Senator Paul Simon Water for the World Act of 2014
PL 113-289 (H.R.2901), enacted 12/19/2014

[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--

[[Page 128 STAT. 3289]]

                    ``(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) <<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:
---------------------------------------------------------------------------

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

                                  <all>