[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 397 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 397

 To amend the Foreign Assistance Act of 1961 to provide assistance to 
children who are orphaned or unaccompanied as a result of the tsunamis 
        that occurred on December 26, 2004, in the Indian Ocean.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 2005

 Mr. Menendez (for himself, Ms. Jackson-Lee of Texas, Mr. Lantos, Mr. 
Towns, Mrs. Maloney, Mr. Hastings of Florida, Mr. McGovern, Mr. Evans, 
  Mr. Owens, and Mr. Rangel) introduced the following bill; which was 
          referred to the Committee on International Relations

_______________________________________________________________________

                                 A BILL


 
 To amend the Foreign Assistance Act of 1961 to provide assistance to 
children who are orphaned or unaccompanied as a result of the tsunamis 
        that occurred on December 26, 2004, in the Indian Ocean.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tsunami Orphans and Unaccompanied 
Children Act of 2005''.

SEC. 2. FINDINGS; DECLARATION OF POLICY.

    (a) Findings.--Congress finds the following:
            (1) Over 160,000 people were killed in the Indian Ocean 
        region as a result of the earthquake and tsunamis that occurred 
        on December 26, 2004.
            (2) Experts estimate that a higher than expected number of 
        those killed were children.
            (3) According to the United Nations, 3 to 5 million people 
        were affected by the disaster. Approximately 1.5 million of 
        those individuals affected are children.
            (4) Experts estimate that the total number of children 
        affected in the tsunamis could reach up to 50 percent. Experts 
        estimate that a significant number of children have been 
        separated from their parents or orphaned.
            (5) Orphaned and unaccompanied children are particularly 
        vulnerable to disease, hunger, and exploitation.
            (6) In the chaotic environment following a disaster when 
        protection mechanisms may not be in place, unaccompanied 
        children are more vulnerable to traffickers and forcible 
        recruitment into militias.
            (7) After a disaster, under-resourced governments, 
        communities, and villages may not be able to independently 
        provide sufficient care and services for orphans and 
        unaccompanied children.
            (8) Unaccompanied children and orphans need immediate care 
        and security in the short-term, as well as a long-term 
        investment in their education, health, and protection.
            (9) Congress recognizes that a number of organizations 
        including UNICEF, Save the Children, World Vision, and the 
        International Committee of the Red Cross 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.
    (b) Declaration of Policy.--It shall be the policy of the United 
States to take prompt and appropriate actions to assist children who 
are orphaned or currently unaccompanied as a result of the tsunamis 
that occurred on December 26, 2004, in the Indian Ocean as an important 
expression of humanitarian concern and the traditions of the United 
States and, in particular, to assist such orphans and unaccompanied 
children by--
            (1) providing assistance for the purpose of identifying and 
        reunifying unaccompanied children with their families;
            (2) providing assistance for the immediate care of 
        unaccompanied children and orphans, including health care, 
        food, shelter, education, psychological counseling, and 
        protection from traffickers; and
            (3) providing for the long-term needs of children not 
        reunified with immediate or extended family members, including 
        long-term placement consistent with international standards and 
        local customs and structures and also providing support for 
        education, healthcare, food, job-training, and psychological 
        counseling.

SEC. 3. AMENDMENT TO THE FOREIGN ASSISTANCE ACT OF 1961.

    Chapter 2 of part I of the Foreign Assistance Act of 1961 (22 
U.S.C. 2166 et seq.) is amended by inserting after title VI the 
following new title:

 ``TITLE VII--ASSISTANCE FOR TSUNAMI ORPHANS AND UNACCOMPANIED CHILDREN

``SEC. 261. AUTHORIZATION OF ASSISTANCE.

