[Congressional Record Volume 164, Number 186 (Tuesday, November 27, 2018)]
[House]
[Pages H9597-H9600]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEMOCRATIC REPUBLIC OF THE CONGO DEMOCRACY AND ACCOUNTABILITY ACT OF
2018
Mr. ROYCE of California. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 6207) to support democracy and accountability in
the Democratic Republic of the Congo, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows
H.R. 6207
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;
[[Page H9598]]
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Royce) and the gentleman from New York (Mr. Engel) each
will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. ROYCE of California. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days to revise and extend their
remarks and to include extraneous material on this bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. ROYCE of California. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I rise in support of this bill. This is the Democratic
Republic of the Congo Democracy and Accountability Act.
Mr. Speaker, I would begin by thanking Congressman Smith and
Congresswoman Karen Bass, they are the chairman and ranking member of
the Africa Subcommittee, and I thank the ranking member of this
committee, Mr. Engel, for their work on this bipartisan legislation.
Long overdue elections in the Democratic Republic of the Congo are
scheduled now for December 23, 2018. But we all know that simply
holding elections is not enough.
President Kabila already has remained in power 2 years past his
constitutional mandate. And while I am pleased that he will reportedly
step aside, the corruption of the Kabila government runs much deeper
than just the presidency. Government officials and security forces
continue to use their positions of power to undermine the election and
to stoke instability in the country.
Peaceful protests have been met with violence, with mass arrests.
They have even been met with torture. New reports of abuse and
intimidation against journalists and against activists by government
forces emerge now every day.
Meanwhile, arbitrary legal impediments have barred prominent
opposition candidates from running. The government insists on using
untested and confusing voting machines, leaving the election vulnerable
to vote manipulation and to rigging.
Throughout all of this, the government continues to boycott
international efforts to support election preparations and to increase
humanitarian assistance, and continues to deny, in the face of serious
and mounting evidence, that there is a problem.
I have been on three trips to the Congo over this issue over the
years. The people of the Congo are suffering and the humanitarian
situation is dire. Over 4 million Congolese are internally displaced.
More than 13 million people are in urgent need of humanitarian
assistance, including 7 million facing acute food insecurity. And
another Ebola outbreak is threatening the lives of thousands.
We know that government security forces are responsible for horrific
human rights abuses and for provoking instability across the DRC. Just
last year, two researchers were killed investigating human rights
abuses in the country. One of these researchers was an American. The
government continues to block efforts to fully investigate and hold
individuals accountable. This cannot stand.
The U.S. must be fully engaged in support of the Congolese people and
their struggle to freely choose their next leader. This legislation we
are considering today is a call to action. It requires a determination
on individuals responsible for undermining peace and security, impeding
the democratic process, committing human rights violations, and
engaging in corruption so
[[Page H9599]]
that they can be sanctioned. It calls for a focus on those that are
blocking the democratic process.
Mr. Speaker, we have seen this sad situation before in the DRC. We
have seen instability and conflict spill into neighboring countries and
undermine the entire region. We cannot let this cycle continue. A
failed election in December would surely inflame the violence. This is
why we must take decisive action to hold individuals accountable and
ensure free and fair elections this December.
Mr. Speaker, I urge my colleagues to support this measure.
Mr. Speaker, I yield the balance of my time to the gentleman from New
Jersey (Mr. Smith), and I ask unanimous consent that he may control
that time.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. SMITH of New Jersey. Mr. Speaker, I reserve the balance of my
time.
Mr. ENGEL. Mr. Speaker, I rise in support of this measure.
Mr. Speaker, I yield 3 minutes to the gentlewoman from California
(Ms. Bass), the lead Democrat on this bill and the ranking member of
the Africa Subcommittee.
Ms. BASS. Mr. Speaker, I rise today to strongly support H.R. 6207,
the Democratic Republic of the Congo Democracy and Accountability Act
of 2018.
I am proud to be a cosponsor of this important piece of legislation
that seeks to promote free and fair elections in the DRC by imposing
sanctions on high level individuals who are undermining democratic
processes and institutions in the country as well as those who are
responsible for extrajudicial killings and have engaged in public
corruption.
The DRC has the potential to be one of the richest countries on
Earth. It has abundant deposits of copper, gold, diamonds, cobalt, and
many other minerals. The Congo River is the second largest river in the
world and the most powerful river in Africa, making way for enormous
potential to generate hydroelectric power, and some scientists say it
could provide enough power for all of sub-Saharan Africa's electricity
needs. DRC also has great agricultural potential, with its 80 million
hectares of arable land, climate conditions, and water resources.
