Library / Laws / 113th / hr / H.R. 2901 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 2901
IN THE HOUSE OF REPRESENTATIVES
August 1, 2013
Mr. Blumenauer (for
himself, Mr. Poe of Texas,
Mr. Cole, Mr. Jones, Mr.
Ribble, Mr. Rohrabacher,
Mr. Sensenbrenner,
Mr. Shimkus,
Mr. Smith of New Jersey,
Mr. Terry,
Mr. Hanna,
Mr. Schock, and
Ms. Edwards) introduced the following
bill; which was referred to the Committee
on Foreign Affairs
A BILL
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.
1.
Short title and table of
contents
(a)
Short
title
This Act may be cited
as the Senator Paul Simon Water for
the World Act of 2013.
(b)
Table of
contents
The table of contents for this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Congress.
Sec. 4. Purpose.
Sec. 5. Improving coordination and oversight of safe water,
sanitation, and hygiene projects and activities.
Sec. 6. Increasing sustainability of safe water, sanitation,
and hygiene projects and activities.
Sec. 7. United States complimentary strategies to increase
sustainable, affordable, and equitable access to safe water, sanitation, and
hygiene.
Sec. 8. Transparency and monitoring and evaluation.
2.
Findings
Congress finds the following:
(1) The Senator Paul
Simon Water for the Poor Act of 2005 (Public Law 109–121; 119 Stat.
2533)—
(A) makes access to
affordable, equitable, and sustainable clean water, sanitation, and hygiene for
developing countries a specific policy objective of United States foreign
assistance programs;
(B) requires the
United States Government to—
(i) develop a strategy
to elevate and further the United States foreign policy and foreign assistance
objective to provide affordable and equitable access to safe water, sanitation,
and hygiene in developing countries; and
(ii) improve the
effectiveness and targeting of United States assistance programs undertaken in
support of that strategy;
(C) codifies Target 10
of the United Nations Millennium Development Goals; and
(D) seeks to reduce by
half between 1990 (the baseline year) and 2015—
(i) the
proportion of people who are unable to reach or afford safe drinking water;
and
(ii) the
proportion of people without access to basic sanitation.
(2) For maximum
effectiveness of assistance, safe drinking water, sanitation, and hygiene must
be coordinated with and reflected in programs and strategies for food security,
global health, environment, education, gender equality, and conflict prevention
and mitigation.
(3) On February 2,
2012, the United States national intelligence community released a National
Intelligence Estimate on Global Water Security, which found that—
(A) over the next
decade, countries of strategic importance to the United States will experience
water shortages, poor water quality, or floods, that will risk instability or
state failure and increase regional tensions;
(B) water problems may
pose a risk to global food markets and economic growth, and may harm the
economic performance of important trading partners;
(C) water stresses
compound existing problems, such as poverty, social tension, and ill-health and
without good management of water food supplies will be reduced and water borne
diseases will increase; and
(D) pressure will
arise for a more engaged United States to make water a global priority and to
support major development projects.
(4) On August 1, 2008,
Congress passed House Concurrent Resolution 318, which—
(A) supports the goals
and ideals of the International Year of Sanitation; and
(B) recognizes the
importance of sanitation on public health, poverty reduction, economic and
social development, and the environment.
(5) According to the
2005 Millennium Ecosystem Assessment, commissioned by the United Nations, more
than one-fifth of the world’s population relies on freshwater sources that are
either polluted or excessively withdrawn. Healthy ecosystems provide multiple
water-related services, such as flood control and water purification, upon
which human security, health and well-being depend. Therefore, measures aiming
to maintain or restore those services ensure the long-term sustainability of
strategies to secure safe and reliable access to water and sanitation.
(6) While progress is
being made on safe water and sanitation efforts—
(A) more than
783,000,000 people throughout the world lack access to safe drinking water;
and
(B) approximately 35
percent of the total global population does not have access to basic sanitation
services.
(7) A
lack of access to clean water and adequate sanitation has disproportionate, and
too often deadly impacts on children:
(A) Water and sanitation-related disease,
despite being preventable, remains one of the most significant child health
problems worldwide. Diarrhea is the most serious of these diseases, alone
killing over 3,000 children each day, and is the second biggest cause of death
in children in the post neonatal period, aged one month to 5 years. Ninety
percent of all people that die from diarrheal disease are children under the
age of 5. Eighty-eight percent of diarrheal disease is attributed to unsafe
drinking water, inadequate sanitation and poor hygiene.
(B) Even when bouts of
diarrhea don’t kill, these episodes can physically and mentally stunt children,
affecting them for the rest of their lives.
(C) Having adequate
and appropriate water supply and sanitation facilities in schools is a major
factor influencing whether children, and especially adolescent girls, attend
school.
(D) Adequate
sanitation facilities and practices contributes to reducing malnutrition in
children, improves the quality of life and dignity of girls and women, protects
the environment, and generates economic benefits for communities and
nations.
(8) The health and environmental consequences
of unsafe drinking water and poor sanitation are significant, accounting for
nearly 10 percent of the global burden of disease, and as further indicated by
the following:
(A) At any given time,
half of the hospital beds in developing countries are occupied by patients
suffering from diseases associated with lack of access to safe drinking water,
inadequate sanitation, and poor hygiene.
(B) More than
3,575,000 people die each year from water-related disease.
(C) Chronic or acute
diarrhea can lead to cognitive delays, with severe repercussions for economic
development.
(D) Lack of adequate
sanitation contaminates rivers worldwide, as one of the most significant
sources of water pollution. Every day, 2,000,000 tons of untreated sewage and
industrial and agricultural waste are discharged into the world’s
freshwaters.
