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[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.
```