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(iii) Other such purposes as the interagency implementation and monitoring team may deem significant with respect to the performance assessment of a grantee. (B) The Secretary of Veterans Affairs may provide program monitoring and evaluation services and staff to participating Federal agencies. In such cases, participating Federal agencies may reimburse such Secretary, as appropriate.
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(f) Provisions and requirements applicable to grants under this subtitle
(1) In general
A grantee under this subtitle shall establish and operate a system of assistance to chronically homeless persons that identifies such persons and provides to such persons access to affordable permanent housing that is coordinated with appropriate treatment and support.
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(2) Required grantee activities
A grantee under this subtitle shall carry out, directly or through arrangements with a network of other entities, the following: (A) Housing activities
Eligible activities specified in section 495B(a) that ensure the placement of chronically homeless persons in safe, affordable, permanent housing. (B) Treatment and support activities
Eligible activities specified in section 495C(a) to address the multiple physical health, mental health, and substance abuse treatment needs of chronically homeless persons who are eligible for or residents in housing under section 495B(a).
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(C) Service coordination
Activities, including those coordinated with local planning bodies, that promote the access of eligible chronically homeless persons to a range of services that contribute to self-sufficiency, recovery, employment, stability in housing, and access to health care. (D) Administration
Administrative and planning activities, including the development and implementation of comprehensive plans for housing and services at the grantee level with costs not to exceed 6 percent of total costs of carrying out the program under this subtitle. (E) Other services
Such services and activities as the participating Federal agencies may find necessary and appropriate.
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(3) Criteria for grant award
The criteria for the award of grants under this subtitle shall include the following: (A) The extent to which the applicant demonstrates an understanding of the unique characteristics of chronically homeless persons. (B) The adequacy of the applicant’s approach in addressing the needs of the chronically homeless. (C) The capacity of the applicant to carry out and sustain required activities. (D) Where services are to be provided through a network of entities, the adequacy of the qualifications of such entities and the stated willingness of such entities to collaborate and participate in carrying out proposed activities.
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(E) The extent to which the applicant has been involved in Federal, State, or local non-homeless specific programs of assistance that could provide additional assistance to eligible chronically homeless persons. (F) The commitment and the demonstrated ability of the applicant to enumerate the reduction in the number of chronically homeless persons. (G) Such additional criteria as the participating Federal agencies may deem significant or necessary with respect to the applicant’s potential success in carrying out the purpose of this subtitle. (4) Initial term of grant
Notwithstanding any other provision of law, each grant shall be for an initial term of 3 years.
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(5) Grant renewal
The participating Federal agencies may award on a competitive basis a renewal grant under this subtitle for additional 3-year terms, subject to the grantee’s continued qualification for the grant as determined by the participating Federal agencies. The amount of a renewal grant under this paragraph may be up to 50 percent of the cost of the program. (6) Federal matching
(A) In general
A grant under this subtitle shall be available to pay the Federal share of the costs incurred by the grantee for activities under this subtitle.
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(B) Federal share
For purposes of subparagraph (A), the Federal share shall be 75 percent of the cost of the program for the first year of the grant, 75 percent for the second year, and 50 percent for each succeeding year, including each year of a renewal grant term under paragraph (5). (C) Non-federal share
The non-Federal share of costs incurred by the grantee may be in cash or in-kind, as appropriate.
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(7) Geographic distribution
The participating Federal agencies shall ensure that consideration is given to geographic distribution (such as urban and rural areas) in the awarding of grants under subsection (a). (8) Disclosure
Section 12(a) of the Department of Housing and Urban Development Act ( 42 U.S.C. 3537a(a) ) shall not apply to this subtitle.
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(g) Authorization of appropriations
(1) There are authorized to be appropriated to carry out this subtitle $70,000,000 for fiscal year 2005, of which— (A) $50,000,000 is authorized to be appropriated to the Department of Housing and Urban Development; (B) $10,000,000 is authorized to be appropriated to the Department of Health and Human Services; and (C) Up to $10,000,000 is authorized from the amounts to be appropriated to the Department of Veterans Affairs for treatment of homeless veterans under Medical Care to carry out section 495D.
