Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005
PL 109-95 (H.R.1409), enacted 11/08/2005

119 STAT. 2111
PUBLIC LAW 109–95—NOV. 8, 2005
Public Law 109–95
109th Congress
An Act
To amend the Foreign Assistance Act of 1961 to provide assistance for orphans
and other vulnerable children in developing countries, and for other purposes.
Be it enacted by the Senate and House of Representatives 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 2005’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) As of July 2004, there were more than 143,000,000
children living in sub-Saharan Africa, Asia, Latin America,
and the Caribbean who were identified as orphans, having
lost one or both of their parents. Of this number, approximately
16,200,000 children were identified as double orphans, having
lost both parents—the vast majority of whom died of AIDS.
These children often are disadvantaged in numerous and dev-
astating ways and most households with orphans cannot meet
the basic needs of health care, food, clothing, and educational
expenses.
(2) It is estimated that 121,000,000 children worldwide
do not attend school and that the majority of such children
are young girls. According to the United Nations Children’s
Fund (UNICEF), orphans are less likely to be in school and
more likely to be working full time.
(3) School food programs, including take-home rations, in
developing countries provide strong incentives for children to
remain in school and continue their education. School food
programs can reduce short-term hunger, improve cognitive func-
tions, and enhance learning, behavior, and achievement.
(4) Financial barriers, such as school fees and other costs
of education, prevent many orphans and other vulnerable chil-
dren in developing countries from attending school. Providing
children with free primary school education, while simulta-
neously ensuring that adequate resources exist for teacher
training and infrastructure, would help more orphans and other
vulnerable children obtain a quality education.
(5) The trauma that results from the loss of a parent
can trigger behavior problems of aggression or emotional with-
drawal and negatively affect a child’s performance in school
and the child’s social relations. Children living in families
affected by HIV/AIDS or who have been orphaned by AIDS
Assistance for
Orphans and
Other Vulnerable
Children in
Developing
Countries Act
of 2005.
22 USC 2151
note.
22 USC 2152f
note.
Nov. 8, 2005
[H.R. 1409]
VerDate 14-DEC-2004
13:51 Oct 26, 2006
Jkt 039194
PO 00002
Frm 00968
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.119
APPS06
PsN: PUBL002
119 STAT. 2112
PUBLIC LAW 109–95—NOV. 8, 2005
often face stigmatization and discrimination. Providing cul-
turally appropriate psychosocial support to such children can
assist them in successfully accepting and adjusting to their
circumstances.
(6) Orphans and other vulnerable children in developing
countries routinely are denied their inheritance or encounter
difficulties in claiming the land and other property which they
have inherited. Even when the inheritance rights of women
and children are spelled out in law, such rights are difficult
to claim and are seldom enforced. In many countries it is
difficult or impossible for a widow, even if she has young
children, to claim property after the death of her husband.
(7) The HIV/AIDS pandemic has had a devastating affect
on children and is deepening poverty in entire communities
and jeopardizing the health, safety, and survival of all children
in affected areas.
(8) The HIV/AIDS pandemic has increased the number
of orphans worldwide and has exacerbated the poor living condi-
tions of the world’s poorest and most vulnerable children. AIDS
has created an unprecedented orphan crisis, especially in sub-
Saharan Africa, where children have been hardest hit. An
estimated 14,000,000 orphans have lost 1 or both parents to
AIDS. By 2010, it is estimated that over 25,000,000 children
will have been orphaned by AIDS.
(9) 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 infected with HIV. Without treatment,
most children born with HIV can expect to die by age two,
but with sustained drug treatment through childhood, the
chances of long-term survival and a productive adulthood
improve dramatically.
(10) 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 treatment, a lack of pediatric health care profes-
sionals, lack of expertise and experience in pediatric drug dosing
and monitoring, the perceived complexity of pediatric treat-
ment, and mistaken beliefs regarding the risks and benefits
of pediatric treatment.
