1.This Act may be cited as the
Senator Paul Simon Water for the World
Act of 2012
.
2.Congress finds the following:
(1)The Senator Paul
Simon Water for the Poor Act of 2005 (Public Law 109–121)—
(A)makes access to
safe water and sanitation for developing countries a specific policy objective
of United States foreign assistance programs;
(B)requires the
Secretary of State to—
(i)develop a strategy
to elevate the role of water and sanitation policy; and
(ii)improve the
effectiveness of United States assistance programs undertaken in support of
that strategy;
(C)codifies Target 10
of the United Nations Millennium Development Goals; and
(D)seeks to reduce by
half between 1990 (the baseline year) and 2015—
(i)the
proportion of people who are unable to reach or afford safe drinking water;
and
(ii)the
proportion of people without access to basic sanitation.
(2)For maximum
effectiveness of assistance, safe drinking water, sanitation, and hygiene must
be coordinated with and integrated into programs and strategies for food
security, global health, environment, education, and gender equality.
(3)On August 1, 2008,
Congress passed H. Con. Res. 318, which—
(A)supports the goals
and ideals of the International Year of Sanitation; and
(B)recognizes the
importance of sanitation on public health, poverty reduction, economic and
social development, and the environment.
(4)While progress is
being made on safe water and sanitation efforts—
(A)more than
884,000,000 people throughout the world lack access to safe drinking water;
and
(B)2 of every 5
people in the world do not have access to basic sanitation services.
(5)The health
consequences of unsafe drinking water and poor sanitation are
significant—
(A)at any given time,
half of the world’s hospital beds are occupied by patients suffering from
diseases associated with lack of access to safe drinking water, inadequate
sanitation and poor hygiene;
(B)more than
3,575,000 people die each year from water-related disease; and
(C)chronic or acute
diarrhea can lead to cognitive delays, with severe repercussions for economic
development.
(6)Clean water and
sanitation are among the most powerful drivers for human development. They
extend opportunity, enhance dignity, and help create a virtuous cycle of
improving health and rising wealth.
(7)Diseases linked to
unsafe water and poor sanitation, as well as the time and energy women often
devote to collecting water, significantly reduce economic productivity in less
developed countries and promote lifecycles of disadvantage.
(8)Expanding access
to clean water and sanitation is essential for reducing the global burden of
disease, advancing economic and social development, protecting basic human
rights, prevention of violence against women, and mitigating sources of
conflict.
(9)Nearly
1,000,000,000 people across the globe still suffer from chronic hunger. Water
scarcity and poor water management reduce agricultural productivity and
threaten food security.
(10)Approximately
half the world’s population lives in cities, often in slums characterized by
unsafe water, poor sanitation, lack of basic services, overcrowding, inferior
construction and insecure tenure.
(11)According to the
2005 Millennium Ecosystem Assessment, commissioned by the United Nations, more
than 1/5 of the world population relies on freshwater that
is either polluted or excessively withdrawn.
(12)According to the
United Nations, women make up 70 percent of the world’s poor. Yet, the time
they spend collecting water prevents them from undertaking other activities,
such as generating income or attending school.
(13)A lack of access
to safe water and improved sanitation close to home and at school can impact
girls’ educational attainment and retention, limiting their ability to break
the cycle of poverty. Research has found increases in girls’ school enrollment
when clean water points were installed closer to home, and increases in girls’
school attendance when separate latrines for boys and girls were provided on
site. Meeting the water and sanitation targets of the Millennium Development
Goals would provide an estimated 272,000,000 additional school days per
year.
(14)A lack of water
points close to home or safe, private latrines can put women and girls in
isolated situations, making them more vulnerable to sexual and physical
violence. Violence against women and girls has consequences ranging from
psychosocial trauma to heightened risk of HIV/AIDS.
(15)Faith communities
across the United States contribute significantly to the improvement of water,
sanitation, and hygiene in developing countries. By applying their expertise,
providing services, building the capacity of local organizations, establishing
long-term partnerships with local communities, empowering marginalized groups,
and serving as a voice for the poor, faith-based and nonprofit organizations
complement and leverage assistance provided by the United States
Government.
(16)United States
businesses have developed key technologies, donated goods and services,
partnered with private and public sector entities, and invested their capital
to improve water and sanitation in many developing countries.