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(2) There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006, 2007, and 2008. (h) Authority to consolidate funds
(1) In general
For purposes of carrying out the program under this subtitle, in accordance with the agreement under subsection (a), the participating Federal agencies are authorized to transfer to the administering Secretary funds appropriated for use under this subtitle, and the administering Secretary may receive such funds.
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(2) Construction
In the event that, notwithstanding subsection (g), funds are not appropriated for use in accordance with this subtitle to one or more participating Federal agencies in any fiscal year, paragraph (1) shall not be construed to require a participating Federal agency that has been provided with budget authority pursuant to subsection (g) in a fiscal year to use such budget authority to fund grants for activities that are not in accordance with the primary mission of such participating Federal agency.
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(i) Technical assistance and support
In addition to funds otherwise provided for agency administrative costs, up to 2 percent of amounts appropriated for the activities under this subtitle may be used by the participating Federal agencies for administrative costs, including to— (1) provide technical assistance to applicants and grantees; and (2) provide support and assistance in selecting and assessing projects to carry out the purpose of this subtitle, including any preparation necessary for such selection and assessment. 495B.
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Housing activities
(a) Eligible housing activities
Subject to the provisions of section 495A, a grant under this subtitle shall be used for activities in support of permanent housing for chronically homeless persons, including the following: (1) Provision of housing
(A) Acquisition
The acquisition of occupancy-ready real property. (B) Rehabilitation
The minor rehabilitation of real property for housing. (C) Operating costs
The costs of operating a housing project, including salaries and benefits, maintenance, insurance, utilities, replacement reserve accounts, and furnishings.
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(D) Leasing
Leasing of an existing structure or structures, or portions thereof to provide housing. (E) Housing counseling
The costs of counseling and advice services with respect to property maintenance, financial management, and other such matters as may be appropriate to assist chronically homeless persons in obtaining housing. (2) Rental assistance
Project-based or tenant-based rental assistance for chronically homeless persons, which assistance shall be provided to the extent practicable in the manner provided under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ).
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(3) Other activities
Such other activities as the Secretary of Housing and Urban Development determines to be appropriate. (b) Program requirements for housing activities
(1) Requirements concerning real property
(A) Use restriction
Each grantee under this subtitle shall ensure that permanent housing projects for chronically homeless persons that are acquired or rehabilitated with grant amounts under this subtitle are used for such persons for not less than 10 years.
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(B) Housing quality
Each grantee under this subtitle shall ensure that housing assisted with grant amounts provided under this subtitle is decent, safe, and sanitary and complies with all applicable State and local housing codes, building codes, and licensing requirements in the jurisdiction in which the housing is located.
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(C) Prevention of undue benefit
Subject to the provisions of section 495A(e), the Secretary of Housing and Urban Development may prescribe such terms and conditions as such Secretary considers necessary to prevent grantees from unduly benefiting from the sale or other disposition of projects, other than a sale or other disposition resulting in the use of a project for the direct benefit of chronically homeless persons. (2) Homeless management information system
Each grantee shall be required to provide such information to the appropriate administrator of the local homeless management information system, as is necessary for the implementation and operation of homeless management information systems.
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495C. Treatment and support services
Subject to the provision of section 495A, a grant under this subtitle shall be used to provide treatment and support services, which may include the following: (1) Primary health services
Primary health services, including the following: (A) Physician and other services
Health services related to family medicine, internal medicine, pediatrics, obstetrics, or gynecology that are furnished by physicians and where appropriate, physicians’ assistants, nurse practitioners, and nurse midwives. (B) Diagnostic services
Diagnostic laboratory and radiological services.
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(C) Preventive services
Preventive health services. (D) Emergency services
Emergency medical services. (E) Access to pharmaceutical services
Access to pharmaceutical services.
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(2) Alcohol and drug abuse services
Services or activities designed to prevent, deter, reduce, or eliminate substance abuse or addictive behaviors, including a comprehensive range of personal and family counseling methods, early interventions, methadone treatment for opiate abusers, or detoxification for alcohol and other drug abusers, and treatment services such as intake and assessment, behavioral therapy and counseling, clinical and case management, pharmacotherapies, and self-help and peer support activities.
