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22 U.S.C. § 2152h — Assistance to provide safe water, sanita-

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22 U.S.C. § 2152h — Assistance to provide safe water, sanita-

Page 651 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2152h Statutory Notes and Related Subsidiaries APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED Pub. L. 109–95, § 6, Nov. 8, 2005, 119 Stat. 2118, provided that: ‘‘In this Act [see Short Title of 2005 Amendment note set out under section 2151 of this title], the term ‘appropriate congressional committees’ means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives.’’ § 2152h. Assistance to provide safe water, sanita- tion, and hygiene (a) Purposes The purposes of assistance authorized by this section are— (1) to promote good health, economic devel- opment, poverty reduction, women’s empower- ment, conflict prevention, and environmental sustainability by providing assistance to ex- pand access to safe water and sanitation, pro- moting integrated water resource manage- ment, 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 ac- cess 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 sani- tation 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 ac- cess to safe water and sani

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Page 651 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2152h Statutory Notes and Related Subsidiaries APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED Pub. L. 109–95, § 6, Nov. 8, 2005, 119 Stat. 2118, provided that: ‘‘In this Act [see Short Title of 2005 Amendment note set out under section 2151 of this title], the term ‘appropriate congressional committees’ means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives.’’ § 2152h. Assistance to provide safe water, sanita- tion, and hygiene (a) Purposes The purposes of assistance authorized by this section are— (1) to promote good health, economic devel- opment, poverty reduction, women’s empower- ment, conflict prevention, and environmental sustainability by providing assistance to ex- pand access to safe water and sanitation, pro- moting integrated water resource manage- ment, 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 ac- cess 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 sani- tation 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 ac- cess to safe water and sanitation through the creation of innovative financing mechanisms such as national revolving funds, and by strengthening the capacity of recipient gov- ernments 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 re- sources possible, encourage private invest- ment in water and sanitation infrastructure and services, particularly in lower middle-in- come 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 gov- ernments to provide affordable, equitable, and sustainable access to safe water and sanita- tion. (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, sanitation, and hygiene. (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 pop- ulations; (2) support the design, construction, mainte- nance, upkeep, repair, and operation of water delivery and sanitation systems; (3) improve the safety and reliability of water supplies, including environmental man- agement; and (4) improve the capacity of recipient govern- ments and local communities, including ca- pacity-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 Food for Peace Act (7 U.S.C. 1701 et seq.) to provide assistance under this section. (e) Coordination and oversight (1) USAID Global Water Coordinator (A) Designation The Administrator of the United States Agency for International Development (re- ferred to in this paragraph as ‘‘USAID’’) or the Administrator’s designee, who shall be a current USAID employee serving in a career or non-career position in the Senior Execu- tive Service or at the level of a Deputy As- sistant Administrator or higher, shall serve concurrently as the USAID Global Water Co- ordinator (referred to in this subsection as the ‘‘Coordinator’’). (B) Specific duties The Coordinator shall— (i) provide direction and guidance to, co- ordinate, and oversee the projects and pro- grams of USAID authorized under this sec- tion; (ii) lead the implementation and revi- sion, not less frequently than once every 5 years, of USAID’s portion of the Global Water Strategy required under subsection (j); (iii) seek— (I) to expand the capacity of USAID, subject to the availability of appropria- tions, including through the designation of a lead subject matter expert selected from among USAID staff in each high priority country designated pursuant to subsection (h); (II) to implement such programs and activities; (III) to take advantage of economies of scale; and (IV) to conduct more efficient and ef- fective projects and programs; (iv) coordinate with the Department of State and USAID staff in each high pri- ority country designated pursuant to sub- section (h) to ensure that USAID activities and projects, USAID program planning and budgeting documents, and USAID country development strategies reflect and seek to implement— (I) the safe water, sanitation, and hy- giene objectives established in the strat- egy required under subsection (j), includ- Page 652 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2152h ing objectives relating to the manage- ment of water resources; and (II) international best practices relat- ing to— (aa) increasing access to safe water and sanitation; (bb) conducting hygiene-related ac- tivities; and (cc) ensuring appropriate manage- ment of water resources; and (v) develop appropriate benchmarks, measurable goals, performance metrics, and monitoring and evaluation plans for