(17)Implementation of
the Senator Paul Simon Water for the Poor Act of 2005 must be significantly
strengthened if the purposes of section 136 of the Foreign Assistance Act, as
redesignated and amended by section 4 of this Act, are to be met.
(18)The monitoring and evaluation of the
performance of United States foreign assistance programs and their contribution
to policy, strategies, projects, program goals, and priorities undertaken by
the Federal Government is essential to improving aid effectiveness.
3.The purpose of this Act and the amendments
made by this Act is to strengthen implementation of the Senator Paul Simon
Water for the Poor Act of 2005 (Public Law 109–121) by—
(1)improving
coordination and oversight of water, sanitation, and hygiene programs within
and between United States Government agencies;
(2)increasing the
sustainability of United States Government-supported water, sanitation, and
hygiene programs;
(3)enhancing water,
sanitation, and hygiene expertise within the United States Agency for
International Development; and
(4)integrating water
and sanitation into programs and strategies for food security, global health,
environment, education, and gender equality.
4.Improving
coordination and oversight of safe water, sanitation, and hygiene projects and
activities
(a)Chapter 1 of part I
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is
amended—
(1)by redesignating
section 135, as added by section 5(a) of the Senator Paul Simon Water for the
Poor Act of 2005 (Public Law 109–121; 119 Stat. 2536), as section 136;
and
(2)in section 136, as
redesignated by paragraph (1) of this section—
(A)in the section
heading, by striking and
sanitation
and inserting , sanitation, and
hygiene
;
(B)in subsection (b),
by striking and sanitation
and inserting , sanitation,
and hygiene
; and
(C)by adding at the
end the following:
(e)
(1)The Administrator of
the United States Agency for International Development (USAID) shall designate
a senior advisor to coordinate and oversee water, sanitation, and hygiene
assistance, who shall be known as the Global Water Coordinator
,
and who shall report directly to the Administrator and the Assistant
Administrator overseeing water programs.
(2)The
Global Water Coordinator shall—
(A)oversee
implementation of this section and the Senator Paul Simon Water for the Poor
Act of 2005 (Public Law 109–121);
(B)lead the
development of the safe water and sanitation strategy required under section 6
of the Senator Paul Simon Water for the Poor Act of 2005;
(C)assist and monitor
the development of country-specific water strategies in coordination with
relevant USAID Mission Directors and other appropriate personnel;
(D)integrate water,
sanitation, and hygiene activities into global and country-specific strategies
and programs, including those relating to food security, global health,
environment, education, and gender equality;
(E)develop appropriate benchmarks, indicators,
and guidelines for monitoring and evaluation of water and sanitation programs
as required under section 8 of the Senator
Paul Simon Water for the World Act of 2012; and
(F)foster the
development, dissemination, and increased and consistent use of low-cost and
sustainable technologies, public and private partnerships, credit guarantees
and other financing arrangements that leverage non-Federal funds for impact on
water, sanitation, and hygiene services that benefit the poor.
(3)The
Administrator shall ensure that a sufficient number of employees of USAID with
appropriate experience are assigned to assist the Global Water Coordinator in
carrying out the duties of paragraph (2).
(f)Special advisor
for water resources
(1)The Secretary of State shall designate a senior advisor
to coordinate and oversee policy relating to water and sanitation assistance,
who shall be known as the Special Advisor for Water Resources
,
and who shall report directly to the Secretary of State and the Under Secretary
overseeing water programs.
(2)The
Special Advisor for Water Resources shall—
(A)oversee and
coordinate the diplomatic policy of the United States Government with respect
to global freshwater issues, including—
(i)working with
partner countries and other stakeholders to develop and sustain political
commitment to improving access to water, sanitation, and hygiene over the long
term, and mitigating cross-border conflict;
(ii)assisting and
encouraging other countries and international organizations to plan and manage
water resources in an efficient, transparent, equitable, inclusive, and
environmentally sustainable manner;
(iii)fostering
regional and cross-border cooperation for integrated river basin and watershed
management;
(iv)mitigating
transboundary conflict over water resources;
(v)fostering integrated river basin and
watershed management; and
(vi)fostering
agricultural and urban productivity of water resources; and
(B)promote United
States policy relating to international freshwater issues in key diplomatic and
scientific forums.
(3)The
Secretary of State shall ensure that a sufficient number of employees of the
Department of State with appropriate experience are assigned to assist the
Special Advisor for Water Resources in carrying out the duties of paragraph
(2).
.
