,,ii #aadth ,,congress #ast ,session ,s4 #ahhb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bi1 #bjae ,mr4 ,cardin 7for himself and ,mr4 ,kirk7 introduced the following bill2 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 recent1 devastating earthquakes near ,kathmandu4 #a4 ,short title ,this ,act may be cited as the ,nepal ,recovery ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,committee on ,appropriations of the ,senate2 7,c7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,d7 the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,international financial institution ,the term international financial institution means-- 7,a7 each of the institutions listed in section #agja7;c77#b7 of the ,international ,financial ,institutions ,act 7#bb ,u4,s4,c4 #bfbr7c77#b772 and 7,b7 the ,international ,development ,fund for ,agricultural ,development4 #c4 ,findings ,congress makes the following findings3 7#a7 ,on ,april #be1 #bjae1 an earthquake measuring #g4h on the ,richter scale and a subsequent earthquake on ,may #ab measuring #g4c on the ,richter scale and numerous aftershocks-- 7,a7 devastated ,kathmandu1 ,nepal and the surrounding areas2 7,b7 killed more than #h1gjj people2 7,c7 injured hundreds of thousands additional people2 7,d7 destroyed or damaged more than #ggj1jjj homes1 leaving the families who had been living in those homes without shelter2 7,e7 damaged or destroyed more than #dg1jjj classrooms2 7,f7 damaged or destroyed over #a1jjj health facilities including primary health care centers and birthing centers2 7,g7 left many people with newly acquired disabilities1 including lost limbs and other physical and mental trauma2 7,h7 severely impacted livelihoods and food security for millions of people1 including the destruction of stockpiled grains and the loss of more than #ag1jjj cattle and #dj1jjj smaller domesticated animals2 and 7,i7 disrupted social structures and families through death1 injury1 and relocation4 7#b7 ,the earthquake devastated ,nepal's infrastructure1 including homes1 offices1 factories1 roads1 bridges1 communications1 and other facilities4 7#c7 ,american citizens were also killed in the widespread destruction caused by the earthquake4 7#d7 ,six ,american service members and #b members of the ,nepalese ,army lost their lives in a helicopter accident while working to relieve the suffering of the ,nepalese people following the earthquake4 7#e7 ,the ,world ,bank and the ,government of ,nepal conducted a post disaster needs assessment that estimated almost #f1gjj1jjj1jjj in sector specific damage1 losses1 and recovery needs4 7#f7 ,in ,nepal1 which is one of the poorest countries in the world-- 7,a7 an estimated #be percent of the population lives on less than #a4be per day2 7,b7 there is a #df-percent unemployment rate1 with the majority of the population engaged in subsistence agriculture2 7,c7 only #be percent of ,nepalese participate in the formal banking system1 with the majority of ,nepalese severely lacking access to credit and financial services1 making accessing credit for rebuilding difficult2 and 7,d7 has one of the slowest economic growth rates in the region4 7#g7 ,nepal bears a significant burden of national debt1 which hinders recovery4 7#h7 ,some of the investments created from loans to ,nepal were lost in the earthquake1 but the country is still obligated to pay off the loans4 7#i7 ,the geography of ,nepal poses a significant challenge to relief1 reconstruction1 and development that requires extraordinary efforts and assets to overcome4 7#aj7 ,the ,united ,states ,government1 the ,government of ,nepal1 and civil society organizations have invested in disaster risk reduction efforts for nearly #bj years4 ,those efforts have reduced suffering and prevented greater loss of life and property4 7#aa7 ,in recent years1 the ,government and people of ,nepal have taken important steps forward to resolve civil conflict1 reconcile1 and promote economic growth and development4 7#ab7 ,nepal has qualified for the ,millennium ,challenge ,corporation ,threshold ,program and has been selected for a ,millennium ,challenge ,corporation ,compact1 based on its performance on key selection criteria4 7#ac7 ,united ,states trade preference programs1 which extend duty-free tariff treatment1 could accelerate ,nepal's efforts to reestablish economic growth4 7#ad7 ,the earthquake has significantly increased the costs and uncertainty of doing business in ,nepal4 7#ae7 ,a strong and unequivocal commitment from the ,united ,states is needed-- 7,a7 to help ,nepal offset the costs of doing business in ,nepal2 7,b7 to preserve the gains made with ,united ,states assistance2 and 7,c7 to encourage buyers and investors to stand with ,nepal through this crisis4 #d4 ,statement of policy ,it is the policy of the ,united ,states1 in partnership with the ,government of ,nepal and in coordination with the international community-- 7#a7 to support the sustainable recovery and rebuilding of ,nepal in a manner that-- 7,a7 encourages greater economic growth2 7,b7 embraces the independence1 resilience1 and democratic governance