[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4061 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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.

    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 2004''.

SEC. 2. FINDINGS.

    Congress finds 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 Agency for International Development, in 2001 there were 
        more than 110,000,000 orphans living in sub-Saharan Africa, 
        Asia, Latin America, and the Caribbean.
            (3) Assessments carried out by the International 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, prostitution, as street vendors, or in 
        industries that violate internationally recognized rights of 
        children.
            (4) Infants who are poor and malnourished are more likely 
        to contract respiratory infections, diarrhea, 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 increase. 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-infected mother 
        develop HIV/AIDS. Few of these children have access to HIV/AIDS 
        medications.
            (8) Globally, more than 11,800,000 young people ages 15 to 
        24 were living with HIV/AIDS in 2001, and each day another 
        6,000 young people became 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 increasing number of 
        responsibilities. Girls take responsibility 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. Individuals with HIV become 
        increasingly weak and fatigued, do not respond to drug 
        treatment, and are prone to other illnesses such as 
        malnutrition and tuberculosis (TB).
            (B) Hunger can also cause previously HIV-negative people to 
        engage in high-risk survival strategies 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 organizations, including faith-
        based organizations, provide assistance to orphans and other 
        vulnerable children in developing countries, especially 
        children affected by HIV/AIDS.
            (B) Many of these organizations have submitted applications 
        for grants from the United States Agency 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 
        applications.
            (13)(A) Section 403(b) of the United States Leadership 
        Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public 
        Law 108-25) establishes 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 orphans 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, nongovernmental organizations, including 
        faith-based organizations, that implement programs on the 
        community level.
            (14)(A) 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.
            (B) This comprehensive approach should ensure that 
        important services, such as basic care, treatment for those 
        children with HIV/AIDS, mental health and related services for 
        those children affected by HIV/AIDS, school food programs, 
        increased educational opportunities and employment training and 
        related services, and the protection and promotion of 
        inheritance rights, are made more accessible.
            (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 specifically authorized or 
        otherwise available for orphans and vulnerable children in 
        developing countries, 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 and the extent to 
        which such programs provide assistance directly and indirectly 
        to such children.

SEC. 3. PURPOSE.

    The primary purpose of this Act, and the amendments made by this 
Act, is to provide assistance to orphans and other vulnerable children, 
especially such children affected by HIV/AIDS, and in particular, for 
such children in countries heavily affected by HIV/AIDS. To the maximum 
extent practicable, such assistance shall be provided for the direct 
benefit to such orphaned and vulnerable children.

SEC. 4. ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN IN 
              DEVELOPING COUNTRIES.

    Title V of chapter 2 of part I of the Foreign Assistance 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 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 Government.
            ``(3) The United States Government currently administers 
        assistance programs for orphans and other vulnerable children 
        in developing countries. When requested by the Committee on 
        International Relations of the House of Representatives to 
        provide information on the overall number of orphans and other 
        vulnerable children receiving assistance from the United States 
        Agency for International Development in fiscal year 2002, the 
        Agency was only able to report on its HIV/AIDS assistance 
        program, under which the Agency provided assistance to 462,000 
        such orphans and other vulnerable children.
            ``(4) The United States Government should increase its 
        efforts to provide assistance for orphans and other vulnerable 
        children in developing countries, especially those children 
        affected by HIV/AIDS or conflict.
            ``(5) The United States Agency for International 
        Development should establish improved capacity to deliver 
        assistance to orphans and other vulnerable 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 vulnerable children in developing countries.
    ``(b) Declaration of Policy.--Congress, recognizing 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 humanitarian 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, educational, economic, and 
        psychological status of orphans and other vulnerable children 
        in such countries; and
            ``(2) by providing humanitarian and protection assistance 
        to such orphans and other vulnerable children 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 organizations in 
        developing countries to assist households headed by children is 
        necessary due to the increase in the number of such households. 
        Millions of children in these types of households lack basic 
        care, such as access to food and shelter.
            ``(2) Although families and extended families serve as the 
        primary providers of care for these children, when these family 
        care networks break down, and when communities are responsible 
        for raising orphans, these children are cared for in a rich and 
        nurturing environment and remain connected 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.--
            ``(1) In general.--The President is authorized to provide 
        assistance for programs in developing countries to provide 
        basic care for orphans and other vulnerable children.
            ``(2) Activities supported.--Assistance provided under 
        paragraph (1) should be used--
                    ``(A) to support individuals and local 
                organizations, including teachers, social workers, and 
                representatives from religious institutions and 
                nongovernmental organizations, to mobilize their own 
                resources through the strengthening of community care 
                coalitions, networks, or support groups to provide 
                basic care for orphans and other vulnerable children, 
                including day care, food assistance, protection 
                assistance, and home visits;
                    ``(B) to increase the capacity of the community 
                care groups described in subparagraph (A) to meet on a 
                regular basis to identify orphans and other vulnerable 
                children and to facilitate the provision of services; 
                and
                    ``(C) to ensure that the activities of community 
                care groups described in subparagraph (A) include 
                appropriate monitoring and supervision components.
            ``(3) Definition.--In this subsection, the term `protection 
        assistance' means all appropriate measures to promote the 
        physical and psychological security 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 ORPHANS 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 infected 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 transmission. Every year, approximately 700,000 
        babies are infected with HIV, of which the majority are living 
        in Africa.
            ``(4) In southern Africa HIV/AIDS is now the leading cause 
        of death among young children, accounting for almost half of 
        such deaths.
            ``(5) Research has shown conclusively that initiation 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 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.
    ``(b) Assistance.--
            ``(1) In general.--The President is authorized to provide 
        assistance for the treatment of orphans and other vulnerable 
        children with HIV/AIDS in developing countries.
            ``(2) Activities supported.--Assistance provided 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 therapies, including 
                generically manufactured pharmaceuticals where 
                appropriate.
                    ``(B)(i) The recruitment and training of 
                individuals to provide the treatment described in 
                subparagraph (A), including the recruitment and 
                training of appropriate support personnel.
                    ``(ii) Such training should include appropriate 
                methodologies relating to initial diagnosis, 
                appropriate dosages of pharmaceuticals, monitoring, 
                medication adherence techniques, treatment for any 
                complications resulting from such pharmaceuticals, and 
                psychosocial support for vulnerable children and their 
                caregivers.
                    ``(C) Activities of medical laboratories relating 
                to the treatment described in subparagraph (A), 
                including assistance for the purchase of necessary 
                equipment.

``SEC. 244. ASSISTANCE TO PROVIDE PSYCHOSOCIAL SUPPORT TO ORPHANS AND 
              OTHER VULNERABLE CHILDREN AFFECTED BY HIV/AIDS.

    ``(a) Findings.--Congress finds the following:
            ``(1) Many children who are orphaned as a result of AIDS 
        blame themselves for the death of a parent and many children 
        are separated from siblings, 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 ostracized by peers.
            ``(4) Children living in families affected by HIV/AIDS who 
        are most vulnerable are those children 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 leaders 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 culturally 
appropriate mental health services and psychosocial support for orphans 
and other vulnerable children, and their caregivers.

``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 because of hunger and 
        malnutrition, and the vast majority of these children are young 
        girls.
            ``(2) School food programs, including take-home rations, in 
        developing countries provide strong incentives for parents to 
        send their children to school and ensure that they continue 
        with their education. School food programs may reduce short-
        term hunger, improve cognitive functions, and enhance learning, 
        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 illness 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, immediate and extended families continue to 
        be the primary providers of care and support for these 
        children, and they need direct assistance urgently.
            ``(B) According to a survey by the United States Agency for 
        International Development, orphans and other vulnerable 
        children relied on relatives 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 authorized to provide 
        assistance for school food programs for orphans and vulnerable 
        children in developing countries, especially in such countries 
        heavily affected by HIV/AIDS.
            ``(2) Activities supported.--Assistance provided under 
        paragraph (1) should be used to purchase local or regional 
        foodstuffs, where appropriate, for school food programs.

``SEC. 246. ASSISTANCE TO INCREASE EDUCATIONAL OPPORTUNITIES 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 opportunity to learn skills that they will need 
        to support themselves as they grow older.
            ``(3) According to the International Labor Organization 
        (ILO), approximately 250,000,000 children 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 developing 
        countries, non-formal education plays an important 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 siblings.
            ``(6) Organizations that provide non-formal education can 
        assist the thousands of children in developing countries who 
        are not currently being assisted 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 
        decrease barriers to public primary school enrollment by 
        eliminating school fees and other costs of education, 
        especially in developing countries heavily affected by HIV/
        AIDS. Amounts made available to carry out this paragraph--
                    ``(A) are authorized to be made available to the 
                President for assistance or contributions to 
                nongovernmental organizations and international 
                organizations to achieve the purposes of this 
                paragraph; and
                    ``(B) shall not be used to pay school fees.
            ``(2) Employment training assistance.--The President is 
        authorized to provide assistance for programs in developing 
        countries to provide employment training and related services 
        for orphans and other vulnerable children who are of legal 
        working age, especially for programs in developing countries 
        heavily affected by HIV/AIDS.

``SEC. 247. ASSISTANCE TO PROTECT AND PROMOTE INHERITANCE RIGHTS.

    ``(a) Finding.--Congress finds that orphans and other vulnerable 
children in developing countries, particularly 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 Vulnerable Children.--
            ``(1) Establishment.--There is established within the 
        United States Agency for International Development an Office 
        for Orphans and Other Vulnerable 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.--Subject to the requirements of 
subsection (e), 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 contracts;
            ``(2) contributions to international organizations; or
            ``(3) assistance to the governments of developing 
        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 accordance with 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), including section 102 of such Act 
concerning the coordination of HIV/AIDS programs.
    ``(f) Other Assistance.--
            ``(1) Review or approval of other usaid assistance.--The 
        Director of the Office shall be responsible 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 or other vulnerable 
                children in developing countries; and
                    ``(B) each program, project, or activity relating 
                to such assistance.
            ``(2) Coordination of all U.S. government assistance.--The 
        Director of the Office shall be responsible for ensuring 
        coordination of all United States Government programs to 
        provide assistance for orphans and other vulnerable children in 
        developing 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 performance goals 
        for the assistance and expresses such goals in an objective and 
        quantifiable form, to the extent feasible.
            ``(2) The monitoring system establishes performance 
        indicators to be used in measuring or assessing the achievement 
        of the performance goals described in paragraph (1).
            ``(3) The monitoring system provides a basis for 
        recommendations for adjustments to the assistance to enhance 
        the impact of the assistance.

``SEC. 250. REPORT.

    ``(a) Report.--Not later than December 31, 2005, and each December 
31 thereafter, 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 following 
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 
                developing country with respect to which projects or 
                activities under the grant, cooperative agreement, 
                contract, contribution, or other form of assistance 
                were carried out, and the approximate number of orphans 
                and other vulnerable children who received direct or 
                indirect assistance under the projects or activities; 
                and
                    ``(B) the results of the monitoring system with 
                respect to the grant, cooperative agreement, 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 orphans and other vulnerable children in 
        developing countries, the information described in paragraph 
        (1)(A).
            ``(3) Of the total amounts of assistance made available in 
        each such fiscal year for orphans and other vulnerable 
        children, 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 under this title or under any other provision of 
        law.

``SEC. 251. AUTHORIZATION OF APPROPRIATIONS; ADDITIONAL PROVISIONS.

    ``(a) Authorization of Appropriation.--
            ``(1) In general.--Of the amounts made available to carry 
        out the provisions of law described in paragraph (2), there are 
        authorized to be appropriated to the President to carry out 
        this title such sums as may be necessary for each of the fiscal 
        years 2005 and 2006.
            ``(2) Provisions of law.--The provisions of law referred to 
        in paragraph (1) are the following:
                    ``(A) The United States Leadership Against HIV/
                AIDS, Tuberculosis, and Malaria 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 countries.
    ``(b) Additional Provisions.--
            ``(1) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under subsection (a) are 
        authorized to remain available 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 pursuant 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 indigenous private 
        voluntary organizations that implement programs on the 
        community level. Amounts provided by for-profit entities to 
        not-for-profit entities from assistance under this title shall 
        not be considered 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 provision of law other than this 
                title may be provided 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 President shall include, as part of 
                the report required 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.
            ``(4) Administrative expenses.--Notwithstanding any other 
        provision of law, amounts made available for assistance for 
        orphans or other vulnerable children in developing countries 
        under this title, or under any provision of law other than this 
        title, may be made available for administrative expenses 
        incurred in carrying out this title for a fiscal year in an 
        amount not to exceed 7 percent of amounts made available for 
        such fiscal year for such purpose under this title, or under 
        such other provision of law, as the case may be.

``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) 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.
            ``(7) Vulnerable children.--The term `vulnerable children' 
        includes children who are neglected, destitute, abandoned, 
        homeless, disabled, suffering from malnutrition, are sexually 
        exploited or abused, or are displaced or otherwise adversely 
        affected 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 provide assistance for 
     orphans and other vulnerable children in developing countries.