[109th Congress Public Law 121]
[From the U.S. Government Printing Office]
[DOCID: f:publ121.109]
[[Page 119 STAT. 2533]]
Public Law 109-121
109th Congress
An Act
To make access to safe water and sanitation for developing countries a
specific policy objective of the United States foreign assistance
programs, and for other purposes. <<NOTE: Dec. 1, 2005 - [H.R. 1973]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Senator Paul Simon
Water for the Poor Act of 2005. 22 USC 2152h note.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senator Paul Simon Water for the Poor
Act of 2005''.
SEC. 2. <<NOTE: 22 USC 2152h note.>> FINDINGS.
Congress makes the following findings:
(1) Water-related diseases are a human tragedy, killing up
to five million people annually, preventing millions of people
from leading healthy lives, and undermining development efforts.
(2) A child dies an average of every 15 seconds because of
lack of access to safe water and adequate sanitation.
(3) In the poorest countries in the world, one out of five
children dies from a preventable, water-related disease.
(4) Lack of access to safe drinking water, inadequate
sanitation, and poor hygiene practices are directly responsible
for the vast majority of diarrheal diseases which kill over two
million children each year.
(5) At any given time, half of all people in the developing
world are suffering from one or more of the main diseases
associated with inadequate provision of water supply and
sanitation services.
(6) Over 1.1 billion people, one in every six people in the
world, lack access to safe drinking water.
(7) Nearly 2.6 billion people, two in every five people in
the world, lack access to basic sanitation services.
(8) Half of all schools in the world do not have access to
safe drinking water and basic sanitation.
(9) Over the past 20 years, two billion people have gained
access to safe drinking water and 600 million people have gained
access to basic sanitation services.
(10) Access to safe water and sanitation and improved
hygiene are significant factors in controlling the spread of
disease in the developing world and positively affecting worker
productivity and economic development.
(11) Increasing access to safe water and sanitation advances
efforts toward other development objectives, such as fighting
poverty and hunger, promoting primary education and
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gender equality, reducing child mortality, promoting
environmental stability, improving the lives of slum dwellers,
and strengthening national security.
(12) Providing safe supplies of water and sanitation and
hygiene improvements would save millions of lives by reducing
the prevalence of water-borne diseases, water-based diseases,
water-privation diseases, and water-related vector diseases.
(13) Because women and girls in developing countries are
often the carriers of water, lack of access to safe water and
sanitation disproportionately affects women and limits women's
opportunities at education, livelihood, and financial
independence.
(14) Between 20 percent and 50 percent of existing water
systems in developing countries are not operating or are
operating poorly.
(15) In developing world water delivery systems, an average
of 50 percent of all water is lost before it gets to the end-
user.
(16) Every $1 invested in safe water and sanitation would
yield an economic return of between $3 and $34, depending on the
region.
(17) Developing sustainable financing mechanisms, such as
pooling mechanisms and revolving funds, is necessary for the
long-term viability of improved water and sanitation services.
(18) The annual level of investment needed to meet the water
and sanitation needs of developing countries far exceeds the
amount of Official Development Assistance (ODA) and spending by
governments of developing countries, so facilitating and
attracting greater public and private investment is essential.
(19) Meeting the water and sanitation needs of the lowest-
income developing countries will require an increase in the
resources available as grants from donor countries.
(20) The long-term sustainability of improved water and
sanitation services can be advanced by promoting community level
action and engagement with civil society.
(21) Target 10 of the United Nations Millennium Development
Goals is to reduce by half the proportion of people without
sustainable access to safe drinking water by 2015.
(22) The participants in the 2002 World Summit on
Sustainable Development, held in Johannesburg, South Africa,
including the United States, agreed to the Plan of
Implementation of the World Summit on Sustainable Development
which included an agreement to work to reduce by one-half ``the
proportion of people who are unable to reach or afford safe
drinking water,'' and ``the proportion of people without access
to basic sanitation'' by 2015.
(23) At the World Summit on Sustainable Development, the
United States announced the Water for the Poor Initiative,
committing $970 million for fiscal years 2003 through 2005 to
improve sustainable management of fresh water resources and
accelerate and expand international efforts to achieve the goal
of cutting in half by 2015 the proportion of people who are
unable to reach or to afford safe drinking water.
