[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1882 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1882

 To support the sustainable recovery and rebuilding of Nepal following 
          the recent, devastating earthquakes near Kathmandu.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2015

 Mr. Cardin (for himself and Mr. Kirk) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 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) 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.
            (2) 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 Development 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 service members 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) Nepal bears a significant burden of national debt, 
        which hinders recovery.
            (8) Some of the investments created from loans to Nepal 
        were lost in the earthquake, but the country is still obligated 
        to pay off the loans.
            (9) The geography of Nepal poses a significant challenge to 
        relief, reconstruction, and development that requires 
        extraordinary efforts and assets to overcome.
            (10) 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.
            (11) 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.
            (12) 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.
            (13) United States trade preference programs, which extend 
        duty-free tariff treatment, could accelerate Nepal's efforts to 
        reestablish economic growth.
            (14) The earthquake has significantly increased the costs 
        and uncertainty of doing business in Nepal.
            (15) A strong and unequivocal commitment from the United 
        States is needed--
                    (A) to help Nepal offset the costs of doing 
                business in Nepal;
                    (B) to preserve the gains made with United States 
                assistance; and
                    (C) to encourage buyers and investors to stand with 
                Nepal through this crisis.

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) is transparent and equitably reaches the most 
                severely affected communities, particularly those in 
                hard-to-reach areas or who are otherwise marginalized;
                    (E) dedicates significant resources to addressing 
                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;
                    (F) 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;
                    (G) promotes--
                            (i) the utilization of full-time, Nepalese 
                        laborers that are paid not less than a living 
                        wage; and
                            (ii) compliance with Nepalese labor law and 
                        International Labor Organization core labor 
                        standards, including workplace health and 
                        safety;
                    (H) incorporates the potential of women and men to 
                contribute equally and to their maximum efficiency;
                    (I) harnesses the energy of youth, who make up 33 
                percent of Nepal's population, to rebuild Nepal;
                    (J) rebuilds in ways that foster resilience to 
                future earthquakes, landslides, and other natural 
                disasters that threaten Nepal;
                    (K) enables a rapid return to school for children, 
                including the rapid construction and effective 
                utilization of medium term temporary school structures; 
                and
                    (L) coordinates activities with the Millennium 
                Challenge Corporation and other agencies to assure the 
                optimal effectiveness of United States efforts.
            (2) to strongly encourage the completion and ratification 
        of a new constitution that will serve as a strong foundation 
        for Nepal to build back the systems and infrastructure even 
        better than before the disaster;
            (3) 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;
            (4) to ensure that previously ongoing development 
        investments in health, education, economic growth, food 
        security, and other areas continue, where appropriate, and are 
        not diverted to other purposes, and additional resources are 
        dedicated for earthquake recovery;
            (5) to support debt relief for the Government of Nepal in 
        order to expand and hasten government-led reconstruction;
            (6) 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;
            (7) to reduce barriers to fast and effective recovery and 
        reconstruction including by limiting or eliminating unnecessary 
        importation duties or restrictions on relief and recovery 
        commodities that will be provided to Nepalese in need and not 
        sold;
            (8) 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;
            (9) 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) significant 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 and consulting local leaders, affected 
                communities, and civil society for their experience and 
                vision;
            (10) to address the stateless populations in Nepal 
        displaced by the earthquake including people who--
                    (A) are least likely to receive support through the 
                regular government systems; and
                    (B) may have particularly greater needs;
            (11) to prioritize the provision of excess defense 
        articles, including small aircraft, to Nepal to assist in 
        search, relief, and rescue efforts related to earthquakes and 
        future humanitarian crises; and
            (12) to utilize every regulatory and administrative 
        flexibility available to minimize bureaucratic requirements and 
        expedite all relief and recovery actions.

SEC. 5. FINANCIAL ASSISTANCE.

