[Congressional Record Volume 150, Number 126 (Thursday, October 7, 2004)]
[Senate]
[Pages S10744-S10745]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LUGAR (for himself, Mrs. Boxer, Mr. Chafee, Mr. Feingold, 
        and Mr. Coleman):
  S. 2939. A bill to amend the Foreign Assistance Act of 1961 to 
provide assistance for orphans and other vulnerable children in 
developing countries, and for other purposes; to the Committee on 
Foreign Relations.
  Mr. LUGAR. Mr. President, I rise to introduce the Assistance for 
Orphans and Other Vulnerable Children in Developing Countries Act of 
2004.
  The unprecedented AIDS orphan crisis in sub-Saharan Africa has 
profound implications for political stability, development, and human 
welfare that extend far beyond the region. Sub-Saharan African nations 
stand to lose generations of educated and trained professionals who can 
contribute meaningfully to their countries' development. Orphaned 
children, many of whom are homeless, are more likely to resort to 
prostitution and other criminal behavior to survive. Most 
frighteningly, these uneducated, poorly socialized, and stigmatized 
young adults are extremely vulnerable to being recruited into criminal 
gangs, rebel groups, or extremist organizations that offer shelter and 
food and act as ``surrogate'' families. It is imperative that the 
international community respond to this crisis that threatens stability 
within individual countries, the region, and around the world.
  An estimated 110 million orphans live in sub-Saharan Africa, Asia, 
Latin America, and the Caribbean. The HIV/AIDS pandemic is rapidly 
expanding the orphan population. Currently an estimated 14 million 
children have been orphaned by AIDS, most of whom live in sub-Saharan 
Africa. This number is projected to soar to more than 25 million by 
2010. The pandemic is orphaning generations of African children and is 
compromising the overall development prospects of their countries.
  Most orphans in the developing world live in extremely disadvantaged 
circumstances. Poor communities in the developing world struggle to 
meet the basic food, clothing, health care, and educational needs of 
orphans. Experts recommend supporting community-based organizations to 
assist these children. Such an approach enables the children to remain 
connected to their communities, traditionals, rituals, and extended 
families.
  My bill seeks to improve assistance to orphans and other vulnerable 
children in developing countries. It would require the United States 
Government to develop a comprehensive strategy for providing such 
assistance and would authorize the President to support community-based 
organizations that provide basic care for orphans and vulnerable 
children.
  Orphans are less likely to be in school, and more likely to be 
working full time. Yet only education can help children acquire the 
knowledge and develop the skills they need to build a better future. 
Studies have shown that school food programs provide an incentive for 
children to stay in school. School meals provide basic nutrition to 
children who otherwise do not have access to reliable food.
  For many children, the primary barrier to an education is the expense 
of school fees, uniforms, supplies, and other costs. My bill aims to 
improve enrollment and access to primary school education by supporting 
programs that reduce the negative impact of school fees and other 
expenses. It also would affirm our commitment to international school 
lunch programs.
  Many children who lose one or both parents often face difficulty in 
asserting their inheritance rights. 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 small children--to claim 
property after the death of her husband. This often leaves the most 
vulnerable children impoverished and homeless. My bill seeks to support 
programs that protect the inheritance rights of orphans and widows with 
children.
  The AIDS orphan crisis in sub-Saharan Africa has implications for 
political stability, development, and human welfare that extend far 
beyond the region, affecting governments and people worldwide. Every 14 
seconds another child is orphaned by AIDS. Turning the tide on this 
crisis will require a coordinated, comprehensive, and swift response. I 
am hopeful that Senators will join me in backing this legislation, and 
I ask consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2939

       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 makes the following findings:
       (1) More than 110,000,000 orphans live in sub-Saharan 
     Africa, Asia, Latin America, and the Caribbean. 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 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.

[[Page S10745]]

       (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 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. ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE 
                   CHILDREN.

       ``(a) Findings.--Congress finds the following:
       ``(1) There are more than 110,000,000 orphans living in 
     sub-Saharan Africa, Asia, Latin America, and the Caribbean.
       ``(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, 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) 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 the age of 18.
       ``(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) 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--
       ``(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) 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 2005 and 2006.
       ``(2) Availability of funds.--Amounts made available under 
     paragraph (1) are authorized to remain available until 
     expended and are in addition to amounts otherwise available 
     for such purposes.
       ``(3) Relationship to other laws.--Amounts made available 
     for assistance pursuant to this subsection, and amounts made 
     available for such assistance pursuant to any other provision 
     of law, may be used to provide such assistance 
     notwithstanding any other provision of law.''.

     SEC. 4. STRATEGY OF THE UNITED STATES.

       (a) Requirement for Strategy.--Not later than 180 days 
     after the date of enactment of this Act, the President shall 
     develop, and submit to the appropriate congressional 
     committees, a strategy for coordinating, implementing, and 
     monitoring assistance programs for orphans and vulnerable 
     children.
       (b) Consultation.--The President should consult with 
     employees of the field missions of the United States Agency 
     for International Development in developing the strategy 
     required by subsection (a) to ensure that such 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. ANNUAL REPORT.

       Not later than one year after the date on which the 
     President submits the strategy required by section 4(a) to 
     the appropriate congressional committees, and annually 
     thereafter, the President shall submit a report to the 
     appropriate congressional committees on the implementation of 
     this Act.

     SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

       In this Act, the term ``appropriate congressional 
     committees'' means the Committee on Appropriations and the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Appropriations and the Committee on 
     International Relations of the House of Representatives.
                                 ______