(24) United Nations General Assembly Resolution 58/217
(February 9, 2004) proclaimed ``the period from 2005 to 2015
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the International Decade for Action, `Water for Life', to
commence on World Water Day, 22 March 2005'' for the purpose of
increasing the focus of the international community on water-
related issues at all levels and on the implementation of water-
related programs and projects.
(25) Around the world, 263 river basins are shared by two or
more countries, and many more basins and watersheds cross
political or ethnic boundaries.
(26) Water scarcity can contribute to insecurity and
conflict on subnational, national, and international levels,
thus endangering the national security of the United States.
(27) Opportunities to manage water problems can be leveraged
in ways to build confidence, trust, and peace between parties in
conflict.
(28) Cooperative water management can help resolve conflicts
caused by other problems and is often a crucial component in
resolving such conflicts.
(29) Cooperative water management can help countries recover
from conflict and, by promoting dialogue and cooperation among
former parties in conflict, can help prevent the reemergence of
conflict.
SEC. 3. <<NOTE: 22 USC 2152h note.>> STATEMENT OF POLICY.
It is the policy of the United States--
(1) to increase the percentage of water and sanitation
assistance targeted toward countries designated as high priority
countries under section 6(f) of this Act;
(2) to ensure that water and sanitation assistance reflect
an appropriate balance of grants, loans, contracts, investment
insurance, loan guarantees, and other assistance to further
ensure affordability and equity in the provision of access to
safe water and sanitation for the very poor;
(3) to ensure that the targeting of water and sanitation
assistance reflect an appropriate balance between urban,
periurban, and rural areas to meet the purposes of assistance
described in section 135 of the Foreign Assistance Act of 1961,
as added by section 5(a) of this Act;
(4) to ensure that forms of water and sanitation assistance
provided reflect the level of existing resources and markets for
investment in water and sanitation within recipient countries;
(5) to ensure that water and sanitation assistance, to the
extent possible, supports the poverty reduction strategies of
recipient countries and, when appropriate, encourages the
inclusion of water and sanitation within such poverty reduction
strategies;
(6) to promote country and local ownership of safe water and
sanitation programs, to the extent appropriate;
(7) to promote community-based approaches in the provision
of affordable and equitable access to safe water and sanitation,
including the involvement of civil society;
(8) to mobilize and leverage the financial and technical
capacity of businesses, governments, nongovernmental
organizations, and civil society in the form of public-private
alliances;
(9) to encourage reforms and increase the capacity of
foreign governments to formulate and implement policies that
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expand access to safe water and sanitation in an affordable,
equitable, and sustainable manner, including integrated
strategic planning; and
(10) to protect the supply and availability of safe water
through sound environmental management, including preventing the
destruction and degradation of ecosystems and watersheds.
SEC. 4. <<NOTE: 22 USC 2152h note.>> SENSE OF CONGRESS.
It is the sense of Congress that--
(1) in order to make the most effective use of amounts of
Official Development Assistance for water and sanitation and
avoid waste and duplication, the United States should seek to
establish innovative international coordination mechanisms based
on best practices in other development sectors; and
(2) the United States should greatly increase the amount of
Official Development Assistance made available to carry out
section 135 of the Foreign Assistance Act of 1961, as added by
section 5(a) of this Act.
SEC. 5. <<NOTE: 22 USC 2152h note.>> ASSISTANCE TO PROVIDE SAFE WATER
AND SANITATION.
(a) In General.--Chapter 1 of part I of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the
following new section:
``SEC. 135. <<NOTE: 22 USC 2152h.>> ASSISTANCE TO PROVIDE SAFE WATER AND
SANITATION.