This country has all the conditions to thrive and flourish, but it
has not. Instead, continued delays in holding elections have increased
tensions and unrest. Ongoing conflict in many parts of the country has
resulted in hundreds of thousands of internally displaced persons and
refugees. The country is in a human rights crisis, and on top of all of
this, the DRC is suffering from an Ebola outbreak. The humanitarian
crisis in the DRC has been exacerbated by the political crisis over
elections.
With respect to the ongoing political situation, the current crisis
in the DRC started in 2015 when President Kabila, who is
constitutionally barred from reelection, deliberately stalled planned
elections. President Kabila remained in post, although his second
constitutional term ended in 2016.
Since then, the political situation has steadily declined. The
Congolese government and security forces have cracked down on anti-
government mobilization through excessive use of force on peaceful
protesters, shut down media outlets, and targeted arrests of activists.
In August 2018, President Kabila finally said he would uphold the
constitution and not stand for a third term. Even with this
announcement, the pre-electoral environment remains tense and unsafe
for activists, journalists, political opposition, and religious
leaders.
Additionally, according to Human Rights Watch and Amnesty
International, just this month the government made a new round of
arrests of pro-democracy activists ahead of presidential elections
scheduled for December 23. This heavy-handed display of police and
government security forces ahead of the long-awaited presidential
election undermines and threatens people's ability to freely
participate in the electoral process.
The government must immediately release all people arbitrarily
detained for peacefully protesting, including the numerous pro-
democracy activists, political opposition leaders, and journalists.
Finally, the government must investigate and hold to account those
responsible for human rights violations, including arbitrary arrests
and detention, torture, and other serious abuses.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. ENGEL. Mr. Speaker, I yield an additional 1 minute to the
gentlewoman from California (Ms. Bass).
Ms. BASS. Mr. Speaker, this legislation is extremely important for
addressing conditions in the DRC, but it is also important for sending
a message to the world that the United States has not retreated from
its commitment to protect human rights and advance democracy around the
world.
The late former U.N. Secretary General, Kofi Annan, and nine former
African presidents said Congo's future ``is in grave danger.''
``We are deeply concerned about the political situation in the
Democratic Republic of Congo [DRC], which represents a threat to the
stability, prosperity and peace of the Great Lakes region. . . .''
Mr. Speaker, the situation in the DRC is deteriorating as we speak.
It is time we act.
Following a call from the region, please join my colleagues Chris
Smith, Chairman Ed Royce, and Ranking Member Eliot Engel, and I, and
support this bill that supports human rights, democracy, and
accountability in the Democratic Republic of the Congo.
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I
may consume.
I urge my colleagues to support the Democratic Republic of the Congo
Democracy and Accountability Act of 2018.
Mr. Speaker, I want to thank Chairman Royce and Ranking Member Engel
for their very strong support of this legislation and for their strong
statements today.
I think this is, again, another example of bipartisan legislation and
the House uniting over a very egregious situation that is occurring in
the DRC.
I would point out to my colleagues that I have visited the DRC
myself, been to Kinshasa, the capital, raised a number of human rights
issues when I was there.
But I also traveled to Goma, where there was terrible acts of
bloodshed committed by both the government troops. As well as those
that were combating the government, and even terrible acts by the
peacekeepers, the U.N. peacekeepers, some years ago, where they were
complicit in human trafficking, particularly of little children.
{time} 1745
In my subcommittee, I chaired four hearings on this horrible practice
of the peacekeepers themselves causing such violence against kids.
There is now a much better situation, but it is still awful, and,
again, we are now facing another serious crisis.
I would also point out to my colleagues that Karen Bass and I had a
trip planned to Kinshasa for August 24 and 25. We made part of that
trip where we went to Ethiopia, but we were denied visas. We could not
get visas to go to the DRC. We wanted to raise issues with Kabila,
himself, with regards to the election and human rights abuse. We were
denied that by not getting a visa.
This bill could not be more timely. Indeed, there is an urgent need
to focus attention on the DRC, a strategically located, resource-rich
country, which has been misgoverned for much of its history and again
is in crisis today.
The wonderful people of the DRC deserve better, far better than they
have gotten from the Kabila regime. Next month, just before Christmas,
the country is scheduled to vote to replace Joseph Kabila, who has
retained power in defiance of constitutional term limits for some 2
years beyond his mandate.
Right now, there is talk of further postponement of the election,
which would accord with Kabila's desire to postpone a transfer of power
for as long as possible. If such a delay occurs, it would be
attributable to the obstacles placed by the Kabila government to
holding a free and fair election.
