109th CONGRESS
2d Session
S. 2125
IN THE HOUSE OF REPRESENTATIVES
July 10, 2006
Referred to the Committee on International Relations
AN ACT
To promote relief, security, and democracy in the Democratic Republic
of the Congo.
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 `Democratic Republic of the Congo Relief, Security,
and Democracy Promotion Act of 2006'.
TITLE I--BILATERAL ACTION ON ADDRESSING URGENT NEEDS IN THE DEMOCRATIC
REPUBLIC OF THE CONGO
SEC. 101. FINDINGS.
Congress makes the following findings:
(1) The National Security Strategy of the United States, dated September
17, 2002, concludes that `[i]n Africa, promise and opportunity sit side-by-side
with disease, war, and desperate poverty. This threatens both a core value
of the United States preserving human dignity and our strategic priority
combating global terror. American interests and American principles, therefore,
lead in the same direction: we will work with others for an African continent
that lives in liberty, peace, and growing prosperity.'
(2) On February 16, 2005, the Director of the Central Intelligence Agency
testified, `In Africa, chronic instability will continue to hamper counterterrorism
efforts and pose heavy humanitarian and peacekeeping burdens.'
(3) According to the United States Agency for International Development,
`Given its size, population, and resources, the Congo is an important
player in Africa and of long-term interest to the United States.'
(4) The Democratic Republic of Congo is 2,345,410 square miles (approximately
1/4 the size of the United States), lies at the heart of Africa, and touches
every major region of sub-Saharan Africa. Therefore, a secure, peaceful,
and prosperous Democratic Republic of the Congo would have a profound
impact on progress throughout Africa.
(5) A mortality study completed in December 2004 by the International
Rescue Committee found that 31,000 people were dying monthly and 3,800,000
people had died in the previous 6 years because of the conflict in the
Democratic Republic of the Congo and resulting disintegration of the social
service infrastructure and that `improving and maintaining security and
increasing simple, proven and cost-effective interventions such as basic
medical care, immunizations and clean water would save hundreds of thousands
of lives in the Congo. There's no shortage of evidence. It's sustained
compassion and political will that's lacking.'
(6) The International Crisis Group concluded, `The conflict in the Democratic
Republic of the Congo remains one of the deadliest conflicts since World
War II and has resulted in the loss of nearly 4 million lives since 1998....
The international community, and the United Nations Security Council in
particular, must take strong and urgent action to support the transition,
establish a national army and secure lasting peace in the Democratic Republic
of the Congo, if it is to live up to its responsibility to protect those
in need.'
(7) According to the Department of State, `returning one of Africa's largest
countries [the Democratic Republic of the Congo] to full peace and stability
will require significant United States investments in support of national
elections, the reintegration of former combatants, the return and reintegration
of refugees and [internally displaced persons], establishment of central
government control over vast territories, and promotion of national reconciliation
and good governance'.
(8) According to the 2005 Department of State report on human rights practices
in the Democratic Republic of the Congo, `In all areas of the country,
the human rights record remained poor, and numerous serious abuses were
committed; however, there were some improvements during the year.'.
