22 U.S.C. § 2152f — Assistance for orphans and other vulner-

Page 647 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2152f 1 So in original. Probably should be ‘‘living in’’. 2 See References in Text note below. (2) Covered organizations Grants and contracts provided under this section shall be carried out through United States organizations with expertise in the areas described in paragraph (1), including the American Society of Testing Materials, the Underwriters Laboratories, the American So- ciety of Mechanical Engineers, the American Society of Civil Engineers, the American Soci- ety of Heating, Refrigeration, and Air Condi- tioning Engineers, the International Associa- tion of Plumbing and Mechanical Officials, the International Code Council, and the National Fire Protection Association. (Pub. L. 107–228, div. A, title VI, § 688, Sept. 30, 2002, 116 Stat. 1413.) Editorial Notes CODIFICATION Section was enacted as part of the Department of State Authorization Act, Fiscal Year 2003, and also as part of the Foreign Relations Authorization Act, Fiscal Year 2003, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter. § 2152f. Assistance for orphans and other vulner- able children (a) Findings Congress finds the following: (1) There are more than 143,000,000 orphans living 1 sub-Saharan Africa, Asia, Latin Amer- ica, and the Caribbean. Of this number, ap- proximately 16,200,000 children have lost both parents. (2) The HIV/AIDS pandemic has created an unprecedented orphan crisis, especially in sub- Saharan Africa, where children have been hardest hit. The pandemic is deepening pov- erty in entire communities, and is jeopard- izing 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, develop- ment, 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 or- phans and vulnerable children by providing food, health care including treatment of chil- dren living with HIV/AIDS, education ex- penses, and clothing. (5) Famines, natural disasters, chronic pov- erty, ongoing conflicts, and civil wars in de- veloping countries are adversely affecting children in these countries, the vast majority of whom currently do not receive humani- tarian assistance or other support from the United States. (6) The United States Government admin- isters various assistance programs for orphans and other vulnerable children in developing countries. In order to improve targeting and programming of resources, the United States Agency for International Development should develop methods to adequately track the over- all number of orphans and other vulnerable children receiving assistance, the kinds of pro- grams for such children by sector and loca- tion, and any other such related data and analysis. (7) The United States Agency for Inter- national Development should improve its ca- pabilities to deliver assistance to orphans and other vulnerable children in developing coun- tries through partnerships with private volun- teer organizations, including community and faith-based organizations. (8) The United States Agency for Inter- national Development should be the primary United States Government agency responsible for identifying and assisting orphans and other vulnerable children in developing countries. (9) Providing assistance to such children is an important expression of the humanitarian concern and tradition of the people of the United States. (b) Definitions In this section: (1) AIDS The term ‘‘AIDS’’ has the meaning given the term in section 2151b–2(g)(1) 2 of this title. (2) Children The term ‘‘children’’ means persons who have not attained 18 years of age. (3) HIV/AIDS The term ‘‘HIV/AIDS’’ has the meaning given the term in section 2151b–2(g)(3) 2 of this title. (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 sup- port, and promote coping strategies. (c) Assistance The President is authorized to provide assist- ance, including providing such assistance through international or nongovernmental orga- nizations, 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 es- tablishment of community-based organiza- tions 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 Page 648 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2152f 3 So in original. Probably should be ‘‘express’’. while ensuring that adequate resources exist for teacher training and infrastructure; (4) to provide employment training and re- lated services for orphans and other vulner- able 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 psycho- social 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-spe- cific technologies. (d) Monitoring and evaluation (1) Establishment To maximize the sustainable development impact of assistance authorized under this sec- tion, and pursuant to the strategy required in section 4 of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005, the President shall es- tablish a monitoring and evaluation system to measure the