under the age of 15 are in-
fected with HIV. 
‘‘(2) In 2002, approximately 2,500,000 children 
were at risk for infection with HIV through mother-
to-child transmission, which includes transmission at 
any point during pregnancy, labor, delivery, or 
breastfeeding. 
‘‘(3) To date, more than 4,000,000 children 
worldwide are estimated to have died from AIDS, 
primarily contracted through mother-to-child trans-
mission. Every year, approximately 700,000 babies 
are infected with HIV, of which the majority are liv-
ing in Africa.
‘‘(4) In southern Africa HIV/AIDS is now the 
leading cause of death among young children, ac-
counting for almost half of such deaths. 
‘‘(5) Research has shown conclusively that initi-
ation in a timely manner of antiretroviral therapy 
for infants or young children with HIV/AIDS can 
preserve or restore their immune functions, promote 
normal growth and development, and prolong life. 
‘‘(6) Few international development programs 
specifically target the treatment of children with 
HIV/AIDS in developing countries. Reasons for this 
include the perceived low priority of pediatric treat-
ment, a lack of pediatric health care professionals, 
lack of expertise and experience in pediatric drug 
dosing and monitoring, the perceived complexity of 
pediatric treatment, and mistaken beliefs regarding 
the risks and benefits of pediatric treatment. 
‘‘(b) ASSISTANCE.—
‘‘(1) IN GENERAL.—The President is author-
ized to provide assistance for the treatment of or-
phans and other vulnerable children with HIV/AIDS 
in developing countries. 
‘‘(2) ACTIVITIES SUPPORTED.—Assistance pro-
vided under paragraph (1) should be used to carry 
out the following activities:
‘‘(A) The treatment of orphans and other 
vulnerable children with HIV/AIDS through the 
provision of pharmaceuticals, including high-
quality, low-cost antiretrovirals and other thera-
pies, including generically manufactured phar-
maceuticals where appropriate. 
‘‘(B)(i) The recruitment and training of in-
dividuals to provide the treatment described in 
subparagraph (A), including the recruitment 
and training of appropriate support personnel. 
‘‘(ii) Such training should include appro-
priate methodologies relating to initial diag-
nosis, appropriate dosages of pharmaceuticals, 
monitoring, medication adherence techniques, 
and treatment for any complications resulting 
from such pharmaceuticals. 
‘‘(C) Activities of medical laboratories re-
lating to the treatment described in subpara-
graph (A), including assistance for the purchase 
of necessary equipment. 
‘‘SEC. 244. ASSISTANCE TO PROVIDE PSYCHOSOCIAL SUP-
PORT TO ORPHANS AND OTHER VULNER-
ABLE CHILDREN AFFECTED BY HIV/AIDS. 
‘‘(a) FINDINGS.—Congress finds the following:
‘‘(1) Many children who are orphaned as a re-
sult of AIDS blame themselves for the death of a 
parent and many children are separated from sib-
lings, sometimes for life. 
‘‘(2) The trauma that results from the loss of 
a parent as a result of AIDS can trigger behavior 
problems of aggression or emotional withdrawal and 
negatively affect a child’s performance in school and 
the child’s social relations. 
‘‘(3) Children living in families affected by 
HIV/AIDS are often stigmatized, teased, and ostra-
cized by peers. In Uganda, some children who are 
orphaned as a result of AIDS are called ‘walking 
corpses’ and discouraged from attending school. 
‘‘(4) Children living in families affected by 
HIV/AIDS who are most vulnerable are those chil-
dren in households headed by children. In these 
households, trained community volunteers can play a 
major role through home visits.
‘‘(5) In many African countries, religious lead-
ers are mobilizing individuals and local organizations 
within the community to identify and respond to the 
psychosocial needs of those children affected by 
AIDS.
‘‘(b) ASSISTANCE.—The President is authorized to 
provide assistance for programs in developing countries to 
provide mental health treatment and related services to 
orphans and other vulnerable children affected by HIV/
AIDS. 
‘‘SEC. 245. ASSISTANCE FOR SCHOOL FOOD PROGRAMS. 
‘‘(a) FINDINGS.—Congress finds the following: 
‘‘(1) In 2004, it is estimated that 125,000,000 
children worldwide do not attend school, in part be-
cause of hunger and malnutrition, and the vast ma-
jority of these children are young girls. 
‘‘(2) School food programs, including take-home 
rations, in developing countries provide strong incen-
tives for parents to send their children to school and 
ensure that they continue with their education. 
School food programs may reduce short-term hun-
ger, improve cognitive functions, and enhance learn-
ing, behavior, and achievement. 
‘‘(3) In 2004, more than 8,000,000 children in 
sub-Saharan Africa are underweight compared to 
1994. Malnutrition enhances the risk that orphans 
and other vulnerable children will be at risk for ill-
ness and infections, especially if these children are 
also infected with HIV.
‘‘(4) Healthy members of families affected by 
HIV/AIDS in developing countries often leave the 
workforce to care for those family members with 
HIV/AIDS, which compounds the problem of access 
to food for the family. Food consumption has been 
shown to drop by as much as 40 percent in these 
families. 