USAID projects and programs authorized under this section. (2) Department of State Special Coordinator for Water Resources (A) Designation The Secretary of State or the Secretary’s designee, who shall be a current employee of the Department of State serving in a career or non-career position in the Senior Execu- tive Service or at the level of a Deputy As- sistant Secretary or higher, shall serve con- currently as the Department of State Spe- cial Advisor for Water Resources (referred to in this paragraph as the ‘‘Special Advisor’’). (B) Specific duties The Special Advisor shall— (i) provide direction and guidance to, co- ordinate, and oversee the projects and pro- grams of the Department of State author- ized under this section; (ii) lead the implementation and revi- sion, not less than every 5 years, of the De- partment of State’s portion of the Global Water Strategy required under subsection (j); (iii) prioritize and coordinate the De- partment of State’s international engage- ment on the allocation, distribution, and access to global fresh water resources and policies related to such matters; (iv) coordinate with United States Agen- cy for International Development and De- partment of State staff in each high pri- ority country designated pursuant to sub- section (h) to ensure that United States diplomatic efforts related to safe water, sanitation, and hygiene, including efforts related to management of water resources and watersheds and the resolution of intra- and trans-boundary conflicts over water resources, are consistent with United States national interests; and (v) represent the views of the United States Government on the allocation, dis- tribution, and access to global fresh water resources and policies related to such mat- ters in key international fora, including key diplomatic, development-related, and scientific organizations. (3) Additional nature of duties and restriction on additional or supplemental compensa- tion The responsibilities and specific duties of the Administrator of the United States Agen- cy for International Development (or the Ad- ministrator’s designee) and the Secretary of State (or the Secretary’s designee) under para- graph (2) or (3), respectively, shall be in addi- tion to any other responsibilities or specific duties assigned to such individuals. Such indi- viduals shall receive no additional or supple- mental compensation as a result of carrying out such responsibilities and specific duties under such paragraphs. (f) Priorities and criteria for maximum impact and long-term sustainability The Administrator of the United States Agen- cy for International Development shall ensure that the Agency for International Develop- ment’s projects and programs authorized under this section are designed to achieve maximum impact and long-term sustainability by— (1) prioritizing countries on the basis of the following clearly defined criteria and indica- tors, to the extent sufficient empirical data are available— (A) the proportion of the population using an unimproved drinking water source; (B) the total population using an unim- proved drinking water source; (C) the proportion of the population with- out piped water access; (D) the proportion of the population using shared or other unimproved sanitation fa- cilities; (E) the total population using shared or other unimproved sanitation facilities; (F) the proportion of the population prac- ticing open defecation; (G) the total number of children younger than 5 years of age who died from diarrheal disease; (H) the proportion of all deaths of children younger than 5 years of age resulting from diarrheal disease; (I) the national government’s capacity, ca- pability, and commitment to work with the United States to improve access to safe water, sanitation, and hygiene, including— (i) the government’s capacity and com- mitment to developing the indigenous ca- pacity to provide safe water and sanitation without the assistance of outside donors; and (ii) the degree to which such govern- ment— (I) identifies such efforts as a priority; and (II) allocates resources to such efforts; (J) the availability of opportunities to le- verage existing public, private, or other donor investments in the water, sanitation, and hygiene sectors, including investments in the management of water resources; and (K) the likelihood of making significant improvements on a per capita basis on the health and educational opportunities avail- able to women as a result of increased access to safe water, sanitation, and hygiene, in- cluding access to appropriate facilities at primary and secondary educational institu- tions seeking to ensure that communities benefitting from such projects and activities develop the indigenous capacity to provide safe water and sanitation without the assist- ance of outside donors; Page 653 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2152h (2) prioritizing and measuring, including through rigorous monitoring and evaluating mechanisms, the extent to which such project or program— (A) furthers significant improvements in— (i) the criteria set forth in subparagraphs (A) through (H) of paragraph (1); (ii) the health and educational opportu- nities available to women as a result of in- creased access to safe water, sanitation, and hygiene, including access to appro- priate facilities at primary and secondary educational institutions; and (iii) the indigenous capacity of the host nation or community to provide safe water and sanitation without the assistance of outside donors; (B) is designed, as part of the provision of safe water and sanitation to the local com- munity— (i) to be financially independent over the long term, focusing on local ownership and sustainability; (ii) to