(9) Clean water and
sanitation are among the most powerful drivers for human development. They
extend opportunity, enhance dignity, and help create a virtuous cycle of
improving health and rising wealth.
(10) Diseases linked
to unsafe water and poor sanitation, as well as the time and energy women often
devote to collecting water, significantly reduce economic productivity in less
developed countries and promote lifecycles of disadvantage.
(11) Expanding access
to clean water, sanitation, and hygiene, while protecting the natural
infrastructures that store, deliver, and purify water for nature and people,
are essential steps in reducing the global burden of disease, advancing
sustainable economic and social development, protecting basic human rights,
preventing violence against girls and women, and mitigating sources of conflict
associated with water scarcity, mass migration, and water related disasters,
both within and between countries.
(12) Nearly
1,000,000,000 people across the globe still suffer from chronic hunger. Water
scarcity and poor water management reduce agricultural productivity and add
pressures on valuable fisheries, posing a major threat to food security and
local livelihoods, and limits the ability of the world to provide the resources
necessary for the doubling of food production that will be required to meet the
demands of a projected population of 9,000,000,000 people by 2050.
(13) 2.8 billion
people in more than 48 countries are expected to face severe and chronic water
shortages by 2025, with major impacts on energy and food security, development,
livelihoods, human health, and natural infrastructure.
(14) Agriculture
consumes 70 percent of all freshwater withdrawn globally. Global increases in
the efficiency and productivity of both irrigated and rain-fed agriculture will
be needed to meet future food production requirements.
(15) Approximately
half the world’s population lives in cities, often in slums characterized by
unsafe water, poor sanitation, lack of basic services, overcrowding, inferior
construction and insecure tenure.
(16) According to the
United Nations, women make up 70 percent of the world’s poor. Yet, the time
they spend collecting water prevents them from undertaking other activities,
such as generating income or attending school.
(17) A lack of access
to safe water and improved sanitation close to home and at school can impact
girls’ educational attainment and retention, limiting their ability to break
the cycle of poverty. Research has found increases in girls’ school enrollment
when clean water points were installed closer to home, and increases in girls’
school attendance when separate latrines for boys and girls were provided on
site. Meeting Target 10 of the Millennium Development Goals for water and
sanitation would provide an estimated 272,000,000 additional school days per
year.
(18) A lack of water
points close to home or safe, private latrines can put women and girls in
isolated situations, making them more vulnerable to sexual and physical
violence. Violence against women and girls has consequences ranging from
psychosocial trauma to heightened risk of HIV/AIDS.
(19) Faith communities
and nonprofit development and conservation organizations across the United
States contribute significantly to the improvement of water, sanitation, and
hygiene in developing countries. By applying their expertise, providing
services, building the capacity of local organizations, establishing long-term
partnerships with local communities, empowering marginalized groups, supporting
sustainable water management and serving as a voice for the poor, faith-based
and nonprofit organizations complement and leverage assistance provided by the
United States Government.
(20) United States
businesses have developed key technologies, donated goods and services,
partnered with private and public sector entities, and invested their capital
to improve water and sanitation and freshwater sources in many developing
countries. Corporate actors have also partnered with other stakeholders to
implement sustainable water management and water use efficiency within their
plants and throughout their supply chain.
(21) Implementation of
the Senator Paul Simon Water for the Poor Act of 2005 must be significantly
strengthened if the purposes of section 135 of the Foreign Assistance Act of
1961 (22 U.S.C. 2152h; relating to assistance to provide safe water and
sanitation), as added by section 5(a) of the Senator Paul Simon Water for the
Poor Act of 2005, are to be met.
(22) The monitoring
and evaluation of the performance of United States foreign assistance programs
and their contribution to policy, strategies, projects, program goals, and
priorities undertaken by the Federal Government is essential to improving aid
effectiveness.
3.
Sense of
Congress
(a)
Findings
Congress finds the following:
(1) In May 2013, the
United States Agency for International Development released a Water and
Development Strategy, whose goal is to save lives and advance
development through improvements in water supply, sanitation, and hygiene
(WASH) programs, and through sound management and use of water for food
security..
(2) The Water and
Development Strategy states that it supports the efforts of the Senator Paul
Simon Water for the Poor Act of 2005 by advancing many activities
consistent with the goals of the Act..