(11) Although a number of organizations seek to meet
the needs of orphans or other vulnerable children, extended
families and local communities continue to be the primary
providers of support for such children.
(12) The HIV/AIDS pandemic is placing huge burdens on
communities and is leaving many orphans with little support.
Alternatives to traditional orphanages, such as community-
based resource centers, continue to evolve in response to the
massive number of orphans that has resulted from the pan-
demic.
(13) The AIDS orphans crisis in sub-Saharan Africa has
implications for political stability, human welfare, and develop-
ment that extend far beyond the region, affecting governments
and people worldwide, and this crisis requires an accelerated
response from the international community.
(14) Although section 403(b) of the United States Leader-
ship Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
(22 U.S.C. 7673(b)) establishes the requirement that not less
VerDate 14-DEC-2004
13:51 Oct 26, 2006
Jkt 039194
PO 00002
Frm 00969
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.119
APPS06
PsN: PUBL002
119 STAT. 2113
PUBLIC LAW 109–95—NOV. 8, 2005
than 10 percent of amounts appropriated for HIV/AIDS assist-
ance for each of fiscal years 2006 through 2008 shall be
expended for assistance for orphans and other vulnerable chil-
dren affected by HIV/AIDS, there is an urgent need to provide
assistance to such children prior to 2006.
(15) Numerous United States and indigenous private vol-
untary organizations, including faith-based organizations, pro-
vide assistance to orphans and other vulnerable children in
developing countries. Many of these organizations have sub-
mitted applications for grants to the Administrator of the
United States Agency for International Development to provide
increased levels of assistance for orphans and other vulnerable
children in developing countries.
(16) Increasing the amount of assistance that is provided
by the Administrator of the United States Agency for Inter-
national Development through United States and indigenous
private voluntary organizations, including faith-based organiza-
tions, will provide greater protection for orphans and other
vulnerable children in developing countries.
(17) It is essential that the United States Government
adopt a comprehensive approach for the provision of assistance
to orphans and other vulnerable children in developing coun-
tries. A comprehensive approach would ensure that important
services, such as basic care, psychosocial support, school food
programs, increased educational opportunities and employment
training and related services, the protection and promotion
of inheritance rights for such children, and the treatment of
orphans and other vulnerable children with HIV/AIDS, are
made more accessible.
(18) Assistance for orphans and other vulnerable children
can best be provided by a comprehensive approach of the United
States Government that—
(A) ensures that Federal agencies and the private
sector coordinate efforts to prevent and eliminate duplica-
tion of efforts and waste in the provision of such assistance;
and
(B) to the maximum extent possible, focuses on commu-
nity-based programs that allow orphans and other vulner-
able children to remain connected to the traditions and
rituals of their families and communities.
SEC. 3. ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHIL-
DREN IN DEVELOPING COUNTRIES.
Chapter 1 of part I of the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.) is amended by adding at the end the
following section:
‘‘SEC. 135. ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHIL-
DREN.
‘‘(a) FINDINGS.—Congress finds the following:
‘‘(1) There are more than 143,000,000 orphans living sub-
Saharan Africa, Asia, Latin America, and the Caribbean. Of
this number, approximately 16,200,000 children have lost both
parents.
‘‘(2) The HIV/AIDS pandemic has created an unprecedented
orphan crisis, especially in sub-Saharan Africa, where children
have been hardest hit. The pandemic is deepening poverty
in entire communities, and is jeopardizing the health, safety,
22 USC 2152f.
VerDate 14-DEC-2004
13:51 Oct 26, 2006
Jkt 039194
PO 00002
Frm 00970
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.119
APPS06
PsN: PUBL002
119 STAT. 2114
PUBLIC LAW 109–95—NOV. 8, 2005
and survival of all children in affected countries. It is estimated
that 14,000,000 children have lost one or both parents to AIDS.
‘‘(3) The orphans crisis in sub-Saharan Africa has implica-
tions for human welfare, development, and political stability
that extend far beyond the region, affecting governments and
people worldwide.