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(3) Mental health and counseling services
Mental health and counseling services, including services and activities that apply therapeutic processes to personal, family, or situational problems in order to bring about a positive resolution of the problem or improved individual functioning or circumstances, including crisis interventions, individual supportive therapy, and prescription of psychotropic medications or explanations about the use and management of medications. (4) Outreach and engagement
Outreach services including extending services or help to homeless persons to develop a relationship of trust and engage such persons into appropriate service programs.
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(5) Information and referral
Services or activities designed to provide information about services and assistance provided through public and private programs, including Federal, State and local non-homeless targeted programs that provide or financially support the provision of medical, social, educational, or other related services, and a brief assessment of client needs to facilitate appropriate referrals. (6) Case management
Case management services and activities, including the arrangement, coordination, monitoring, and delivery of services to meet the needs of individuals who are homeless, including individual service plan development, counseling, monitoring, securing and coordinating services.
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(7) Other services
Such other services as the Secretary of Health and Human Services determines appropriate. 495D. Veterans’ benefits
Subject to the provisions of section 495A, the Secretary of Veterans Affairs is authorized to provide eligible veterans with case management services. 495E. Authority of other federal agencies to participate under this subtitle
Federal agencies, in addition to the Secretaries of Housing and Urban Development, Health and Human Services, and Veterans Affairs, may participate under the provisions of this subtitle to the extent funds are appropriated to each agency for purposes of participating under the provisions of this subtitle.
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495F. Definitions
For purposes of this subtitle, the following definitions shall apply— (1) Administering secretary
The term administering Secretary shall mean the Secretary designated as responsible for administration of the grant program under this subtitle by the agreement authorized in section 495A(a). (2) Chronically homeless person
The term chronically homeless person means an unaccompanied disabled individual who has been sleeping in one or more places not meant for human habitation or in one or more emergency homeless shelters for over one year or who has had four or more periods of homelessness over three years.
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(3) Disabled individual
The term disabled individual means an individual whose ability to work or perform one or more activities of daily living is limited due to— (A) a diagnosable substance use disorder, serious mental illness, developmental disability, or chronic physical illness or disability; or (B) the co-occurrence of two or more of these conditions. (4) Eligible entity
The term eligible entity means a State, unit of general local government, public housing agency, local workforce investment board and private nonprofit organization, including a faith-based or community-based organization.
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(5) Eligible veteran
The term eligible veteran means a person who served in the active military, naval, or air service, and who was discharged or released under conditions other than dishonorable. (6) Homeless management information system
The term Homeless Management Information System shall mean a computerized data collection application maintained by an eligible entity, that— (A) enumerates the homeless population within the jurisdiction of the eligible entity and the number of homeless individuals that received services from the eligible entity; and (B) captures information on the characteristics and service needs of homeless individuals.
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(7) Interagency implementation and monitoring team
The term interagency implementation and monitoring team shall mean a group of representatives appointed by each participating Federal agency, which shall coordinate among each other in implementing the provisions of this subtitle in accordance with subsection 495A(d) and which shall coordinate the review and oversight of program grantees under this subtitle. (8) Participating federal agency
The term participating Federal agency shall mean the Secretaries of Housing and Urban Development, Health and Human Services, and Veterans Affairs, or any other Federal agency that may receive appropriations for purposes of participating under the provisions of this subtitle.
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(9) Private nonprofit organization
The term private nonprofit organization means a private organization— (A) no part of the net earnings of which inures to benefits of any member, founder, contributor, or individual; (B) that has a voluntary board; and (C) that has an accounting system or a designated fiscal agent in accordance with requirements established by the participating Federal agencies. (10) Public housing agency
The term public housing agency has the same meaning as in section 3(b)(6) of the United States Housing Act of 1937 ( 42 U.S.C.
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1437a(b)(6) ). (11) State
The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, or any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive officer to act on behalf of the State with regard to provisions of this subtitle.