(b)
Sense of
Congress
It is the sense of
Congress that—
(1) the initial United
States Agency for International Development’s Water and Development Strategy,
released in May 2013—
(A) is a significant
accomplishment and improves the Agency’s capacity to provide sustainable and
effective water, sanitation, and hygiene assistance;
(B) is supportive of
and should continue to reinforce the United States foreign policy and
development objectives for clean water, sanitation, and hygiene;
(C) should be refined and expanded by the
United States Agency for International Development as often as necessary to
ensure best practices are used and the purposes of the Senator Paul Simon Water
for the Poor Act of 2005 (Public Law 109–121; 119 Stat. 2533) and this Act are
met, should target the world’s poorest and those suffering from the lowest
levels of access to safe drinking water, sanitation, and hygiene, and should be
updated by the Agency not later than every 5 years, to more fully meet the
requirements and spirit of the Senator Paul Simon Water for the Poor Act of
2005 and section 135 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152h),
as added by section 5(a) of the Senator Paul Simon Water for the Poor Act of
2005; and
(D) is not, on its
own, the holistic United States water strategy required by the Senator Paul
Simon Water for the Poor Act of 2005, but instead addresses components of a
comprehensive strategy for how the United States plans to support the United
States foreign policy and development objectives and measure its success
towards the objectives required by the Senator Paul Simon Water for the Poor
Act of 2005 and this Act, and must be complimented by the development of a
whole-of-government United States Government global water strategy aimed at
creating an enabling environment through diplomatic channels for the Agency’s
water, sanitation, and hygiene programming that will better allow the Agency to
succeed in its mission; and
(2) the Secretary of State, acting through the
Special Advisor for Water Resources (established by 136(f) of the Foreign
Assistance Act of 1961), as added by section 5(a)(2)(C) of this Act, and in
collaboration and consultation with the Administrator of the United States
Agency for International Development, should develop a Global Water Resources
Strategy relating to United States foreign policy objectives for water,
pursuant to section 6(a) of the Senator Paul Simon Water for the Poor Act of
2005, as added by section 7 of this Act, that—
(A) articulates a
vision for the role played by the Department of State, including in its power
as a convener, in addressing the foreign policy and national security issues
identified in the Senator Paul Simon Water for the Poor Act of 2005 and this
Act, the 2012 National Intelligence Estimate on Global Water Security, and
other relevant whole-of-government assessments, strategies, and
approaches;
(B) is an ambitious
United States foreign policy framework that advances the objectives of the
Senator Paul Simon Water for the Poor Act of 2005 and this Act to provide
sustainable access to safe drinking water, sanitation, and hygiene to poor and
marginalized people through improved United States diplomatic efforts to build
political will and coordination across the Federal Government to better enable
United States Government agencies and partners to meet their international
development objectives;
(C) is complementary
to, supportive of, and does not inhibit, the Water and Development Strategy,
and establishes clear roles and responsibilities insofar as possible among
Federal agencies and departments responsible for jointly carrying out the
strategy, as required by section 6(b) of the Senator Paul Simon Water for the
Poor Act of 2005, as added by section 7 of this Act.
4.
Purpose
The purpose of this Act and the amendments
made by this Act is to strengthen implementation of the Senator Paul Simon
Water for the Poor Act of 2005 (Public Law 109–121; 119 Stat. 2533) by—
(1) improving
coordination and oversight of international water, sanitation, hygiene, and
sustainable water management programs within and between United States
Government agencies;
(2) increasing the
sustainability of United States Government-supported water, sanitation, and
hygiene programs, including in terms of affordability, accountability, and
financial, operational, institutional, and environmental sustainability;
(3) enhancing water, sanitation, and hygiene
expertise within the United States Agency for International Development and the
Department of State, which shall include a whole of agency approach to
establish a learning agenda aimed at increasing the quality, effectiveness, and
sustainability of the United States Government-supported water, sanitation, and
hygiene programs; and
(4) ensuring water,
sanitation, and hygiene programs and strategies are reflected in and supported
by other development initiatives such as food security, global health,
environment, education, gender quality, and conflict prevention and mitigation
within and between countries, with the goal of meeting the needs of the poorest
and most marginalized people.
5.
Improving
coordination and oversight of safe water, sanitation, and hygiene projects and
activities
(a)
In
general
Chapter 1 of part I of the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.) is amended—
(1) by redesignating section 135, as added by
section 5(a) of the Senator Paul Simon Water for the Poor Act of 2005 (Public
Law 109–121; 119 Stat. 2536; 22 U.S.C. 2152h note), as section 136; and
(2) in section 136, as
redesignated by paragraph (1) of this section—
(A) in the section
heading, by striking and
sanitation and inserting , sanitation, and
hygiene;
(B) in subsection (b),
by striking and sanitation and inserting , sanitation,
and hygiene; and
(C) by adding at the
end the following new subsections:
(e)
Global water
coordinator
(1)
In
general
The Administrator of
the United States Agency for International Development (USAID) shall designate
a senior advisor to coordinate and oversee the Agency’s programs in developing
countries that seek to provide affordable and equitable access to safe water,
sanitation, and hygiene, who shall be known as the Global Water
Coordinator, who shall administer and oversee an office to be known as
the Office of Water, Sanitation, and Development, and who shall report directly
to the Administrator and the Assistant Administrator overseeing water
programs.
(2)
Duties
The
Global Water Coordinator shall—
(A) oversee implementation of this section, the
Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109–121; 119
Stat. 2533; 22 U.S.C. 2152h note) and the Senator Paul Simon Water for the World Act of
2013;
(B) oversee the buildup of capacity and
expertise within USAID to implement this section, the Senator Paul Simon Water
for the Poor Act of 2005 (Public Law 109–121; 119 Stat. 2533; 22 U.S.C. 2152h
note), and the Senator Paul Simon Water for
the World Act of 2013, including—
(i) by appointing
USAID mission water advisors in each high priority country, who—
(I) shall have or be
given the opportunity to fully develop their technical skills and competencies
necessary to provide appropriate guidance to technical and program staff to
ensure the Water and Development Strategy can be successfully implemented;
and
(II) shall ensure
water, sanitation, and hygiene objectives and indicators are reflected
throughout program planning and budgeting documents;
(ii) work with USAID
regional bureaus, who shall be the primary liaisons between the Global Water
Coordinator and mission water advisors, to ensure water, sanitation, and
hygiene projects are reflected in country-specific multiyear strategies,
multiyear sector strategies, and project designs in each high priority country;
and
(iii) ensure that
water, sanitation, hygiene and water management issues are incorporated into
all relevant Agency training programs at the office, regional, and mission
levels;
(C) lead the implementation of the Water and
Development Strategy and oversee the review and development no later than every
5 years of an updated Water and Development Strategy such that it more clearly
meets the requirements of the Senator Paul Simon Water for the Poor Act of 2005
and this Act;
(D) assist and monitor the development of
country-specific and, where appropriate, regional water strategies, whether
independent, or as part of broader USAID country-specific or regional
strategies, in coordination with relevant USAID mission directors, other
appropriate personnel, and pursuant to the interagency consultation and
coordination process as required by section 5(b) of the
Senator Paul Simon Water for the World Act of
2013, ensuring such strategies reflect best practices as they
relate to increasing access to clean water, sanitation, and hygiene activities,
and sustainable water management;
(E) ensure sustainable
and equitable access to clean water, sanitation, and hygiene are reflected in
strategies and broader USAID policies or strategies, including policies or
strategies relating to food security, global health, environment, education,
gender equality, and conflict prevention and mitigation;
(F) develop appropriate benchmarks, measurable
goals, performance metrics, and monitoring and evaluation plans for water,
sanitation, and hygiene programs in accordance with and as required by sections
6 and 7 of the Senator Paul Simon Water for the Poor Act of 2005 (Public Law
109–121; 119 Stat. 2533; 22 U.S.C. 2152h note);
(G) ensure programming
for sustainable water management, and equitable access to clean water,
sanitation, and hygiene are reflected across USAID programming in a manner
consistent with the long-term sustainability of service outcomes and freshwater
sources; and
(H) foster the
development, dissemination, and increased and consistent use of low-cost and
sustainable technologies, public and private partnerships, credit guarantees
and other financing arrangements that leverage non-Federal funds for impact on
equitable access to affordable water, sanitation, and hygiene services that
will provide long-term benefits to the world’s poorest communities.
