[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6207 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 6207


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 28, 2018

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 AN ACT


 
 To support democracy and accountability in the Democratic Republic of 
                   the Congo, and for other purposes.

    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 
Democracy and Accountability Act of 2018''.

SEC. 2. SENSE OF CONGRESS.

    (a) In General.--It is the sense of Congress that--
            (1) the Democratic Republic of Congo has historically faced 
        election-related political instability, endemic corruption, 
        armed conflict, gross human rights abuses, and humanitarian 
        crises, which destabilizes the region and causes massive human 
        suffering;
            (2) the United States has provided billions of dollars to 
        help stabilize the Democratic Republic of the Congo, including 
        through humanitarian aid, development assistance, and support 
        for peacekeeping operations, since the end of the civil and 
        regional war in 2003;
            (3) the stability of the Democratic Republic of the Congo 
        is a strategic priority for the United States on the African 
        continent and it is in the national security interest of the 
        United States to support accountable governance in the 
        Democratic Republic of Congo;
            (4) United States policy with respect to the Democratic 
        Republic of Congo should focus on helping the country become 
        more stable and democratic, including through supporting 
        legitimate state authority, such that the Government of the 
        Democratic Republic of Congo is better able to respond to and 
        provide for the basic needs of its citizens and live in 
        peaceful coexistence with its neighbors;
            (5) the Government of the Democratic Republic of Congo 
        should comply with all obligations under its Constitution, the 
        International Covenant on Civil and Political Rights ratified 
        on November 1, 1976, and the December 2016 Saint Sylvestre 
        agreement brokered by the Congolese Conference of Catholic 
        Bishops, by--
                    (A) immediately lifting restrictions on the 
                freedoms of assembly, expression, and association;
                    (B) releasing all political prisoners, including 
                those detained for peacefully exercising their rights;
                    (C) ensuring that state security forces protect the 
                rights of peaceful demonstrators;
                    (D) bringing to justice security force personnel 
                accused of serious abuses against citizens, including 
                against protesters or opposition supporters; and
                    (E) allowing private media outlets to operate 
                freely;
            (6) the United States should continue to support efforts to 
        hold free, fair, and democratic elections in the Democratic 
        Republic of the Congo, including by supporting the completion 
        of an inclusive, transparent voter registration process and 
        civic education, preventing or mitigating violence, and 
        facilitating credible election observation by the African 
        Union, the Southern African Development Community, and other 
        appropriate civil society entities.
    (b) Sense of Congress on Humanitarian Assistance for the People of 
the Democratic Republic of the Congo.--It is the sense of Congress that 
the Secretary of State, in coordination with the Administrator of the 
United States Agency for International Development, should continue to 
provide humanitarian and development assistance to the people of the 
Democratic Republic of the Congo through credible and independent 
nongovernmental organizations, including local partners, human rights 
organizations, women-led organizations, and faith-based or non-faith-
based organizations. In providing such assistance, the Secretary and 
Administrator should prioritize--
            (1) promoting partnerships with organizations that have had 
        a long-term presence in the country and have achieved 
        measurable impact, including by building the capacity of local 
        partners, human rights organizations, women-led organizations, 
        or faith-based or non-faith-based organizations to address 
        local needs;
                    (A) placing the country on a trajectory toward 
                ending the need for foreign assistance; and
            (2) evaluating the comparative merits of grants, 
        cooperative agreements, contracts, and other methods for 
        providing foreign assistance.
    (c) Sense of Congress on Support for Democratic Governance and 
Conflict Mitigation Mechanisms in the Democratic Republic of the 
Congo.--It is the sense of Congress that the Secretary of State and the 
Administrator of the United States Agency for International Development 
should--
            (1) continue to--
                    (A) support long-term peace and stability in the 
                Democratic Republic of the Congo by strengthening 
                democratic institutions and promoting respect for the 
                rule of law at the national, provincial, and local 
                levels;
                    (B) support the capacity of civil society actors to 
                promote transparency, accountability, freedom of 
                expression, and anti-corruption efforts;
                    (C) support conflict prevention and mitigation 
                activities where appropriate, particularly in the Kasai 
                region, the Tanganyika Province, the North and South 
                Kivu Provinces, and the Ituri Province; and
                    (D) work to address the root causes of chronic 
                violence and fragility, with a focus on youth 
                empowerment, education, and the promotion of justice 
                and accountability mechanisms; and
            (2) seek to work directly with and through credible, 
        independent, nongovernmental organizations, including local 
        partners, human rights organizations, women-led organizations, 
        and faith-based or non-faith-based organizations, to--
                    (A) defend internationally recognized democratic 
                rights;
                    (B) support freedom of expression, including 
                through media broadcasting;
                    (C) combat public corruption; and
                    (D) improve the transparency and accountability of 
                governing institutions in the Democratic Republic of 
                the Congo.

SEC. 3. SUPPORT FOR EFFORTS AT THE UNITED NATIONS ON THE DEMOCRATIC 
              REPUBLIC OF THE CONGO.