be undertaken in conjunction with relevant public institutions or private en- terprises; (iii) to identify and empower local indi- viduals or institutions to be responsible for the effective management and mainte- nance of such project or program; and (iv) to provide safe water or expertise or capacity building to those identified par- ties or institutions for the purposes of de- veloping a plan and clear responsibilities for the effective management and mainte- nance of such project or program; (C) leverages existing public, private, or other donor investments in the water, sani- tation, and hygiene sectors, including in- vestments in the management of water re- sources; (D) avoids duplication of efforts with other United States Government agencies or de- partments or those of other nations or non- governmental organizations; (E) coordinates such efforts with the ef- forts of other United States Government agencies or departments or those of other nations or nongovernmental organizations directed at assisting refugees and other dis- placed individuals; and (F) involves consultation with appropriate stakeholders, including communities di- rectly affected by the lack of access to clean water, sanitation or hygiene, and other ap- propriate nongovernmental organizations; and (3) seeking to further the strategy required under subsection (j) after 2018. (g) Use of current and improved empirical data collection and review of new standardized indicators (1) In general The Administrator of the United States Agency for International Development is au- thorized to use current and improved empir- ical data collection— (A) to meet the health-based prioritization criteria established pursuant to subsection (f)(1); and (B) to review new standardized indicators in evaluating progress towards meeting such criteria. (2) Consultation and notice The Administrator shall— (A) regularly consult with the appropriate congressional committees; and (B) notify such committees not later than 30 days before using current or improved em- pirical data collection for the review of any new standardized indicators under paragraph (1) for the purposes of carrying out this sec- tion. (h) Designation of high priority countries (1) Initial designation Not later than October 1, 2015, the President shall— (A) designate, on the basis of the criteria set forth in subsection (f)(1) not fewer than 10 countries as high priority countries to be the primary recipients of United States Gov- ernment assistance authorized under this section during fiscal year 2016; and (B) notify the appropriate congressional committees of such designations. (2) Annual designations (A) In general Except as provided in subparagraph (B), the President shall annually make new des- ignations pursuant to the criteria set forth in paragraph (1). (B) Designations after fiscal year 2018 Beginning with fiscal year 2019, designa- tions under paragraph (1) shall be made— (i) based upon the criteria set forth in subsection (f)(1); and (ii) in furtherance of the strategy re- quired under subsection (j). (i) Targeting of projects and programs to areas of greatest need (1) In general Not later than 15 days before the obligation of any funds for water, sanitation, or hygiene projects or programs pursuant to this section in countries that are not ranked in the top 50 countries based upon the WASH Needs Index, the Administrator of the United States Agen- cy for International Development shall notify the appropriate congressional committees of the planned obligation of such funds. (2) Defined term In this subsection and in subsection (j), the term ‘‘WASH Needs Index’’ means the needs index for water, sanitation, or hygiene projects or programs authorized under this section that has been developed using the cri- teria and indicators described in subpara- graphs (A) through (H) of subsection (f)(1). (j) Global Water Strategy (1) In general Not later than October 1, 2017, October 1, 2022, and October 1, 2027, the President, acting through the Secretary of State, the Adminis- trator of the United States Agency for Inter- national Development, and the heads of other Page 654 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2152h Federal departments and agencies, as appro- priate, shall submit a single government-wide Global Water Strategy to the appropriate con- gressional committees that provides a detailed description of how the United States intends— (A) to increase access to safe water, sani- tation, and hygiene in high priority coun- tries designated pursuant to subsection (h), including a summary of the WASH Needs Index and the specific weighting of empirical data and other definitions used to develop and rank countries on the WASH Needs Index; (B) to improve the management of water resources and watersheds in such countries; and (C) to work to prevent and resolve, to the greatest degree possible, both intra- and trans-boundary conflicts over water re- sources in such countries. (2) Agency-specific plans The Global Water Strategy shall include an agency-specific plan— (A) from the United States Agency for International Development that describes specifically how the Agency for Inter- national Development will— (i) carry out the duties and responsibil- ities assigned to the Global Water Coordi- nator under subsection (e)(1); (ii) ensure that the Agency for Inter- national Development’s projects and pro- grams authorized under this section are designed to achieve maximum impact and long-term sustainability, including by im- plementing the requirements described in subsection (f); and (iii) increase access to safe water, sanita- tion, and hygiene in high priority coun- tries designated pursuant to subsection (h); (B) from the Department of