[Congressional Record Volume 152, Number 135 (Friday, December 8, 2006)]
[Senate]
[Pages S11836-S11838]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   DEMOCRATIC REPUBLIC OF THE CONGO RELIEF, SECURITY, AND DEMOCRACY 
                         PROMOTION ACT OF 2006

  Mr. FRIST. Mr President, I ask the Chair lay before the Senate a 
message from the House of Representatives on the bill (S. 2125) to 
promote relief, security, and democracy in the Democratic Republic of 
the Congo.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

                                S. 2125

       Resolved, That the bill from the Senate (S. 2125) entitled 
     ``An Act to promote relief, security, and democracy in the 
     Democratic Republic of the Congo'', do pass with the 
     following amendment:
       Strike out all after the enacting clause and insert:

     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 the 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) The most recent war in the Democratic Republic of the 
     Congo, which erupted in 1998, spawned some of the world's 
     worst human rights atrocities and drew in six neighboring 
     countries.
       (6) Despite the conclusion of a peace agreement and 
     subsequent withdrawal of foreign forces in 2003, both the 
     real and perceived presence of armed groups hostile to the 
     Governments of Uganda, Rwanda, and Burundi continue to serve 
     as a major source of regional instability and an apparent 
     pretext for continued interference in the Democratic Republic 
     of the Congo by its neighbors.
       (7) 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 
     six years because of the conflict in the Democratic Republic 
     of the Congo and resulting disintegration of the social 
     service infrastructure, making this one of the deadliest 
     conflicts since World War II.
       (8) In 2004, Amnesty International estimated that at least 
     40,000 women and girls were systematically raped and tortured 
     in the Democratic Republic of the Congo since 1998, and 
     nearly two-thirds of ongoing abuses against women and girls 
     are perpetrated by members of the security forces, 
     particularly the Forces Armes de la Republique Democratique 
     du Congo (FARDC) and the Police Nationale Congolaise (PNC).
       (9) 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''.

     SEC. 102. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to help 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 and the succeeding government to implement fully 
     and to institutionalize mechanisms, including national and 
     international election observers, fair and transparent voter 
     registration procedures, and a significant civic awareness 
     and public education campaign created for the July 30, 2006, 
     elections and future elections in the Democratic Republic of 
     the Congo, to ensure that elections are carried out in a fair 
     and democratic manner;
       (2) to urge the Government of the Democratic Republic of 
     the Congo to recognize and act upon its responsibilities to 
     immediately bring discipline to its security forces, hold 
     those individuals responsible for atrocities and other human 
     rights violations, particularly the rape of women and girls 
     as an act of war, accountable and bring such individuals to 
     justice;
       (3) to help 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, combating 
     corruption, instituting economic reforms to promote 
     development, and creating an environment to promote private 
     investment;
       (4) to assist the Government of the Democratic Republic of 
     the Congo as it seeks to meet the basic needs of its 
     citizens, including security, safety, and access to health 
     care, education, food, shelter, and clean drinking water;
       (5) to support security sector reform by assisting the 
     Government of the Democratic Republic of the Congo to 
     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, provided the 
     Democratic Republic of the Congo meets all requirements for 
     United States military assistance under existing law;
       (6) to help expedite planning and implementation of 
     programs associated with the disarmament, demobilization, 
     repatriation, reintegration, and rehabilitation process in 
     the Democratic Republic of the Congo;
       (7) 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;

[[Page S11837]]

       (8) to make all efforts 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 illegally exploit 
     the country's natural resources; 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;
       (9) 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;
       (10) to help 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;
       (11) to help 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 psycho-social support 
     programs;
       (12) 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;
       (13) to assist the Government of the Democratic Republic of 
     the Congo as undertakes steps to--
       (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 of orphans from 
     conflict and HIV/AIDS in the Democratic Republic of the 
     Congo, and work to establish a program of national support;
       (14) 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
       (15) 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) Funding for Fiscal Years 2006 and 2007.--Of the amounts 
     made available to carry out 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.) for fiscal year 2006 and 2007, at least $52,000,000 for 
     each such fiscal year should be allocated for bilateral 
     assistance programs in the Democratic Republic of the Congo.
       (b) Future Year Funding.--It is the sense of Congress that 
     the Department of State should submit budget requests in 
     fiscal years 2008 and 2009 that contain increases in 
     bilateral assistance for the Democratic Republic of the Congo 
     that are appropriate if progress is being made, particularly 
     cooperation by the Government of the Democratic Republic of 
     the Congo, toward accomplishing the policy objectives 
     described in section 102.
       (c) 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 section 102 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;
       (2) the Government of the Democratic Republic of the Congo 
     should immediately exercise control over and discipline its 
     armed forces, stop the mass rapes at the hands of its armed 
     forces, and hold those responsible for these acts accountable 
     before an appropriate tribunal;
       (3) the Government of the Democratic Republic of the Congo, 
     in collaboration with international aid agencies, should 
     establish expert teams to assess the needs of the victims of 
     rape and provide health, counseling, and social support 
     services that such victims need; and
       (4) 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 
     described in section 102, but this assistance cannot continue 
     in perpetuity.
       (b) Termination of Assistance.--It is the sense of Congress 
     that the Secretary of State should withhold assistance 
     otherwise available under this Act if the Secretary 
     determines 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. WITHHOLDING OF ASSISTANCE.

       The Secretary of State is authorized to withhold assistance 
     made available under the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151 et seq.), other than humanitarian, peacekeeping, 
     and counterterrorism assistance, for a foreign country if the 
     Secretary determines that the government of the foreign 
     country is taking actions to destabilize the Democratic 
     Republic of the Congo.

     SEC. 106. REPORT ON PROGRESS TOWARD ACCOMPLISHING POLICY 
                   OBJECTIVES.

       (a) 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.
       (b) Contents.--The report required under subsection (a) 
     shall include--
       (1) a description of any major impediments that prevent the 
     accomplishment of the policy objectives described in section 
     102, including any destabilizing activities undertaken in the 
     Democratic Republic of Congo by governments of neighboring 
     countries;
       (2) an evaluation of United States policies and foreign 
     assistance programs designed to accomplish such policy 
     objectives; and
       (3) recommendations for--
       (A) improving the policies and programs referred to in 
     paragraph (2); and
       (B) any additional bilateral or multilateral actions 
     necessary to promote peace and prosperity in the Democratic 
     Republic of the Congo.

     SEC. 107. SPECIAL ENVOY FOR THE GREAT LAKES REGION.

       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 help coordinate efforts to resolve 
     the instability and insecurity in Eastern Congo.

     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 should 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 continuing to urge, 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 conclude at the earliest possible date a Memorandum 
     of Understanding relating to binding codes of conduct and 
     programs for the prevention of sexual abuse and trafficking 
     in persons to be undertaken by the United Nations for all 
     countries that contribute troops to MONUC, to include the 
     assumption of personal liability for the provision of victims 
     assistance and child support, as appropriate, by those who 
     violate the codes of conduct;
       (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 effectively 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

[[Page S11838]]

       (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 should 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, 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 policy 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 described in 
     section 102, the President shall consider withdrawing United 
     States support for the assistance described in subsection (a) 
     when future funding decisions are considered.

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
concur in the House amendment and the motion to reconsider be laid upon 
the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________