‘‘(4) Extended families and local communities are struggling
to meet the basic needs of orphans and vulnerable children
by providing food, health care including treatment of children
living with HIV/AIDS, education expenses, and clothing.
‘‘(5) Famines, natural disasters, chronic poverty, ongoing
conflicts, and civil wars in developing 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.
‘‘(6) The United States Government administers various
assistance programs for orphans and other vulnerable children
in developing countries. In order to improve targeting and
programming of resources, the United States Agency for Inter-
national Development should develop methods to adequately
track the overall number of orphans and other vulnerable chil-
dren receiving assistance, the kinds of programs for such chil-
dren by sector and location, and any other such related data
and analysis.
‘‘(7) The United States Agency for International Develop-
ment should improve its capabilities to deliver assistance to
orphans and other vulnerable children in developing countries
through partnerships with private volunteer organizations,
including community and faith-based organizations.
‘‘(8) The United States Agency for International Develop-
ment should be the primary United States Government agency
responsible for identifying and assisting orphans and other
vulnerable children in developing countries.
‘‘(9) Providing assistance to such children is an important
expression of the humanitarian concern and tradition of the
people of the United States.
‘‘(b) DEFINITIONS.—In this section:
‘‘(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 18 years of age.
‘‘(3) HIV/AIDS.—The term ‘HIV/AIDS’ has the meaning given
the term in section 104A(g)(3) of this Act.
‘‘(4) ORPHAN.—The term ‘orphan’ means a child deprived
by death of one or both parents.
‘‘(5) PSYCHOSOCIAL SUPPORT.—The term ‘psychosocial sup-
port’ includes care that addresses the ongoing psychological
and social problems that affect individuals, their partners, fami-
lies, and caregivers in order to alleviate suffering, strengthen
social ties and integration, provide emotional support, and pro-
mote coping strategies.
‘‘(c) ASSISTANCE.—The President is authorized to provide assist-
ance, including providing such assistance through international or
nongovernmental organizations, for programs in developing coun-
tries to provide basic care and services for orphans and other
vulnerable children. Such programs should provide assistance—
President.
VerDate 14-DEC-2004
13:51 Oct 26, 2006
Jkt 039194
PO 00002
Frm 00971
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.119
APPS06
PsN: PUBL002
119 STAT. 2115
PUBLIC LAW 109–95—NOV. 8, 2005
‘‘(1) to support families and communities to mobilize their
own resources through the establishment of community-based
organizations to provide basic care for orphans and other
vulnerable children;
‘‘(2) for school food programs, including the purchase of
local or regional foodstuffs where appropriate;
‘‘(3) to increase primary school enrollment through the
elimination of school fees, where appropriate, or other barriers
to education while ensuring that adequate resources exist for
teacher training and infrastructure;
‘‘(4) to provide employment training and related services
for orphans and other vulnerable children who are of legal
working age;
‘‘(5) to protect and promote the inheritance rights of
orphans, other vulnerable children, and widows;
‘‘(6) to provide culturally appropriate psychosocial support
to orphans and other vulnerable children; and
‘‘(7) to treat orphans and other vulnerable children with
HIV/AIDS through the provision of pharmaceuticals, the
recruitment and training of individuals to provide pediatric
treatment, and the purchase of pediatric-specific technologies.
‘‘(d) MONITORING AND EVALUATION.—
‘‘(1) 
ESTABLISHMENT.—To 
maximize 
the 
sustainable
development impact of assistance authorized under this section,
and pursuant to the strategy required in section 4 of the Assist-
ance for Orphans and Other Vulnerable Children in Developing
Countries Act of 2005, the President shall establish a moni-
toring and evaluation system to measure the effectiveness of
United States assistance to orphans and other vulnerable chil-
dren.
