[Congressional Record (Bound Edition), Volume 152 (2006), Part 10]
[Senate]
[Pages 13513-13516]
[From the U.S. Government Publishing Office, www.gpo.gov]




   DEMOCRATIC REPUBLIC OF THE CONGO RELIEF, SECURITY, AND DEMOCRACY 
                         PROMOTION ACT OF 2005

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 442, S. 2125.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2125) to promote relief, security, and democracy 
     in the Democratic Republic of the Congo.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. Mr. President, I understand that Senator Obama has an 
amendment at the desk. I ask unanimous consent that it be considered 
and agreed to, the bill, as amended, be read the third time and passed, 
the motion to reconsider be laid upon the table, and that any 
statements relating thereto be printed in the Record as if read, 
without intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4545) was agreed to, as follows:
       On page 1, line 6, strike ``2005'' and insert ``2006''.
       On page 3, beginning on line 7, strike ``promoting 
     security, peace, and prosperity in the'' and insert ``a 
     secure, peaceful, and prosperous''.
       Beginning on page 4, strike line 19 and all that follows 
     through page 5, line 18, and insert the following:
       (9) According to the 2005 Department of State report on 
     human rights practices in the Democratic Republic of the 
     Congo, ``In all areas of the country, the human rights record 
     remained poor, and numerous serious abuses were committed; 
     however, there were some improvements during the year.''.
       On page 6, beginning on line 4, strike ``fair and 
     democratic elections within the timeframe provided by the Sun 
     City Peace Accords'' and insert ``that the elections 
     scheduled to be held on July 30, 2006, and future elections 
     in the Democratic Republic of the Congo are carried out in a 
     fair and democratic manner''.
       On page 6, line 23, insert ``through the provision of 
     necessary equipment and training'' after ``establish''.
       On page 7, line 15, insert ``and other illegally armed 
     groups'' before the semicolon at the end.

[[Page 13514]]

       On page 12, beginning on line 7, strike ``2005 (division D 
     of the Consolidated Appropriations Act, 2005; Public Law 108-
     447; 118 Stat. 3015)'' and insert ``2006 (Public Law 109-102; 
     119 Stat. 2218)''.
       On page 14, line 20, strike ``60'' and insert ``180''.
       On page 15, after section (b) insert:
       (c) Eligibility of Department of State Employees.--The 
     individual designated to serve as the Special Envoy may be an 
     employee of the Department of State with the rank of Deputy 
     Assistant Secretary or higher.
       On page 16, line 9, strike ``In General.--''.
       On page 19, strike lines 3 through 11.
       On page 20, strike lines 3 through 15 and insert the 
     following:
       (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 in section 102, 
     the President shall consider withdrawing United States 
     support for the assistance described in subsection (a) when 
     future funding decisions are considered.

  The bill (S. 2125), as amended, was ordered to be engrossed for a 
third reading, read the third time, and passed, as follows:

                                S. 2125

       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 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 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) 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 6 
     years because of the conflict in the Democratic Republic of 
     the Congo and resulting disintegration of the social service 
     infrastructure and that ``improving and maintaining security 
     and increasing simple, proven and cost-effective 
     interventions such as basic medical care, immunizations and 
     clean water would save hundreds of thousands of lives in the 
     Congo. There's no shortage of evidence. It's sustained 
     compassion and political will that's lacking.''
       (6) The International Crisis Group concluded, ``The 
     conflict in the Democratic Republic of the Congo remains one 
     of the deadliest conflicts since World War II and has 
     resulted in the loss of nearly 4 million lives since 1998.... 
     The international community, and the United Nations Security 
     Council in particular, must take strong and urgent action to 
     support the transition, establish a national army and secure 
     lasting peace in the Democratic Republic of the Congo, if it 
     is to live up to its responsibility to protect those in 
     need.''
       (7) 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''.
       (8) According to the 2005 Department of State report on 
     human rights practices in the Democratic Republic of the 
     Congo, ``In all areas of the country, the human rights record 
     remained poor, and numerous serious abuses were committed; 
     however, there were some improvements during the year.''.

