I 
109TH CONGRESS 
1ST SESSION 
H. R. 397 
To amend the Foreign Assistance Act of 1961 to provide assistance to 
children who are orphaned or unaccompanied as a result of the tsunamis 
that occurred on December 26, 2004, in the Indian Ocean. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 26, 2005 
Mr. MENENDEZ (for himself, Ms. JACKSON-LEE of Texas, Mr. LANTOS, Mr. 
TOWNS, Mrs. MALONEY, Mr. HASTINGS of Florida, Mr. MCGOVERN, Mr. 
EVANS, Mr. OWENS, and Mr. RANGEL) 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 to children who are orphaned or unaccom-
panied as a result of the tsunamis that occurred on 
December 26, 2004, in the Indian Ocean. 
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 ‘‘Tsunami Orphans and 
Unaccompanied Children Act of 2005’’. 
SEC. 2. FINDINGS; DECLARATION OF POLICY. 
(a) FINDINGS.—Congress finds the following:
(1) Over 160,000 people were killed in the In-
dian Ocean region as a result of the earthquake and 
tsunamis that occurred on December 26, 2004. 
(2) Experts estimate that a higher than ex-
pected number of those killed were children. 
(3) According to the United Nations, 3 to 5 
million people were affected by the disaster. Approxi-
mately 1.5 million of those individuals affected are 
children. 
(4) Experts estimate that the total number of 
children affected in the tsunamis could reach up to 
50 percent. Experts estimate that a significant num-
ber of children have been separated from their par-
ents or orphaned. 
(5) Orphaned and unaccompanied children are 
particularly vulnerable to disease, hunger, and ex-
ploitation. 
(6) In the chaotic environment following a dis-
aster when protection mechanisms may not be in 
place, unaccompanied children are more vulnerable 
to traffickers and forcible recruitment into militias. 
(7) After a disaster, under-resourced govern-
ments, communities, and villages may not be able to 
independently provide sufficient care and services for 
orphans and unaccompanied children.
(8) Unaccompanied children and orphans need 
immediate care and security in the short-term, as 
well as a long-term investment in their education, 
health, and protection. 
(9) Congress recognizes that a number of orga-
nizations including UNICEF, Save the Children, 
World Vision, and the International Committee of 
the Red Cross are leading the effort to reunify chil-
dren with their families, provide protection against 
traffickers, and provide food, shelter, education, 
counseling, and many other vital services. 
(b) DECLARATION OF POLICY.—It shall be the policy 
of the United States to take prompt and appropriate ac-
tions to assist children who are orphaned or currently un-
accompanied as a result of the tsunamis that occurred on 
December 26, 2004, in the Indian Ocean as an important 
expression of humanitarian concern and the traditions of 
the United States and, in particular, to assist such or-
phans and unaccompanied children by— 
(1) providing assistance for the purpose of iden-
tifying and reunifying unaccompanied children with 
their families; 
(2) providing assistance for the immediate care 
of unaccompanied children and orphans, including
health care, food, shelter, education, psychological 
counseling, and protection from traffickers; and 
(3) providing for the long-term needs of chil-
dren not reunified with immediate or extended fam-
ily members, including long-term placement con-
sistent with international standards and local cus-
toms and structures and also providing support for 
education, healthcare, food, job-training, and psycho-
logical counseling. 
SEC. 3. AMENDMENT TO THE FOREIGN ASSISTANCE ACT OF 
1961. 
Chapter 2 of part I of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2166 et seq.) is amended by inserting 
after title VI the following new title: 
‘‘TITLE 
VII—ASSISTANCE 
FOR 
TSUNAMI ORPHANS AND UN-
ACCOMPANIED CHILDREN 
‘‘SEC. 261. AUTHORIZATION OF ASSISTANCE. 
‘‘(a) IN GENERAL.—The President, acting through 
the Administrator of the Agency, shall provide assistance 
to children who are orphaned or currently unaccompanied 
as a result of the tsunamis that occurred on December 
26, 2004, in the Indian Ocean. 
‘‘(b) ACTIVITIES SUPPORTED.—Assistance provided 
under subsection (a) shall be used to—
‘‘(1) identify and reunify unaccompanied chil-
dren by— 
‘‘(A) identifying, registering, and docu-
menting, as soon as possible, all unaccompanied 
children; 
‘‘(B) attempting to trace each child’s im-
mediate family, primary legal or customary care 
giver, or other extended family member; and 
‘‘(C) verifying that the child has been ef-
fectively and appropriately placed; 
‘‘(2) provide immediate care for unaccompanied 
or orphaned children during the identification and 
reunification process by— 
‘‘(A) providing, food, shelter, and access to 
education; 
‘‘(B) psychological and psychosocial coun-
seling; and 
‘‘(C) creating mechanisms to protect 
against child trafficking, sexual abuse, and at-
tempts to forcibly recruit children into militias; 
and 
‘‘(3) provide for the long-term needs of children 
not reunified with immediate family by— 
‘‘(A) attempting to place children with ex-
tended family members and relatives;
‘‘(B) providing assistance, if there is no 
family care available, for children to be placed 
in foster-care or other care approved both by 
the Agency and local governments; 
‘‘(C) providing support for education, 
healthcare, food, job-training, and psychological 
counseling once children are placed, including 
psychological and psychosocial counseling for 
caregivers and extended family members who 
are responsible for such children; 
‘‘(D) monitoring placement to assure rec-
ognition of local customs and support struc-
tures; 
‘‘(E) monitoring placement to assure that 
care is consistent with international standards; 
and 
‘‘(F) monitoring the status of the children, 
in coordination with international nongovern-
mental organizations and multilateral organiza-
tions. 
