[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8310 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 8310

 To require strategies on United States policy towards the Democratic 
             Republic of the Congo, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2024

  Mr. James (for himself and Mr. Jackson of Illinois) introduced the 
following bill; which was referred to the Committee on Foreign Affairs, 
 and in addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To require strategies on United States policy towards 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 ``Bipartisan Building Relationships 
and Increasing Democratic Governance through Engagement to DRC Act of 
2024'' or the ``Bipartisan BRIDGE to DRC Act of 2024''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States recognized the Democratic Republic of 
        the Congo (hereafter referred to as ``the DRC'') on June 30, 
        1960.
            (2) The DRC has long suffered from armed conflicts and 
        threats to its territorial integrity, including by the March 23 
        Movement (hereafter referred to as ``M23''), ISIS-DRC, also 
        known as the Allied Democratic Forces, and the Forces 
        Democratiques de Liberation du Rwanda (hereafter referred to as 
        ``FDLR'').
            (3) Political stability in the DRC is crucial to economic 
        growth and development in the country. The DRC's instability is 
        further exacerbated by impunity, endemic corruption, 
        exploitation of its natural resources, armed conflict, and 
        human rights abuses.
            (4) The DRC held presidential, legislative, provincial, and 
        municipal council elections in December 2023, that were marred 
        by irregularities, logistical difficulties and delays.
            (5) The United Nations Stabilization Mission in the 
        Democratic Republic of the Congo (hereafter referred to as 
        ``MONUSCO''), first deployed in 1999, is scheduled to draw 
        down.
            (6) Regional mechanisms have been unable to sufficiently 
        address the longstanding insecurity.
            (7) The DRC has globally significant reserves of cobalt and 
        other critical minerals, including lithium, tantalum, and rare 
        earth elements such as niobium and germanium, among others.
            (8) The DRC is the world's largest producer and exporter of 
        cobalt and, as of mid-2023, the world's second largest producer 
        of copper.
            (9) As of 2021, 15 of the 19 cobalt producing mines in the 
        DRC are owned or in part financed by the People's Republic of 
        China (hereafter referred to as ``PRC'') based firms.
            (10) In 2016, one of the largest copper and cobalt mines in 
        the world, Tenke Fungurume, and in 2020, the undeveloped 
        Kisanfu concession were sold by a United States company to the 
        PRC state-tied mining company CMOC (previously known as China 
        Molybdenum Company Limited).

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the stability of the Democratic Republic of the Congo 
        is a strategic priority for the people of the DRC, the 
        continent of Africa, and the United States, and it is in the 
        economic and national security interest of the United States to 
        support accountable, inclusive, and democratic governance in 
        the Democratic Republic of Congo;
            (2) it is in the United States interest to support 
        additional efforts to end conflicts in eastern DRC, including 
        by seeking to end the Rwandan Government's support to the M23, 
        the DRC Government's support to the FDLR, the documented use of 
        child soldiers by armed groups, and the threat posed to the 
        Congolese people from undisciplined elements of the armed 
        forces of the DRC and non-state armed groups;
            (3) United States humanitarian assistance remains critical 
        in providing millions of people in the DRC with life-saving aid 
        and alleviating the suffering of people affected by disasters;
            (4) the United States should use its voice, vote, and 
        influence in the United Nations to ensure that the withdrawal 
        of MONUSCO from the DRC does not create a security vacuum that 
        amplifies the armed conflict and humanitarian crisis in eastern 
        DRC;
            (5) the United States should identify policy reforms that 
        would support the aspirations of the DRC Government to become 
        eligible for a Millenium Challenge Corporation threshold 
        program;
            (6) the United States should build on the Africa Gold 
        Advisory issued in June 2023 and encourage enterprises active 
        in the mineral supply chain of gold produced in the Democratic 
        Republic of the Congo, notably Primera Gold DRC and AuricHub, 
        to ensure that their sourcing practices are in full compliance 
        with national, regional, and international requirements and 
        standards and benefit the Congolese people;
            (7) the United States should work to ensure enforcement of 
        voluntary and mandatory due diligence mechanisms and safeguards 
        to protect internationally recognized worker rights, support 
        multi stakeholder alliances and industry coalitions, and pursue 
        actions to end human rights violations, environmental 
        degradation, and opaque businesses practices in the DRC's 
        mining sector, and especially in regard to artisanal mining, 
        the United States should assist and work to ensure that forced 
        labor, including child labor, and other human rights abuses are 
        not practiced; and
            (8) the current dominant role of the PRC over the 
        extraction, processing and refining of the DRC's cobalt and 
        certain other critical minerals, coupled with poor governance 
        and illegal exploitation of critical minerals, deprives the DRC 
        of important revenue and added value and has contributed to the 
        lack of adherence to governance, human rights principles, and 
        labor and environmental standards.