SEC. 102. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to promote, reinvigorate, and support the political process in the
Democratic Republic of the Congo in order to press all parties in the
Transitional National Government to move forward with approval of an electoral
law and put in place mechanisms, including national and international
election observers, fair and transparent voter registration procedures,
and a significant civic awareness and public education campaign, to ensure
that the elections scheduled to be held on July 30, 2006, and future elections
in the Democratic Republic of the Congo are carried out in a fair and
democratic manner;
(2) to ensure that, once a stable national government is established in
the Democratic Republic of the Congo, it is committed to multiparty democracy,
open and transparent governance, respect for human rights and religious
freedom, ending the violence throughout the country, promoting peace and
stability with its neighbors, rehabilitating the national judicial system
and enhancing the rule of law, and combating corruption;
(3) to assist the Government of the Democratic Republic of the Congo in
meeting the basic needs of its citizens, including security, safety, and
access to health care, education, food, shelter, and clean drinking water;
(4) to engage in security sector reform by helping the Government of the
Democratic Republic of the Congo establish through the provision of necessary
equipment and training a viable and professional national army and police
force that respects human rights and the rule of law, is under effective
civilian control, and possesses a viable presence throughout the entire
country, including by contributing to the provision of necessary equipment
and training;
(5) to expedite planning and implementation of programs associated with
the disarmament, demobilization, repatriation, reintegration, and rehabilitation
process in the Democratic Republic of the Congo;
(6) to support efforts of the Government of the Democratic Republic of
the Congo, the United Nations Peacekeeping Mission in the Democratic Republic
of the Congo (MONUC), and other entities, as appropriate, to disarm, demobilize,
and repatriate the Democratic Forces for the Liberation of Rwanda and
other illegally armed groups;
(7) to ensure that the Government of the Democratic Republic of the Congo--
(A) is committed to responsible and transparent management of natural
resources across the country; and
(B) takes active measures--
(i) to promote economic development;
(ii) to hold accountable individuals who misuse the country's natural
resources for personal gain; and
(iii) to implement the Extractive Industries Transparency Initiative
by enacting laws requiring disclosure and independent auditing of
company payments and government receipts for natural resource extraction;
(8) to promote a viable civil society and to enhance nongovernmental organizations
and institutions, including religious organizations, the media, political
parties, trade unions, and trade and business associations, that can act
as a stabilizing force and effective check on the government;
(9) to rebuild and enhance infrastructure, communications, and other mechanisms
that will increase the ability of the central government to manage internal
affairs, encourage economic development, and facilitate relief efforts
of humanitarian organizations;
(10) to halt the high prevalence of sexual abuse and violence perpetrated
against women and children in the Democratic Republic of the Congo and
mitigate the detrimental effects from acts of this type of violence by
undertaking a number of health, education, and financial support measures,
including psycho-social programs, counseling, and HIV/AIDS testing and
treatment, and providing financial support;
(11) to work aggressively on a bilateral basis to urge governments of
countries contributing troops to the United Nations Peacekeeping Mission
in the Democratic Republic of the Congo (MONUC) to enact and enforce laws
on trafficking in persons and sexual abuse that meet international standards,
promote codes of conduct for troops serving as part of United Nations
peacekeeping missions, and immediately investigate and punish citizens
who are responsible for abuses in the Democratic Republic of the Congo;
(12) to undertake steps that--
(A) protect internally displaced persons and refugees in the Democratic
Republic of the Congo and border regions from all forms of violence,
including gender-based violence and other human rights abuses;
(B) address other basic needs of vulnerable populations with the goal
of allowing these conflict-affected individuals to ultimately return
to their homes; and
(C) assess the magnitude of the problem in the Democratic Republic of
the Congo of orphans from conflict and HIV/AIDS, and work to establish
a program of national support;
(13) to engage with governments working to promote peace and security
throughout the Democratic Republic of the Congo and hold accountable individuals,
entities, and countries working to destabilize the country; and
(14) to promote appropriate use of the forests of the Democratic Republic
of the Congo in a manner that benefits the rural population in that country
that depends on the forests for their livelihoods and protects national
and environmental interests.
SEC. 103. BILATERAL ASSISTANCE TO THE DEMOCRATIC REPUBLIC OF THE CONGO.
(a) Authorization of Appropriations-
(1) IN GENERAL- In addition to amounts otherwise available for such purposes,
including amounts from regional funds, there is authorized to be appropriated
$52,000,000 for fiscal year 2006 for bilateral assistance programs in
the Democratic Republic of the Congo under the Foreign Assistance Act
of 1961 (22 U.S.C. 2151 et seq.), the Agricultural Trade Development and
Assistance Act of 1954 (68 Stat. 454, chapter 469), and the Arms Export
Control Act (22 U.S.C. 2751 et seq.).
(2) AVAILABILITY OF FUNDS- Amounts appropriated pursuant to paragraph
(1) are authorized to remain available until expended.
(b) Uses of Assistance- Amounts appropriated pursuant to subsection (a)
shall be used to accomplish the policy objectives in section 102.