``(a) Purposes.--The purposes of assistance authorized by this
section are--
``(1) to promote good health, economic development, poverty
reduction, women's empowerment, conflict prevention, and
environmental sustainability by providing assistance to expand
access to safe water and sanitation, promoting integrated water
resource management, and improving hygiene for people around the
world;
``(2) to seek to reduce by one-half from the baseline year
1990 the proportion of people who are unable to reach or afford
safe drinking water and the proportion of people without access
to basic sanitation by 2015;
``(3) to focus water and sanitation assistance toward the
countries, locales, and people with the greatest need;
``(4) to promote affordability and equity in the provision
of access to safe water and sanitation for the very poor, women,
and other vulnerable populations;
``(5) to improve water efficiency through water demand
management and reduction of unaccounted-for water;
``(6) to promote long-term sustainability in the affordable
and equitable provision of access to safe water and sanitation
through the creation of innovative financing mechanisms such as
national revolving funds, and by strengthening the capacity of
recipient governments and communities to formulate and implement
policies that expand access to safe water and sanitation in a
sustainable fashion, including integrated planning;
``(7) to secure the greatest amount of resources possible,
encourage private investment in water and sanitation
infrastructure and services, particularly in lower middle-income
countries, without creating unsustainable debt for low-income
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countries or unaffordable water and sanitation costs for the
very poor; and
``(8) to promote the capacity of recipient governments to
provide affordable, equitable, and sustainable access to safe
water and sanitation.
``(b) <<NOTE: President.>> Authorization.--To carry out the purposes
of subsection (a), the President is authorized to furnish assistance for
programs in developing countries to provide affordable and equitable
access to safe water and sanitation.
``(c) Activities Supported.--Assistance provided under subsection
(b) shall, to the maximum extent practicable, be used to--
``(1) expand affordable and equitable access to safe water
and sanitation for underserved populations;
``(2) support the design, construction, maintenance, upkeep,
repair, and operation of water delivery and sanitation systems;
``(3) improve the safety and reliability of water supplies,
including environmental management; and
``(4) improve the capacity of recipient governments and
local communities, including capacity-building programs for
improved water resource management.
``(d) Local Currency.--The President may use payments made in local
currencies under an agreement made under title I of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et seq.) to
provide assistance under this section.''.
(b) Conforming Amendment.--Section 104(c) of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1704(c)) is amended by
adding at the end the following new paragraph:
``(9) Safe water and sanitation.--To provide assistance
under section 135 of the Foreign Assistance Act of 1961 to
promote good health, economic development, poverty reduction,
women's empowerment, conflict prevention, and environmental
sustainability by increasing affordable and equitable access to
safe water and sanitation.''.
SEC. 6. <<NOTE: 22 USC 2152h note. President.>> SAFE WATER AND
SANITATION STRATEGY.
(a) Strategy.--The President, acting through the Secretary of State,
shall develop a strategy to further the United States foreign assistance
objective to provide affordable and equitable access to safe water and
sanitation in developing countries, as described in section 135 of the
Foreign Assistance Act of 1961, as added by section 5(a) of this Act.
(b) Consultation.--The strategy required by subsection (a) shall be
developed in consultation with the Administrator of the United States
Agency for International Development, the heads of other appropriate
Federal departments and agencies, international organizations,
international financial institutions, recipient governments, United
States and international nongovernmental organizations, indigenous civil
society, and other appropriate entities.
(c) Implementation.--The Secretary of State, acting through the
Administrator of the United States Agency for International Development,
shall implement the strategy required by subsection (a). The strategy
may also be implemented in part by other Federal departments and
agencies, as appropriate.
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(d) Consistent With Safe Water and Sanitation Policy.--The strategy
required by subsection (a) shall be consistent with the policy stated in
section 3 of this Act.
(e) Content.--The strategy required by subsection (a) shall
include--
(1) an assessment of the activities that have been carried
out, or that are planned to be carried out, by all appropriate
Federal departments and agencies to improve affordable and
equitable access to safe water and sanitation in all countries
that receive assistance from the United States;
(2) specific and measurable goals, benchmarks, and
timetables to achieve the objective described in subsection (a);
(3) an assessment of the level of funding and other
assistance for United States water and sanitation programs
needed each year to achieve the goals, benchmarks, and
timetables described in paragraph (2);
(4) methods to coordinate and integrate United States water
and sanitation assistance programs with other United States
development assistance programs to achieve the objective
described in subsection (a);
(5) methods to better coordinate United States water and
sanitation assistance programs with programs of other donor
countries and entities to achieve the objective described in
subsection (a); and
(6) an assessment of the commitment of governments of
countries that receive assistance under section 135 of the
Foreign Assistance Act of 1961, as added by section 5(a) of this
Act, to policies or policy reforms that support affordable and
equitable access by the people of such countries to safe water
and sanitation.
