[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2901 Enrolled Bill (ENR)]
H.R.2901
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
An Act
To strengthen implementation of the Senator Paul Simon Water for the
Poor Act of 2005 by improving the capacity of the United States
Government to implement, leverage, and monitor and evaluate programs to
provide first-time or improved access to safe drinking water,
sanitation, and hygiene to the world's poorest on an equitable and
sustainable basis, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senator Paul Simon Water for the
World Act of 2014''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) water and sanitation are critically important resources
that impact many other aspects of human life; and
(2) the United States should be a global leader in helping
provide sustainable access to clean water and sanitation for the
world's most vulnerable populations.
SEC. 3. CLARIFICATION OF ASSISTANCE TO PROVIDE SAFE WATER AND
SANITATION TO INCLUDE HYGIENE.
Chapter 1 of part I of the Foreign Assistance Act of 1961 is
amended--
(1) by redesignating section 135 (22 U.S.C. 2152h), as added by
section 5(a) of the Senator Paul Simon Water for the Poor Act of
2005 (Public Law 109-121; 22 U.S.C. 2152h note), as section 136;
and
(2) in section 136, as redesignated--
(A) in the section heading, by striking ``and sanitation''
and inserting ``, sanitation, and hygiene''; and
(B) in subsection (b), by striking ``and sanitation'' and
inserting ``, sanitation, and hygiene''.
SEC. 4. IMPROVING COORDINATION AND OVERSIGHT OF SAFE WATER, SANITATION
AND HYGIENE PROJECTS AND ACTIVITIES.
Section 136 of the Foreign Assistance Act of 1961, as redesignated
and amended by this Act, is further amended by adding at the end the
following:
``(e) Coordination and Oversight.--
``(1) USAID global water coordinator.--
``(A) Designation.--The Administrator of the United States
Agency for International Development (referred to in this
paragraph as `USAID') or the Administrator's designee, who
shall be a current USAID employee serving in a career or non-
career position in the Senior Executive Service or at the level
of a Deputy Assistant Administrator or higher, shall serve
concurrently as the USAID Global Water Coordinator (referred to
in this subsection as the `Coordinator').
``(B) Specific duties.--The Coordinator shall--
``(i) provide direction and guidance to, coordinate,
and oversee the projects and programs of USAID authorized
under this section;
``(ii) lead the implementation and revision, not less
frequently than once every 5 years, of USAID's portion of
the Global Water Strategy required under subsection (j);
``(iii) seek--
``(I) to expand the capacity of USAID, subject to
the availability of appropriations, including through
the designation of a lead subject matter expert
selected from among USAID staff in each high priority
country designated pursuant to subsection (h);
``(II) to implement such programs and activities;
``(III) to take advantage of economies of scale;
and
``(IV) to conduct more efficient and effective
projects and programs;
``(iv) coordinate with the Department of State and
USAID staff in each high priority country designated
pursuant to subsection (h) to ensure that USAID activities
and projects, USAID program planning and budgeting
documents, and USAID country development strategies reflect
and seek to implement--
``(I) the safe water, sanitation, and hygiene
objectives established in the strategy required under
subsection (j), including objectives relating to the
management of water resources; and
``(II) international best practices relating to--
``(aa) increasing access to safe water and
sanitation;
``(bb) conducting hygiene-related activities;
and
``(cc) ensuring appropriate management of water
resources; and
``(v) develop appropriate benchmarks, measurable goals,
performance metrics, and monitoring and evaluation plans
for USAID projects and programs authorized under this
section.
``(2) Department of state special coordinator for water
resources.--
``(A) Designation.--The Secretary of State or the
Secretary's designee, who shall be a current employee of the
Department of State serving in a career or non-career position
in the Senior Executive Service or at the level of a Deputy
Assistant Secretary or higher, shall serve concurrently as the
Department of State Special Advisor for Water Resources
(referred to in this paragraph as the `Special Advisor').