State that de- scribes specifically how the Department of State will— (i) carry out the duties and responsibil- ities assigned to the Special Coordinator for Water Resources under subsection (e)(2); and (ii) ensure that the Department’s activi- ties authorized under this section are de- signed— (I) to improve management of water resources and watersheds in countries designated pursuant to subsection (h); and (II) to prevent and resolve, to the greatest degree possible, both intra- and trans-boundary conflicts over water re- sources in such countries; and (C) from other Federal departments and agencies, as appropriate, that describes the contributions of the departments and agen- cies to implementing the Global Water Strategy. (3) Individualized plans for high priority coun- tries For each high priority country designated pursuant to subsection (h), the Administrator of the United States Agency for International Development shall— (A) develop a costed, evidence-based, and results-oriented plan that— (i) seeks to achieve the purposes of this section; and (ii) meets the requirements under sub- section (f); and (B) include such plan in an appendix to the Global Water Strategy required under para- graph (1). (4) First time access reporting requirement The Global Water Strategy shall specifically describe the target percentage of funding for each fiscal year covered by such strategy to be directed toward projects aimed at providing first-time access to safe water and sanitation. (5) Performance indicators The Global Water Strategy shall include spe- cific and measurable goals, benchmarks, per- formance metrics, timetables, and monitoring and evaluation plans required to be developed by the Administrator of the United States Agency for International Development pursu- ant to subsection (e)(1)(B)(v). (6) Consultation and best practices The Global Water Strategy shall— (A) be developed in consultation with the heads of other appropriate Federal depart- ments and agencies; and (B) incorporate best practices from the international development community. (k) Definitions In this section— (1) the term ‘‘appropriate congressional com- mittees’’ means— (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Foreign Affairs of the House of Representatives; and (D) the Committee on Appropriations of the House of Representatives; and (2) the term ‘‘long-term sustainability’’ re- fers to the ability of a service delivery system, community, partner, or beneficiary to main- tain, over time, any water, sanitation, or hy- giene project that receives funding pursuant to the amendments made by the Senator Paul Simon Water for the World Act of 2014. (Pub. L. 87–195, pt. I, § 136, formerly § 135, as added Pub. L. 109–121, § 5(a), Dec. 1, 2005, 119 Stat. 2536; amended Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(Q), June 18, 2008, 122 Stat. 1820; renumbered § 136 and amended Pub. L. 113–289, §§ 3–6(a), Dec. 19, 2014, 128 Stat. 3283–3288.) Editorial Notes REFERENCES IN TEXT The Food for Peace Act, referred to in subsec. (d), is act July 10, 1954, ch. 469, 68 Stat. 454. Title I of the Act is classified generally to subchapter II (§ 1701 et seq.) of chapter 41 of Title 7, Agriculture. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1691 of Title 7 and Tables. The Senator Paul Simon Water for the World Act of 2014, referred to in subsec. (k)(2), is Pub. L. 113–289, Dec. 19, 2014, 128 Stat. 3283, which amended this section and Page 655 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2152h provisions set out as a note under this section. For complete classification of this Act to the Code, see Short Title of 2014 Amendment note set out under sec- tion 2151 of this title and Tables. AMENDMENTS 2014—Pub. L. 113–289, § 3(2)(A), substituted ‘‘, sanitation, and hygiene’’ for ‘‘and sanitation’’ in section catchline. Subsec. (b). Pub. L. 113–289, § 3(2)(B), substituted ‘‘, sanitation, and hygiene’’ for ‘‘and sanitation’’. Subsec. (e). Pub. L. 113–289, § 4, added subsec. (e). Subsecs. (f) to (i). Pub. L. 113–289, § 5, added subsecs. (f) to (i). Subsecs. (j), (k). Pub. L. 113–289, § 6(a), added subsecs. (j) and (k). 2008—Subsec. (d). Pub. L. 110–246 substituted ‘‘Food for Peace Act’’ for ‘‘Agricultural Trade Development and Assistance Act of 1954’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- tive Date note under section 8701 of Title 7, Agri- culture. WATER FOR THE POOR Pub. L. 109–121, Dec. 1, 2005, 119 Stat. 2533, as amended by Pub. L. 113–289, § 6(c), Dec. 19, 2014, 128 Stat. 3290, provided that: ‘‘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 un- dermining development efforts. ‘‘(2) A child dies an average of every 15 seconds be- cause 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, inad- equate sanitation, and poor hygiene practices are di- rectly 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 de- veloping 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 peo- ple in the world, lack access to basic sanitation serv- ices. ‘‘(8) Half of all schools in the world do not have ac- cess 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 serv- ices. ‘‘(10) Access to safe water and sanitation and im- proved hygiene are significant factors in controlling the spread of disease in the developing world and positively affecting worker productivity and eco- nomic development. ‘‘(11) Increasing access to safe water and sanitation advances efforts toward other development objec- tives, 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 strength- ening national security. ‘‘(12) Providing safe supplies of water and sanita- tion and hygiene improvements would save millions of lives by reducing the prevalence of water-borne diseases, water-based diseases, water-privation