of ,nepal2 7,c7 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 reconstruction2 7,d7 is transparent and equitably reaches the most severely affected communities1 particularly those in hard-to-reach areas or who are otherwise marginalized2 7,e7 dedicates significant resources to addressing the vulnerability of young girls and boys who are often at much higher risk of trafficking1 sexual exploitation1 child labor1 and other forms of abuse during emergencies2 7,f7 prohibits the participation of the ,united ,states in any construction effort1 which uses forced or child labor1 unregistered recruitment agencies1 or pays wages through means other than directly to the laborer or to their bank account2 7,g7 promotes-- 7i7 the utilization of full-time1 ,nepalese laborers that are paid not less than a living wage2 and 7ii7 compliance with ,nepalese labor law and ,international ,labor ,organization core labor standards1 including workplace health and safety2 7,h7 incorporates the potential of women and men to contribute equally and to their maximum efficiency2 7,i7 harnesses the energy of youth1 who make up #cc percent of ,nepal's population1 to rebuild ,nepal2 7,j7 rebuilds in ways that foster resilience to future earthquakes1 landslides1 and other natural disasters that threaten ,nepal2 7,k7 enables a rapid return to school for children1 including the rapid construction and effective utilization of medium term temporary school structures2 and 7,l7 coordinates activities with the ,millennium ,challenge ,corporation and other agencies to assure the optimal effectiveness of ,united ,states efforts4 7#b7 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 disaster2 7#c7 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 resources2 7#d7 to ensure that previously ongoing development investments in health1 education1 economic growth1 food security1 and other areas continue1 where appropriate1 and are not diverted to other purposes1 and additional resources are dedicated for earthquake recovery2 7#e7 to support debt relief for the ,government of ,nepal in order to expand and hasten government-led reconstruction2 7#f7 to affirm and build a long-term partnership with ,nepal in support of providing a foundation for economic growth and sustainability through investments-- 7,a7 in essential infrastructure1 including transport1 financial services1 and energy2 7,b7 to rebuild ,nepal's competitiveness and private sector in order to foster employment generation1 including policies to encourage investment and open world consumer markets to ,nepalese exports2 7,c7 in food security and rural and agricultural development1 particularly of food staples and other crops that provide economic growth and build lasting food security2 and 7,d7 that recognize and address how obstacles related to gender limit1 hinder1 or suppress the economic productivity and gain of women2 7#g7 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 sold2 7#h7 to ensure1 with the ,government of ,nepal1 that affected children are protected from potential violence1 abuse1 neglect1 and exploitation and have the ability to access child protection services1 including psychosocial support2 7#i7 to support1 in coordination with other donors-- 7,a7 the institutional development and capacity building of the ,government of ,nepal at the national1 local1 and community levels so that the ,government of ,nepal can ensure basic services for its population1 including health care1 education1 and other basic social services2 7,b7 significant contributions to a multilateral trust fund that will be established to enhance the reconstruction and rebuilding of ,nepal2 7,c7 the ,government and people of ,nepal to lead the vision for reconstruction and rebuilding of ,nepal2 and 7,d7 communities to fully participate in the recovery and reconstruction process1 by employing local labor and consulting local leaders1 affected communities1 and civil society for their experience and vision2 7#aj7 to address the stateless populations in ,nepal displaced by the earthquake including people who-- 7,a7 are least likely to receive support through the regular government systems2 and 7,b7 may have particularly greater needs2 7#aa7 to prioritize the provision of excess defense articles1 including small aircraft1 to ,nepal to assist in search1 relief1 and rescue efforts related to earthquakes and future humanitarian crises2 and 7#ab7 to utilize every regulatory and administrative flexibility available to minimize bureaucratic requirements and expedite all relief and recovery actions4 #e4 ,financial assistance 7a7 ,debt relief for nepal 7#a7 ,cancellation of debt ,the ,secretary of the ,treasury should direct the ,united ,states ,executive ,director to each international financial institution to advocate1 by voice and vote1 in such institution-- 7,a7 the cancellation of any and all remaining debt obligations of ,nepal1 including debt obligations incurred after the date of the enactment of this ,act2 7,b7 the provision of debt service relief for all remaining payments of ,nepal until the debt can be cancelled2 and 7,c7 