    The President should instruct the Permanent Representative of the 
United States to the United Nations to use the voice, vote, and 
influence of the United States at the United Nations to--
            (1) emphasize the importance of implementing the December 
        2016 Saint Sylvestre agreement to the Government of the 
        Democratic Republic of the Congo, including the need to lift 
        restrictions on the freedoms of assembly, expression, and 
        association, and the need to conduct free, fair, and democratic 
        elections;
            (2) keep the humanitarian and political crisis in the 
        Democratic Republic of the Congo on the regular agenda of the 
        United Nations Security Council until the completion of a 
        peaceful transfer of power through free, fair, and democratic 
        elections;
            (3) ensure that the United Nations Organization 
        Stabilization Mission in the Democratic Republic of the Congo 
        has an appropriately focused mandate tailored to security and 
        governance conditions on the ground with a particular focus on 
        civilian protection, and that the mission has sufficient means, 
        including specialized personnel and effective leadership, to 
        execute its mandate; and
            (4) improve Member states' implementation of United Nations 
        Security Council-imposed sanctions on individuals and entities 
        violating the United Nations arms embargo, threatening the 
        peace and security of the Democratic Republic of the Congo, 
        engaging in human or resource trafficking, or perpetrating 
        gross human rights violations in the Democratic Republic of the 
        Congo.

SEC. 4. CODIFICATION OF SANCTIONS RELATING TO THE DEMOCRATIC REPUBLIC 
              OF THE CONGO.

    (a) In General.--United States sanctions provided for in Executive 
Order 13671 (79 Fed. Reg. 39947; relating to taking additional steps to 
address the national emergency with respect to the conflict in the 
Democratic Republic of the Congo) and Executive Order 13413 (71 Fed. 
Reg. 64103; relating to blocking property of certain persons 
contributing to the conflict in the Democratic Republic of the Congo), 
as amended by Executive Order 13671 (79 Fed. Reg. 39947; relating to 
taking additional steps to address the national emergency with respect 
to the conflict in the Democratic Republic of the Congo), as in effect 
on the day before the date of the enactment of this Act, shall remain 
in effect for the 5-year period beginning on such date of enactment 
unless the President determines and certifies to the appropriate 
congressional committees that the Government of the Democratic Republic 
of the Congo--
            (1) is making significant progress towards holding free and 
        fair elections and respecting the freedoms of press, 
        expression, and assembly, as described in the December 2016 
        Saint Sylvestre agreement and in United Nations Security 
        Council Resolution 2348 (2017); or
            (2) has held free and fair presidential elections in 
        accordance with the Constitution of the Democratic Republic of 
        the Congo and a democratically elected President has been sworn 
        in and taken office.
    (b) Rule of Construction.--Nothing in this section may be construed 
to limit the authorities of the President under the International 
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any other 
provision of law.
    (c) List of Senior Political Figures.--Not later than 90 days after 
the date of the enactment of this Act, the President shall submit to 
the appropriate congressional committees a list of each senior foreign 
political figure, as such term is defined in section 1010.605 of title 
31, Code of Federal Regulations (as in effect on the day before the 
date of the enactment of this Act), of the Government of the Democratic 
Republic of the Congo.
    (d) Additional Sanctions Determination Required.--Not later than 
120 days after the date of the enactment of this Act, the President 
shall submit to the appropriate congressional committees a report 
listing each person included in the list required by subsection (c) 
that the President determines meets the criteria to be sanctionable 
pursuant to one or more of the following:
            (1) Executive Order 13671 (79 Fed. Reg. 39947; relating to 
        taking additional steps to address the national emergency with 
        respect to the conflict in the Democratic Republic of the 
        Congo).
            (2) Executive Order 13413 (71 Fed. Reg. 64103; relating to 
        blocking property of certain persons contributing to the 
        conflict in the Democratic Republic of the Congo).
            (3) Executive Order 13818 (82 Fed. Reg. 60839; relating to 
        blocking the property of persons involved in serious human 
        rights abuse or corruption).
            (4) Paragraph (3) or (4) of section 1263(a) of the National 
        Defense Authorization Act for fiscal year 2016 (22 U.S.C. 2656 
        note).
    (e) Report on Human Rights Abuses and Corruption in the Democratic 
Republic of the Congo.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of State, in consultation with the 
Secretary of the Treasury, shall submit to the appropriate 
congressional committees a report describing each of the following:
            (1) The extent to which government officials in the 
        Democratic Republic of the Congo, including members of the 
        military and security services, are responsible for or 
        complicit in human rights abuses against civilians, including 
        by deliberately impeding humanitarian access to civilians.
            (2) The methods used to transfer and conceal financial 
        assets of senior officials of the Government of the Democratic 
        Republic of the Congo that are acquired through acts of 
        corruption.
            (3) United States actions to combat such corruption, which 
        could include the issuance of a FinCEN Advisory by the 
        Department of the Treasury or the imposition of targeted 
        sanctions.
            (4) To what extent and in what manner such corruption 
        threatens the security of the surrounding region or United 
        States national security interests.
            (5) Any assistance provided by the United States to 
        facilitate oversight, transparency, and adherence to due 
        diligence and accountability measures within the Democratic 
        Republic of the Congo's minerals, forestry, and agribusiness 
        sectors.
    (f) Form; Public Availability.--
            (1) Form.--The list required by subsection (c) and the 
        reports required by subsections (d) and (e) shall be submitted 
        in unclassified form but may contain a classified annex.
            (2) Public availability.--The unclassified portion of the 
        report required by subsection (e) shall be published on a 
        publicly available website of the Department of State.
    (g) Appropriate Congressional Committees.--In this section, the 
term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Affairs, the Committee on 
        Appropriations, the Committee on Financial Services, and the 
        Committee on Ways and Means of the House of Representatives; 
        and
            (2) the Committee on Foreign Relations, the Committee on 
        Appropriations, and the Committee on Banking, Housing, and 
        Urban Affairs of the Senate.

            Passed the House of Representatives November 27, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.