[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4674 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 4674
To support the sustainable recovery and rebuilding of Nepal following
the recent, devastating earthquakes near Kathmandu.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 2, 2016
Ms. Meng (for herself, Mr. Crenshaw, Mr. Engel, Mr. Salmon, Mr.
Sherman, Mr. Crowley, and Mr. Polis) introduced the following bill;
which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To support the sustainable recovery and rebuilding of Nepal following
the recent, devastating earthquakes near Kathmandu.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nepal Recovery Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(3) International financial institution.--The term
``international financial institution'' means--
(A) each of the institutions listed in section
1701(c)(2) of the International Financial Institutions
Act (22 U.S.C. 262r(c)(2)); and
(B) the International Fund for Agricultural
Development.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) On April 25, 2015, an earthquake measuring 7.8 on the
Richter scale and a subsequent earthquake on May 12 measuring
7.3 on the Richter scale and numerous aftershocks--
(A) devastated Kathmandu, Nepal, and the
surrounding areas;
(B) killed more than 8,700 people;
(C) injured hundreds of thousands additional
people;
(D) destroyed or damaged more than 770,000 homes,
leaving the families who had been living in those homes
without shelter;
(E) damaged or destroyed more than 47,000
classrooms;
(F) damaged or destroyed over 1,000 health
facilities including primary health care centers and
birthing centers;
(G) left many people with newly acquired
disabilities, including lost limbs and other physical
and mental trauma;
(H) severely impacted livelihoods and food security
for millions of people, including the destruction of
stockpiled grains and the loss of more than 17,000
cattle and 40,000 smaller domesticated animals; and
(I) disrupted social structures and families
through death, injury, and relocation.
(2) The earthquake devastated Nepal's infrastructure,
including homes, offices, factories, roads, bridges,
communications, and other facilities.
(3) American citizens were also killed in the widespread
destruction caused by the earthquake.
(4) Six American servicemembers and 2 members of the
Nepalese Army lost their lives in a helicopter accident while
working to relieve the suffering of the Nepalese people
following the earthquake.
(5) The World Bank and the Government of Nepal conducted a
post disaster needs assessment that estimated almost
$6,700,000,000 in sector specific damage, losses, and recovery
needs.
(6) In Nepal, which is one of the poorest countries in the
world--
(A) an estimated 25 percent of the population lives
on less than $1.25 per day;
(B) there is a 46-percent unemployment rate, with
the majority of the population engaged in subsistence
agriculture;
(C) only 25 percent of Nepalese participate in the
formal banking system, with the majority of Nepalese
severely lacking access to credit and financial
services, making accessing credit for rebuilding
difficult; and
(D) has one of the slowest economic growth rates in
the region.
(7) The geography of Nepal poses a significant challenge to
relief, reconstruction, and development that requires
extraordinary efforts and assets to overcome.
(8) The United States Government, the Government of Nepal,
and civil society organizations have invested in disaster risk
reduction efforts for nearly 20 years. Those efforts have
reduced suffering and prevented greater loss of life and
property.
(9) In recent years, the Government and people of Nepal
have taken important steps forward to resolve civil conflict,
reconcile, and promote economic growth and development.
(10) Nepal has qualified for the Millennium Challenge
Corporation Threshold Program and has been selected for a
Millennium Challenge Corporation Compact, based on its
performance on key selection criteria.
(11) The earthquake has significantly increased the costs
and uncertainty of doing business in Nepal.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States, in partnership with the
Government of Nepal and in coordination with the international
community--
(1) to support the sustainable recovery and rebuilding of
Nepal in a manner that--
(A) encourages greater economic growth;
(B) embraces the independence, resilience, and
democratic governance of Nepal;
(C) supports collaboration with the Government of
Nepal and consultation with Nepalese and international
civil society and including the participation of
affected communities in planning and implementing
recovery and reconstruction;
(D) ensures that the National Reconstruction
Authority institutes strong internal accounting and
accountability measures;
(E) seeks to reach the most severely affected
communities, particularly those who live in hard-to-
reach areas or who are otherwise marginalized;
(F) seeks to address the vulnerability of young
girls and boys who are often at much higher risk of
trafficking, sexual exploitation, child labor, and
other forms of abuse during emergencies;
(G) prohibits the participation of the United
States in any construction effort, which uses forced or
child labor, unregistered recruitment agencies, or pays
wages through means other than directly to the laborer
or to their bank account;
(H) promotes compliance with Nepalese labor law and
internationally recognized core labor standards, as set
forth in the International Labor Organization
Declaration on Fundamental Principles and Rights at
Work and its followup;
(I) harnesses the energy of youth, who make up 33
percent of Nepal's population, to rebuild Nepal;
(J) includes regulatory reforms that improve the
environment for investors;
(K) supports the role of women in the
reconstruction and recovery effort;
(L) rebuilds in ways that foster resilience to
future earthquakes, landslides, and other natural
disasters that threaten Nepal;
(M) enables a rapid return to school for children,
including the rapid construction and effective
utilization of medium-term temporary school structures;
and
(N) coordinates activities with the Millennium
Challenge Corporation and other agencies to assure the
optimal efficiency and effectiveness of United States
efforts;
(2) to encourage all international donors to contribute and
coordinate in a transparent manner and report all contributions
through international mechanisms to enable the most efficient