``(B) Specific duties.--The Special Advisor shall--
``(i) provide direction and guidance to, coordinate,
and oversee the projects and programs of the Department of
State authorized under this section;
``(ii) lead the implementation and revision, not less
than every 5 years, of the Department of State's portion of
the Global Water Strategy required under subsection (j);
``(iii) prioritize and coordinate the Department of
State's international engagement on the allocation,
distribution, and access to global fresh water resources
and policies related to such matters;
``(iv) coordinate with United States Agency for
International Development and Department of State staff in
each high priority country designated pursuant to
subsection (h) to ensure that United States diplomatic
efforts related to safe water, sanitation, and hygiene,
including efforts related to management of water resources
and watersheds and the resolution of intra- and trans-
boundary conflicts over water resources, are consistent
with United States national interests; and
``(v) represent the views of the United States
Government on the allocation, distribution, and access to
global fresh water resources and policies related to such
matters in key international fora, including key
diplomatic, development-related, and scientific
organizations.
``(3) Additional nature of duties and restriction on additional
or supplemental compensation.--The responsibilities and specific
duties of the Administrator of the United States Agency for
International Development (or the Administrator's designee) and the
Secretary of State (or the Secretary's designee) under paragraph
(2) or (3), respectively, shall be in addition to any other
responsibilities or specific duties assigned to such individuals.
Such individuals shall receive no additional or supplemental
compensation as a result of carrying out such responsibilities and
specific duties under such paragraphs.''.
SEC. 5. PROMOTING THE MAXIMUM IMPACT AND LONG-TERM SUSTAINABILITY OF
USAID SAFE WATER, SANITATION, AND HYGIENE-RELATED PROJECTS AND
PROGRAMS.
Section 136 of the Foreign Assistance Act of 1961, as redesignated
and amended by this Act, is further amended by adding at the end the
following:
``(f) Priorities and Criteria for Maximum Impact and Long-Term
Sustainability.--The Administrator of the United States Agency for
International Development shall ensure that the Agency for
International Development's projects and programs authorized under this
section are designed to achieve maximum impact and long-term
sustainability by--
``(1) prioritizing countries on the basis of the following
clearly defined criteria and indicators, to the extent sufficient
empirical data are available--
``(A) the proportion of the population using an unimproved
drinking water source;
``(B) the total population using an unimproved drinking
water source;
``(C) the proportion of the population without piped water
access;
``(D) the proportion of the population using shared or
other unimproved sanitation facilities;
``(E) the total population using shared or other unimproved
sanitation facilities;
``(F) the proportion of the population practicing open
defecation;
``(G) the total number of children younger than 5 years of
age who died from diarrheal disease;
``(H) the proportion of all deaths of children younger than
5 years of age resulting from diarrheal disease;
``(I) the national government's capacity, capability, and
commitment to work with the United States to improve access to
safe water, sanitation, and hygiene, including--
``(i) the government's capacity and commitment to
developing the indigenous capacity to provide safe water
and sanitation without the assistance of outside donors;
and
``(ii) the degree to which such government--
``(I) identifies such efforts as a priority; and
``(II) allocates resources to such efforts;
``(J) the availability of opportunities to leverage
existing public, private, or other donor investments in the
water, sanitation, and hygiene sectors, including investments
in the management of water resources; and
``(K) the likelihood of making significant improvements on
a per capita basis on the health and educational opportunities
available to women as a result of increased access to safe
water, sanitation, and hygiene, including access to appropriate
facilities at primary and secondary educational institutions
seeking to ensure that communities benefitting from such
projects and activities develop the indigenous capacity to
provide safe water and sanitation without the assistance of
outside donors;
``(2) prioritizing and measuring, including through rigorous
monitoring and evaluating mechanisms, the extent to which such
project or program--