dis- eases, and water-related vector diseases. ‘‘(13) Because women and girls in developing coun- tries are often the carriers of water, lack of access to safe water and sanitation disproportionately affects women and limits women’s opportunities at edu- cation, livelihood, and financial independence. ‘‘(14) Between 20 percent and 50 percent of existing water systems in developing countries are not oper- ating 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 Develop- ment 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 pro- moting community level action and engagement with civil society. ‘‘(21) Target 10 of the United Nations Millennium Development Goals is to reduce by half the propor- tion 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 agree- ment 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 Develop- ment, the United States announced the Water for the Poor Initiative, committing $970 million for fiscal years 2003 through 2005 to improve sustainable man- agement 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 inter- national levels, thus endangering the national secu- rity 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 re- solve 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 Page 656 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2152i dialogue and cooperation among former parties in conflict, can help prevent the reemergence of con- flict. ‘‘SEC. 3. STATEMENT OF POLICY. ‘‘It is the policy of the United States— ‘‘(1) to increase the percentage of water and sanita- tion 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, con- tracts, 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 sani- tation assistance reflect an appropriate balance be- tween urban, periurban, and rural areas to meet the purposes of assistance described in section 135 of the Foreign Assistance Act of 1961 [this section], 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 re- sources 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 appro- priate, encourages the inclusion of water and sanita- tion within such poverty reduction strategies; ‘‘(6) to promote country and local ownership of safe water and sanitation programs, to the extent appro- priate; ‘‘(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 tech- nical capacity of businesses, governments, non- governmental 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 sanita- tion in an affordable, equitable, and sustainable man- ner, including integrated strategic planning; and ‘‘(10) to protect the supply and availability of safe water through sound environmental management, in- cluding preventing 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 duplica- tion, the United States should seek to establish inno- vative 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 As- sistance Act of 1961 [this section], as added by section 5(a) of this Act. ‘‘SEC. 5. ASSISTANCE TO PROVIDE SAFE WATER AND SANITATION. ‘‘(a) IN GENERAL.—[Enacted this section.] ‘‘(b) CONFORMING AMENDMENT.—[Amended section 1704 of Title 7, Agriculture.] ‘‘[SEC. 6. Repealed. Pub. L. 113–289, § 6(c), Dec. 19, 2014, 128 Stat. 3290.] ‘‘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 [this section], 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 DEVEL- OPMENT 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 sanita- tion managers and other officials of countries that re- ceive assistance under section 135 of the Foreign Assist- ance Act of 1961 [this section], as added by section 5(a) of this Act. ‘‘SEC. 9. SENSE OF CONGRESS REGARDING ADDI- TIONAL WATER AND SANITATION 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 Chil- dren’s Fund (UNICEF), the United Nations Develop- ment 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 multi- lateral development banks (within the meaning of section 1701(c) of the International Financial Institu- tions Act [22 U.S.C. 262r(c)]) to encourage the inclu- sion 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 components of long-term United States national security and should be ex- panded. ‘‘(b) REPORT.—The Secretary of State, in consulta- tion with the Administrator of the United States Agen- cy for International Development, shall submit to the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate a re- port on efforts that the United States is making to sup- port and promote programs that develop river basin, aquifer, and other watershed-wide mechanisms for gov- ernance and cooperation. ‘‘SEC. 11. AUTHORIZATION OF APPROPRIATIONS. ‘‘(a) IN GENERAL.—There are authorized to be appro- priated 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 pursu- ant to the authorization of appropriations in sub- section (a) shall be in addition to the amounts other- wise available to carry out this Act and the amend- ments made by this Act. ‘‘(c) AVAILABILITY.—Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.’’ § 2152i. Small Grants Program (a) In general A Small Grants Program (SGP) shall be estab- lished within the United States Agency for International Development (USAID) to provide small grants, cooperative agreements, and other assistance mechanisms and agreements of not more than $2,000,000 for the purpose of carrying out the provisions of chapters 1 and 10 of part I [22 U.S.C. 2151 et seq., 2293 et seq.] and chapter 4 of part II [22 U.S.C. 2346 et seq.] of the Foreign Assistance Act of 1961: Provided, That the SGP established pursuant to this section shall re- place the function served previously by the De- velopment Grants Program established under section 674 of division J, of Public Law 110–161, which is hereby abolished.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2151 — Congressional findings and declaration of policy