(c) Future Year Funding- The Department of State should submit budget requests
in fiscal years 2007, 2008, and 2009 that contain increases in bilateral
assistance for the Democratic Republic of the Congo that are appropriate
and similar to the increase authorized under subsection (a) for fiscal year
2006 if progress is being made, particularly cooperation by the Government
of the Democratic Republic of the Congo, toward accomplishing the objectives
in section 102.
(d) Offsets- Not later than 30 days after the date of the enactment of this
Act, the Secretary of State should consult with the Chairmen and Ranking
Members of the Committee on Foreign Relations, the Committee on Appropriations,
and the Committee on the Budget of the Senate and the Committee on International
Relations, the Committee on Appropriations, and the Committee on the Budget
of the House of Representatives to determine appropriate reductions in funding,
especially redundant or duplicative programs, to offset the increase in
funding authorized in subsection (a).
(e) Uses of Security Assistance- Security assistance that is authorized
to be appropriated under this section shall be made available consistent
with section 551 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2218) and
other provisions of law related to eligibility.
(f) Coordination With Other Donor Nations- The United States should work
with other donor nations, on a bilateral and multilateral basis, to increase
international contributions to the Democratic Republic of the Congo and
accomplish the policy objectives described in section 102.
SEC. 104. ACCOUNTABILITY FOR THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC
OF THE CONGO.
(a) Sense of Congress- It is the sense of Congress that--
(1) the Government of the Democratic Republic of the Congo must be committed
to achieving the policy objectives described in this Act if the efforts
of the United States and other members of the international community
are to be effective in bringing relief, security, and democracy to the
country; and
(2) the international community, through the United Nations peacekeeping
mission, humanitarian and development relief, and other forms of assistance,
is providing a substantial amount of funding that is giving the Government
of the Democratic Republic of the Congo an opportunity to make progress
towards accomplishing the policy objectives in section 102, but this assistance
cannot continue in perpetuity.
(1) REPORT REQUIRED- Not later than one year after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report on the progress made toward accomplishing the policy
objectives described in section 102.
(2) CONTENT- The report required under paragraph (1) shall include--
(A) a description of any major impediments that prevent the accomplishment
of the policy objectives described in section 102;
(B) an evaluation of United States policies and foreign assistance programs
designed to accomplish such policy objectives; and
(C) recommendations for--
(i) improving these policies and programs; and
(ii) any additional bilateral or multilateral actions necessary to
promote peace and prosperity in the Democratic Republic of the Congo.
(c) Termination of Assistance- The Secretary of State may withhold assistance
otherwise available under this Act if the Secretary determines and reports
to Congress that the Government of the Democratic Republic of the Congo
is not making sufficient progress towards accomplishing the policy objectives
described in section 102.
SEC. 105. STRATEGY ON PROMOTING HUMANITARIAN RELIEF, SECURITY, AND DEMOCRACY
IN THE DEMOCRATIC REPUBLIC OF THE CONGO.
Not later than 180 days after the date of the enactment of this Act, the
President shall submit to the Committee on Foreign Relations and the Committee
on Appropriations of the Senate and the Committee on International Relations
and the Committee on Appropriations of the House of Representatives a report
setting forth a strategy for achieving the policy objectives described in
section 102, including a description of an effective mechanism for coordination
of United States Government efforts to implement this strategy.
SEC. 106. SPECIAL ENVOY FOR THE GREAT LAKES REGION.
(a) In General- Not later than 60 days after the date of the enactment of
this Act, the President should appoint a Special Envoy for the Great Lakes
Region to resolve the instability and insecurity in Eastern Congo, which
is the result of multiple international and domestic factors, and to enhance
the regional harmonization of United States policies and assistance programs.
(b) Consultation- In appointing the Special Envoy, the President should
consult with the Majority Leader and Minority Leader of the Senate, the
Speaker and Minority Leader of the House of Representatives, and the Chairmen
and Ranking Members of the Committee on Foreign Relations of the Senate
and the Committee on International Relations of the House of Representatives.
