[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1973 Enrolled Bill (ENR)]
H.R.1973
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
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,

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This Act may be cited as the ``Senator Paul Simon Water for the
Poor Act of 2005''.

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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
sanitation, 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 sanitation
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 disease 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 gender
equality, reducing child mortality, promoting environmental
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 independence.
(14) Between 20 percent and 50 percent of existing water
systems in developing countries are not operating or are operating
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 services.
(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 essential.
(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 Development
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 Implementation 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 the
International Decade for Action, `Water for Life', to commence 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
endangering the national security of the United States.
(27) Opportunities to manage water problems can be leveraged in
ways to build confidence, trust, and peace between parties in
conflict.
(28) Cooperative water management can help resolve conflicts
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 cooperation among
former parties in conflict, can help prevent the reemergence of
conflict.

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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 countries;
(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 provision of
affordable and equitable access to safe water and sanitation,
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 foreign
governments to formulate and implement policies that expand access
to safe water and sanitation in an affordable, equitable, and
sustainable manner, including integrated strategic planning; and
(10) to protect the supply and availability of safe water
through sound environmental management, including preventing the
destruction and degradation of ecosystems and watersheds.

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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 mechanisms 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.

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(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 sanitation in a sustainable
fashion, including integrated planning;
``(7) to secure the greatest amount of resources possible,
encourage private investment in water and sanitation infrastructure
and services, particularly in lower middle-income countries,
without creating unsustainable debt for low-income 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 subsection
(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 Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1704(c)) is amended by
adding at the end the following new paragraph:
``(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.''.

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(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, international organizations,
international financial institutions, recipient governments, United
States and international nongovernmental organizations, indigenous
civil society, and other appropriate entities.
(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.
(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 timetables
to achieve the objective described in subsection (a);
(3) an assessment of the level of funding and other assistance
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 Foreign 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 sustainability.
(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 appropriate
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.
(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 Representatives;
and
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.

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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.

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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.

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PROGRAMS.
It is the sense of the Congress that--
(1) the United States should further support, as appropriate,
water and sanitation activities of United Nations agencies, 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 development banks
(within the meaning of section 1701(c) of the International
Financial Institutions Act) to encourage the inclusion of water and
sanitation programs as a critical element of their development
assistance.

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(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 components 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 Relations
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 basin, aquifer, and
other watershed-wide mechanisms for governance and cooperation.

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(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Water for the Poor Act of 2005 — HR. 1973

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