(a) United States development cooperation policy

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22 U.S.C. § 2151 — Congressional findings and declaration of

Page 532 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2151 Sec. 2394a. Extortion and illegal payments to offi- cials of foreign countries receiving international security assistance. 2394b. HELP Commission. 2394c. Information on covered United States foreign assistance programs. 2395. General authorities. 2395a. International agreements concerning debt relief; transmittal to congres- sional committees. 2396. Availability of funds. 2396a. Property Management Fund. 2396b. USAID Buying Power Maintenance Ac- count. 2397. Administrative expenses. 2398. Assistance to countries pursuant to other statutes. 2399 to 2399a. Repealed or Transferred. 2399b. False claims and ineligible commodities. 2399c. Coordination of policies and programs. 2399d. Shipping differential. PART III—MISCELLANEOUS PROVISIONS 2401. Effective date; identification of pro- grams. 2402. Saving provisions. 2403. Definitions. 2404. Unexpended balances. 2405. Separability. 2406. Development programs for dependable fuel supplies. 2407. Special authorization for use of foreign currencies. 2408. Repealed. 2409. Use of United States Armed Forces. 2410, 2410a. Repealed. 2411. Limitation upon exercise of special au- thorities. 2412. Limitation on foreign assistance appro- priations. 2413. Changes in allocation of foreign assist- ance. 2414. Presidential findings and determina- tions. 2414a. Annual report to Congress on voting practices at United Nations. 2415. Annual military assistance report. 2416. Annual foreign military training report. 2417 to 2419. Repealed. 2420. Police training prohibition. 2421. Trade and Development Agency. 2421a. Capital projects office within Agency for International Development. 2421b. Capital projects for

