[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2125 Enrolled Bill (ENR)]
S.2125
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
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 the 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) The most recent war in the Democratic Republic of the
Congo, which erupted in 1998, spawned some of the world's worst
human rights atrocities and drew in six neighboring countries.
(6) Despite the conclusion of a peace agreement and subsequent
withdrawal of foreign forces in 2003, both the real and perceived
presence of armed groups hostile to the Governments of Uganda,
Rwanda, and Burundi continue to serve as a major source of regional
instability and an apparent pretext for continued interference in
the Democratic Republic of the Congo by its neighbors.
(7) 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 six years
because of the conflict in the Democratic Republic of the Congo and
resulting disintegration of the social service infrastructure,
making this one of the deadliest conflicts since World War II.
(8) In 2004, Amnesty International estimated that at least
40,000 women and girls were systematically raped and tortured in
the Democratic Republic of the Congo since 1998, and nearly two-
thirds of ongoing abuses against women and girls are perpetrated by
members of the security forces, particularly the Forces Armes de la
Republique Democratique du Congo (FARDC) and the Police Nationale
Congolaise (PNC).
(9) 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''.
SEC. 102. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to help 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 and the
succeeding government to implement fully and to institutionalize
mechanisms, including national and international election
observers, fair and transparent voter registration procedures, and
a significant civic awareness and public education campaign created
for the July 30, 2006, elections and future elections in the
Democratic Republic of the Congo, to ensure that elections are
carried out in a fair and democratic manner;
(2) to urge the Government of the Democratic Republic of the
Congo to recognize and act upon its responsibilities to immediately
bring discipline to its security forces, hold those individuals
responsible for atrocities and other human rights violations,
particularly the rape of women and girls as an act of war,
accountable and bring such individuals to justice;
(3) to help 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, combating corruption, instituting
economic reforms to promote development, and creating an
environment to promote private investment;
(4) to assist the Government of the Democratic Republic of the
Congo as it seeks to meet the basic needs of its citizens,
including security, safety, and access to health care, education,
food, shelter, and clean drinking water;
(5) to support security sector reform by assisting the
Government of the Democratic Republic of the Congo to establish 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, provided the Democratic Republic of the Congo meets
all requirements for United States military assistance under
existing law;
(6) to help expedite planning and implementation of programs
associated with the disarmament, demobilization, repatriation,
reintegration, and rehabilitation process in the Democratic
Republic of the Congo;
(7) 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;
(8) to make all efforts 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 illegally
exploit the country's natural resources; 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;
(9) 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;
(10) to help 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;
(11) to help 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 psycho-social support programs;
(12) 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;
(13) to assist the Government of the Democratic Republic of the
Congo as undertakes steps to--
(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 of orphans from
conflict and HIV/AIDS in the Democratic Republic of the Congo,
and work to establish a program of national support;
(14) 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
(15) 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) Funding for Fiscal Years 2006 and 2007.--Of the amounts made
available to carry out 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.) for fiscal year 2006 and 2007, at least
$52,000,000 for each such fiscal year should be allocated for bilateral
assistance programs in the Democratic Republic of the Congo.
(b) Future Year Funding.--It is the sense of Congress that the
Department of State should submit budget requests in fiscal years 2008
and 2009 that contain increases in bilateral assistance for the
Democratic Republic of the Congo that are appropriate if progress is
being made, particularly cooperation by the Government of the
Democratic Republic of the Congo, toward accomplishing the policy
objectives described in section 102.
(c) 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
section 102 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;
(2) the Government of the Democratic Republic of the Congo
should immediately exercise control over and discipline its armed
forces, stop the mass rapes at the hands of its armed forces, and
hold those responsible for these acts accountable before an
appropriate tribunal;
(3) the Government of the Democratic Republic of the Congo, in
collaboration with international aid agencies, should establish
expert teams to assess the needs of the victims of rape and provide
health, counseling, and social support services that such victims
need; and
(4) 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 described in section 102, but this assistance
cannot continue in perpetuity.
(b) Termination of Assistance.--It is the sense of Congress that
the Secretary of State should withhold assistance otherwise available
under this Act if the Secretary determines 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. WITHHOLDING OF ASSISTANCE.
The Secretary of State is authorized to withhold assistance made
available under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.), other than humanitarian, peacekeeping, and counterterrorism
assistance, for a foreign country if the Secretary determines that the
government of the foreign country is taking actions to destabilize the
Democratic Republic of the Congo.
SEC. 106. REPORT ON PROGRESS TOWARD ACCOMPLISHING POLICY OBJECTIVES.
(a) 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.
(b) Contents.--The report required under subsection (a) shall
include--
(1) a description of any major impediments that prevent the
accomplishment of the policy objectives described in section 102,
including any destabilizing activities undertaken in the Democratic
Republic of Congo by governments of neighboring countries;
(2) an evaluation of United States policies and foreign
assistance programs designed to accomplish such policy objectives;
and
(3) recommendations for--
(A) improving the policies and programs referred to in
paragraph (2); and
(B) any additional bilateral or multilateral actions
necessary to promote peace and prosperity in the Democratic
Republic of the Congo.
SEC. 107. SPECIAL ENVOY FOR THE GREAT LAKES REGION.
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 help coordinate efforts to resolve the instability and insecurity in
Eastern Congo.
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 should 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
continuing to urge, 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 conclude at the earliest possible date a Memorandum of
Understanding relating to binding codes of conduct and programs for
the prevention of sexual abuse and trafficking in persons to be
undertaken by the United Nations for all countries that contribute
troops to MONUC, to include the assumption of personal liability
for the provision of victims assistance and child support, as
appropriate, by those who violate the codes of conduct;
(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 effectively 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 should 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, 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 policy 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 described in section 102, the President shall consider
withdrawing United States support for the assistance described in
subsection (a) when future funding decisions are considered.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.