(3)
Staff
The
Administrator shall ensure that a sufficient number of employees with
appropriate experience or expertise are reassigned or detailed from within
USAID to assist the Global Water Coordinator in carrying out the duties of
paragraph (2).
(4)
Definitions
In this subsection—
(A) the term high priority country
means a low-income or lower-middle income country designated pursuant to
section 6(b)(2)(C) of the Senator Paul Simon Water for the Poor Act of 2005
(Public Law 109–121; 119 Stat. 2533; 22 U.S.C. 2152h note) and enumerated in
the strategy required by such Act, the first iteration of which was released by
USAID in May 2013; and
(B) the term
Water and Development Strategy means the strategy released by
USAID in May 2013 and its revisions, required to be developed as soon as
practicable after the date of the enactment of the Senator Paul Simon Water for
the World Act of 2013, but no less than 5 years after such date of enactment
and every 5 years thereafter under section 6(b) of the Senator Paul Simon Water
for the Poor Act of 2005 (Public Law 109–121; 119 Stat. 2533; 22 U.S.C. 2152h
note).
(f)
Special advisor
for water resources
(1)
In
general
The Secretary of State shall designate a senior advisor
to develop, coordinate, and oversee United States foreign policy relating to
freshwater resources and policies complementary to, and in support of, the
United States Agency for International Development’s Water and Development
Strategy, who shall be known as the Special Advisor for Water
Resources, and who shall report directly to the Secretary of State and
the Under Secretary overseeing water programs.
(2)
Duties
The
Special Advisor for Water Resources shall—
(A) oversee and coordinate the development and
implementation of approaches to increasing political will and government
support in partner countries in accordance with United States foreign policy on
drinking water, sanitation, hygiene, water resource management, and
transboundary water, including—
(i) working with partner countries and other
stakeholders to develop, sustain, and leverage political and financial
commitments that would improve access to safe drinking water, sanitation, and
hygiene, and sustainable water management over the long term;
(ii) assisting and
encouraging other countries and international organizations to plan and manage
water resources in an efficient, transparent, equitable, inclusive, and
environmentally sustainable manner, taking into account the interdependence
among water, food, energy, and sustainable development;
(iii) fostering
regional and cross-border cooperation for integrated management, use and
protection of internationally shared rivers, lakes, and aquifer systems;
(iv) preventing and
mitigating intra- and trans-boundary conflict over water resources, including
through efforts to strengthen international water law and institutions as tools
for facilitating cooperation;
(v) working with
partner countries, international organizations, and other stakeholders to
manage water resources in ways that reduce risk and impact from potential
water-related shocks such as, but not limited to, droughts or floods, including
for improved global food security; and
(vi) fostering
increased agricultural and urban productivity of water resources;
(B) promote and be the
representative for United States policy relating to global freshwater issues in
key diplomatic and scientific forums; and
(C) lead the
development and implementation of the Global Water Resources Strategy required
by section 6(a) of the Senator Paul Simon Water for the Poor Act of 2005
(Public Law 109–121; 119 Stat. 2533; 22 U.S.C. 2152h note) and oversee the
review of and update to not later than every 5 years the Global Water Resources
Strategy to reflect pressing global challenges and changes.
(3)
Staff
The
Secretary of State shall ensure that a sufficient number of employees of the
Department of State with appropriate experience or expertise are reassigned or
detailed from within the Department of State to assist the Special Advisor for
Water Resources in carrying out the duties of paragraph (2).
(4)
Definitions
In
this subsection—
(A) the term Water and Development
Strategy means the strategy released by USAID in May 2013 and its
revisions, required to be developed as soon as practicable after the date of
the enactment of the Senator Paul Simon Water for the World Act of 2013, but no
less than 5 years after such date of enactment and every 5 years thereafter
under section 6(b) of the Senator Paul Simon Water for the Poor Act of 2005
(Public Law 109–121; 119 Stat. 2533; 22 U.S.C. 2152h note); and
(B) the term
Global Water Resources Strategy means the strategy required under
section 6(a) of the Senator Paul Simon Water for the Poor Act of 2005 (Public
Law 109–121; 119 Stat. 2533; 22 U.S.C. 2152h
note).