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2152h — Assistance to provide safe water, sanitation, and hygiene

**(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, e

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2346 — Authority

**(a) Policy requirements for assistance** The Congress recognizes that, under special economic, political, or security conditions, the national interests of the United States may require economic support for countries or in amounts which could not be justified solely under part I of subchapter I of this chapter or, in the case of countries in sub-Saharan Africa, part X of subchapter I of this chapter. In such cases, the President is authorized to furnish assistance to countries and organizations, on such terms and conditions as he may determine, in order to promote economic or political stability. To the maximum extent feasible, the President shall provide assistance under this part consistent with the policy directions, purposes, and programs of subchapter I of this chapter. **(b) Responsibility for policy decisions and justifications** The Secretary of State shall be responsible for policy decisions and justifications for economic support programs under this part, including determinations of whether there will be an economic support program for a country and the amount of the program for each country. The Secretary shall exercise this responsibility in cooperation with the Administrator of the agency primarily responsible for administering subchapter I of this chapter. **(c) Detailed justification for uses and purposes of funds** As part of the annual presentation materials for foreign assistance submitted to the Congress, the agency primarily responsible for administering subchapter II of this chapter shall provide a detailed justification for the uses and the purposes of the funds provided under this part. Such material shall include, but not be limited to, information concerning the amounts and kinds of cash grant transfers, the amounts and kinds of budgetary an

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2346 — Authority

Page 804 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2345 Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2345. Repealed. Pub. L. 90–629, ch. 4, § 45(a), Oct. 22, 1968, 82 Stat. 1327 Section, Pub. L. 87–195, pt. II, § 525, formerly §§ 503(e), 509(b), as added Pub. L. 88–633, pt. II, § 201(a), (d), Oct. 7, 1964, 78 Stat. 1011; amended Pub. L. 89–171, pt. II, § 201(f), Sept. 6, 1965, 79 Stat. 657; renumbered § 525 and amended Pub. L. 90–137, pt. II, § 201(b)(3), (i)(2), Nov. 14, 1967, 81 Stat. 455, 457, provided for guaranties until June 30, 1968. See section 2764 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1968, see section 41 of Pub. L. 90–629, set out as an Effective Date note under section 2751 of this title. SAVINGS PROVISION Determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued under- taken, or entered into under authority of any provision of former section 2345 of this title as continuing in full force and effect until modified by appropriate author- ity, see section 46 of Pub. L. 90–629, set out as a note under former section 2341 of this title. PART IV—ECONOMIC SUPPORT FUND § 2346. Authority (a) Policy requirements for assistance The Congress recognizes that, under special economic, political, or security conditions, the national interests of the United States may re- quire economic support for countries or in amounts which could not be justified solely under part I of subchapter I of this chapter or, in the case of countries in sub-Saharan Africa,

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 262r — Jurisdiction of United States courts