``(A) furthers significant improvements in--
``(i) the criteria set forth in subparagraphs (A)
through (H) of paragraph (1);
``(ii) the health and educational opportunities
available to women as a result of increased access to safe
water, sanitation, and hygiene, including access to
appropriate facilities at primary and secondary educational
institutions; and
``(iii) the indigenous capacity of the host nation or
community to provide safe water and sanitation without the
assistance of outside donors;
``(B) is designed, as part of the provision of safe water
and sanitation to the local community--
``(i) to be financially independent over the long term,
focusing on local ownership and sustainability;
``(ii) to be undertaken in conjunction with relevant
public institutions or private enterprises;
``(iii) to identify and empower local individuals or
institutions to be responsible for the effective management
and maintenance of such project or program; and
``(iv) to provide safe water or expertise or capacity
building to those identified parties or institutions for
the purposes of developing a plan and clear
responsibilities for the effective management and
maintenance of such project or program;
``(C) leverages existing public, private, or other donor
investments in the water, sanitation, and hygiene sectors,
including investments in the management of water resources;
``(D) avoids duplication of efforts with other United
States Government agencies or departments or those of other
nations or nongovernmental organizations;
``(E) coordinates such efforts with the efforts of other
United States Government agencies or departments or those of
other nations or nongovernmental organizations directed at
assisting refugees and other displaced individuals; and
``(F) involves consultation with appropriate stakeholders,
including communities directly affected by the lack of access
to clean water, sanitation or hygiene, and other appropriate
nongovernmental organizations; and
``(3) seeking to further the strategy required under subsection
(j) after 2018.
``(g) Use of Current and Improved Empirical Data Collection and
Review of New Standardized Indicators.--
``(1) In general.--The Administrator of the United States
Agency for International Development is authorized to use current
and improved empirical data collection--
``(A) to meet the health-based prioritization criteria
established pursuant to subsection (f)(1); and
``(B) to review new standardized indicators in evaluating
progress towards meeting such criteria.
``(2) Consultation and notice.--The Administrator shall--
``(A) regularly consult with the appropriate congressional
committees; and
``(B) notify such committees not later than 30 days before
using current or improved empirical data collection for the
review of any new standardized indicators under paragraph (1)
for the purposes of carrying out this section.
``(h) Designation of High Priority Countries.--
``(1) Initial designation.--Not later than October 1, 2015, the
President shall--
``(A) designate, on the basis of the criteria set forth in
subsection (f)(1) not fewer than 10 countries as high priority
countries to be the primary recipients of United States
Government assistance authorized under this section during
fiscal year 2016; and
``(B) notify the appropriate congressional committees of
such designations.
``(2) Annual designations.--
``(A) In general.--Except as provided in subparagraph (B),
the President shall annually make new designations pursuant to
the criteria set forth in paragraph (1).
``(B) Designations after fiscal year 2018.--Beginning with
fiscal year 2019, designations under paragraph (1) shall be
made--
``(i) based upon the criteria set forth in subsection
(f)(1); and
``(ii) in furtherance of the strategy required under
subsection (j).
``(i) Targeting of Projects and Programs to Areas of Greatest
Need.--
``(1) In general.--Not later than 15 days before the obligation
of any funds for water, sanitation, or hygiene projects or programs
pursuant to this section in countries that are not ranked in the
top 50 countries based upon the WASH Needs Index, the Administrator
of the United States Agency for International Development shall
notify the appropriate congressional committees of the planned
obligation of such funds.
``(2) Defined term.--In this subsection and in subsection (j),
the term `WASH Needs Index' means the needs index for water,
sanitation, or hygiene projects or programs authorized under this
section that has been developed using the criteria and indicators
described in subparagraphs (A) through (H) of subsection (f)(1).''.
SEC. 6. UNITED STATES STRATEGY TO INCREASE APPROPRIATE LONG-TERM
SUSTAINABILITY AND ACCESS TO SAFE WATER, SANITATION, AND HYGIENE.