.
(b)
Interagency
consultation and coordination
(1)
In
general
Not later than 90
days after the date of the enactment of this Act, the Administrator of the
United States Agency for International Development and the Secretary of State
shall develop and implement a process to ensure regular consultation and
coordination between the Global Water Coordinator and the Special Advisor for
Water Resources so that their efforts are complimentary and in support of the
implementation, and subsequent revision not later than every 5 years, of the
Global Water Resources Strategy and the Water and Development Strategy.
(2)
Matters to be
included
The process required
under paragraph (1) should include jointly convened meetings with any Federal
department or agency administering United States water, sanitation, and hygiene
programs to evaluate progress in carrying out the strategies described in
paragraph (1), or the revision to any such strategy, as required by section 6
of the Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109–121;
119 Stat. 2533; 22 U.S.C. 2152h note), as amended by section 7 of this
Act.
(3)
Definitions
In
this subsection—
(A) the term
Global Water Coordinator means the Global Water Coordinator
designated under section 136(e) of the Foreign Assistance Act of 1961, as added
by subsection (a)(2) of this section;
(B) the term
Global Water Resources Strategy means the strategy required under
section 6(a) of the Senator Paul Simon Water for the Poor Act of 2005 (Public
Law 109–121; 119 Stat. 2533; 22 U.S.C. 2152h note), as amended by section 7 of
this Act;
(C) the term
Special Advisor for Water Resources means the Special Advisor for
Water Resources designated under section 136(f) of the Foreign Assistance Act
of 1961, as added by subsection (a)(2) of this section; and
(D) the term Water and Development
Strategy means the strategy released by USAID in May 2013 and its
revisions, required to be developed as soon as practicable after the date of
the enactment of this Act, but no less than 5 years after such date of
enactment and every 5 years thereafter under section 6(b) of the Senator Paul
Simon Water for the Poor Act of 2005 (Public Law 109–121; 119 Stat. 2533; 22
U.S.C. 2152h note), as amended by section 7 of this Act.
6.
Increasing
sustainability of safe water, sanitation, and hygiene projects and
activities
(a)
Principles
In order to ensure that water, sanitation,
and hygiene projects and activities of the United States Agency for
International Development carried out under the authorities of section 136 of
the Foreign Assistance Act of 1961, as redesignated and amended by section 5 of
this Act, and the Senator Paul Simon Water for the Poor Act of 2005 (Public Law
109–121; 119 Stat. 2533; 22 U.S.C. 2152h note), as amended by this Act, achieve
maximum impact and continue to deliver lasting benefits after completion, such
projects and activities shall be carried out in accordance with, and monitored
and evaluated against the following principles:
(1) Projects and
activities should be targeted to the poorest and most vulnerable countries and
communities, including women and girls, displaced persons and refugees, and
other marginalized populations.
(2) Projects and
activities should be designed in consultation with a broad range of local and
national stakeholders, including communities directly affected by a lack of
access to clean water, sanitation or hygiene, nongovernmental organizations,
cooperatives, foundations, universities, private sector entities, and
women-focused organizations.
(3) Projects and activities to provide services
for the poor should be designed wherever possible to be financially or
commercially viable over the long term, focusing on local ownership and
sustainability, and undertaken in conjunction with relevant public institutions
or private enterprise so long as they can provide access to water, sanitation,
and hygiene in such a way that strengthens social equity of access and keeps
these services affordable to all, especially the poorest of the poor.
(4) Governments of
countries in which projects and activities are carried out should identify
revenue streams sufficient to cover the costs of maintaining public equipment
and services with respect to such projects and activities over the long
term.
(5) Projects and
activities should provide for a functioning management and maintenance system
comprising tools, supply chains, transport, equipment, training and individuals
or institutions with clear responsibilities for achieving
sustainability.
(6) With respect to
projects and activities that are managed by communities or institutions,
effective external support should be provided to such communities or
institutions.
(7) Projects should be
designed to provide access to water, sanitation, and hygiene, and sustainable
water management through joint programs and other coordinated mechanisms and
policies, in order to ensure the long-term sustainability of the results
achieved, to mitigate any negative environmental impacts, and to ensure the
resilience of natural and man-made infrastructure to floods, droughts, and
other water-related disasters.
(8) Access to water
and sanitation should be expanded in an equitable manner and on the basis of
need, without regard to race, gender, religion, or ethnic origin.
(b)
Local
ownership
Not later than 90 days after the date of the enactment
of this Act, the Administrator of the United States Agency for International
Development shall establish guidelines and procedures to ensure that—
(1) a
broad range of local and national stakeholders is consulted in the development
of any country-specific water strategy;
(2) any water,
sanitation, and hygiene projects and activities authorized under each such
strategy are designed to address the specific needs of women and girls;
and
(3) local civil
society organizations, including nonprofit organizations as well as businesses,
are full participants in the selection and design, implementation, monitoring,
and evaluation of water, sanitation, and hygiene projects and
activities.
(c)
Local
procurement
(1)
Authority
In
providing assistance under the authorities of section 136 of the Foreign
Assistance Act of 1961, as redesignated and amended by section 5 of this Act,
the Administrator of the United States Agency for International Development is
authorized to award contracts and other acquisition instruments on a
noncompetitive basis to local entities in high priority countries to carry out
safe water, sanitation, and hygiene projects and activities in such
countries.
(2)
Limitation
A
contract or other instrument described in paragraph (1) may not have a value
that exceeds $5,000,000.
(3)
Supersedes other
laws
The Administrator of the United States Agency for
International Development may exercise the authority of paragraph (1)
notwithstanding any other provision of law.
