118 HR 8310 IH: Bipartisan Building Relationships and Increasing Democratic Governance through Engagement to DRC Act of 2024
U.S. House of Representatives
2024-05-08
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I
118th CONGRESS
2d Session
H. R. 8310
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.
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”.
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 Démocratiques 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).
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.
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.
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.
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.
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.