(c) Eligibility of Department of State Employees- The individual designated
to serve as the Special Envoy may be an employee of the Department of State
with the rank of Deputy Assistant Secretary or higher.
TITLE II--MULTILATERAL ACTIONS TO ADDRESS URGENT NEEDS IN THE DEMOCRATIC
REPUBLIC OF THE CONGO
SEC. 201. PROMOTION OF UNITED STATES POLICY TOWARD THE DEMOCRATIC REPUBLIC
OF THE CONGO IN THE UNITED NATIONS SECURITY COUNCIL.
The United States shall use its voice and vote in the United Nations Security
Council--
(1) to address exploitation at the United Nations Peacekeeping Mission
in the Democratic Republic of the Congo (MONUC) by urging, when credible
allegations exist, appropriate investigation of alleged perpetrators and,
as necessary, prosecution of United Nations personnel responsible for
sexual abuses in the Democratic Republic of the Congo;
(2) to ensure that appropriate guidelines, codes of conduct, and programs
for the prevention of sexual abuse and trafficking in persons are undertaken
by the United Nations;
(3) to strengthen the authority and capacity of MONUC by--
(A) providing specific authority and obligation to prevent and effectively
counter imminent threats;
(B) clarifying and strengthening MONUC's rules of engagement to enhance
the protection of vulnerable civilian populations;
(C) enhancing the surveillance and intelligence-gathering capabilities
available to MONUC;
(D) where consistent with United States policy, making available personnel,
communications, and military assets that improve the effectiveness of
robust peacekeeping, mobility, and command and control capabilities
of MONUC; and
(E) providing MONUC with the authority and resources needed to support
efforts surrounding national elections and the referendum on the constitution,
and to monitor arms trafficking and natural resource exploitation at
key border posts and airfields in the eastern part of the Democratic
Republic of the Congo;
(4) to encourage regular visits of the United Nations Security Council
to monitor the situation in the Democratic Republic of the Congo;
(5) to ensure that the practice of recruiting and arming children in the
Democratic Republic of the Congo is immediately halted pursuant to Security
Council Resolutions 1460 (2003) and 1539 (2004);
(6) to strengthen the arms embargo imposed pursuant to Security Council
Resolution 1493 (2003) and ensure that violators are held accountable
through appropriate measures, including the possible imposition of sanctions;
(7) to allow for the more effective protection and monitoring of natural
resources in the Democratic Republic of the Congo, especially in the eastern
part of the country, and for public disclosure and independent auditing
of natural resource revenues to help ensure transparent and accountable
management of these revenues;
(8) to press countries in the Congo region to help facilitate an end to
the violence in the Democratic Republic of the Congo and promote relief,
security, and democracy throughout the region; and
(9) to encourage the United Nations Secretary-General to become more involved
in completing the policy objectives described in paragraphs (1) and (2)
of section 102 and ensure that recent fighting in North Kivu, which displaced
over 150,000 people, as well as fighting in Ituri and other areas, does
not create widespread instability throughout the country.
SEC. 202. INCREASING CONTRIBUTIONS AND OTHER HUMANITARIAN AND DEVELOPMENT
ASSISTANCE THROUGH INTERNATIONAL ORGANIZATIONS.
(a) In General- The President shall instruct the United States permanent
representative or executive director, as the case may be, to the United
Nations voluntary agencies, including the World Food Program, the United
Nations Development Program, and the United Nations High Commissioner for
Refugees, international financial institutions, and other appropriate international
organizations to use the voice and vote of the United States to support
additional humanitarian and development assistance for the Democratic Republic
of the Congo in order to accomplish the objectives described in section
102.
(b) Support Contingent on Progress- If the Secretary of State determines
that the Government of the Democratic Republic of the Congo is not making
sufficient progress towards accomplishing the policy objectives in section
102, the President shall consider withdrawing United States support for
the assistance described in subsection (a) when future funding decisions
are considered.
Passed the Senate June 29, 2006.
Attest:
EMILY J. REYNOLDS,
Secretary.
END