(f) Designation of High Priority Countries.--The strategy required
by subsection (a) shall further include the designation of high priority
countries for assistance under section 135 of the Foreign Assistance Act
of 1961, as added by section 5(a) of this Act. This designation shall be
made on the basis of--
(1) countries in which the need for increased access to safe
water and sanitation is greatest; and
(2) 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.
(g) Reports.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report that
describes the strategy required by subsection (a).
(2) Subsequent reports.--
(A) In general.--Not less than once every year after
the submission of the initial report under paragraph (1)
until 2015, the Secretary of State shall submit to the
appropriate congressional committees a report on the
status of the implementation of the strategy, progress
made in achieving the objective described in subsection
(a), and any changes to the strategy since the date of
the submission of the last report.
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(B) Additional information.--Such reports shall
include 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.
(3) Definition.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on International Relations and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
SEC. 7. <<NOTE: 22 USC 2152h note.>> MONITORING REQUIREMENT.
The Secretary of State and the Administrator of the United States
Agency for International Development shall monitor the implementation of
assistance under section 135 of the Foreign Assistance Act of 1961, as
added by section 5(a) of this Act, to ensure that the assistance is
reaching its intended targets and meeting the intended purposes of
assistance.
SEC. 8. <<NOTE: 22 USC 2152h note.>> SENSE OF CONGRESS REGARDING
DEVELOPMENT OF LOCAL CAPACITY.
It is the sense of Congress that the Secretary of State should
expand current programs and develop new programs, as necessary, to train
local water and sanitation managers and other officials of countries
that receive assistance under section 135 of the Foreign Assistance Act
of 1961, as added by section 5(a) of this Act.
SEC. 9. <<NOTE: 22 USC 2152h note.>> SENSE OF CONGRESS REGARDING
ADDITIONAL WATER AND SANITATION PROGRAMS.
It is the sense of the Congress that--
(1) the United States should further support, as
appropriate, water and sanitation activities of United Nations
agencies, such as the United Nations Children's Fund (UNICEF),
the United Nations Development Programme (UNDP), and the United
Nations Environment Programme (UNEP); and
(2) the Secretary of the Treasury should instruct each
United States Executive Director at the multilateral development
banks (within the meaning of section 1701(c) of the
International Financial Institutions Act) to encourage the
inclusion of water and sanitation programs as a critical element
of their development assistance.
SEC. 10. <<NOTE: 22 USC 2152h note.>> REPORT REGARDING WATER FOR PEACE
AND SECURITY.
(a) Sense of Congress.--It is the sense of Congress that United
States programs to support and encourage efforts around the world to
develop river basin, aquifer, and other watershed-wide mechanisms for
governance and cooperation are critical components of long-term United
States national security and should be expanded.
(b) Report.--The Secretary of State, in consultation with the
Administrator of the United States Agency for International Development,
shall submit to the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate a
report on efforts that the United States is making to support and
promote programs that develop river
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basin, aquifer, and other watershed-wide mechanisms for governance and
cooperation.
SEC. 11. <<NOTE: 22 USC 2152h note.>> AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for fiscal
year 2006 and each subsequent fiscal year such sums as may be necessary
to carry out this Act and the amendments made by this Act.
(b) Other Amounts.--Amounts appropriated pursuant to the
authorization of appropriations in subsection (a) shall be in addition
to the amounts otherwise available to carry out this Act and the
amendments made by this Act.
(c) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended.
Approved December 1, 2005.
LEGISLATIVE HISTORY--H.R. 1973:
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HOUSE REPORTS: No. 109-260 (Comm. on International Relations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
Nov. 7, considered and passed House.
Nov. 16, considered and passed Senate.
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