(4)
Definitions
In
this subsection—
(A) the term high priority country
means a low-income or lower-middle income country designated pursuant to
section 6(b)(2)(C) of the Senator Paul Simon Water for the Poor Act of 2005
(Public Law 109–121; 119 Stat. 2533; 22 U.S.C. 2152h note), as amended by
section 7 of this Act; and
(B) the term
local entity means an individual, corporation, or other entity
that—
(i) is
organized under the laws of the high priority country;
(ii) has
its principal place of business or operations in such country; and
(iii) is
owned or controlled by citizens of such country.
(5)
Funding
Funds made available to carry out the
Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109–121; 119
Stat. 2533; 22 U.S.C. 2152h note) for any fiscal year are authorized to be made
available to carry out this subsection.
(d)
Retention of
interest
(1)
Authority
In
providing assistance under the authorities of section 136 of the Foreign
Assistance Act of 1961, as redesignated and amended by section 5 of this Act,
the Administrator of the United States Agency for International Development is
authorized to enter into agreements with indigenous local private or public
groups, associations, or other entities in high priority countries to provide
for the retention by such group, association, or other entity, without deposit
in the Treasury of the United States and without further appropriation by law,
of interest earned on such assistance so provided.
(2)
Limitation
An
agreement described in paragraph (1) may not have a value that exceeds
$5,000,000.
(3)
Use of
interest
Any interest earned on the advance of funds under an
agreement authorized under paragraph (1) may be used only for the purposes for
which the agreement is made.
(4)
Audits
The
Administrator shall, on a regular and recurring basis, audit interest earned on
advance funds under an agreement authorized under paragraph (1) to ensure that
the requirements of paragraph (3) are met.
(5)
Definition
In
this subsection, the term high priority country means a low-income
or lower-middle income country designated pursuant to section 6(b)(2)(C) of the
Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109–121; 119
Stat. 2533; 22 U.S.C. 2152h note), as amended by section 7 of this Act.
7.
United States
complimentary strategies to increase sustainable, affordable, and equitable
access to safe water, sanitation, and hygiene
Section 6 of the Senator Paul Simon Water
for the Poor Act of 2005 (Public Law 109–121; 119 Stat. 2533; 22 U.S.C. 2152h
note) is amended to read as follows:
6.
United States
complimentary strategies to increase sustainable, affordable, and equitable
access to safe water, sanitation, and hygiene
(a)
Global water
resources strategy
(1)
In
general
As soon as
practicable after the date of the enactment of the Senator Paul Simon Water for
the World Act of 2013, and every 5 years thereafter, the President, acting
through the Secretary of State, shall develop a strategy to further the United
States foreign policy objective to provide affordable and equitable access to
safe water and sanitation in developing countries, as described in section 136
of the Foreign Assistance Act of 1961 and by the Agency’s Water and Development
Strategy required under subsection (b).
(2)
Contents
The
strategy required under paragraph (1) shall—
(A) articulate the
United States foreign policy framework that will drive the implementation of
the United States foreign policy objectives on increasing access to equitable,
clean drinking water, sanitation, and hygiene for the world’s poorest, water
resource management, transboundary water and prevention of conflict over water
resources; and
(B) address ways in
which United States foreign policy efforts will promote global water security
by building political will and partnerships, and support for national level
planning processes, in conjunction with the United States Agency for
International Development and other Federal agencies, and leveraging expertise,
knowledge, technology and resources that will increase the likelihood that the
world’s poor receive or continue to have the water they need, when and where
they need it, in a sustainable, equitable and conflict-free manner.
(3)
Consultation
The
strategy required by paragraph (1) shall be developed in consultation with the
Administrator of the United States Agency for International Development, the
heads of other appropriate Federal departments and agencies, international
organizations, international financial institutions, recipient governments,
United States and international nongovernmental organizations, indigenous civil
society, and other appropriate entities, and shall be complimentary to, or
ultimately joined with, the Agency’s Water and Development Strategy required
under subsection (b) and subsequent revisions thereto.
(4)
Implementation
The
Secretary of State, acting through the Under Secretary of State who has
responsibility to oversee water programs and the Special Advisor for Water
Resources, shall implement the strategy required under paragraph (1). The
strategy may also be implemented in part by other Federal departments and
agencies, as appropriate.
(5)
Consistent with
safe water and sanitation policy
The strategy required under
paragraph (1) shall be consistent with the policy stated in section 3 of this
Act.
(6)
Content
The
strategy required under paragraph (1) shall include—
(A) specific and
measurable goals, benchmarks, and timetables to achieve the objective described
in paragraph (1);
(B) an assessment of
the level of funding and other assistance for United States water and
sanitation programs needed each by the United States Department of State year
to achieve the goals, benchmarks, and timetables described in subparagraph
(A);
(C) methods to coordinate and integrate United
States water, water resources and sanitation assistance carried out by the
Department of State with water, sanitation, hygiene and water resource
development programs carried out by the United States Agency for International
Development and other Federal agencies to achieve the objective described in
paragraph (1);
(D) 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
paragraph (1); and
(E) an assessment of
the commitment of governments of countries that receive assistance under
section 136 of the Foreign Assistance Act of 1961 to policies or policy reforms
that support affordable and equitable access by the people of such countries to
safe water and sanitation.