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(12) Unit of general local government
The term unit of general local government means— (A) a city, town, township, county, parish, village, or other general purpose political subdivision of a State; and (B) any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive officer to act on behalf of the jurisdiction with regard to provisions of this subtitle.
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1. Short title
This Act may be cited as the Northern Mariana Islands Delegate Act. 2. Delegate to House of Representatives from Commonwealth of the Northern Mariana Islands
The Commonwealth of the Northern Mariana Islands shall be represented in the United States Congress by the Resident Representative to the United States authorized by section 901 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (approved by Public Law 94–241 ( 48 U.S.C. 1801 et seq. )).
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The Resident Representative shall be a nonvoting Delegate to the House of Representatives, elected as provided in this Act. 3. Election of delegate
(a) Electors and time of election
The Delegate shall be elected— (1) by the people qualified to vote for the popularly elected officials of the Commonwealth of the Northern Mariana Islands; and (2) at the Federal general election of 2006 and at such Federal general election every 2d year thereafter.
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(b) Manner of election
(1) In General
The Delegate shall be elected at large and by a plurality of the votes cast for the office of Delegate. (2) Effect of Establishment of Primary Elections
Notwithstanding paragraph (1), if the Government of the Commonwealth of the Northern Mariana Islands, acting pursuant to legislation enacted in accordance with the Constitution of the Commonwealth of the Northern Mariana Islands, provides for primary elections for the election of the Delegate, the Delegate shall be elected by a majority of the votes cast in any general election for the office of Delegate for which such primary elections were held.
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(c) Vacancy
In case of a permanent vacancy in the office of Delegate, the office of Delegate shall remain vacant until a successor is elected and qualified. (d) Commencement of term
The term of the Delegate shall commence on the 3d day of January following the date of the election. 4. Qualifications for Office of Delegate
To be eligible for the office of Delegate a candidate shall— (1) be at least 25 years of age on the date of the election;
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(2) have been a citizen of the United States for at least 7 years prior to the date of the election; (3) be a resident and domiciliary of the Commonwealth of the Northern Mariana Islands for at least 7 years prior to the date of the election; (4) be qualified to vote in the Commonwealth of the Northern Mariana Islands on the date of the election; and (5) not be, on the date of the election, a candidate for any other office. 5.
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Determination of election procedure
Acting pursuant to legislation enacted in accordance with the Constitution of the Commonwealth of the Northern Mariana Islands, the Government of the Commonwealth of the Northern Mariana Islands may determine the order of names on the ballot for election of Delegate, the method by which a special election to fill a permanent vacancy in the office of Delegate shall be conducted, the method by which ties between candidates for the office of Delegate shall be resolved, and all other matters of local application pertaining to the election and the office of Delegate not otherwise expressly provided for in this Act. 6.
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Compensation, privileges, and immunities
Until the Rules of the House of Representatives are amended to provide otherwise, the Delegate from the Commonwealth of the Northern Mariana Islands shall receive the same compensation, allowances, and benefits as a Member of the House of Representatives, and shall be entitled to whatever privileges and immunities are, or hereinafter may be, granted to any other nonvoting Delegate to the House of Representatives. 7.
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Lack of effect on covenant
No provision of this Act shall be construed to alter, amend, or abrogate any provision of the covenant referred to in section 2 except section 901 of the covenant. 8. Definition
For purposes of this Act, the term Delegate means the Resident Representative referred to in section 2.
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1. Permanent resident status for Jen-Hui Tsai
(a) In general
Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Jen-Hui Tsai shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident.
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(b) Adjustment of status
If Jen-Hui Tsai enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act.
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(c) Deadline for application and payment of fees
Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act.
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(d) Reduction of immigrant visa number
Upon the granting of an immigrant visa or permanent residence to Jen-Hui Tsai, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act.