    (a) Debt Relief for Nepal.--
            (1) Cancellation of debt.--The Secretary of the Treasury 
        should direct the United States Executive Director to each 
        international financial institution to advocate, by voice and 
        vote, in such institution--
                    (A) the cancellation of any and all remaining debt 
                obligations of Nepal, including debt obligations 
                incurred after the date of the enactment of this Act;
                    (B) the provision of debt service relief for all 
                remaining payments of Nepal until the debt can be 
                cancelled; and
                    (C) to the extent practicable, the extension of any 
                new assistance to Nepal primarily in the form of grants 
                instead of loans.
            (2) Securing other relief for nepal.--The Secretary of the 
        Treasury and the Secretary of State should use all appropriate 
        diplomatic influence to secure the cancellation of any and all 
        remaining bilateral debt of Nepal.
    (b) Trust Fund for Infrastructure Investment.--The Secretary of the 
Treasury should support the creation and utilization of a World Bank 
trust fund for Nepal that would leverage potential United States 
contributions and promote bilateral donations to such a fund for the 
purpose of promoting transparency, donor coordination, and Nepalese 
ownership, and consultation with civil society, particularly when 
making investments in Nepal's infrastructure, such as--
            (1) electric grids;
            (2) roads;
            (3) water and sanitation facilities;
            (4) agricultural infrastructure,
            (5) historical heritage sites; and
            (6) other critical infrastructure projects.
    (c) Nepal Recovery Private Investment Fund.--
            (1) In general.--The United States Government may establish 
        a Nepal Recovery Private Investment Fund (referred to in this 
        subsection as the ``Fund''), made available from existing 
        appropriations, to provide loans, equity investments and other 
        forms of support to small- and medium-sized private enterprises 
        with the purpose of--
                    (A) promoting the development of Nepal's private 
                sector, particularly small- and medium-sized 
                enterprises;
                    (B) promoting and testing innovative policies and 
                practices to strengthen Nepal's private sector;
                    (C) enhancing domestic engineering, construction, 
                and accounting capacity;
                    (D) advancing good governance and transparency in 
                Nepal, particularly within the private sector;
                    (E) creating jobs; and
                    (F) fostering greater adherence to Nepal's tax 
                code.
            (2) Seed capitalization.--The United States Agency for 
        International Development may provide a seed investment to 
        capitalize the funds to be matched or exceeded by investments 
        from private equity firms, as well as private funds raised from 
        other limited investors.
            (3) Administration.--The Fund shall be administered by an 
        entity, either established or designated by the United States 
        Government for this purpose, which is under the supervision of 
        a board of directors consisting of 4 private citizens from the 
        United States and 3 private citizens from Nepal.
            (4) Duration.--The Fund should liquidate its assets and 
        dissolve not later than April 25, 2030, unless the Secretary of 
        State determines that the Fund should be extended. Any long-
        term profits from the Fund shall be used in Nepal to further 
        the purposes of disaster risk reduction and preparedness.
    (d) Fast-Track of Investment Feasibility and Assessment Studies.--
            (1) In general.--The Director of the United States Trade 
        and Development Agency shall proactively explore and may 
        provide accelerated response in Nepal for--
                    (A) project identification and investment analyses;
                    (B) trade capacity building and sector development 
                activities, including technical assistance and 
                feasibility studies that support investments in 
                infrastructure that contribute to overseas development; 
                and
                    (C) 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 of the United States Agency for International Development 
(referred to in this section as the ``Administrator'') shall submit a 
report to the appropriate congressional committees that--
            (1) analyzes how the United States investments in Nepal 
        during the last 20 years in disaster risk reduction and 
        earthquake resilience saved lives, reduced suffering, and 
        reduced property damage and economic losses during the 
        earthquake and subsequent aftershocks; and
            (2) includes a set of recommendations for how 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 describes the cost, 
effectiveness, timeliness, and impact of the international humanitarian 
assistance provided to Nepal.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Amounts Authorized.--In addition to funding previously 
dedicated to development in Nepal and any international disaster 
assistance resources made available for immediate humanitarian response 
activities, there are authorized to be appropriated, either as part of 
the regular appropriation process or as part of supplementary 
appropriations, to carry out the policies and objectives set forth in 
this Act--
            (1) $200,000,000 for fiscal year 2016;
            (2) $200,000,000 for fiscal year 2017; and
            (3) $100,000,000 for fiscal year 2018.
    (b) Transfers.--Of the amounts appropriated for each fiscal year 
pursuant to subsection (a)--
            (1) the Department of the Treasury and the United States 
        Agency for International Development may contribute to a multi-
        donor trust fund for reconstruction and recovery expenses 
        related to Nepal following the earthquake of April 25, 2015, 
        subject to the regular notification procedures of the 
        appropriate congressional committees; and
            (2) amounts may be transferred to the ``Development Credit 
        Authority'' account of the United States Agency for 
        International Development for the cost of direct loans and loan 
        guarantees, notwithstanding the otherwise applicable dollar 
        limitations on transfers to such account.
    (c) Availability of Funds.--Amounts appropriated for each fiscal 
year pursuant to subsection (a) shall remain available until expended.
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