(b)
Water and
Development Strategy
(1)
In
general
As soon as practicable after the date of the enactment of
the Senator Paul Simon Water for the World Act of 2013, but no less than 5
years after such date of enactment and every 5 years thereafter, the
Administrator of the United States Agency for International Development, acting
through the Global Water Coordinator and in consultation with the Special
Advisor for Water Resources, shall develop a strategy, to be known as the
Water and Development Strategy, to further, through the United
States Agency for International Development, the United States foreign
assistance objective to provide affordable, equitable, and sustainable access
to safe drinking water, sanitation, and hygiene in developing countries, as
described in section 136 of the Foreign Assistance Act of 1961. Such strategy
shall be complimentary to the United States foreign policy objectives of the
safe water and sanitation strategy required under subsection (a) and shall be
transmitted to the appropriate congressional committees and made publicly
available on the Internet.
(2)
Contents
The strategy required under paragraph (1)
shall provide an ambitious vision for leadership of the international
development objectives of this Act and the Senator Paul Simon Water for the
World Act of 2013 and meet the following requirements:
(A)
Consistency with
safe water, sanitation, and hygiene policy
The strategy shall be
consistent with the policy stated in section 3 of the Senator Paul Simon Water
for the Poor Act of 2005 (Public Law 109–121; 119 Stat. 2533; 22 U.S.C. 2152h
note).
(B)
Criteria for
determining high priority countries
The strategy shall identify
low-income and lower-middle income countries with a severe lack of access to
affordable, equitable, and sustainable safe drinking water, sanitation and
hygiene, by assessing—
(i) the government or
nongovernmental organizational capacity or commitment to manage and implement
affordable, equitable, and sustainable solutions, in accordance with section 6
of the Senator Paul Simon Water for the World Act of 2013;
(ii) opportunities to
leverage existing indigenous public sector, local, donor or private sector
investments in the water, sanitation and water resource management
sector;
(iii) the number of
people and percent of the population without access to an improved source of
safe drinking water in or close to home, disaggregated by rural, peri-urban, or
urban geographic location;
(iv) the number of
people and percent of the population without access to an improved source of
sanitation in or close to home, disaggregated by rural, peri-urban, or urban
geographic location;
(v) the mortality rate
and number of deaths of children under 5 years old due to diarrhea;
(vi) the mortality
rate and number of deaths of children under 5 years old due to
pneumonia;
(vii) the number and
proportion of children under 5 years old who are under-nourished;
(viii) the average
time burden of water collection in rural areas;
(ix) the coexistence
in a single geographic area of two or more diseases categorized as a neglected
tropical disease spread in whole or in part due to lack of access to safe
drinking water, sanitation or hygiene, as defined by the Agency; and
(x) the degree to
which water, sanitation, and hygiene programs are identified as a priority by a
beneficiary government, region, or community, as identified in national plans
and strategies and the country-specific multiyear strategies as developed by
the Agency mission in consultation with the national government and civil
society.
(C)
Designating high
priority countries
The strategy shall select 10 to 20 of the
eligible countries identified through the assessment required by subparagraph
(B) and identify such countries as high priority countries.
(D)
Requirements for
high priority countries
Each country selected as a high priority
country shall be the focus of the Agency’s water, sanitation, and hygiene
programming, and the strategy shall develop comprehensive and holistic
individual country plans for each high priority country so as to meet the
objectives of paragraph (1). Such plans shall include—
(i) a
results framework, in accordance with the sustainability principles identified
in section 6 of the Senator Paul Simon Water for the World Act of 2013, and
monitoring and evaluation principles identified in section 7 of this Act, which
shall include indicators composed of those criteria used in paragraph (2) to
identify high priority countries, that shall be used to measure the long-term
impacts and sustainability of programs, including the ongoing commitment of
host-country institutions, or lack thereof, and increased access to water,
sanitation, and hygiene projects, programs and services provided directly or
leveraged by the United States Government; and
(ii) a
clearly described process by which the strategy shall be aligned, coordinated,
and leveraged with United States development strategies, policies, and
international development initiatives that operate within the high priority
country, to include coordination with and reflected in the high priority
country’s comprehensive strategy for United States Government-supported
development assistance.
(E)
Additional
requirements for high priority countries
For each high priority
country, the Agency’s mission director for such country shall—
(i) designate
sustainably increasing access to safe drinking water and sanitation as a
strategic objective, reflected in country-specific strategies that incorporate
sustainable water management goals and targets in accordance with this Act;
and
(ii) ensure, where
complimentary, that the benefits of safe drinking water, sanitation, and
hygiene are reflected in other development initiatives.
(3)
Rule of
construction relating to initial strategy
The Agency’s Water and
Development Strategy, issued in May 2013, shall be deemed to be the initial
strategy required under paragraph (1) and shall be updated in a timely manner
as required by paragraph (1).
(4)
Implementation
plan
Not later than 90 days after the date of transmission of the
initial strategy required under paragraph (1), the Global Water Coordinator
shall submit to the appropriate congressional committees an implementation plan
detailing how the United States Agency for International Development will
institutionalize the strategy, including—
(A) the budget
resources needed to achieve the goals, benchmarks, and timetables described in
this subsection, and an assessment of what will likely be achieved at current
funding levels; and
(B) the number, types,
and levels of specialists and generalists currently employed, and projected to
be needed, in each functional and geographic area, including support,
management, and administrative functions, to carry out the strategy.
(5)
Collaboration
and coordination
(A)
In
general
In developing the strategy required under paragraph (1)),
and the implementation plan required under paragraph (4), the Global Water
Coordinator shall—
(i) consult with
relevant Executive agencies;
(ii) consult with the
Special Advisor for Water Resources;
(iii) consult with the
Interagency Consultation and Coordination process as required by section 5(b)
of the Paul Simon Water for the World Act of 2013; and
(iv) consult with
representatives of civil society and multi-lateral organizations with
demonstrated experience in addressing the lack of access to affordable,
equitable and sustainable safe drinking water, sanitation and hygiene in
developing countries.
