    [United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 113-289
    113th Congress

    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

    [[Page 3284]]

    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').

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    ``(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;

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    ``(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;

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    ``(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.--

    [[Page 3288]]

    ``(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--

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    ``(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).

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    ``(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.

    Approved December 19, 2014.

    LEGISLATIVE HISTORY--H.R. 2901:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 160 (2014):
    Dec. 8, considered and passed House.
    Dec. 15, considered and passed Senate.