Senator Paul Simon Water for the Poor Act of 2005
PL 109-121 (H.R.1973), enacted 12/01/2005

119 STAT. 2533
PUBLIC LAW 109–121—DEC. 1, 2005
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.
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 Poor Act of 2005’’.
SEC. 2. 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 sanita-
tion, 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 sani-
tation 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 dis-
ease 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
22 USC 2152h
note.
Senator Paul
Simon Water
for the Poor
Act of 2005.
22 USC 2152h
note.
Dec. 1, 2005
[H.R. 1973]
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119 STAT. 2534
PUBLIC LAW 109–121—DEC. 1, 2005
gender equality, reducing child mortality, promoting environ-
mental 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 independ-
ence.
(14) Between 20 percent and 50 percent of existing water
systems in developing countries are not operating or are oper-
ating 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 serv-
ices.
(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 essen-
tial.
(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 Develop-
ment 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 Implementa-
tion 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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119 STAT. 2535
PUBLIC LAW 109–121—DEC. 1, 2005
the International Decade for Action, ‘Water for Life’, to com-
mence 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 endan-
gering the national security of the United States.
(27) Opportunities to manage water problems can be lever-
aged in ways to build confidence, trust, and peace between
parties in conflict.
(28) Cooperative water management can help resolve con-
flicts 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 coopera-
tion among former parties in conflict, can help prevent the
reemergence of conflict.
SEC. 3. 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 coun-
tries;
(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 provi-
sion of affordable and equitable access to safe water and sanita-
tion, 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 for-
eign governments to formulate and implement policies that
22 USC 2152h
note.
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119 STAT. 2536
PUBLIC LAW 109–121—DEC. 1, 2005
expand access to safe water and sanitation in an affordable,
equitable, and sustainable manner, including integrated stra-
tegic planning; and
(10) to protect the supply and availability of safe water
through sound environmental management, including pre-
venting the destruction and degradation of ecosystems and
watersheds.
SEC. 4. 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 mecha-
nisms 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. 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. 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 sanita-
tion in a sustainable fashion, including integrated planning;
‘‘(7) to secure the greatest amount of resources possible,
encourage private investment in water and sanitation infra-
structure and services, particularly in lower middle-income
countries, without creating unsustainable debt for low-income
22 USC 2152h.
22 USC 2152h
note.
22 USC 2152h
note.
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119 STAT. 2537
PUBLIC LAW 109–121—DEC. 1, 2005
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) 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 sub-
section (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 Agricul-
tural Trade Development and Assistance Act of 1954 (7 U.S.C.
1704(c)) is amended by adding at the end the following new para-
graph:
‘‘(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. 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, inter-
national organizations, international financial institutions, recipient
governments, United States and international nongovernmental
organizations, indigenous civil society, and other appropriate enti-
ties.
(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.
22 USC 2152h
note.
President.
President.
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119 STAT. 2538
PUBLIC LAW 109–121—DEC. 1, 2005
(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 time-
tables to achieve the objective described in subsection (a);
(3) an assessment of the level of funding and other assist-
ance 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 For-
eign 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 sustain-
ability.
(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 appro-
priate 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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119 STAT. 2539
PUBLIC LAW 109–121—DEC. 1, 2005
(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 Representa-
tives; and
(B) the Committee on Foreign Relations and the Com-
mittee on Appropriations of the Senate.
SEC. 7. 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. 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. 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 appro-
priate, water and sanitation activities of United Nations agen-
cies, 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 develop-
ment banks (within the meaning of section 1701(c) of the Inter-
national Financial Institutions Act) to encourage the inclusion
of water and sanitation programs as a critical element of their
development assistance.
SEC. 10. 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 compo-
nents 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 Rela-
tions 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
22 USC 2152h
note.
22 USC 2152h
note.
22 USC 2152h
note.
22 USC 2152h
note.
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119 STAT. 2540
PUBLIC LAW 109–121—DEC. 1, 2005
LEGISLATIVE HISTORY—H.R. 1973:
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.
basin, aquifer, and other watershed-wide mechanisms for govern-
ance and cooperation.
SEC. 11. 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.
22 USC 2152h
note.
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