‘‘(2) REQUIREMENTS.—The monitoring and evaluation
system shall—
‘‘(A) establish performance goals for the assistance and
expresses such goals in an objective and quantifiable form,
to the extent feasible;
‘‘(B) establish performance indicators to be used in
measuring or assessing the achievement of the performance
goals described in subparagraph (A); and
‘‘(C) provide a basis for recommendations for adjust-
ments to the assistance to enhance the impact of assistance.
‘‘(e) SPECIAL
ADVISOR
FOR
ASSISTANCE
TO
ORPHANS
AND
VULNERABLE CHILDREN.—
‘‘(1) APPOINTMENT.—
‘‘(A) IN GENERAL.—The Secretary of State, in consulta-
tion with the Administrator of the United States Agency
for International Development, shall appoint a Special
Advisor for Assistance to Orphans and Vulnerable Chil-
dren.
‘‘(B) DELEGATION.—At the discretion of the Secretary
of State, the authority to appoint a Special Advisor under
subparagraph (A) may be delegated by the Secretary of
State to the Administrator of the United States Agency
for International Development.
‘‘(2) DUTIES.—The duties of the Special Advisor for Assist-
ance to Orphans and Vulnerable Children shall include the
following:
President.
VerDate 14-DEC-2004
13:51 Oct 26, 2006
Jkt 039194
PO 00002
Frm 00972
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.119
APPS06
PsN: PUBL002
119 STAT. 2116
PUBLIC LAW 109–95—NOV. 8, 2005
‘‘(A) Coordinate assistance to orphans and other vulner-
able children among the various offices, bureaus, and field
missions within the United States Agency for International
Development.
‘‘(B) Advise the various offices, bureaus, and field mis-
sions within the United States Agency for International
Development to ensure that programs approved for assist-
ance under this section are consistent with best practices,
meet the requirements of this Act, and conform to the
strategy outlined in section 4 of the Assistance for Orphans
and Other Vulnerable Children in Developing Countries
Act of 2005.
‘‘(C) Advise the various offices, bureaus, and field mis-
sions within the United States Agency for International
Development in developing any component of their annual
plan, as it relates to assistance for orphans or other vulner-
able children in developing countries, to ensure that each
program, project, or activity relating to such assistance
is consistent with best practices, meets the requirements
of this Act, and conforms to the strategy outlined in section
4 of the Assistance for Orphans and Other Vulnerable
Children in Developing Countries Act of 2005.
‘‘(D) Coordinate all United States assistance to orphans
and other vulnerable children among United States depart-
ments and agencies, including the provision of assistance
relating to HIV/AIDS authorized under the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (Public Law 108–25), and the amendments
made by such Act (including section 102 of such Act, and
the amendments made by such section, relating to the
coordination of HIV/AIDS programs).
‘‘(E) Establish priorities that promote the delivery of
assistance to the most vulnerable populations of orphans
and children, particularly in those countries with a high
rate of HIV infection among women.
‘‘(F) Disseminate a collection of best practices to field
missions of the United States Agency for International
Development to guide the development and implementation
of programs to assist orphans and vulnerable children.
‘‘(G) Administer the monitoring and evaluation system
established in subsection (d).
‘‘(H) Prepare the annual report required by section
5 of the Assistance for Orphans and Other Vulnerable
Children in Developing Countries Act of 2005.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to the President to carry out this section such sums as may
be necessary for each of the fiscal years 2006 and 2007.
‘‘(2) AVAILABILITY
OF
FUNDS.—Amounts made available
under paragraph (1) are authorized to remain available until
expended.’’.
SEC. 4. STRATEGY OF THE UNITED STATES.
(a) REQUIREMENT
FOR STRATEGY.—Not later than 180 days
after the date of enactment of this Act, the President shall develop,
and transmit to the appropriate congressional committees, a
22 USC 2152f
note.
Deadline.
President.