‘‘(5)(A) Although a number of organizations 
seek to meet the needs of children who are orphaned 
or vulnerable as a result of HIV/AIDS, local commu-
nities continue to be the primary providers of sup-
port for these children. 
‘‘(B) According to a survey by the United 
States Agency for International Development, or-
phans and other vulnerable children relied on rel-
atives for food support 74 percent of the time and 
on friends for food support 19 percent of the time. 
‘‘(b) ASSISTANCE.—
‘‘(1) IN GENERAL.—The President is author-
ized to provide assistance for school food programs 
in developing countries. 
‘‘(2) ACTIVITIES SUPPORTED.—Assistance pro-
vided under paragraph (1) should be used to pur-
chase local or regional foodstuffs, where appropriate, 
for school food programs.
‘‘SEC. 246. ASSISTANCE TO INCREASE EDUCATIONAL OP-
PORTUNITIES AND PROVIDE EMPLOYMENT 
TRAINING. 
‘‘(a) FINDINGS.—Congress finds the following: 
‘‘(1) The lack of financial resources in families 
affected by HIV/AIDS prevents many orphans and 
other vulnerable children in developing countries 
from attending school because of the requirement to 
pay school fees and other costs of education. 
‘‘(2) Such children, in particular young girls, 
are often forced to miss school in order to serve as 
caregivers to relatives with HIV/AIDS or assume 
adult responsibilities for providing for the family. 
Younger children who lose a parent also lose the op-
portunity to learn skills that they will need to sup-
port themselves as they grow older. 
‘‘(3) According to the International Labor Or-
ganization (ILO), approximately 250,000,000 chil-
dren and adolescents ages 5 to 14 in developing 
countries are working part-time and approximately 
120,000,000 children and adolescents ages 5 to 14 
in developing countries are working full-time. 
‘‘(4) In many regions of Africa and other devel-
oping countries, non-formal education plays an im-
portant role to provide children who are unable to
attend school with the employment and related life 
skills training such children need to survive. 
‘‘(5) Many organizations in Africa, including 
faith-based organizations, provide employment and 
related life skills training for older children to better 
prepare them to serve as caregivers for younger sib-
lings. 
‘‘(6) Organizations that provide non-formal 
education can assist the thousands of children in de-
veloping countries who are not currently being as-
sisted by families or communities and are struggling 
to survive. 
‘‘(b) ASSISTANCE.—
‘‘(1) EDUCATION ASSISTANCE.—The President 
is authorized to provide assistance for programs in 
developing countries to increase enrollment in public 
primary schools by eliminating school fees and other 
costs of education, especially in developing countries 
heavily affected by HIV/AIDS. Amounts made avail-
able to carry out this paragraph are authorized to 
be made available to the President to make vol-
untary contributions to the United Nations Chil-
dren’s Fund to achieve the purposes of this para-
graph.
‘‘(2) EMPLOYMENT
TRAINING
ASSISTANCE.—
The President is authorized to provide assistance for 
programs in developing countries to provide employ-
ment training and related services for orphans and 
other vulnerable children, especially in developing 
countries heavily affected by HIV/AIDS. 
‘‘SEC. 247. ASSISTANCE TO PROTECT AND PROMOTE INHER-
ITANCE RIGHTS. 
‘‘(a) FINDING.—Congress finds that orphans and 
other vulnerable children in developing countries, particu-
larly children who are orphaned as a result of AIDS, are 
routinely denied their inheritance or encounter difficulties 
in claiming the land and other property which they have 
inherited. 
‘‘(b) ASSISTANCE.—The President is authorized to 
provide assistance in support of programs in developing 
countries to protect and promote the inheritance rights of 
orphans and other vulnerable children, particularly young 
girls and children who are orphaned as a result of AIDS.
‘‘SEC. 248. ADMINISTRATION OF ASSISTANCE. 
‘‘(a) OFFICE FOR ORPHANS AND OTHER VULNER-
ABLE CHILDREN.—
‘‘(1) ESTABLISHMENT.—There is established 
within the United States Agency for International 
Development an Office for Orphans and Other Vul-
nerable Children (hereafter in this title referred to 
as the ‘Office’), which shall be headed by a Director 
who shall be appointed by the Administrator of the 
Agency. 
‘‘(2) DUTIES.—The Office shall be responsible 
for carrying out this title. 
‘‘(b) APPROVAL OF APPLICATIONS.—The Director of 
the Office shall be responsible for reviewing or approving 
all applications submitted to the United States Agency for 
International Development for assistance under this title, 
including applications submitted to field missions of the 
Agency. 
‘‘(c) PRIORITY.—In providing assistance under this 
title, priority should be given to assistance for developing 
countries in which the rate of HIV infection, as reported 
in the most recent epidemiological data for that country 
compiled by the United Nations Joint Programme on 
HIV/AIDS (UNAIDS), is at least 5 percent among women 
attending prenatal clinics or more than 15 percent among 
individuals in groups with high-risk behavior. 