(a) In General.--Section 136 of the Foreign Assistance Act of 1961,
as redesignated and amended by this Act, is further amended by adding
at the end the following:
``(j) Global Water Strategy.--
``(1) In general.--Not later than October 1, 2017, October 1,
2022, and October 1, 2027, the President, acting through the
Secretary of State, the Administrator of the United States Agency
for International Development, and the heads of other Federal
departments and agencies, as appropriate, shall submit a single
government-wide Global Water Strategy to the appropriate
congressional committees that provides a detailed description of
how the United States intends--
``(A) to increase access to safe water, sanitation, and
hygiene in high priority countries designated pursuant to
subsection (h), including a summary of the WASH Needs Index and
the specific weighting of empirical data and other definitions
used to develop and rank countries on the WASH Needs Index;
``(B) to improve the management of water resources and
watersheds in such countries; and
``(C) to work to prevent and resolve, to the greatest
degree possible, both intra- and trans-boundary conflicts over
water resources in such countries.
``(2) Agency-specific plans.--The Global Water Strategy shall
include an agency-specific plan--
``(A) from the United States Agency for International
Development that describes specifically how the Agency for
International Development will--
``(i) carry out the duties and responsibilities
assigned to the Global Water Coordinator under subsection
(e)(1);
``(ii) ensure that the Agency for International
Development's projects and programs authorized under this
section are designed to achieve maximum impact and long-
term sustainability, including by implementing the
requirements described in subsection (f); and
``(iii) increase access to safe water, sanitation, and
hygiene in high priority countries designated pursuant to
subsection (h);
``(B) from the Department of State that describes
specifically how the Department of State will--
``(i) carry out the duties and responsibilities
assigned to the Special Coordinator for Water Resources
under subsection (e)(2); and
``(ii) ensure that the Department's activities
authorized under this section are designed--
``(I) to improve management of water resources and
watersheds in countries designated pursuant to
subsection (h); and
``(II) to prevent and resolve, to the greatest
degree possible, both intra- and trans-boundary
conflicts over water resources in such countries; and
``(C) from other Federal departments and agencies, as
appropriate, that describes the contributions of the
departments and agencies to implementing the Global Water
Strategy.
``(3) Individualized plans for high priority countries.--For
each high priority country designated pursuant to subsection (h),
the Administrator of the United States Agency for International
Development shall--
``(A) develop a costed, evidence-based, and results-
oriented plan that--
``(i) seeks to achieve the purposes of this section;
and
``(ii) meets the requirements under subsection (f); and
``(B) include such plan in an appendix to the Global Water
Strategy required under paragraph (1).
``(4) First time access reporting requirement.--The Global
Water Strategy shall specifically describe the target percentage of
funding for each fiscal year covered by such strategy to be
directed toward projects aimed at providing first-time access to
safe water and sanitation.
``(5) Performance indicators.--The Global Water Strategy shall
include specific and measurable goals, benchmarks, performance
metrics, timetables, and monitoring and evaluation plans required
to be developed by the Administrator of the United States Agency
for International Development pursuant to subsection (e)(1)(B)(v).
``(6) Consultation and best practices.--The Global Water
Strategy shall--
``(A) be developed in consultation with the heads of other
appropriate Federal departments and agencies; and
``(B) incorporate best practices from the international
development community.
``(k) Definitions.--In this section--
``(1) the term `appropriate congressional committees' means--
``(A) the Committee on Foreign Relations of the Senate;
``(B) the Committee on Appropriations of the Senate;
``(C) the Committee on Foreign Affairs of the House of
Representatives; and
``(D) the Committee on Appropriations of the House of
Representatives; and
``(2) the term `long-term sustainability' refers to the ability
of a service delivery system, community, partner, or beneficiary to
maintain, over time, any water, sanitation, or hygiene project that
receives funding pursuant to the amendments made by the Senator
Paul Simon Water for the World Act of 2014.''.
(b) Department of State Agency-Specific Plan.--Not later than 180
days after the date of enactment of this Act, the Secretary of State
shall submit an agency-specific plan to the appropriate congressional
committees (as defined in section 136(k) of the Foreign Assistance Act
of 1961, as added by subsection (a)) that meets the requirements of
section 136(j)(2)(B) of such Act, as added by subsection (a).
(c) Conforming Amendment.--Section 6 of the Senator Paul Simon
Water for the Poor Act of 2005 (Public Law 109-121; 22 U.S.C. 2152h
note) is repealed.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.