SEC. 4. STATEMENT OF POLICY.

    It is the policy of the United States to--
            (1) support efforts to address conflict and instability in 
        the DRC, including to urge armed actors to comply with their 
        obligations to protect civilians under international 
        humanitarian law and to respect international human rights;
            (2) use existing sanctions authorities including the Global 
        Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et 
        seq.), Executive Order 13413 as amended by Executive Order 
        13671, and Executive Order 13224 as amended against those 
        perpetrating corruption or human rights violations in the DRC;
            (3) condemn all actions that suppress press freedom and to 
        reaffirm to the Government of the DRC the centrality of press 
        freedom to efforts of the United States Government to support 
        democracy, mitigate conflict, and promote good governance;
            (4) ensure that critical minerals are produced, processed, 
        and recycled in a manner that supports the ability of countries 
        to realize the full economic development benefit of their 
        geological endowments and that respects human rights as well as 
        environmental, social, labor, and governance standards;
            (5) support efforts to accurately oversee, monitor, and 
        prevent labor and human rights abuses in the DRC's mining 
        industry in order to remove child and forced labor, which 
        occurs in some artisanal mining, from United States and global 
        supply chains, including by encouraging the Government of the 
        DRC to support business and technological skills-training and 
        other capacity-building measures, including legal reforms, to 
        help build the legitimate, responsible, conflict-free, 
        productive and income-generating capacity of the artisanal and 
        small-scale mining sector;
            (6) engage with the Government of the DRC to address 
        factors, including opaque business and taxation practices, and 
        unpredictable administrative requirements, that limit United 
        States investment and constrain the ability of the United 
        States and the DRC to strengthen economic cooperation;
            (7) encourage Federal departments and agencies including 
        the Department of State, the United States Agency for 
        International Development, the United States Development 
        Finance Corporation, the Export-Import Bank of the United 
        States, the United States Trade and Development Agency, and the 
        Department of Commerce to identify opportunities to increase 
        the amount of United States investment in the DRC's critical 
        minerals sector; and
            (8) recognize that the PRC's influence over the DRC's 
        mining sector output and processing is harmful to the Congolese 
        people, in particular the predatory and opaque business tactics 
        and labor rights violations of PRC-linked entities.

SEC. 5. STRATEGY ON DEMOCRACY, PEACE, AND STABILITY IN THE DRC.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the President, in consultation with the 
Secretary of State, the Secretary of Defense, and the Administrator of 
the United States Agency for International Development, shall submit to 
the appropriate congressional committees a strategy to promote 
democracy, peace, and stability in the DRC. Such strategy shall include 
the following--
            (1) a long-term plan for the United States to support and 
        promote democracy and good governance in the DRC, including--
                    (A) identifying specific failures in the National 
                Independent Electoral Commission's 2023 election 
                planning that contributed to the pre-election voter 
                roll issues and logistical delays in distributing 
                ballot materials and the election day irregularities 
                regarding polling station openings and voting machine 
                performance, to ensure that future elections are free 
                and fair; and
                    (B) identifying necessary reforms to government 
                institutions to address corruption, promote human 
                rights, and increase transparency and accountability;
            (2) a plan to address conflict and instability in eastern 
        DRC, including support for--
                    (A) plans to promote more transparent coordination 
                among various state security actors;
                    (B) a vetting mechanism to remove abusive officers 
                from command positions in the state security forces;
                    (C) an effective Disarmament, Demobilization, and 
                Reintegration (DDR) program for former combatants;
                    (D) encouraging greater protection of civilians and 
                human rights;
                    (E) truth and reconciliation processes to address 
                grievances of parties to the conflict; and
                    (F) preventing and addressing human rights abuses 
                by all parties; and
                    (G) an inclusive and holistic approach to justice 
                and accountability for perpetrators of human rights 
                violations and atrocities.
    (b) Form.--The strategy required under subsection (a) shall be 
submitted in unclassified form and may include a classified annex.
    (c) Updates.--Not later than 3 years after the submission of the 
initial strategy required by subsection (a), and every 3 years 
thereafter for 12 years, the President shall submit to the appropriate 
congressional committees a report that includes--
            (1) an update of the strategy submitted pursuant to 
        subsection (a); and
            (2) an assessment of the effectiveness of such strategy, as 
        of the date of the submission of the update.

