[109th Congress Public Law 95]
[From the U.S. Government Printing Office]
[DOCID: f:publ095.109]
[[Page 119 STAT. 2111]]
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. <<NOTE: Nov. 8, 2005 - [H.R. 1409]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Assistance for Orphans and
Other Vulnerable Children in Developing Countries Act of 2005. 22 USC
2151 note. 22 USC 2152f note.>> 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 devastating 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
functions, and enhance learning, behavior, and achievement.
(4) Financial barriers, such as school fees and other costs
of education, prevent many orphans and other vulnerable children
in developing countries from attending school. Providing
children with free primary school education, while
simultaneously 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 withdrawal
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
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often face stigmatization and discrimination. Providing
culturally 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 conditions
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
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.
(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 pandemic.
(13) The AIDS orphans crisis in sub-Saharan Africa has
implications for political stability, human welfare, and
development 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 Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22
U.S.C. 7673(b)) establishes the requirement that not less
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than 10 percent of amounts appropriated for HIV/AIDS assistance
for each of fiscal years 2006 through 2008 shall be expended for
assistance for orphans and other vulnerable children 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 voluntary
organizations, including faith-based organizations, provide
assistance to orphans and other vulnerable children in
developing countries. Many of these organizations have submitted
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 International
Development through United States and indigenous private
voluntary organizations, including faith-based organizations,
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 countries. 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
duplication of efforts and waste in the provision of
such assistance; and
(B) to the maximum extent possible, focuses on
community-based programs that allow orphans and other
vulnerable children to remain connected to the
traditions and rituals of their families and
communities.
SEC. 3. ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN 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. <<NOTE: 22 USC 2152f.>> ASSISTANCE FOR ORPHANS AND OTHER
VULNERABLE CHILDREN.
``(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,
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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
implications 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
support 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
International Development should develop methods to adequately
track the overall number of orphans and other vulnerable
children receiving assistance, the kinds of programs for such
children by sector and location, and any other such related data
and analysis.
``(7) The United States Agency for International Development
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 Development
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 support'
includes care that addresses the ongoing psychological and
social problems that affect individuals, their partners,
families, and caregivers in order to alleviate suffering,
strengthen social ties and integration, provide emotional
support, and promote coping strategies.
``(c) <<NOTE: President.>> Assistance.--The President is authorized
to provide assistance, including providing such assistance through
international or nongovernmental organizations, for programs in
developing countries to provide basic care and services for orphans and
other vulnerable children. Such programs should provide assistance--
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``(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) <<NOTE: President.>> Establishment.--To maximize the
sustainable development impact of assistance authorized under
this section, and pursuant to the strategy required in section 4
of the Assistance for Orphans and Other Vulnerable Children in
Developing Countries Act of 2005, the President shall establish
a monitoring and evaluation system to measure the effectiveness
of United States assistance to orphans and other vulnerable
children.
``(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
adjustments 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
consultation with the Administrator of the United States
Agency for International Development, shall appoint a
Special Advisor for Assistance to Orphans and Vulnerable
Children.
``(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
Assistance to Orphans and Vulnerable Children shall include the
following:
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``(A) Coordinate assistance to orphans and other
vulnerable 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
missions within the United States Agency for
International Development to ensure that programs
approved for assistance 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
missions 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 vulnerable 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 departments 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. <<NOTE: 22 USC 2152f note. Deadline. President.>> 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
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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 pursuant 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
assistance 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
assistance with other agencies or departments of the Federal
Government 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. <<NOTE: 22 USC 2152g.>> ANNUAL REPORT.
(a) <<NOTE: President.>> 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 committees a report on the implementation of this Act and
the amendments made by this Act.
(b) Contents.--The report shall contain the following information
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
organizations, 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.
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(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 countries
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. <<NOTE: 22 USC 2152g note.>> 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 Appropriations and the Committee on
International Relations of the House of Representatives.
Approved November 8, 2005.
LEGISLATIVE HISTORY--H.R. 1409:
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CONGRESSIONAL RECORD, Vol. 151 (2005):
Oct. 18, considered and passed House.
Oct. 24, considered and passed Senate.
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