[113th Congress Public Law 289]
[From the U.S. Government Publishing Office]
[[Page 128 STAT. 3283]]
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. <<NOTE: Dec. 19,
2014 - [H.R. 2901]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Senator Paul
Simon Water for the World Act of 2014.>>
SECTION 1. <<NOTE: 22 USC 2151 note.>> 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 128 STAT. 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').
[[Page 128 STAT. 3285]]
``(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;
[[Page 128 STAT. 3286]]
``(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;
[[Page 128 STAT. 3287]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. President.>> 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) <<NOTE: Notification.>> notify the
appropriate congressional committees of such
designations.
``(2) Annual designations.--
[[Page 128 STAT. 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) <<NOTE: Deadline. Notification.>> 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) <<NOTE: Deadlines.>> 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).
[[Page 128 STAT. 3290]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Repeal.>> 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:
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CONGRESSIONAL RECORD, Vol. 160 (2014):
Dec. 8, considered and passed House.
Dec. 15, considered and passed Senate.
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