allocation of all reconstruction resources;
(3) to ensure that ongoing development investments in
health, education, economic growth, food security, and other
areas continue, where appropriate, and are not diverted to
other purposes;
(4) to affirm and build a long-term partnership with Nepal
in support of providing a foundation for economic growth and
sustainability through investments--
(A) in essential infrastructure, including
transport, financial services, and energy;
(B) to rebuild Nepal's competitiveness and private
sector in order to foster employment generation,
including policies to encourage investment and open
world consumer markets to Nepalese exports;
(C) in food security and rural and agricultural
development, particularly of food staples and other
crops that provide economic growth and build lasting
food security; and
(D) that recognize and address how obstacles
related to gender limit, hinder, or suppress the
economic productivity and gain of women;
(5) to ensure, with the Government of Nepal, that affected
children are protected from potential violence, abuse, neglect,
and exploitation and have the ability to access child
protection services, including psychosocial support;
(6) to support, in coordination with other donors--
(A) the institutional development and capacity
building of the Government of Nepal at the national,
local, and community levels so that the Government of
Nepal can ensure basic services for its population,
including health care, education, and other basic
social services;
(B) contributions to a multilateral trust fund that
will be established to enhance the reconstruction and
rebuilding of Nepal;
(C) the Government and people of Nepal to lead the
vision for reconstruction and rebuilding of Nepal; and
(D) communities to fully participate in the
recovery and reconstruction process, by employing local
labor, as appropriate, and consulting local leaders,
affected communities, and civil society for their
experience and vision; and
(7) to address the stateless populations in Nepal,
including Tibetan communities, who--
(A) are least likely to receive support through the
regular government systems; and
(B) may have particularly greater or different
needs.
SEC. 5. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) In General.--Subject to the availability of funds, the
President may provide technical and financial assistance for programs
that--
(1) improve Nepal's basic infrastructure following the
earthquakes in affected communities;
(2) support economic growth, including through agriculture
and small-scale enterprise opportunities;
(3) promote health and basic education programs; and
(4) support democracy programs that promote political
reforms, as appropriate, including strengthening democratic
institutions and rule of law.
(b) Fast-Track of Investment Feasibility and Assessment Studies.--
The Director of the United States Trade and Development Agency may
proactively explore and provide accelerated response in Nepal for--
(1) project identification and investment analyses;
(2) trade capacity building and sector development
activities, including technical assistance and feasibility
studies that support investments in infrastructure that
contribute to overseas development; and
(3) trade capacity building and sector development
assistance supporting the establishment of industry standards,
rules, regulations, market liberalization, and other policy
reform, with a particular focus on engineering and
construction.
SEC. 6. REPORTS.
(a) Report on Impact of Disaster Risk Reduction Efforts.--Not later
than 1 year after the date of the enactment of this Act, the
Administrator shall submit a report to the appropriate congressional
committees that--
(1) assesses the effectiveness of United States investments
in Nepal in disaster risk reduction and earthquake resilience
during the 20-year period ending on the date of the enactment
of this Act; and
(2) includes a set of recommendations for how the
efficiency and effectiveness of disaster risk and recovery
programs can be improved in Nepal and other countries with
substantial disaster risk and recovery programming.
(b) Report on Humanitarian Relief Efforts.--Not later than 1 year
after the date of the enactment of this Act, the Administrator, in
consultation with the Secretary of Defense, shall submit a report to
the appropriate congressional committees that--
(1) describes the cost, effectiveness, timeliness, and
impact of the international humanitarian and reconstruction
assistance provided to Nepal; and
(2) includes an assessment of the efforts of the United
States to prevent corruption during the humanitarian response
and reconstruction work.
(c) Report on Impediments to Nepal's Recovery.--Not later than 90
days after the date of the enactment of this Act, the Secretary of
State, in coordination with the Administrator of the United States
Agency for International Development and the heads of other appropriate
departments and agencies, shall submit a report to the appropriate
congressional committees that includes--
(1) a description of the impediments to Nepal's recovery
efforts, including the flow of goods and services to and from
Nepal;
(2) a strategy to address and mitigate political,
diplomatic, and economic challenges to reconstruction efforts,
including ensuring the efficient use, and timely distribution,
of United States Government assistance;
(3) an assessment of the impact of any impediments to
energy resources, tourism, medical care, educational
institutions, and the housing sector;
(4) an assessment of the effects of these impediments to
ongoing United States Government assistance programs throughout
Nepal, including those not directly related to earthquake
recovery activities; and
(5) a detailed summary of any United States Government
bilateral and multilateral efforts to enlist bilateral or
multilateral support to mitigate political, diplomatic, and
economic challenges to Nepal's recovery.
(d) Quarterly Briefings.--The Secretary of State, in coordination
with the Administrator of the United States Agency for International
Development and the heads of any other appropriate departments and
agencies, shall provide quarterly briefings through the end of fiscal
year 2018 to the appropriate congressional committees on the efforts of
the United States Government to ensure the efficient and effective
distribution of United States assistance to contribute to Nepal's
recovery and to carry out the objectives of this Act.
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