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

<DOC>

                                                       Calendar No. 357
114th CONGRESS
  2d 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, Mr. Kirk, Mr. Markey, Mrs. Gillibrand, and 
Mrs. Feinstein) introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

                            February 2, 2016

               Reported by Mr. Corker, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Nepal Recovery 
Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Foreign Relations of 
                the Senate;</DELETED>
                <DELETED>    (B) the Committee on Appropriations of the 
                Senate;</DELETED>
                <DELETED>    (C) the Committee on Foreign Affairs of 
                the House of Representatives; and</DELETED>
                <DELETED>    (D) the Committee on Appropriations of the 
                House of Representatives.</DELETED>
        <DELETED>    (2) International financial institution.--The term 
        ``international financial institution'' means--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) the International Development Fund for 
                Agricultural Development.</DELETED>

<DELETED>SEC. 3. FINDINGS.</DELETED>

<DELETED>    Congress makes the following findings:</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) devastated Kathmandu, Nepal and the 
                surrounding areas;</DELETED>
                <DELETED>    (B) killed more than 8,700 
                people;</DELETED>
                <DELETED>    (C) injured hundreds of thousands 
                additional people;</DELETED>
                <DELETED>    (D) destroyed or damaged more than 770,000 
                homes, leaving the families who had been living in 
                those homes without shelter;</DELETED>
                <DELETED>    (E) damaged or destroyed more than 47,000 
                classrooms;</DELETED>
                <DELETED>    (F) damaged or destroyed over 1,000 health 
                facilities including primary health care centers and 
                birthing centers;</DELETED>
                <DELETED>    (G) left many people with newly acquired 
                disabilities, including lost limbs and other physical 
                and mental trauma;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (I) disrupted social structures and 
                families through death, injury, and 
                relocation.</DELETED>
        <DELETED>    (2) The earthquake devastated Nepal's 
        infrastructure, including homes, offices, factories, roads, 
        bridges, communications, and other facilities.</DELETED>
        <DELETED>    (3) American citizens were also killed in the 
        widespread destruction caused by the earthquake.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) In Nepal, which is one of the poorest 
        countries in the world--</DELETED>
                <DELETED>    (A) an estimated 25 percent of the 
                population lives on less than $1.25 per day;</DELETED>
                <DELETED>    (B) there is a 46-percent unemployment 
                rate, with the majority of the population engaged in 
                subsistence agriculture;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (D) has one of the slowest economic growth 
                rates in the region.</DELETED>
        <DELETED>    (7) Nepal bears a significant burden of national 
        debt, which hinders recovery.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (9) The geography of Nepal poses a significant 
        challenge to relief, reconstruction, and development that 
        requires extraordinary efforts and assets to 
        overcome.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (13) United States trade preference programs, 
        which extend duty-free tariff treatment, could accelerate 
        Nepal's efforts to reestablish economic growth.</DELETED>
        <DELETED>    (14) The earthquake has significantly increased 
        the costs and uncertainty of doing business in Nepal.</DELETED>
        <DELETED>    (15) A strong and unequivocal commitment from the 
        United States is needed--</DELETED>
                <DELETED>    (A) to help Nepal offset the costs of 
                doing business in Nepal;</DELETED>
                <DELETED>    (B) to preserve the gains made with United 
                States assistance; and</DELETED>
                <DELETED>    (C) to encourage buyers and investors to 
                stand with Nepal through this crisis.</DELETED>