[[Page H9600]]
This bill before us today shows congressional resolve that there be
accountability and codifies three executive orders by three Presidents:
President Bush, President Obama, and President Trump.
It points out that there needs to be significant progress towards
holding free and fair elections or else they will not be lifted, and it
does so for 7 years. We are talking about respecting fundamental
freedoms of the press, expression, and assembly, as described in the
December 2016 Saint Sylvestre agreement and in U.N. Security Council
Resolution 2348.
It also points out that there needs to be, in the legislation, a free
and fair Presidential election in accordance with the constitution of
the DRC and that a democratically elected President has been sworn in
and taken office.
It also supports the humanitarian and accountability efforts of civil
society groups pushing back against civil strife and political
repression. In particular, it acknowledges the role of the faith
community and the Catholic Church, which educates and heals the
Congolese people through its schools and hospitals, while upholding the
need for the rule of law and respect for constitutional principles in
the DRC.
Indeed, the Congolese Conference of Catholic Bishops, known as CENCO,
has played a singular role in promoting restoration of democracy and
respect for fundamental civil and political rights, including brokering
the December 2016 Saint Sylvestre agreement.
Mr. Speaker, this is a critical time for the DRC. We have an emerging
Ebola crisis in the eastern part of the country. I note that, over the
weekend, our Embassy in Kinshasa was forced to close due to ``credible
and specific'' terror threats. The Embassy will remain closed at least
until tomorrow because of those threats and perhaps even beyond that
date. We are hurtling towards a political inflection point within the
next month, which will either mark a turn towards proper constitutional
governance or a downward spiral towards growing chaos and bloodshed.
Mr. Speaker, I urge support for the bill, and I reserve the balance
of my time.
Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of the bill.
Mr. Speaker, I want to thank our staff members who made this bill
possible, particularly Lesley Warner of my staff. We traveled to the
Congo in 2016 with Chairman Royce and had very important meetings
there, frustrating but important meetings.
I am proud to be an original cosponsor of this measure.
The Democratic Republic of the Congo, or DRC, borders nine other
countries in sub-Saharan Africa, and positive or negative events there
often impact the entire region. This is why stability in the DRC is a
priority not for that country's people, but for many other countries,
including the United States. That is why Chairman Royce and I led a
codel there and why so many of our other members on the Foreign Affairs
Committee--Mr. Smith and Ms. Bass--have been there and have really
cared about the region.
For years, the DRC has been on the brink of crisis. More than 13
million people need humanitarian support, including 7.8 million
children. Across the country, violent conflicts have intensified,
including near the city of Beni, where health workers are battling a
deadly Ebola outbreak.
The current government, as my colleagues mentioned before, has shown
a concerning disregard for democracy and the country's constitution,
with troubling restrictions on freedom of expression and assembly and
disturbing reports of Congolese security forces violating the human
rights of peaceful protestors.
Next month, the DRC will hold elections, as my colleagues have
mentioned, that were supposed to be held back in December of 2016. It
is a critical time for the United States to show that we are committed
to the DRC having a peaceful political transition and moving toward
accountable, democratic governance.
The Democratic Republic of the Congo Democracy and Accountability
Act, this bill, asks the administration to continue providing robust
humanitarian and development assistance to the people of the DRC. It
also requires the President to submit a report to Congress detailing
the extent to which Congolese Government officials are involved in
human rights abuses against civilians and codifies previous executive
orders that target the property and interests of any persons
responsible for actions that threaten the stability of the DRC.
It is important that we continue leading the international community
to address the many challenges in the DRC. That is why this bill asks
the administration to keep the DRC on the U.N. Security Council agenda
and work to ensure the U.N. peacekeeping mission there has sufficient
means to operate effectively.
After decades of conflict and instability, the people of the
Democratic Republic of the Congo deserve a peaceful democratic
transition. By passing this bill today, we show that the House is
committed to supporting that process.
Mr. Speaker, it is in the national security interest of the United
States to support a peaceful political transition and accountable
governance in the DRC. With elections scheduled for next month, this
bill comes at a critical time.
Mr. Speaker, I urge all Members to join me in supporting this
important legislation, and I yield back the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, I thank the gentleman from New
York for his comments and for his strong support.
Mr. Speaker, this is a true bipartisan bill. Our fingers are crossed
for the people of the DRC. They deserve a free and fair election.
Whoever emerges as the winner hopefully will take them on a new course.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Royce) that the House suspend the rules
and pass the bill, H.R. 6207, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. SMITH of New Jersey. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________