    ``(a) In General.--The President, acting through the Administrator 
of the Agency, shall provide assistance to children who are orphaned or 
currently unaccompanied as a result of the tsunamis that occurred on 
December 26, 2004, in the Indian Ocean.
    ``(b) Activities Supported.--Assistance provided under subsection 
(a) shall be used to--
            ``(1) identify and reunify unaccompanied children by--
                    ``(A) identifying, registering, and documenting, as 
                soon as possible, all unaccompanied children;
                    ``(B) attempting to trace each child's immediate 
                family, primary legal or customary care giver, or other 
                extended family member; and
                    ``(C) verifying that the child has been effectively 
                and appropriately placed;
            ``(2) provide immediate care for unaccompanied or orphaned 
        children during the identification and reunification process 
        by--
                    ``(A) providing, food, shelter, and access to 
                education;
                    ``(B) psychological and psychosocial counseling; 
                and
                    ``(C) creating mechanisms to protect against child 
                trafficking, sexual abuse, and attempts to forcibly 
                recruit children into militias; and
            ``(3) provide for the long-term needs of children not 
        reunified with immediate family by--
                    ``(A) attempting to place children with extended 
                family members and relatives;
                    ``(B) providing assistance, if there is no family 
                care available, for children to be placed in foster-
                care or other care approved both by the Agency and 
                local governments;
                    ``(C) providing support for education, healthcare, 
                food, job-training, and psychological counseling once 
                children are placed, including psychological and 
                psychosocial counseling for caregivers and extended 
                family members who are responsible for such children;
                    ``(D) monitoring placement to assure recognition of 
                local customs and support structures;
                    ``(E) monitoring placement to assure that care is 
                consistent with international standards; and
                    ``(F) monitoring the status of the children, in 
                coordination with international nongovernmental 
                organizations and multilateral organizations.
    ``(c) Administrative Provisions.--In carrying out any programs 
under the terms of this section, the Administrator shall--
            ``(1) provide funds for projects to nongovernmental 
        organizations in the United States, multilateral institutions, 
        and international and indigenous nongovernmental organizations 
        with expertise in caring for orphans and unaccompanied 
        children;
            ``(2) coordinate with nongovernmental organizations in the 
        United States, international nongovernmental organizations, and 
        multilateral institutions to avoid duplication, waste, and 
        fraud and ensure efficiency and the maximization of resources;
            ``(3) work closely with local governments and local 
        nongovernmental organizations to develop long-term protection 
        and monitoring mechanisms;
            ``(4) require all governments and nongovernmental 
        organizations that receive assistance under this section to 
        agree to international standards on the treatment of orphans 
        and children; and
            ``(5) coordinate with other departments and agencies of the 
        United States Government that have responsibilities related to 
        child trafficking, child labor, and other issues related to 
        orphans and 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. 262. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to 
Agency's Displaced Children and Orphans Fund to carry out this title 
$80,000,000 for each of the fiscal years 2005 through 2009.
    ``(b) Additional Authorities.--Amounts appropriated pursuant to 
subsection (a)--
            ``(1) are authorized to remain available until expended; 
        and
            ``(2) are in addition to amounts otherwise available for 
        such purposes.
    ``(c) Funding Limitation.--Not more than 7 percent of the amounts 
appropriated pursuant to subsection (a) for a fiscal year may be used 
for administrative expenses.

``SEC. 263. MONITORING SYSTEM.

    ``(a) Establishment.--In order to maximize the sustainable 
development impact of assistance authorized under this title, the 
President shall establish a monitoring system that meets the 
requirements of subsection (b).
    ``(b) Requirements.--The requirements referred to in subsection (a) 
are as follows:
            ``(1) The monitoring system shall establish performance 
        goals for the assistance and express such goals in an objective 
        and quantifiable form, to the fullest extent feasible.
            ``(2) The monitoring system shall establish performance 
        indicators to be used in measuring or assessing the achievement 
        of the performance goals described in paragraph (1).
            ``(3) The monitoring system shall provide a basis for 
        recommendations for adjustments to the levels and type of 
        assistance to enhance the impact of the assistance.

``SEC. 264. REPORT.

    ``(a) Report.--Not later than December 31, 2005, and each December 
31 thereafter until December 31, 2009, the President shall transmit to 
Congress a report that contains a detailed description of the 
implementation of this title for the previous fiscal year.
    ``(b) Contents.--The report shall contain the 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 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 unaccompanied 
                children who received 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 tsunami orphans and unaccompanied children, the 
        information described in paragraph (1)(A).
            ``(3) Any other appropriate information relating to the 
        needs of tsunami orphans or unaccompanied children that could 
        be addressed through the provision of assistance under this 
        title or under any other provision of law.

``SEC. 265. DEFINITIONS.

    ``In this title:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Agency.
            ``(2) Agency.--The term `Agency' means the United States 
        Agency for International Development.
            ``(3) Children.--The term `children' means persons who have 
        not attained the age of 18.
            ``(4) Orphan.--The term `orphan' means a child deprived by 
        death of one or both parents.
            ``(5) Unaccompanied children.--The term `unaccompanied 
        children' means children separated from their family.''.
                                 <all>