(b)Interagency
consultation and coordination
(1)Not later than 180 days after the date of enactment of
this Act, the Administrator of the United States Agency for International
Development and the Secretary of State shall develop and implement a process to
ensure regular consultation and coordination between the Global Water
Coordinator and the Special Advisor for Water Resources so that their efforts
are complimentary and in support of the safe water and sanitation
strategy.
(2)This process
required under paragraph (1) should include jointly convened meetings with any
Federal department or agency administering United States water, sanitation, and
hygiene programs to evaluate progress in carrying out the safe water and
sanitation strategy.
(3)In
this subsection—
(A)the term
Global Water Coordinator means the Global Water Coordinator
designated under section 136(e) of the Foreign Assistance Act of 1961, as added
by subsection (a)(2) of this section;
(B)the term
Special Advisor for Water Resources means the Special Advisor for
Water Resources designated under section 136(f) of the Foreign Assistance Act
of 1961, as added by subsection (a)(2) of this section; and
(C)the term safe water and sanitation
strategy means the strategy required under section 6 of the Senator Paul
Simon Water for the Poor Act of 2005.
5.Increasing
sustainability of safe water, sanitation, and hygiene projects and
activities
(a)In order to ensure that water, sanitation,
and hygiene projects and activities carried out under the authorities of
section 136 of the Foreign Assistance Act of 1961, as redesignated and amended
by section 4 of this Act, and the Senator Paul Simon Water for the Poor Act of
2005 (Public Law 109–121) achieve maximum impact and continue to deliver
lasting benefits after completion, such projects and activities shall be
carried out in accordance with the following principles:
(1)Projects and
activities should be targeted to the poorest and most vulnerable countries and
communities, including women and girls, displaced persons and refugees, and
other marginalized populations.
(2)Projects and activities should be designed
in consultation with a broad range of local and national stakeholders,
including communities directly affected by a lack of access to clean water,
sanitation or hygiene, nongovernmental organizations, cooperatives,
foundations, universities, private sector entities, and women-focused
organizations.
(3)Projects and activities should be designed
wherever possible to be commercially viable over the long term, and undertaken
in conjunction with private enterprise.
(4)Governments of countries in which projects
and activities are carried out should identify revenue streams sufficient to
cover the costs of maintaining public equipment and services with respect to
such projects and activities over the long term.
(5)Projects and activities should provide for
a functioning management and maintenance system comprising tools, supply
chains, transport, equipment, training and individuals or institutions with
clear responsibilities for achieving sustainability.
(6)With respect to projects and activities
that are managed by communities or institutions, effective external support
should be provided to such communities or institutions.
(7)Projects should be designed to foster
sustainable water management in order to ensure the long-term sustainability of
each such project and to mitigate any negative environmental impacts.
(8)Access to water
and sanitation should be expanded in an equitable manner and on the basis of
need, without regard to race, gender, religion, or ethnic origin.
(b)The Administrator of the United States Agency for
International Development shall establish guidelines and procedures to ensure
that—
(1)a broad range of local and national
stakeholders is consulted in the development of any country-specific water
strategy;
(2)any water,
sanitation, and hygiene projects and activities authorized under each such
strategy are designed to address the specific needs of women and girls;
and
(3)local civil society organizations,
including nonprofit organizations as well as businesses, are full participants
in the selection and design, implementation, monitoring, and evaluation of
water, sanitation, and hygiene projects and activities.
(c)
(1)In providing assistance under the
authorities of section 136 of the Foreign Assistance Act of 1961, as
redesignated and amended by section 4 of this Act, the Administrator of the
United States Agency for International Development is authorized to award
contracts and other acquisition instruments on a non-competitive basis to local
entities in high priority countries to carry out safe water, sanitation, and
hygiene projects and activities in such countries.
(2)A
contract or other instrument described in paragraph (1) may not have a value
that exceeds $5,000,000.
(3)The Administrator of the
United States Agency for International Development may exercise the authority
of paragraph (1) notwithstanding any other provision of law.
(4)In
this subsection—
(A)the term high priority country
means a country designated pursuant to section 6 of the Senator Paul Simon
Water for the Poor Act of 2005; and
(B)the term
local entity means an individual, corporation, or other entity
that—
(i)is organized under
the laws of the high priority country;
(ii)has its principal
place of business or operations in such country; and
(iii)is owned or
controlled by citizens of such country.