‘‘(d) FORM OF ASSISTANCE.—Assistance under this 
title shall be provided in the form of—
‘‘(1) grants, cooperative agreements, or con-
tracts;
‘‘(2) contributions to international organiza-
tions; or 
‘‘(3) assistance to the governments of devel-
oping countries. 
‘‘(e) COORDINATION.—The provision of assistance 
under this title for children who are orphaned as a result 
of HIV/AIDS, or are children with HIV/AIDS, shall be 
undertaken in a manner that is consistent with assistance 
authorized under section 104A of this Act and assistance 
relating to HIV/AIDS authorized under the United States 
Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Act of 2003 (Public Law 108–25). 
‘‘(f) OTHER ASSISTANCE.—
‘‘(1) REVIEW AND APPROVAL OF OTHER USAID 
ASSISTANCE.—The Director of the Office shall be re-
sponsible for reviewing or approving—
‘‘(A) each component of the annual plan of 
a mission, bureau, or other office of the United 
States Agency for International Development as 
the component relates to assistance for orphans 
and other vulnerable children in developing 
countries; and 
‘‘(B) each program, project, or activity re-
lating to such assistance.
‘‘(2) COORDINATION OF ALL U.S. GOVERNMENT 
ASSISTANCE.—The Director of the Office shall be re-
sponsible for ensuring coordination of all United 
States Government programs to provide assistance 
for orphans and other vulnerable children in devel-
oping countries. 
‘‘SEC. 249. MONITORING SYSTEM. 
‘‘(a) ESTABLISHMENT.—In order to maximize the 
sustainable development impact of assistance authorized 
under this title, the President shall establish a monitoring 
system that meets the requirements of subsection (b). 
‘‘(b) REQUIREMENTS.—The requirements referred to 
in subsection (a) are the following: 
‘‘(1) The monitoring system establishes per-
formance goals for the assistance and expresses such 
goals in an objective and quantifiable form, to the 
extent feasible. 
‘‘(2) The monitoring system establishes per-
formance indicators to be used in measuring or as-
sessing the achievement of the performance goals de-
scribed in paragraph (1). 
‘‘(3) The monitoring system provides a basis for 
recommendations for adjustments to the assistance 
to enhance the impact of the assistance.
Act of 2003 (Public Law 108–25) and the 
amendments made by that Act. 
‘‘(B) Any other provision of law under 
which assistance is authorized for orphans and 
other vulnerable children in developing coun-
tries. 
‘‘(b) ADDITIONAL PROVISIONS.—
‘‘(1) 
AVAILABILITY.—Amounts 
appropriated 
pursuant to the authorization of appropriations 
under subsection (a) are authorized to remain avail-
able until expended and are in addition to amounts 
otherwise available for such purposes. 
‘‘(2) MINIMUM FUNDING REQUIREMENT.—Not 
less than 60 percent of amounts appropriated pursu-
ant to the authorization of appropriations under 
subsection (a) for a fiscal year (other than amounts 
made available for assistance to eliminate school fees 
and other costs of education pursuant to section 
246) shall be provided through United States or in-
digenous private voluntary organizations that imple-
ment programs on the community level. Amounts 
provided by for-profit entities to not-for-profit enti-
ties from assistance under this title shall not be con-
sidered for purposes of satisfying the requirement of 
this paragraph.
‘‘(3) ASSISTANCE
UNDER
OTHER
PROVISIONS 
OF LAW.—
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, amounts made available 
for assistance for orphans or other vulnerable 
children in developing countries under any pro-
vision of law other than this title may be pro-
vided to further the purposes of this title. 
‘‘(B) REPORT.—To the extent assistance 
described in subparagraph (A) is provided in 
accordance with such subparagraph, the Presi-
dent shall include, as part of the report re-
quired under section 250, a detailed description 
of such assistance and, to the extent applicable, 
the 
information 
required 
by 
subsection 
(b)(1)(A) of such section with respect to such 
assistance. 
‘‘SEC. 252. DEFINITIONS. 
‘‘In this title: 
‘‘(1) AIDS.—The term ‘AIDS’ has the meaning 
given the term in section 104A(g)(1) of this Act. 
‘‘(2) CHILDREN.—The term ‘children’ means 
persons who have not attained the age of 18. 
‘‘(3) HIV.—The term ‘HIV’ has the meaning 
given the term in section 104A(g)(2) of this Act.
‘‘(4) HIV/AIDS.—The term ‘HIV/AIDS’ has 
the meaning given the term in section 104A(g)(3) of 
this Act. 
‘‘(5) ORPHAN.—The term ‘orphan’ means a 
child deprived by death of one or both parents. 
‘‘(6) VULNERABLE CHILDREN.—The term ‘vul-
nerable children’ includes children who are ne-
glected, destitute, abandoned, homeless, disabled, 
suffering from malnutrition, are sexually exploited or 
abused, or are displaced or otherwise adversely af-
fected by armed conflict.’’.
Union Calendar No. 272
108TH CONGRESS 
2D SESSION 
H. R. 4061
[Report No. 108–479] 
A BILL 
To amend the Foreign Assistance Act of 1961 to 
provide assistance for orphans and other vulner-
able children in developing countries. 
MAY 5, 2004
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed