[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1550 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1550

 To authorize assistance for the relief of victims of the Indian Ocean 
  tsunami and for the recovery and reconstruction of tsunami-affected 
                               countries.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 12, 2005

  Mr. Hyde (for himself, Mr. Lantos, and Mr. Menendez) introduced the 
 following bill; which was referred to the Committee on International 
                               Relations

_______________________________________________________________________

                                 A BILL


 
 To authorize assistance for the relief of victims of the Indian Ocean 
  tsunami and for the recovery and reconstruction of tsunami-affected 
                               countries.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Indian Ocean 
Tsunami Relief, Recovery, and Reconstruction Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents; definitions.
Sec. 2. Findings.
Sec. 3. Declarations of policy.
Sec. 4. Purposes.
TITLE I--ASSISTANCE FOR RELIEF, RECOVERY, AND RECONSTRUCTION OF PEOPLE 
           AND COUNTRIES AFFECTED BY THE INDIAN OCEAN TSUNAMI

Sec. 101. Assistance for urgent humanitarian needs.
Sec. 102. Assistance for medium- and long-term recovery and 
                            reconstruction.
Sec. 103. Assistance for orphans and unaccompanied children.
Sec. 104. Voluntary contribution to Interpol for disaster victim 
                            identification efforts.
Sec. 105. Activities of the Overseas Private Investment Corporation.
Sec. 106. Assistance for effective public warning systems in foreign 
                            countries.
Sec. 107. Replenishment of funds expended for assistance in the 
                            immediate aftermath of the Indian Ocean 
                            tsunami.
                      TITLE II--GENERAL PROVISIONS

Sec. 201. Coordination of assistance.
Sec. 202. Implementation of assistance.
Sec. 203. Monitoring of assistance.
Sec. 204. Relationship to other authorities.
Sec. 205. Report.
Sec. 206. Authorization of appropriations.
    (c) Definitions.--In this Act:
            (1) All-hazard event.--The term ``all-hazard event'' means 
        an emergency or disaster resulting from--
                    (A) a natural disaster; or
                    (B) an accident or intentional or negligent act 
                that causes widespread damage or harm.
            (2) Children.--The term ``children'' means persons who have 
        not attained the age of 18.
            (3) Effective public warning.--The term ``effective public 
        warning'' means practical, comprehensible, and timely 
        information given to all individuals threatened by an all-
        hazard event sufficient to enable them to act to protect their 
        safety and well-being in a timely manner.
            (4) Indian ocean tsunami; tsunami.--The term ``Indian Ocean 
        tsunami'' or ``tsunami'' means the tsunami that resulted from 
        the earthquake that occurred off the west coast of northern 
        Sumatra, Indonesia, on December 26, 2004.
            (5) Orphan.--The term ``orphan'' means a child deprived by 
        death of one or both parents.
            (6) Unaccompanied children.--The term ``unaccompanied 
        children'' means children separated from their family.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On December 26, 2004, a powerful earthquake measuring 
        9.0 on the Richter Scale occurred off the west coast of 
        northern Sumatra, Indonesia, triggering a tsunami that struck 
        countries throughout South and Southeast Asia, as well as the 
        coast of East Africa.
            (2) The Indian Ocean tsunami caused death and destruction 
        on a massive scale, with more than 200,000 people killed, more 
        than 120,000 people missing, and displacing more than 1,000,000 
        people.
            (3) The earthquake and tsunami affected more than 3,000,000 
        people in more than 11 countries many of whom now lack basic 
        survival requirements and the risk of numerous additional 
        deaths due to shortages of clean water, adequate shelter, food, 
        sanitation, and basic healthcare remains.
            (4) An estimated one-third of those individuals killed or 
        affected by the Indian Ocean tsunami are children.
            (5) Orphans and unaccompanied children are particularly 
        vulnerable to disease, hunger, and exploitation.
            (6) United States relief agencies and the United States 
        military responded with immediate and significant emergency 
        assistance that saved countless lives and provided relief to 
        many individuals in great need in the aftermath of the Indian 
        Ocean tsunami.
            (7) Unprecedented levels of private United States donations 
        to private relief organizations, at least $1,000,000,000 to 
        date, demonstrate the tremendous generosity of the American 
        people.
            (8) The United States and the international community have 
        to date pledged an estimated $6,400,000,000 in emergency and 
        medium- and long-term reconstruction assistance for countries 
        affected by the Indian Ocean tsunami.
            (9) Numerous international nongovernmental organizations 
        have contributed greatly to the humanitarian response by 
        providing relief to the millions who survived the Indian Ocean 
        tsunami.
            (10) Some national governments, municipal governments, and 
        local communities in the Indian Ocean region require assistance 
        to provide basic services for their citizens, including for 
        orphans and unaccompanied children.
            (11) A number of organizations, including the United 
        Nations Children's Fund (UNICEF), Save the Children, World 
        Vision, the International Committee of the Red Cross, and other 
        organizations, are leading the effort to reunify children with 
        their families, provide protection against traffickers, and 
        provide food, shelter, education, counseling, and many other 
        vital services.
            (12) The International Early Warning Program identified the 
        following four elements of effective early warning systems:
                    (A) Prior knowledge of the risks faced by 
                communities.
                    (B) Technical monitoring of hazards.
                    (C) Getting understandable warnings to those at 
                risk.
                    (D) Knowledge and preparedness of how to act by 
                those threatened by disasters.

SEC. 3. DECLARATIONS OF POLICY.

    Congress makes the following declarations of policy:
            (1) The large-scale destruction and loss of life caused by 
        the Indian Ocean tsunami requires a robust and appropriate 
        humanitarian response by the United States to assist and 
        promote the relief and recovery of individuals and communities 
        affected by the Indian Ocean tsunami.
            (2) The United States is committed to providing assistance 
        for the medium- and long-term relief of victims of the Indian 
        Ocean tsunami and for the recovery and reconstruction of 
        communities in countries affected by the tsunami.
            (3) The United States is committed to working with 
        international partners, including the United Nations, donor 
        countries, international financial institutions, and 
        international and indigenous nongovernmental organizations to 
        assist in the medium- and long-term recovery and reconstruction 
        of those communities in countries affected by the tsunami.
            (4) The United States is committed to working with host 
        governments, municipal governments, local communities, and 
        local civil society organizations, in implementing immediate 
        humanitarian assistance and medium- and long-term recovery and 
        reconstruction assistance to ensure that priority needs are 
        met.
            (5) In areas of civil conflict, it shall be the policy of 
        the United States to utilize civilian international and 
        indigenous humanitarian relief organizations to the greatest 
        extent possible in the direct implementation of disaster 
        relief. Such policy requires the Government of the United 
        States to urge the respective national governments to engage 
        all relevant conflict parties to create an environment which 
        promotes the safe and unimpeded access to the disaster region.
            (6) It shall be the policy of the United States in civil 
        conflict areas to prioritize its humanitarian assistance to the 
        greatest extent possible toward the most vulnerable groups, 
        including children, women, and persons with disabilities. Women 
        and children in particular are at the greatest risk of being 
        trafficked into extremely abusive situations, and frequently 
        are forced to become combatants in a civil conflict.

SEC. 4. PURPOSES.

    The purposes of this Act are--
            (1) to provide assistance for the urgent humanitarian needs 
        of the people and communities in countries affected by the 
        Indian Ocean tsunami;
            (2) to provide assistance for the medium- and long-term 
        recovery and reconstruction needs of the people and communities 
        in countries affected by the Indian Ocean tsunami;
            (3) to provide assistance to children who are orphaned or 
        currently unaccompanied as a result of the Indian Ocean 
        tsunami;
            (4) to provide assistance for regional and international 
        programs to develop and establish effective public warning 
        systems in foreign countries in order to respond to all-hazard 
        events; and
            (5) to replenish United States Government funds that were 
        expended to provide assistance in the immediate aftermath of 
        the Indian Ocean tsunami so as to render such funds available 
        for future foreign assistance objectives of the United States.

TITLE I--ASSISTANCE FOR RELIEF, RECOVERY, AND RECONSTRUCTION OF PEOPLE 
           AND COUNTRIES AFFECTED BY THE INDIAN OCEAN TSUNAMI

SEC. 101. ASSISTANCE FOR URGENT HUMANITARIAN NEEDS.

    (a) Authorization.--In accordance with the provisions of section 
491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292), the 
President is authorized to provide assistance, on such terms and 
conditions as the President may determine, to meet the urgent 
humanitarian needs of the people and communities in countries affected 
by the Indian Ocean tsunami.
    (b) Activities Supported.--Assistance provided under subsection (a) 
shall, to the maximum extent practicable, be used to provide--
            (1) emergency food, shelter, and medical assistance;
            (2) clean drinking water and sanitation;
            (3) preventative health care, including childhood 
        vaccination, therapeutic feeding, maternal child health 
        services, psychosocial services, and infectious diseases 
        surveillance and treatment;
            (4) family tracing and reunification services; and
            (5) support for the recovery of economic livelihoods of 
        families.

SEC. 102. ASSISTANCE FOR MEDIUM- AND LONG-TERM RECOVERY AND 
              RECONSTRUCTION.

    (a) Authorization.--In accordance with the provisions of part I of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the 
President is authorized to provide assistance, on such terms and 
conditions as the President may determine, to meet the medium- and 
long-term recovery and reconstruction needs of the people and 
communities in countries affected by the Indian Ocean tsunami.
    (b) Activities Supported.--Assistance provided under subsection (a) 
shall, to the maximum extent practicable, be used to carry out the 
following activities:
            (1) Rebuilding health clinics, hospitals, and other health 
        infrastructure.
            (2) Providing training and capacity-building assistance, 
        with a particular emphasis on training and assistance for women 
        and children.
            (3) Restoring and rehabilitating water and sanitation 
        services, including disease control services.
            (4) Providing care and support to orphans and unaccompanied 
        children.
            (5) Rebuilding and re-equipping schools, community centers, 
        and other social and educational facilities.
            (6) Providing training and capacity-building assistance to 
        educators and administrators, with a particular emphasis on 
        training and assistance for women.
            (7) Rebuilding the transportation infrastructure.
            (8) Reconstructing the rural and urban infrastructure, with 
        a particular emphasis on the reconstruction of roads and 
        bridges.
            (9) Rebuilding and restoring the agricultural 
        infrastructure and productivity.
            (10) Promoting efforts to restore economic livelihoods 
        supports, such as microenterprise and microfinance programs.
            (11) Promoting environmental management.
            (12) Improving disaster preparedness and management 
        systems.
            (13) Improving anti-corruption and transparency mechanisms.
    (c) Targeting of Assistance.--In light of the unprecedented levels 
of private donations to relief organizations in response to the Indian 
Ocean tsunami, and in order to increase efficiency, avoid duplication, 
and coordinate the division of labor among assistance providers, the 
President should, to the maximum extent practicable--
            (1) direct United States assistance under this section to 
        activities and sectors that can provide a comparative advantage 
        over privately-funded assistance, including such sectors as 
        physical infrastructure and private sector recovery; and
            (2) design the delivery of United States assistance under 
        this section to make a significant improvement in the 
        performance and the long-term sustainability in the damaged 
        sector targeted for assistance.

SEC. 103. ASSISTANCE FOR ORPHANS AND UNACCOMPANIED CHILDREN.

    (a) Authorization.--The President shall provide assistance to 
children who are orphaned or currently unaccompanied as a result of the 
Indian Ocean tsunami.
    (b) Activities Supported.--Assistance provided under subsection (a) 
should include programs to--
            (1) identify and register unaccompanied children and 
        reunify them with their immediate families, or extended 
        families, when necessary;
            (2) provide immediate care and counseling for orphans and 
        unaccompanied children during the identification and 
        reunification process;
            (3) create mechanisms to protect against child trafficking, 
        sexual abuse, and attempts to forcibly recruit children into 
        militias; and
            (4) provide for the long-term needs of children not 
        reunified with immediate family.
    (c) Administrative Provisions.--In carrying out any programs under 
the terms of this section, the President shall--
            (1) provide funds for projects to United States 
        nongovernmental organizations, multilateral institutions, and 
        international and indigenous nongovernmental organizations with 
        expertise in caring for orphans and unaccompanied children;
            (2) require all governments and nongovernmental 
        organizations that receive assistance under this section to 
        agree to international standards on the treatment of orphans 
        and children; and
            (3) 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 unaccompanied children.
    (d) Terms and Conditions.--Assistance under this section may be 
provided on such other terms and conditions as the President may 
determine.

SEC. 104. VOLUNTARY CONTRIBUTION TO INTERPOL FOR DISASTER VICTIM 
              IDENTIFICATION EFFORTS.

    Of the amounts authorized to be appropriated to the Department of 
State for ``Voluntary Contributions to International Organizations'' 
for fiscal years 2005 and 2006, $500,000 for each such fiscal year is 
authorized to be appropriated for a United States contribution to 
Interpol for its disaster victim identification efforts relating to the 
Indian Ocean tsunami.

SEC. 105. ACTIVITIES OF THE OVERSEAS PRIVATE INVESTMENT CORPORATION.

    It is the sense of Congress that the Overseas Private Investment 
Corporation should, in accordance with its development mandate and its 
commitment to fostering private investment and enhancing the ability of 
private enterprise to make its full contribution to the development 
process, exercise its authorities under title IV of chapter 2 of part I 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.) to 
further increase efforts to promote and support United States-sponsored 
private investment in countries affected by the Indian Ocean tsunami, 
including--
            (1) issuing loans, guaranties, and insurance, to support 
        infrastructure reconstruction, housing, small- and medium-sized 
        enterprises, fishing and tourism, and other projects, as 
        appropriate; and
            (2) undertaking a special initiative that includes--
                    (A) carrying out an outreach program to involve 
                United States businesses in the recovery process and 
                exploring potential new public-private partnerships, 
                supported by the Corporation, which will assist those 
                affected countries; and
                    (B) consulting and coordinating with host country 
                governments and international financial institutions to 
                promote private investment in priority sectors.

SEC. 106. ASSISTANCE FOR EFFECTIVE PUBLIC WARNING SYSTEMS IN FOREIGN 
              COUNTRIES.

    (a) Authorization.--The President is authorized to provide 
assistance for regional and international programs, including providing 
such assistance through the United Nation's International Early Warning 
Program to develop and establish effective public warning systems in 
foreign countries in order to respond to all-hazard events.
    (b) Activities Supported.--Assistance provided under subsection (a) 
shall, to the maximum extent practicable, be used to--
            (1) develop monitoring technologies and systems;
            (2) establish communications infrastructure necessary to 
        provide effective public warnings;
            (3) provide technical expertise and training to foreign 
        countries about risk assessment procedures and the design and 
        deployment of effective public warning systems;
            (4) establish public education campaigns that inform local 
        populations about the proper ways to react to effective public 
        warnings concerning all-hazard events so as to minimize the 
        loss of life and property.

SEC. 107. REPLENISHMENT OF FUNDS EXPENDED FOR ASSISTANCE IN THE 
              IMMEDIATE AFTERMATH OF THE INDIAN OCEAN TSUNAMI.

    (a) Replenishment.--From amounts available to carry out this Act, 
there is authorized to be appropriated to the President such sums as 
may be necessary to replenish funds expended under the provisions of 
law described in subsection (b) for assistance provided in the 
immediate aftermath of the Indian Ocean tsunami.
    (b) Provisions of Law.--The provisions of law referred to in 
subsection (a) are the following:
            (1) Chapter 9 of part I of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2292 et seq.; relating to international 
        disaster assistance).
            (2) Section 506 of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2318; relating to emergency drawdown authority).
            (3) Title II of the Agricultural Trade Development and 
        Assistance Act of 1954 (7 U.S.C. 1721 et seq.; relating to 
        emergency food assistance).
            (4) Section 2(c)(1) of the Migration and Refugee Assistance 
        Act of 1962 (22 U.S.C. 2601(c)(1); relating to the United 
        States Emergency Refugee and Migration Assistance Fund).
            (5) Section 404 of title 10, United States Code.
            (6) Other authorities exercised by the Department of 
        Defense for emergency relief response activities.

                      TITLE II--GENERAL PROVISIONS

SEC. 201. COORDINATION OF ASSISTANCE.

    (a) Coordination.--The President, acting through the Secretary of 
State, shall consult and coordinate with the United Nations, 
international financial institutions, and governments of countries 
affected by the Indian Ocean tsunami in the implementation and delivery 
of assistance under title I of this Act to ensure that the priority 
needs identified by the governments of such countries are met.
    (b) Designation of Senior Government Official.--In order to ensure 
that assistance under title I of this Act is implemented in a 
transparent, efficient, and effective manner and targets those people 
and communities that are most in need, the President shall designate a 
senior official of the United States Government who shall be 
responsible for--
            (1) designing an overall strategy to define and advance the 
        objectives of assistance under title I of this Act;
            (2) ensuring program and policy coordination among 
        departments and agencies of the United States Government in 
        carrying out the policies set forth in this Act;
            (3) coordinating with other countries and international 
        organizations with respect to assistance authorized by this 
        Act;
            (4) ensuring proper management, implementation, and 
        oversight by departments and agencies of the United States 
        Government that are responsible for assistance programs 
        authorized by this Act; and
            (5) resolving policy and program disputes among departments 
        and agencies of the United States Government with respect to 
        assistance authorized by this Act.

SEC. 202. IMPLEMENTATION OF ASSISTANCE.

     The Administrator of the United States Agency for International 
Development shall have primary responsibility for providing assistance 
under title I of this Act, under the overall foreign policy guidance of 
the Secretary of State.

SEC. 203. MONITORING OF ASSISTANCE.

    (a) General Authorities.--
            (1) Comptroller general.--The Comptroller General of the 
        United States shall monitor the provision of assistance under 
        this Act.
            (2) Inspector general of usaid.--The Inspector General of 
        the United States Agency for International Development shall 
        conduct audits, inspections, and other activities, as 
        appropriate, associated with the expenditure of funds by the 
        Agency--
                    (A) before the date of the enactment of this Act 
                for assistance for the relief and recovery of victims 
                of the Indian Ocean tsunami and for the reconstruction 
                of tsunami-affected countries; and
                    (B) to carry out title I of this Act.
            (3) Inspector general of department of defense.--The 
        Inspector General of the Department of Defense shall conduct 
        audits, inspections, and other activities, as appropriate, 
        associated with the expenditure of funds by the Department of 
        Defense before the date of the enactment of this Act for the 
        relief and recovery of victims of the Indian Ocean tsunami.
    (b) Transparency and Monitoring Mechanism.--
            (1) In general.--In order to ensure that assistance 
        provided under title I of this Act is implemented in a 
        transparent, efficient, and effective manner, and targets those 
        people and communities who are most in need, the Secretary of 
        State is authorized to establish a transparency and monitoring 
        mechanism that meets the requirements of paragraph (2).
            (2) Requirements.--The requirements referred to in 
        subsection (a) are the following:
                    (A) The mechanism shall monitor the coordination 
                and integration of United States assistance with 
                assistance from the international donor community.
                    (B) The mechanism shall assess the implementation 
                of assistance by the United Nations and international 
                financial institutions.
                    (C) The mechanism shall assess the efforts of the 
                governments of tsunami-affected countries to ensure 
                assistance adequately reaches affected communities.

SEC. 204. RELATIONSHIP TO OTHER AUTHORITIES.

    The President is authorized to use authorities contained in other 
provisions of law to carry out the purposes of this Act, including 
chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151 et seq.), title II of the Agricultural Trade Development and 
Assistance Act of 1954 (7 U.S.C. 1721 et seq.), the Food for Progress 
Act of 1985 (7 U.S.C. 1736o), and, with respect to United States 
military assistance, sections 402 and 404 of title 10, United States 
Code.

SEC. 205. REPORT.

    (a) Report.--Not later than 45 days after the date of enactment of 
this Act, and every 6 months thereafter until all amounts available to 
carry out this Act are obligated and expended, the President shall 
transmit to the Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the Senate a 
report on the implementation of this Act.
    (b) Contents.--The report shall include the following:
            (1) A description of the distribution of duties and 
        responsibilities regarding activities authorized by this Act 
        among departments and agencies of the United States Government, 
        including the Department of State, the United States Agency for 
        International Development, and the Department of Defense.
            (2) A detailed plan that describes the roles and 
        responsibilities of foreign governments and international 
        organizations, including the United Nations, in carrying out 
        activities related to the relief and recovery of victims of the 
        Indian Ocean tsunami and for the reconstruction of tsunami-
        affected countries.
            (3) A strategy for the coordination of activities described 
        in paragraphs (1) and (2) among the United States Government, 
        foreign governments, and international organizations, including 
        the United Nations.
            (4) An initial and revised estimates of the costs expected 
        to be associated with such activities.
            (5) A strategy for the distribution of the responsibility 
        for paying costs associated with such activities among the 
        United States Government, foreign governments, and 
        international organizations, including the United Nations.

SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
President to carry out this Act $950,000,000 for fiscal year 2006.
    (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are authorized to 
remain available until expended.
                                 <all>