[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2125 Reported in Senate (RS)]


                                                       Calendar No. 442
109th CONGRESS
  2d Session
                                S. 2125

 To promote relief, security, and democracy in the Democratic Republic 
                             of the Congo.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 16, 2005

  Mr. Obama (for himself, Mr. Brownback, Mr. Durbin, Mr. DeWine, Mr. 
 Inhofe, and Mr. Leahy) introduced the following bill; which was read 
        twice and referred to the Committee on Foreign Relations

                              May 23, 2006

                Reported by Mr. Lugar, without amendment

_______________________________________________________________________

                                 A BILL


 
 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 2005''.

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, promoting security, peace, and 
        prosperity in the 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) A recent assessment completed by 4 well-known 
        nongovernmental organizations concluded that ``[r]ecent 
        fighting in North Kivu which displaced over 150,000 people, as 
        well as fighting in Ituri and other areas, is potent evidence 
        that states in the Great Lakes region, particularly Rwanda and 
        Uganda, and members of the transitional government still harbor 
        different and conflicting interests and concerns which place 
        the entire transition program in jeopardy''.
            (9) According to the 2004 Department of State report on 
        human rights practices in the Democratic Republic of the Congo, 
        ``In areas under government control, the human rights record 
        remained poor, and numerous serious abuses occurred.... 
        Government security forces committed unlawful killings, 
        torture, beatings, acts of rape, extortion, and other abuses, 
        such as lootings and interference with citizens' right to 
        privacy.... In areas under marginal government control, where 
        there were many armed groups, those with weapons controlled the 
        population and extorted money, goods, and services.... These 
        groups often acted independently, were poorly trained, and 
        undisciplined and committed numerous, serious human rights 
        abuses with impunity.''

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 fair and democratic elections within the 
        timeframe provided by the Sun City Peace Accords;
            (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 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;
            (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, 2005 (division D of 
the Consolidated Appropriations Act, 2005; Public Law 108-447; 118 
Stat. 3015) 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 60 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.

     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.

    (a) In General.--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.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of State shall submit to the Committee on 
Foreign Relations and Committee on Appropriations of the Senate and the 
Committee on International Relations and the Committee on 
Appropriations of the House of Representatives a report on the 
feasibility and desirability of increasing the size and scope of MONUC 
to more effectively achieve the objectives described in subsection (a).

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.--
            (1) Report on lack of 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 
        Secretary shall submit to the President and Congress a report 
        on such determination.
            (2) Withdrawal of support.--Upon receiving a report under 
        paragraph (1), the President shall consider withdrawing United 
        States support for the assistance described in subsection (a) 
        when future funding decisions are considered.
                                                       Calendar No. 442

109th CONGRESS

  2d Session

                                S. 2125

_______________________________________________________________________

                                 A BILL

 To promote relief, security, and democracy in the Democratic Republic 
                             of the Congo.

_______________________________________________________________________

                              May 23, 2006

                       Reported without amendment