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(e) Denial of preferential immigration treatment for certain relatives
The natural parents, brothers, and sisters of Jen-Hui Tsai shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
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1. Waiver of certain naturalization requirements for Roger Paul Robert Kozik
(a) English language requirement
Notwithstanding his inability to satisfy the requirements of section 312(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1423(a)(1) ), relating to knowledge and understanding of the English language, Roger Paul Robert Kozik shall be deemed eligible for naturalization upon the filing of the appropriate application if otherwise qualified under such Act.
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(b) Civics requirement
Roger Paul Robert Kozik may satisfy the requirements of section 312(a)(2) of such Act ( 8 U.S.C. 1423(a)(2) ) by demonstrating in his native language the knowledge and understanding described in such section. (c) Deadline for application and payment of fees
Subsections (a) and (b) shall apply only if the application for naturalization is filed with appropriate fees not later than 2 years after the date of the enactment of this Act.
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1. Short title
This Act may be cited as the Science Over Politics Act. 2. Findings
The Congress finds as follows: (1) Emergency contraceptive pills ( ECPs ) are approved for use by the Food and Drug Administration ( FDA ). (2) Emergency contraceptive pills are a concentrated dosage of ordinary birth control pills that can dramatically reduce a woman’s chance of becoming pregnant. (3) If ECPs are taken within 72 hours of contraceptive failure or unprotected sex, ECPs can reduce a woman’s risk of pregnancy by up to 89 percent.
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(4) Emergency contraceptive pills do not cause abortion but rather prevent pregnancy by inhibiting ovulation, fertilization, or implantation before a pregnancy occurs. (5) Emergency contraception cannot interrupt or disrupt an established pregnancy. (6) Increased use of ECPs could reduce the number of unintended pregnancies and abortions by half. (7) A 2002 study revealed that ECP use was likely responsible for up to 43 percent of the decline in abortions between 1994 and 2000, with ECP use preventing over 50,000 abortions in 2000 alone.
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(8) Over-the-counter sales of ECPs would be particularly beneficial for sexual assault victims as approximately 25,000 women per year in the United States become pregnant as a result of rape. An estimated 22,000 of these pregnancies, 88 percent, could be prevented if sexual assault victims had timely access to emergency contraception.
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(9) More than 70 organizations, including the American Nurses Association, the American College of Obstetricians and Gynecologists, the American Academy of Pediatrics, the American Medical Association, the American Public Health Association, and the Association of Reproductive Health Professionals, support over-the-counter access to ECPs. (10) On April 21, 2003, product manufacturers Women’s Capital Corporation submitted an application to the Food and Drug Administration requesting to switch the emergency contraceptive Plan B from prescription-only to over-the-counter ( OTC ) status.
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(11) ECPs meet all the customary FDA criteria for over-the-counter status in that they are safe and effective, are not associated with any serious or harmful side-effects, are easily self-administered, and require no need for medical supervision. Moreover, ECPs are not harmful to an existing pregnancy and their use does not lead to riskier behavior or less frequent use of other forms of contraception, has no potential for overdose or addiction, is not harmful to an existing pregnancy, is easily self-administered, and requires no need for medical screening.
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(12) FDA staff and experts appointed to the advisory committees considered volumes of evidence showing that making Plan B available over-the-counter was safe and effective for women of all reproductive age. (13) On December 16, 2003, a joint panel of the FDA’s Reproductive Health Drugs Advisory Committee and Non-Prescription Drugs Advisory Committee voted 28-0 that Plan B could be safely sold as an over-the-counter medication.
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(14) On December 16, 2003, a joint panel of the FDA’s Reproductive Health Drugs Advisory Committee and Non-prescription Drugs Advisory Committee voted 23-4 to recommend that the FDA approve the application to make Plan B available over-the-counter for women of all ages. (15) The FDA’s rejection of over-the-counter status for Plan B on May 6, 2004, directly contradicted the overwhelming weight of scientific evidence.
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(16) The limited options offered by the FDA for future consideration of over-the-counter sale of Plan B are not warranted by the volumes of existing evidence and run counter to the advice of the FDA’s independent experts, staff, and precedent. (17) Evidence suggests that the FDA’s decision resulted from an unprecedented political takeover of what is supposed to be an independent scientific review. 3.