to the extent practicable1 the extension of any new assistance to ,nepal primarily in the form of grants instead of loans4 7#b7 ,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 ,nepal4 7b7 ,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 transparency1 donor coordination1 and ,nepalese ownership1 and consultation with civil society1 particularly when making investments in ,nepal's infrastructure1 such as-- 7#a7 electric grids2 7#b7 roads2 7#c7 water and sanitation facilities2 7#d7 agricultural infrastructure1 7#e7 historical heritage sites2 and 7#f7 other critical infrastructure projects4 7c7 ,nepal ,recovery ,private ,investment ,fund 7#a7 ,in general ,the ,united ,states ,government may establish a ,nepal ,recovery ,private ,investment ,fund 7referred to in this subsection as the ,fund71 made available from existing appropriations1 to provide loans1 equity investments and other forms of support to small- and medium-sized private enterprises with the purpose of-- 7,a7 promoting the development of ,nepal's private sector1 particularly small- and medium-sized enterprises2 7,b7 promoting and testing innovative policies and practices to strengthen ,nepal's private sector2 7,c7 enhancing domestic engineering1 construction1 and accounting capacity2 7,d7 advancing good governance and transparency in ,nepal1 particularly within the private sector2 7,e7 creating jobs2 and 7,f7 fostering greater adherence to ,nepal's tax code4 7#b7 ,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 firms1 as well as private funds raised from other limited investors4 7#c7 ,administration ,the ,fund shall be administered by an entity1 either established or designated by the ,united ,states ,government for this purpose1 which is under the supervision of a board of directors consisting of #d private citizens from the ,united ,states and #c private citizens from ,nepal4 7#d7 ,duration ,the ,fund should liquidate its assets and dissolve not later than ,april #be1 #bjcj1 unless the ,secretary of ,state determines that the ,fund should be extended4 ,any long-term profits from the ,fund shall be used in ,nepal to further the purposes of disaster risk reduction and preparedness4 7d7 ,fast-,track of investment feasibility and assessment studies 7#a7 ,in general ,the ,director of the ,united ,states ,trade and ,development ,agency shall proactively explore and may provide accelerated response in ,nepal for-- 7,a7 project identification and investment analyses2 7,b7 trade capacity building and sector development activities1 including technical assistance and feasibility studies that support investments in infrastructure that contribute to overseas development2 and 7,c7 trade capacity building and sector development assistance supporting the establishment of industry standards1 rules1 regulations1 market liberalization1 and other policy reform with a particular focus on engineering and construction4 #f4 ,reports 7a7 ,report on impact of disaster risk reduction efforts ,not later than #a year after the date of the enactment of this ,act1 the ,administrator of the ,united ,states ,agency for ,international ,development 7referred to in this section as the ,administrator7 shall submit a report to the appropriate congressional committees that-- 7#a7 analyzes how the ,united ,states investments in ,nepal during the last #bj years in disaster risk reduction and earthquake resilience saved lives1 reduced suffering1 and reduced property damage and economic losses during the earthquake and subsequent aftershocks2 and 7#b7 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 programming4 7b7 ,report on humanitarian relief efforts ,not later than #a year after the date of the enactment of this ,act1 the ,administrator1 in consultation with the ,secretary of ,defense1 shall submit a report to the appropriate congressional committees that describes the cost1 effectiveness1 timeliness1 and impact of the international humanitarian assistance provided to ,nepal4 #g4 ,authorization of appropriations 7a7 ,amounts authorized ,in addition to funding previously dedicated to development in ,nepal and any international disaster assistance resources made available for immediate humanitarian response activities1 there are authorized to be appropriated1 either as part of the regular appropriation process or as part of supplementary appropriations1 to carry out the policies and objectives set forth in this ,act-- 7#a7 #bjj1jjj1jjj for fiscal year #bjaf2 7#b7 #bjj1jjj1jjj for fiscal year #bjag2 and 7#c7 #ajj1jjj1jjj for fiscal year #bjah4 7b7 ,transfers ,of the amounts appropriated for each fiscal year pursuant to subsection 7a7-- 7#a7 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 #be1 #bjae1 subject to the regular notification procedures of the appropriate congressional committees2 and 7#b7 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 guarantees1 notwithstanding the otherwise applicable dollar limitations on transfers to such account4 7c7 ,availability of funds ,amounts appropriated for each fiscal year pursuant to subsection 7a7 shall remain available until expended4