(5)Funds made available to carry out the
Senator Paul Simon Water for the Poor Act of 2005 for any fiscal year are
authorized to be made available to carry out this subsection.
(d)
(1)In providing assistance under the
authorities of section 136 of the Foreign Assistance Act of 1961, as
redesignated and amended by section 4 of this Act, the Administrator of the
United States Agency for International Development is authorized to enter into
agreements with indigenous local private or public groups, associations, or
other entities in high priority countries to provide for the retention by such
group, association, or other entity, without deposit in the Treasury of the
United States and without further appropriation by law, of interest earned on
such assistance so provided.
(2)An
agreement described in paragraph (1) may not have a value that exceeds
$5,000,000.
(3)Any interest earned on the advance of funds under an
agreement authorized under paragraph (1) may be used only for the purposes for
which the agreement is made.
(4)The Administrator shall, on a regular and
recurring basis, audit interest earned on advance funds under an agreement
authorized under paragraph (1) to ensure that the requirements of paragraph (3)
are met.
(5)In this subsection, the term high
priority country means a country designated pursuant to section 6 of the
Senator Paul Simon Water for the Poor Act of 2005.
6.Safe water,
sanitation, and hygiene strategySection 6 of the Senator Paul Simon Water
for the Poor Act of 2005 (22 U.S.C. 2152h note) is amended—
(1)in the section
heading, by striking and
sanitation
and inserting , sanitation, and
hygiene
;
(2)in subsection
(a)—
(A)by striking
Secretary of State
and inserting Administrator of the
United States Agency for International Development
;
(B)by striking
shall develop a strategy
and inserting shall, not later
than January 1, 2013, and every four years thereafter, develop a strategy for
the next four years
;
(C)by striking
and sanitation
and inserting , sanitation, and
hygiene
; and
(D)by striking
section 135 of the Foreign Assistance Act of 1961, as added by section
5(a) of this Act
and inserting section 136 of the Foreign
Assistance Act of 1961, as amended by the Senator Paul Simon Water for the
World Act of 2012
;
(3)in subsection (b),
by striking Administrator of the United States Agency for International
Development
and inserting Secretary of State
;
(4)in subsection (c),
by striking Secretary of State
and inserting
President
;
(5)in subsection
(e)—
(A)by striking and sanitation
each place it appears and inserting , sanitation, and
hygiene
;
(B)in paragraph (5),
by striking and
at the end;
(C)in paragraph (6),
by striking the period at the end and inserting a semicolon; and
(D)by adding at the
end the following:
(7)best practices for
mobilizing and leveraging the financial and technical capacity of multilateral
institutions, business, local governments, nongovernmental organizations, and
civil society in forming public-private partnerships that measurably increase
access to safe and affordable drinking water, sanitation, and hygiene;
(8)the number, types,
and level of specialists and generalists currently employed and projected to be
needed in each functional and geographic area, including support, management,
and administrative functions, to carry out the strategy; and
(9)the assumptions
regarding program and policy priorities and budget levels on which the strategy
is
based.
;
(6)in subsection (f)
to read as follows:
(f)Designation of
high priority countries
(1)The strategy required by subsection (a)
shall further include the designation of high priority countries for assistance
under section 136 of the Foreign Assistance Act of 1961, as amended by the
Senator Paul Simon Water for the World Act of 2012.
(2)Each
designation of a high priority country described in paragraph (1) shall be made
on the basis of—
(A)countries and
communities in countries in which the need for increased access to safe water,
sanitation, and hygiene is greatest; and
(B)countries and communities in countries in
which assistance under such section can be expected to make the greatest
difference in promoting good health, economic development, poverty reduction,
women’s empowerment, conflict prevention, and environmental
sustainability.
(3)It is the sense of
Congress that each designation of a high priority country described in
paragraph (1) should conform to the goals and objectives in the country’s
multi-year development
strategy.
;
(7)by striking
subsection (g); and
(8)by inserting after
subsection (f) the following:
(g)Actions with
respect to high priority countriesFor each country that is designated as a
high priority country, the United States Agency for International Development’s
Mission Director for such country shall—
(1)designate
sustainably increasing access to safe drinking water and sanitation as a
strategic objective, reflected in country-specific strategies that incorporate
sustainable water management goals and targets; and
(2)integrate, where
appropriate, investments in water, sanitation, and hygiene with investments in
food security, global health, environment and sustainable water management,
education, and gender
equality.
.
