[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2901 Received in Senate (RDS)]

113th CONGRESS
  2d Session
                                H. R. 2901


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 9, 2014

                                Received

_______________________________________________________________________

                                 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.

            Passed the House of Representatives December 8, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.