For the purposes of any civil action which may be brought within the United States, its territories or possessions, or the Commonwealth of Puerto Rico, by or against the Bank in accordance with the agreement, the Bank shall be deemed to be an inhabitant of the Federal judicial district in which its principal office within the United States or its agent appointed for the purpose of accepting service or notice of service is located, and any such action to which the Bank shall be a party shall be deemed to arise under the laws of the United States, and the district courts of the United States, including the courts enumerated in [section 460 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section460&num=0&edition=prelim), shall have original jurisdiction of any such action. When the Bank is defendant in any action in a State court, it may at any time before the trial thereof remove the action into the appropriate district court of the United States by following the procedure for removal provided in [section 1446 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1446&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 262r — Annual report by Chairman of National

Page 84 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 262q 1 See References in Text note below. government of, and state-owned enterprises in, the People’s Republic of China, and relevant commercial creditor groups to advance debt restructuring or relief for countries with unsustainable debt that have sought restruc- turing or relief under the Common Frame- work, any successor framework or mechanism, or under any other coordinated international arrangement for sovereign debt restructuring in which the United States participates; (2) any implementation challenges that hinder the ability of the Common Framework to provide timely debt restructuring for any country with unsustainable debt that seeks debt restructuring or debt payment relief, in- cluding any refusal of a creditor to participate in appropriate burden-sharing, including fail- ure to share (or publish, as appropriate) all material information needed to assess debt sustainability; and (3) recommendations on how to address any challenges identified in paragraph (2). (Pub. L. 95–118, title XVI, § 1633, as added Pub. L. 117–263, div. E, title LVII, § 5702, Dec. 23, 2022, 136 Stat. 3408.) REPEAL OF SECTION Pub. L. 117–263, div. E, title LVII, § 5702(b), Dec. 23, 2022, 136 Stat. 3410, provided that, ef- fective on the date that is 5 years after Dec. 23, 2022, this section is repealed. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 117–263, div. E, title LVII, § 5702(b), Dec. 23, 2022, 136 Stat. 3410, provided that: ‘‘The amendment made by subsection (a) [enacting this section] is re- pealed effective on the date that is 5 years after the ef- fective date of this section [Dec. 23, 2022].’’ DEFINITIONS The definitions in section 262p–5 of this title apply to thi

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1701 — Transferred

### Statutory Notes #### Codification Section, act July 10, 1954, ch. 469, title III, § 310, formerly § 303, 68 Stat. 459, as amended and renumbered, which related to bartering authority of Secretary, was transferred to [section 1727g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1727g&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1701 — Economic assistance and food security

Page 960 TITLE 7—AGRICULTURE § 1701 come or resources under provisions of other laws; avail- ability of surplus foods for distribution; definition of needy person; report to Congress; and authorization of appropriations. See Supplemental Nutrition Assistance Program classified to chapter 51 of this title. Section 1696, act July 10, 1954, ch. 469, title III, § 307, as added Sept. 21, 1959, Pub. L. 86–341, title I, § 12, 73 Stat. 609, provided for availability of surplus commod- ities for distribution to needy families and persons in United States. See Supplemental Nutrition Assistance Program classified to chapter 51 of this title and provi- sions of section 1721 et seq. of this title relating to do- nations of food on a government-to-government basis and through voluntary organizations. Section 1697, act July 10, 1954, ch. 469, title III, § 308, as added Sept. 21, 1959, Pub. L. 86–341, title I, § 13, 73 Stat. 609; amended Sept. 27, 1962, Pub. L. 87–703, title II, § 203, 76 Stat. 611, related to disposal of animal fats and edible oils. See section 1721 et seq. of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 1967, see section 5 of Pub. L. 89–808, set out as an Effective Date of 1966 Amendment note under section 1691 of this title. SUBCHAPTER II—ECONOMIC ASSISTANCE AND FOOD SECURITY § 1701. Economic assistance and food security (a) In general The President shall establish a program under this subchapter to provide for the sale of agri- cultural commodities to developing countries and private entities for dollars on credit terms, or for local currencies (including for local cur- rencies on credit terms) for use under this sub- chapter. Such program shall be implemented by the Secretary. (b)

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