[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2125 Engrossed in Senate (ES)]
109th CONGRESS
2d Session
S. 2125
_______________________________________________________________________
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.
(b) Report on Progress.--
(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:
Secretary.
109th CONGRESS
2d Session
S. 2125
_______________________________________________________________________
AN ACT
To promote relief, security, and democracy in the Democratic Republic
of the Congo.