VerDate 14-DEC-2004
13:51 Oct 26, 2006
Jkt 039194
PO 00002
Frm 00973
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.119
APPS06
PsN: PUBL002
119 STAT. 2117
PUBLIC LAW 109–95—NOV. 8, 2005
strategy for coordinating, implementing, and monitoring assistance
programs for orphans and vulnerable children.
(b) CONSULTATION.—The strategy described in subsection (a)
should be developed in consultation with the Special Advisor for
Assistance to Orphans and Vulnerable Children (appointed pursu-
ant to section 135(e)(1) of the Foreign Assistance Act of 1961 (as
added by section 3 of this Act)) and with employees of the field
missions of the United States Agency for International Development
to ensure that the strategy—
(1) will not impede the efficiency of implementing assist-
ance programs for orphans and vulnerable children; and
(2) addresses the specific needs of indigenous populations.
(c) CONTENT.—The strategy required by subsection (a) shall
include—
(1) the identity of each agency or department of the Federal
Government that is providing assistance for orphans and
vulnerable children in foreign countries;
(2) a description of the efforts of the head of each such
agency or department to coordinate the provision of such assist-
ance with other agencies or departments of the Federal Govern-
ment or nongovernmental entities;
(3) a description of a coordinated strategy, including
coordination with other bilateral and multilateral donors, to
provide the assistance authorized in section 135 of the Foreign
Assistance Act of 1961, as added by section 3 of this Act;
(4) an analysis of additional coordination mechanisms or
procedures that could be implemented to carry out the purposes
of such section;
(5) a description of a monitoring system that establishes
performance goals for the provision of such assistance and
expresses such goals in an objective and quantifiable form,
to the extent feasible; and
(6) a description of performance indicators to be used in
measuring or assessing the achievement of the performance
goals described in paragraph (5).
SEC. 5. ANNUAL REPORT.
(a) REPORT.—Not later than one year after the date on which
the President transmits to the appropriate congressional committees
the strategy required by section 4(a), and annually thereafter, the
President shall transmit to the appropriate congressional commit-
tees a report on the implementation of this Act and the amendments
made by this Act.
(b) CONTENTS.—The report shall contain the following informa-
tion for grants, cooperative agreements, contracts, contributions,
and other forms of assistance awarded or entered into under section
135 of the Foreign Assistance Act of 1961 (as added by section
3 of this Act):
(1) The amount of funding, the name of recipient organiza-
tions, the location of programs and activities, the status of
progress of programs and activities, and the estimated number
of orphans and other vulnerable children who received direct
or indirect assistance under the programs and activities.
(2) The results of the monitoring and evaluation system
with respect to assistance for orphans and other vulnerable
children.
President.
22 USC 2152g.
VerDate 14-DEC-2004
13:51 Oct 26, 2006
Jkt 039194
PO 00002
Frm 00974
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.119
APPS06
PsN: PUBL002
119 STAT. 2118
PUBLIC LAW 109–95—NOV. 8, 2005
LEGISLATIVE HISTORY—H.R. 1409:
CONGRESSIONAL RECORD, Vol. 151 (2005):
Oct. 18, considered and passed House.
Oct. 24, considered and passed Senate.
(3) The percentage of assistance provided in support of
orphans or other vulnerable children affected by HIV/AIDS.
(4) Any other appropriate information relating to the needs
of orphans and other vulnerable children in developing coun-
tries that could be addressed through the provision of assistance
authorized in section 135 of the Foreign Assistance Act of
1961, as added by section 3 of this Act, or under any other
provision of law.
SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ‘‘appropriate congressional committees’’
means the Committee on Appropriations and the Committee on
Foreign Relations of the Senate and the Committee on Appropria-
tions and the Committee on International Relations of the House
of Representatives.
Approved November 8, 2005.
22 USC 2152g
note.
VerDate 14-DEC-2004
13:51 Oct 26, 2006
Jkt 039194
PO 00002
Frm 00975
Fmt 6580
Sfmt 6580
E:\PUBLAW\PUBL002.119
APPS06
PsN: PUBL002