effectiveness of United States as- sistance to orphans and other vulnerable chil- dren. (2) Requirements The monitoring and evaluation system shall— (A) establish performance goals for the as- sistance and expresses 3 such goals in an ob- jective and quantifiable form, to the extent feasible; (B) establish performance indicators to be used in measuring or assessing the achieve- ment of the performance goals described in subparagraph (A); and (C) provide a basis for recommendations for adjustments to the assistance to enhance the impact of assistance. (e) Special Advisor for Assistance to Orphans and Vulnerable Children (1) Appointment (A) In general The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall appoint a Special Advisor for Assistance to Orphans and Vulnerable Children. (B) Delegation At the discretion of the Secretary of State, the authority to appoint a Special Ad- visor under subparagraph (A) may be dele- gated by the Secretary of State to the Ad- ministrator of the United States Agency for International Development. (2) Duties The duties of the Special Advisor for Assist- ance to Orphans and Vulnerable Children shall include the following: (A) Coordinate assistance to orphans and other vulnerable children among the rel- evant Federal agencies and officials. (B) Advise the relevant Federal branch agencies and officials to ensure that pro- grams approved for assistance under this section are consistent with best practices, meet the requirements of this chapter, and conform to the strategy outlined in section 4 of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005. (C) Advise the various offices, bureaus, and field missions within the United States Agency for International Development in de- veloping any component of their annual plan, as it relates to assistance for orphans or other vulnerable children in developing countries, to ensure that each program, project, or activity relating to such assist- ance is consistent with best practices, meets the requirements of this chapter, and con- forms to the strategy outlined in section 4 of the Assistance for Orphans and Other Vul- nerable Children in Developing Countries Act of 2005. (D) Coordinate all United States assist- ance to orphans and other vulnerable chil- dren among United States departments and agencies, including the provision of assist- ance relating to HIV/AIDS authorized under the United States Leadership Against HIV/ AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108–25) [22 U.S.C. 7601 et seq.], and the amendments made by such Act (in- cluding section 102 of such Act, and the amendments made by such section, relating to the coordination of HIV/AIDS programs). (E) Establish priorities that promote the delivery of assistance to the most vulnerable populations of orphans and children, par- ticularly in those countries with a high rate of HIV infection among women. (F) Disseminate a collection of best prac- tices to field missions of the United States Agency for International Development to guide the development and implementation of programs to assist orphans and vulnerable children. (G) Administer the monitoring and evalua- tion system established in subsection (d). (H) Prepare the annual report required by section 2152g of this title. (f) Authorization of appropriations (1) In general There is authorized to be appropriated to the President to carry out this section such sums as may be necessary for each of the fiscal years 2006 and 2007. (2) Availability of funds Amounts made available under paragraph (1) are authorized to remain available until ex- pended. (Pub. L. 87–195, pt. I, § 135, as added Pub. L. 109–95, § 3, Nov. 8, 2005, 119 Stat. 2113; amended Pub. L. 116–283, div. A, title XII, § 1284, Jan. 1, 2021, 134 Stat. 3989.) Editorial Notes REFERENCES IN TEXT Section 2151b–2(g) of this title, referred to in subsec. (b)(1), (3), was redesignated section 2151b–2(h) of this Page 649 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2152f title by Pub. L. 110–293, title III, § 301(d)(1), July 30, 2008, 122 Stat. 2951. Section 4 of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005, referred to in subsecs. (d)(1) and (e)(2)(B), (C), is section 4 of Pub. L. 109–95, which is set out as a note under this section. This chapter, referred to in subsec. (e)(2)(B), (C), was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assist- ance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. The United States Leadership Against HIV/AIDS, Tu- berculosis, and Malaria Act of 2003, referred to in sub- sec. (e)(2)(D), is Pub. L. 108–25, May 27, 2003, 117 Stat. 711, which is classified principally to chapter 83 (§ 7601 et seq.) of this title. Section 102 of the Act enacted sec- tion 7612 of this title and amended section 2651a of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7601 of this title and Tables. AMENDMENTS 2021—Subsec. (e)(2)(A). Pub. L. 116–283, § 1284(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘Coordinate assistance to orphans and other vulnerable children among the var- ious offices, bureaus, and field missions within the United States Agency for International Development.’’ Subsec. (e)(2)(B). Pub. L. 116–283, § 1284(2), substituted ‘‘the relevant Federal branch agencies and officials’’ for ‘‘the various offices, bureaus, and field missions within the United States Agency for International De- velopment’’. Statutory Notes and Related Subsidiaries RULE OF CONSTRUCTION Pub. L. 116–283, div. A, title XII, § 1285, Jan. 1, 2021, 134 Stat. 3989, provided that: ‘‘Nothing in the amendments made by this subtitle [enacting section 2152k of this title and amending this section] may be construed to restrict or abrogate any other authorization for United States Agency for International Development activi- ties or programs.’’ FINDINGS Pub. L. 109–95, § 2, Nov. 8, 2005, 119 Stat. 2111, provided that: ‘‘Congress makes the following findings: ‘‘(1) As of July 2004, there were more than 143,000,000 children living in sub-Saharan Africa, Asia, Latin America, and the Caribbean who were identified as orphans, having lost one or both of their parents. Of this number, approximately 16,200,000 children were identified as double orphans, having lost both par- ents—the vast majority of whom died of AIDS. These children often are disadvantaged in numerous and devastating ways and most households with orphans cannot meet the basic needs of health care, food, clothing, and educational expenses. ‘‘(2) It is estimated that 121,000,000 children world- wide 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 ra- tions, in developing countries provide strong incen- tives 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 en- suring that adequate resources exist for teacher training and infrastructure, would help more orphans and other vulnerable children obtain a quality edu- cation. ‘‘(5) The trauma that results from the loss of a par- ent can trigger behavior problems of aggression or emotional withdrawal and negatively affect a child’s performance in school and the child’s social rela- tions. Children living in families affected by HIV/ AIDS or who have been orphaned by AIDS often face stigmatization and discrimination. Providing cul- turally appropriate psychosocial support to such chil- dren can assist them in successfully accepting and adjusting to their circumstances. ‘‘(6) Orphans and other vulnerable children in devel- oping countries routinely are denied their inherit- ance 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 un- precedented orphan crisis, especially in sub-Saharan Africa, where children have been hardest hit. An esti- mated 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 im- prove dramatically. ‘‘(10) Few international development programs spe- cifically target the treatment of children with HIV/ AIDS in developing countries. Reasons for this in- clude the perceived low priority of pediatric treat- ment, 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 chil- dren, extended families and local communities con- tinue to be the primary providers of support for such children. ‘‘(12) The HIV/AIDS pandemic is placing huge bur- dens on communities and is leaving many orphans with little support. Alternatives to traditional or- phanages, such as community-based resource centers, continue to evolve in response to the massive number of orphans that has resulted from the pandemic. ‘‘(13) The AIDS orphans crisis in sub-Saharan Afri- ca 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 Ma- laria Act of 2003 (22 U.S.C. 7673(b)) establishes the re- quirement that not less than 10 percent of amounts appropriated for HIV/AIDS assistance for each of fis- cal years 2006 through 2008 shall be expended for as- sistance for orphans and other vulnerable children af- fected by HIV/AIDS, there is an urgent need to pro- vide assistance to such children prior to 2006. ‘‘(15) Numerous United States and indigenous pri- vate voluntary organizations, including faith-based Page 650 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2152g organizations, provide assistance to orphans and other vulnerable children in developing countries. Many of these organizations have submitted applica- tions for grants to the Administrator of the United States Agency for International Development to pro- vide 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 orga- nizations, including faith-based organizations, will provide greater protection for orphans and other vul- nerable children in developing countries. ‘‘(17) It is essential that the United States Govern- ment adopt a comprehensive approach for the provi- sion 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 pro- grams, increased educational opportunities and em- ployment training and related services, the protec- tion and promotion of inheritance rights for such children, and the treatment of orphans and other vul- nerable children with HIV/AIDS, are made more ac- cessible. ‘‘(18) Assistance for orphans and other vulnerable children can best be provided by a comprehensive ap- proach of the United States Government that— ‘‘(A) ensures that Federal agencies and the pri- vate sector coordinate efforts to prevent and elimi- nate duplication of efforts and waste in the provi- sion 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 com- munities.’’ STRATEGY OF THE UNITED STATES Pub. L. 109–95, § 4, Nov. 8, 2005, 119 Stat. 2116, provided that: ‘‘(a) REQUIREMENT FOR STRATEGY.—Not later than 180 days after the date of enactment of this Act [Nov. 8, 2005], the President shall develop, and transmit to the appropriate congressional committees, a strategy for coordinating, implementing, and monitoring assistance programs for orphans and vulnerable children. ‘‘(b) CONSULTATION.—The strategy described in sub- section (a) should be developed in consultation with the Special Advisor for Assistance to Orphans and Vulner- able Children (appointed pursuant to section 135(e)(1) of the Foreign Assistance Act of 1961 [22 U.S.C. 2152f(e)(1)] (as added by section 3 of this Act)) and with employees of the field missions of the United States Agency for International Development to ensure that the strat- egy— ‘‘(1) will not impede the efficiency of implementing assistance programs for orphans and vulnerable chil- dren; and ‘‘(2) addresses the specific needs of indigenous popu- lations. ‘‘(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 coun- tries; ‘‘(2) a description of the efforts of the head of each such agency or department to coordinate the provi- sion of such assistance with other agencies or depart- ments of the Federal Government or nongovern- mental entities; ‘‘(3) a description of a coordinated strategy, includ- ing coordination with other bilateral and multilat- eral donors, to provide the assistance authorized in section 135 of the Foreign Assistance Act of 1961 [22 U.S.C. 2152f], as added by section 3 of this Act; ‘‘(4) an analysis of additional coordination mecha- nisms or procedures that could be implemented to carry out the purposes of such section; ‘‘(5) a description of a monitoring system that es- tablishes 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).’’ [For definition of ‘‘appropriate congressional com- mittees’’ as used in section 4 of Pub. L. 109–95, set out above, see section 6 of Pub. L. 109–95, set out as a note under section 2152g of this title.] § 2152g. Annual report (a) Report Not later than one year after the date on which the President transmits to the appro- priate congressional committees the strategy required by section 4(a), and annually there- after, the President shall transmit to the appro- priate congressional committees a report on the implementation of this Act and the amendments made by this Act. (b) Contents The report shall contain the following infor- mation for grants, cooperative agreements, con- tracts, contributions, and other forms of assist- ance awarded or entered into under section 2152f of this title: (1) The amount of funding, the name of re- cipient organizations, the location of pro- grams and activities, the status of progress of programs and activities, and the estimated number of orphans and other vulnerable chil- dren who received direct or indirect assistance under the programs and activities. (2) The results of the monitoring and evalua- tion system with respect to assistance for or- phans and other vulnerable children. (3) The percentage of assistance provided in support of orphans or other vulnerable chil- dren affected by HIV/AIDS. (4) Any other appropriate information relat- ing to the needs of orphans and other vulner- able children in developing countries that could be addressed through the provision of as- sistance authorized in section 2152f of this title or under any other provision of law. (Pub. L. 109–95, § 5, Nov. 8, 2005, 119 Stat. 2117.) Editorial Notes REFERENCES IN TEXT Section 4(a), referred to in subsec. (a), is section 4(a) of Pub. L. 109–95, which is set out as a note under sec- tion 2152f of this title. This Act, referred to in subsec. (a), is Pub. L. 109–95, Nov. 8, 2005, 119 Stat. 2111, known as the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005, which enacted this section and section 2152f of this title and enacted provisions set out as notes under this section and sections 2151 and 2152f of this title. For complete classification of this Act to the Code, see Short Title of 2005 Amendment note set out under section 2151 of this title and Tables. CODIFICATION Section was enacted as part of the Assistance for Or- phans and Other Vulnerable Children in Developing Countries Act of 2005, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.