(B)
Public
comment
In carrying out paragraph (1)(D), the Global Water
Coordinator shall allow public comments to be submitted for consideration
through a mechanism of the Global Water Coordinator’s choosing, except that
such comment period shall last not less than 45 days.
(c)
Definitions
In
this section:
(1)
Global water
coordinator
The term Global Water Coordinator means
the Global Water Coordinator designated under section 136(e) of the Foreign
Assistance Act of 1961.
(2)
Special advisor
for water resources
The term Special Advisor for Water
Resources means the Special Advisor for Water Resources designated under
section 136(f) of the Foreign Assistance Act of
1961.
.
8.
Transparency and
monitoring and evaluation
Section 7 of the Senator Paul Simon Water
for the Poor Act of 2005 (Public Law 109–121; 119 Stat. 2533; 22 U.S.C. 2152h
note) is amended to read as follows:
7.
Transparency and
monitoring and evaluation
(a)
Transparency
(1)
In
general
Not later than 1 year after the date of the enactment of
the Senator Paul Simon Water for the World Act of 2013, the Administrator of
the United States Agency for International Development shall, as part of the
Agency’s Internet Web site, establish and maintain a Web page to make publicly
available comprehensive, timely, comparable, and accessible information on
United States water, sanitation, and hygiene foreign assistance programs. The
head of each Federal department or agency that administers such programs shall
on a quarterly basis publish and update on the Web page such information with
respect to programs of the department or agency.
(2)
Matters to be
included
(A)
In
general
To ensure transparency, accountability, and effectiveness
of United States water, sanitation, and hygiene foreign assistance programs,
the information required by paragraph (1) shall include—
(i) the strategy required by section 6(b) of
the Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109–121; 119
Stat. 2533; 22 U.S.C. 2152h note);
(ii) a list of countries that meet the criteria
outlined in section 6(b)(2)(B) of the Senator Paul Simon Water for the Poor Act
of 2005;
(iii) an
identification of each country designated as a high priority country under
section 6(b)(2)(C) of the Senator Paul Simon Water for the Poor Act of 2005,
including a fully articulated rationale of why each country received the
designation;
(iv) for each fiscal
year, information on the amount of funds expended in each country or program to
carry out this Act and the Senator Paul Simon Water for the Poor Act of 2005,
disaggregated by purpose of assistance, including information on capital
investments, and the source of such funds by account; and
(v) evaluations of
water, sanitation, and hygiene programs.
(B)
Posting
requirements
Such information shall be published on the Web page
not later than 30 days after the date of issuance of the information and shall
be continuously updated.
(C)
Report in lieu
of inclusion
If the head of a Federal department or agency
described in paragraph (1) makes a determination that the inclusion of a
required item of information on the Web page would jeopardize the health or
security of an implementing partner or program beneficiary or would be
detrimental to the national interests of the United States, such item of
information may be submitted to Congress in a written report in lieu of
including it on the Web page, along with the reasons for not including it on
the Web page.
(3)
Database
The
Web page shall also contain a link to a searchable database available to the
public containing such information relating to the current fiscal year and, as
available, for each prior fiscal year dating to and including fiscal year
2006.
(4)
Form
Such
information shall be published on the Web page in unclassified form. Any
information determined to be classified information may be submitted to
Congress in classified form and an unclassified summary of such information
shall be published on the Web page.
(b)
Monitoring and
evaluation
(1)
In
general
With regard to water,
sanitation, and hygiene programming, the Global Water Coordinator shall ensure
that the Agency monitors and evaluates projects and activities carried out
under such programs, including carrying out assessments of impact where
appropriate, and ensuring results of evaluations are used to inform the design
of such projects and activities. Such monitoring and evaluations shall—
(A) be carried out in
accordance with, and measured against the principles described in section 6(b)
of the Senator Paul Simon Water for the Poor Act of 2005 and, where
appropriate, the goals established section 6(b)(2)(D) of the Senator Paul Simon
Water for the Poor Act of 2005; and
(B) conduct longer
term monitoring and evaluation of its water activities in order to assess
sustainability beyond the typical Agency program cycle and to enable reasonable
support to issues that arise post implementation.
(2)
Mandatory
set-aside for monitoring and evaluation
Each water, sanitation,
and hygiene project shall be planned and budgeted to include funding for both
short- and long-term monitoring and evaluation so that the United States
Government and other stakeholders can ascertain the long-term return on
investment of United States assistance funds and to enable learning about the
sustainability of assistance programs and projects that shall inform future
projects and programs.
(3)
When to conduct
evaluations
The evaluation of water, sanitation, and hygiene
projects should include measurable goals and performance metrics, to be tracked
against an established baseline at the outset. Such evaluations should occur
immediately following the completion of a project, and no fewer than half of
all water, sanitation, and hygiene projects shall be reevaluated 5 years after
the completion of the project, all in accordance with the requirements and
metrics enumerated in paragraph (1).
(4)
Definitions
In
this subsection:
(A)
Monitoring
The
term monitoring means, with respect to a United States water,
sanitation, or hygiene foreign assistance program, a continuing function that
uses systematic collection of data on specified indicators to provide
management and the main stakeholders of an ongoing development intervention
with indications of the extent of progress and achievement of objectives and
progress in the use of allocated funds.
(B)
Evaluation
The
term evaluation means, with respect to a United States water,
sanitation, or hygiene foreign assistance program, the systematic collection
and analysis of information about the characteristics and outcomes of the
program and projects under the program as a basis for judgments, to improve
effectiveness, and to inform decisions about current and future programming,
including an explanation of the reasons for or causes of the observed
results.
.