7.Transparency and
monitoring and evaluationSection 7 of the Senator Paul Simon Water
for the Poor Act of 2005 (22 U.S.C. 2152h note) is amended by striking section
7 and inserting the following:
7.Transparency and
monitoring and evaluation
(a)
(1)Not later than 1 year
after the date of the enactment of the Senator Paul Simon Water for the World Act of
2012, the Administrator of the United States Agency for
International Development shall, as part of the Agency’s Internet Website,
establish and maintain a Webpage to make publicly available comprehensive,
timely, comparable, and accessible information on United States water,
sanitation, and hygiene foreign assistance programs. The head of each Federal
department or agency that administers such programs shall on a regular basis
publish and update on the Webpage such information with respect to programs of
the department or agency.
(2)
(A)To ensure
transparency, accountability, and effectiveness of United States water,
sanitation, and hygiene foreign assistance programs, the information required
by paragraph (1) shall include—
(i)the strategy
required by section 6;
(ii)the multi-year development strategy of each
developing country under section 6(a);
(iii)an
identification of each country designated as a high priority country under
section 6(f), including a fully articulated rationale of why the country
received the designation;
(iv)a summary of the guidelines and procedures
as required by section 5(b) of the Senator
Paul Simon Water for the World Act of 2012;
(v)for each fiscal
year, information on the amount of funds expended in each country or program,
disaggregated by purpose of assistance, including information on capital
investments, and the source of such funds by account; and
(vi)evaluations of
water, sanitation, and hygiene programs, if any.
(B)Such information shall be published on the Webpage
not later than 30 days after the date of issuance of the information and shall
be continuously updated.
(C)Report in lieu
of inclusionIf the head of a Federal department or agency
described in paragraph (1) makes a determination that the inclusion of a
required item of information on the Webpage would jeopardize the health or
security of an implementing partner or program beneficiary or would be
detrimental to the national interests of the United States, such item of
information may be submitted to Congress in a written report in lieu of
including it on the Webpage, along with the reasons for not including it on the
Webpage.
(3)The Webpage shall also contain a link to a
searchable database available to the public containing such information
relating to the current fiscal year and, as available, for each prior fiscal
year dating to and including fiscal year 2006.
(4)Such information shall be published on the
Webpage in unclassified form. Any information determined to be classified
information may be submitted to Congress in classified form and an unclassified
summary of such information shall be published on the Webpage.
(b)Monitoring and
evaluation
(1)The head of each Federal department or agency that
administers United States water, sanitation, and hygiene foreign assistance
programs shall monitor and evaluate projects and activities carried out under
such programs, including carrying out assessments of impact where appropriate,
and ensuring results of evaluations are used to inform the design of such
projects and activities. Such monitoring and evaluations shall be carried our
in accordance with the principles described in section 5(a) of the
Senator Paul Simon Water for the World Act of
2012.
(2)In this subsection:
(A)The term monitoring means,
with respect to a United States water, sanitation, or hygiene foreign
assistance program, a continuing function that uses systematic collection of
data on specified indicators to provide management and the main stakeholders of
an ongoing development intervention with indications of the extent of progress
and achievement of objectives and progress in the use of allocated
funds.
(B)The term evaluation means,
with respect to a United States water, sanitation, or hygiene foreign
assistance program, the systematic collection and analysis of information about
the characteristics and outcomes of the program and projects under the program
as a basis for judgments, to improve effectiveness, and to inform decisions
about current and future programming, including an explanation of the reasons
for or causes of the observed
results.
.
8.Report on
capacity and expertiseNot
later than 1 year after the date of enactment of this Act, the Comptroller
General of the United States shall submit to Congress a report assessing the
capacity of United States Government to carry out and fully implement this Act,
the Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109–121), as
amended by this Act, and section 136 of the Foreign Assistance Act of 1961, as
amended by this Act. Such assessment shall give special focus to—
(1)evaluating the
sufficiency of training programs at both the bureau and mission levels as they
relate to providing long-term, sustainable access to water, sanitation, and
hygiene;
(2)identifying
overall levels of staff expertise on water, sanitation, and hygiene development
assistance and where additional expertise may be needed;
(3)identifying
barriers to implementation;
(4)identifying
options for and the estimated costs associated with remedying the problems
identified in the report; and
(5)evaluate the
degree to which assistance is targeted towards high priority countries, as
defined by section 6(f) of the Paul Simon Water for the Poor Act of 2005
(Public Law 109–121).