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FDA denial of OTC status for emergency-contraceptive drug Plan B; review by Commissioner of Food and Drugs
(a) In general
Not later than 30 days after the date of the enactment of this Act, the Commissioner of Food and Drugs shall— (1) review the decision of the Food and Drug Administration not to approve the supplemental application submitted under section 505(b) of the Federal Food, Drug, and Cosmetic Act to obtain approval for the commercial distribution of the drug Plan B (levonorgestrel in 0.75 mg.
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tablet form) as a drug that is not subject to the requirements of section 503(b)(1) of such Act (commonly known as an over-the-counter, or OTC, drug); and (2) affirm, under penalty of law, that such decision— (A) was not politically influenced; (B) was based on sound science; and (C) conformed to precedents and procedures of the Food and Drug Administration. (b) Publication in Federal Register
The affirmation under subsection (a) shall be made through a statement published in the Federal Register.
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1. Ben Atchley Post Office Building
(a) Designation
The facility of the United States Postal Service located at 137 East Young High Pike in Knoxville, Tennessee, shall be known and designated as the Ben Atchley Post Office Building. (b) References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Ben Atchley Post Office Building.
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1. Short title
This Act may be cited as the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2004. 2. Findings and declarations of policy
Congress finds and declares 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.
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(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.
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(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, the commercial sex industry, 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.
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(5) According 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.
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(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.
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(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).
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(B) Hunger can also cause previously HIV-negative people to engage in high-risk survival strategies, such as work in the commercial sex industry, 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.
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(12)(A) A considerable number of United States and indigenous private voluntary organizations, including faith-based organizations, provide relatively modest amounts of 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.
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(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.
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(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.
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(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.
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(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. 3. 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.
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2201 ) is amended to read as follows: V Assistance for orphans and other vulnerable children
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.
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(3) Although the United States Government currently administers assistance programs for orphans and other vulnerable children in developing countries, for fiscal year 2002 the United States Agency for International Development reported that the United States Government provided assistance to only 462,000 such orphans and other vulnerable children, or less than one-half of one percent of the estimated 108,000,000 total number of 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.
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(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.
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(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.
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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) 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.
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(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,
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social workers, and representatives from religious institutions and nongovernmental organizations, to mobilize their own resources through the establishment of community care councils 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 community care councils 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 establish and operate centers in such communities to provide basic care described in subparagraph (A).
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(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. 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.
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(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.
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(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.
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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.
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(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.
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(ii) Such training should include appropriate methodologies relating to initial diagnosis, appropriate dosages of pharmaceuticals, monitoring, medication adherence techniques, and treatment for any complications resulting from such pharmaceuticals. (C) Activities of medical laboratories relating to the treatment described in subparagraph (A), including assistance for the purchase of necessary equipment. 244.
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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.
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(3) Children living in families affected by HIV/AIDS are often stigmatized, teased, and ostracized by peers. In Uganda, some children who are orphaned as a result of AIDS are called ‘walking corpses’ and discouraged from attending school. (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.
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(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 mental health treatment and related services to orphans and other vulnerable children affected by HIV/AIDS. 245.
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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.
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(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.
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(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, local communities continue to be the primary providers of support for these children. (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 in developing countries.
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(2) Activities supported
Assistance provided under paragraph (1) should be used to purchase local or regional foodstuffs, where appropriate, for school food programs. 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.
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(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.
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(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.
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(b) Assistance
(1) Education assistance
The President is authorized to provide assistance for programs in developing countries to increase enrollment in public primary schools 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 are authorized to be made available to the President to make voluntary contributions to the United Nations Children’s Fund to achieve the purposes of this paragraph.
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(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, especially in developing countries heavily affected by HIV/AIDS. 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.
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(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. 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.
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(2) Duties
The Office shall be responsible for carrying out this title. (b) Approval of Applications
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.
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(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.
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(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.
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(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 a manner that is consistent with assistance authorized under 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 ).
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(f) Other Assistance
(1) Review and 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 and other vulnerable children in developing countries; and (B) each program, project, or activity relating to such assistance. (2) Coordination of all u.s.
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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. 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.
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