‘‘(c) ADMINISTRATIVE PROVISIONS.—In carrying out 
any programs under the terms of this section, the Admin-
istrator shall— 
‘‘(1) provide funds for projects to nongovern-
mental organizations in the United States, multilat-
eral institutions, and international and indigenous 
nongovernmental organizations with expertise in car-
ing for orphans and unaccompanied children; 
‘‘(2) coordinate with nongovernmental organiza-
tions in the United States, international nongovern-
mental organizations, and multilateral institutions to 
avoid duplication, waste, and fraud and ensure effi-
ciency and the maximization of resources; 
‘‘(3) work closely with local governments and 
local nongovernmental organizations to develop long- 
term protection and monitoring mechanisms; 
‘‘(4) require all governments and nongovern-
mental organizations that receive assistance under 
this section to agree to international standards on 
the treatment of orphans and children; and 
‘‘(5) coordinate with other departments and 
agencies of the United States Government that have 
responsibilities related to child trafficking, child 
labor, and other issues related to orphans and unac-
companied children. 
‘‘(d) TERMS
AND CONDITIONS.—Assistance under 
this section may be provided on such other terms and con-
ditions as the President may determine.
‘‘SEC. 262. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated to Agency’s Displaced Children and Orphans 
Fund to carry out this title $80,000,000 for each of the 
fiscal years 2005 through 2009. 
‘‘(b) ADDITIONAL AUTHORITIES.—Amounts appro-
priated pursuant to subsection (a)— 
‘‘(1) are authorized to remain available until ex-
pended; and 
‘‘(2) are in addition to amounts otherwise avail-
able for such purposes. 
‘‘(c) FUNDING LIMITATION.—Not more than 7 per-
cent of the amounts appropriated pursuant to subsection 
(a) for a fiscal year may be used for administrative ex-
penses. 
‘‘SEC. 263. 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 as follows: 
‘‘(1) The monitoring system shall establish per-
formance goals for the assistance and express such 
goals in an objective and quantifiable form, to the 
fullest extent feasible.
‘‘(2) The monitoring system shall establish 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 shall provide a 
basis for recommendations for adjustments to the 
levels and type of assistance to enhance the impact 
of the assistance. 
‘‘SEC. 264. REPORT. 
‘‘(a) REPORT.—Not later than December 31, 2005, 
and each December 31 thereafter until December 31, 
2009, the President shall transmit to Congress a report 
that contains a detailed description of the implementation 
of this title for the previous fiscal year. 
‘‘(b) CONTENTS.—The report shall contain the fol-
lowing information: 
‘‘(1) For each grant, cooperative agreement, 
contract, contribution, or other form of assistance 
awarded or entered into under this title— 
‘‘(A) the amount of the grant, cooperative 
agreement, contract, contribution, or other form 
of assistance, the name of each recipient and 
each country with respect to which projects or 
activities under the grant, cooperative agree-
ment, contract, contribution, or other form of
assistance were carried out, and the approxi-
mate number of orphans and other unaccom-
panied children who received assistance under 
the projects or activities; and 
‘‘(B) the results of the monitoring system 
with respect to the grant, cooperative agree-
ment, contract, contribution, or other form of 
assistance. 
‘‘(2) For each grant, cooperative agreement, 
contract, contribution, or other form of assistance 
awarded or entered into under any provision of law 
other than this title for assistance for tsunami or-
phans and unaccompanied children, the information 
described in paragraph (1)(A). 
‘‘(3) Any other appropriate information relating 
to the needs of tsunami orphans or unaccompanied 
children that could be addressed through the provi-
sion of assistance under this title or under any other 
provision of law. 
‘‘SEC. 265. DEFINITIONS. 
‘‘In this title: 
‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Agency.
‘‘(2) AGENCY.—The term ‘Agency’ means the 
United States Agency for International Develop-
ment. 
‘‘(3) CHILDREN.—The term ‘children’ means 
persons who have not attained the age of 18. 
‘‘(4) ORPHAN.—The term ‘orphan’ means a 
child deprived by death of one or both parents. 
‘‘(5) UNACCOMPANIED
CHILDREN.—The term 
‘unaccompanied children’ means children separated 
from their family.’’. 
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