<DELETED>SEC. 4. STATEMENT OF POLICY.</DELETED>

<DELETED>    It is the policy of the United States, in partnership with 
the Government of Nepal and in coordination with the international 
community--</DELETED>
        <DELETED>    (1) to support the sustainable recovery and 
        rebuilding of Nepal in a manner that--</DELETED>
                <DELETED>    (A) encourages greater economic 
                growth;</DELETED>
                <DELETED>    (B) embraces the independence, resilience, 
                and democratic governance of Nepal;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (D) is transparent and equitably reaches 
                the most severely affected communities, particularly 
                those in hard-to-reach areas or who are otherwise 
                marginalized;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (G) promotes--</DELETED>
                        <DELETED>    (i) the utilization of full-time, 
                        Nepalese laborers that are paid not less than a 
                        living wage; and</DELETED>
                        <DELETED>    (ii) compliance with Nepalese 
                        labor law and International Labor Organization 
                        core labor standards, including workplace 
                        health and safety;</DELETED>
                <DELETED>    (H) incorporates the potential of women 
                and men to contribute equally and to their maximum 
                efficiency;</DELETED>
                <DELETED>    (I) harnesses the energy of youth, who 
                make up 33 percent of Nepal's population, to rebuild 
                Nepal;</DELETED>
                <DELETED>    (J) rebuilds in ways that foster 
                resilience to future earthquakes, landslides, and other 
                natural disasters that threaten Nepal;</DELETED>
                <DELETED>    (K) enables a rapid return to school for 
                children, including the rapid construction and 
                effective utilization of medium term temporary school 
                structures; and</DELETED>
                <DELETED>    (L) coordinates activities with the 
                Millennium Challenge Corporation and other agencies to 
                assure the optimal effectiveness of United States 
                efforts.</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (5) to support debt relief for the Government of 
        Nepal in order to expand and hasten government-led 
        reconstruction;</DELETED>
        <DELETED>    (6) to affirm and build a long-term partnership 
        with Nepal in support of providing a foundation for economic 
        growth and sustainability through investments--</DELETED>
                <DELETED>    (A) in essential infrastructure, including 
                transport, financial services, and energy;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (D) that recognize and address how 
                obstacles related to gender limit, hinder, or suppress 
                the economic productivity and gain of women;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (9) to support, in coordination with other 
        donors--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) significant contributions to a 
                multilateral trust fund that will be established to 
                enhance the reconstruction and rebuilding of 
                Nepal;</DELETED>
                <DELETED>    (C) the Government and people of Nepal to 
                lead the vision for reconstruction and rebuilding of 
                Nepal; and</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (10) to address the stateless populations in Nepal 
        displaced by the earthquake including people who--</DELETED>
                <DELETED>    (A) are least likely to receive support 
                through the regular government systems; and</DELETED>
                <DELETED>    (B) may have particularly greater 
                needs;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (12) to utilize every regulatory and 
        administrative flexibility available to minimize bureaucratic 
        requirements and expedite all relief and recovery 
        actions.</DELETED>

<DELETED>SEC. 5. FINANCIAL ASSISTANCE.</DELETED>

<DELETED>    (a) Debt Relief for Nepal.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) the provision of debt service relief 
                for all remaining payments of Nepal until the debt can 
                be cancelled; and</DELETED>
                <DELETED>    (C) to the extent practicable, the 
                extension of any new assistance to Nepal primarily in 
                the form of grants instead of loans.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) electric grids;</DELETED>
        <DELETED>    (2) roads;</DELETED>
        <DELETED>    (3) water and sanitation facilities;</DELETED>
        <DELETED>    (4) agricultural infrastructure,</DELETED>
        <DELETED>    (5) historical heritage sites; and</DELETED>
        <DELETED>    (6) other critical infrastructure 
        projects.</DELETED>
<DELETED>    (c) Nepal Recovery Private Investment Fund.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) promoting the development of Nepal's 
                private sector, particularly small- and medium-sized 
                enterprises;</DELETED>
                <DELETED>    (B) promoting and testing innovative 
                policies and practices to strengthen Nepal's private 
                sector;</DELETED>
                <DELETED>    (C) enhancing domestic engineering, 
                construction, and accounting capacity;</DELETED>
                <DELETED>    (D) advancing good governance and 
                transparency in Nepal, particularly within the private 
                sector;</DELETED>
                <DELETED>    (E) creating jobs; and</DELETED>
                <DELETED>    (F) fostering greater adherence to Nepal's 
                tax code.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Fast-Track of Investment Feasibility and Assessment 
Studies.--</DELETED>
        <DELETED>    (1) In general.--The Director of the United States 
        Trade and Development Agency shall proactively explore and may 
        provide accelerated response in Nepal for--</DELETED>
                <DELETED>    (A) project identification and investment 
                analyses;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 6. REPORTS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) $200,000,000 for fiscal year 2016;</DELETED>
        <DELETED>    (2) $200,000,000 for fiscal year 2017; 
        and</DELETED>
        <DELETED>    (3) $100,000,000 for fiscal year 2018.</DELETED>
<DELETED>    (b) Transfers.--Of the amounts appropriated for each 
fiscal year pursuant to subsection (a)--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Availability of Funds.--Amounts appropriated for each 
fiscal year pursuant to subsection (a) shall remain available until 
expended.</DELETED>

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 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 1 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' follow-up;
                    (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.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out the policies and objectives set forth in this Act, $90,000,000 for 
each of fiscal years 2017 and 2018.
    (b) Transfers.--Amounts appropriated for each fiscal year pursuant 
to subsection (a)--
            (1) may be contributed by the Administrator and the 
        Secretary of the Treasury 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) 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.
    (c) Availability of Funds.--Amounts appropriated for each fiscal 
year pursuant to subsection (a) shall remain available until expended.
                                                       Calendar No. 357

114th CONGRESS

  2d Session

                                S. 1882

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            February 2, 2016

                       Reported with an amendment
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