SEC. 6. NATIONAL STRATEGY ON THE DRC'S CRITICAL MINERAL SECTOR.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the President, in consultation with the 
Secretary of State, the Administrator of the United States Agency for 
International Development, and the heads of other appropriate Federal 
departments and agencies, shall submit to the appropriate congressional 
committees a written strategy to support efforts by the DRC to ensure 
critical minerals are produced, processed, and recycled in a manner 
that--
            (1) supports the ability of the people of the DRC to 
        realize the full economic development benefit of their 
        geological endowments; and
            (2) adheres to the highest human rights as well as 
        environmental, social, labor, and governance standards.
    (b) Elements.--The strategy required by subsection (a) shall also 
include the following:
            (1) An analysis of the level of control exerted by the PRC 
        over the DRC's mining sector, including--
                    (A) the market share of PRC-linked entities in the 
                DRC's mining sector, to include analysis of the market 
                share for each of the critical minerals identified as 
                part of the United States Geological Survey list of 50 
                mineral commodities critical to the United States 
                economy and national security and being at the highest 
                risk of supply chain disruption in both the DRC as a 
                whole and within each province where the critical 
                minerals are located; and
                    (B) the financial terms of PRC-linked entities 
                investments in primary extraction.
            (2) An assessment of human rights and labor conditions at 
        PRC-owned mines in the DRC compared to those owned by partner 
        countries.
            (3) An assessment of the market share and capacity of 
        partner country mining companies with respect to the DRC's 
        mining sector.
            (4) An assessment of illicit mining deals, critical mineral 
        theft, and corruption in resource rich areas of the DRC.
            (5) A plan to facilitate consultation with Congolese civil 
        society and community leaders to develop a comprehensive and 
        holistic strategy to achieve the goals in subsection (a).
            (6) A strategic plan to use bilateral and multilateral 
        diplomatic relations, including through sustained engagement 
        with the governments of United States allies and partners, to 
        express to the Government of the DRC that the international 
        community supports business and technological skills-training 
        and other capacity-building measures, including legal reforms, 
        to help build the legitimate, responsible, and conflict-free 
        productive and income-generating capacities of the artisanal 
        and small-scale mining sector to the benefit of the Congolese 
        people.
            (7) A plan to ensure the issuance of due diligence 
        reporting requirements for private sector entities engaged in 
        the sector in the DRC.
            (8) An interagency plan to increase United States 
        investment in the DRC, including through--
                    (A) providing foreign assistance to consult with 
                and promote sustainable development in communities 
                affected by mining, protect human rights, and provide 
                professional training for local workers;
                    (B) providing technical assistance to support the 
                Government of the DRC's efforts to improve the business 
                climate of the DRC; and
                    (C) ensuring sufficient staffing of the United 
                States Embassy in Kinshasa to support the critical 
                minerals portfolio, including by establishing a 
                permanent presence of Foreign Commercial Service 
                Officers to provide commercial services and export 
                assistance to United States companies seeking to do 
                business in the DRC.
    (c) Form.--The strategy required under subsection (a) shall be 
submitted in unclassified form and may include a classified annex.
    (d) Updates.--Not later than 3 years after the submission of the 
initial strategy required by subsection (a), and every 3 years 
thereafter for 12 years, the President shall submit to the appropriate 
congressional committees a report that includes--
            (1) an update of the strategy submitted pursuant to 
        subsection (a); and
            (2) an assessment of the effectiveness of such strategy, as 
        of the date of the submission of the update.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) 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
                    (B) the Committee on Foreign Relations, the 
                Committee on Appropriations, and the Committee on 
                Banking, Housing, and Urban Affairs of the Senate.
            (2) Armed group.--The term ``armed group'' means an armed 
        state or non-state actor that is identified as a perpetrator of 
        serious human rights abuses in the Department of State's annual 
        Country Reports on Human Rights Practices.
            (3) Critical mineral.--The term ``critical mineral'' has 
        the meaning given that term in section 7002(a) of the Energy 
        Act of 2020 (30 U.S.C. 1606(a)).
            (4) Prc-linked entity.--The term ``PRC-linked entity'' 
        means a foreign entity that--
                    (A) is subject to the jurisdiction or direction of 
                the PRC;
                    (B) is legally registered or internationally 
                headquartered in the PRC;
                    (C) is directly operating on behalf of the PRC;
                    (D) is majority owned by, or directly or indirectly 
                controlled by, the PRC;
                    (E) is formed from a spin-off, merger or 
                acquisition, or sale of a business unit involving an 
                entity described in any of subparagraphs (A) through 
                (D) or is otherwise a successor to such an entity; or
                    (F) provides financial services for an entity 
                described in any of subparagraphs (A) through (E).
            (5) Partner country.--The term ``partner country'' means 
        any country that is not defined as a ``Foreign Country of 
        Concern'' under section 231.102 of title 15, Code of Federal 
        Regulations, or any successor regulation.
                                 <all>