     SEC. 102. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to 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 to 
     move forward with approval of an electoral law and put in 
     place mechanisms, including national and international 
     election observers, fair and transparent voter registration 
     procedures, and a significant civic awareness and public 
     education campaign, to ensure that the elections scheduled to 
     be held on July 30, 2006, and future elections in the 
     Democratic Republic of the Congo are carried out in a fair 
     and democratic manner;
       (2) to 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, and combating 
     corruption;
       (3) to assist the Government of the Democratic Republic of 
     the Congo in meeting the basic needs of its citizens, 
     including security, safety, and access to health care, 
     education, food, shelter, and clean drinking water;
       (4) to engage in security sector reform by helping the 
     Government of the Democratic Republic of the Congo establish 
     through the provision of necessary equipment and training 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, including by contributing to the 
     provision of necessary equipment and training;
       (5) to expedite planning and implementation of programs 
     associated with the disarmament, demobilization, 
     repatriation, reintegration, and rehabilitation process in 
     the Democratic Republic of the Congo;
       (6) 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;
       (7) 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 misuse the 
     country's natural resources for personal gain; 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;
       (8) 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;
       (9) to 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;
       (10) to 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 financial support measures, 
     including psycho-social programs, counseling, and HIV/AIDS 
     testing and treatment, and providing financial support;
       (11) 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;
       (12) to undertake steps that--
       (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 in the Democratic 
     Republic of the Congo of orphans from conflict and HIV/AIDS, 
     and work to establish a program of national support;
       (13) to engage with governments working to promote peace 
     and security throughout the Democratic Republic of the Congo 
     and

[[Page 13515]]

     hold accountable individuals, entities, and countries working 
     to destabilize the country; and
       (14) 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) Authorization of Appropriations.--
       (1) In general.--In addition to amounts otherwise available 
     for such purposes, including amounts from regional funds, 
     there is authorized to be appropriated $52,000,000 for fiscal 
     year 2006 for bilateral assistance programs in the Democratic 
     Republic of the Congo under 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.).
       (2) Availability of funds.--Amounts appropriated pursuant 
     to paragraph (1) are authorized to remain available until 
     expended.
       (b) Uses of Assistance.--Amounts appropriated pursuant to 
     subsection (a) shall be used to accomplish the policy 
     objectives in section 102.
       (c) Future Year Funding.--The Department of State should 
     submit budget requests in fiscal years 2007, 2008, and 2009 
     that contain increases in bilateral assistance for the 
     Democratic Republic of the Congo that are appropriate and 
     similar to the increase authorized under subsection (a) for 
     fiscal year 2006 if progress is being made, particularly 
     cooperation by the Government of the Democratic Republic of 
     the Congo, toward accomplishing the objectives in section 
     102.
       (d) Offsets.--Not later than 30 days after the date of the 
     enactment of this Act, the Secretary of State should consult 
     with the Chairmen and Ranking Members of the Committee on 
     Foreign Relations, the Committee on Appropriations, and the 
     Committee on the Budget of the Senate and the Committee on 
     International Relations, the Committee on Appropriations, and 
     the Committee on the Budget of the House of Representatives 
     to determine appropriate reductions in funding, especially 
     redundant or duplicative programs, to offset the increase in 
     funding authorized in subsection (a).
       (e) Uses of Security Assistance.--Security assistance that 
     is authorized to be appropriated under this section shall be 
     made available consistent with section 551 of the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2218) 
     and other provisions of law related to eligibility.
       (f) 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 this Act 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; and
       (2) 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 in 
     section 102, but this assistance cannot continue in 
     perpetuity.
       (b) Report on Progress.--
       (1) 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.
       (2) Content.--The report required under paragraph (1) shall 
     include--
       (A) a description of any major impediments that prevent the 
     accomplishment of the policy objectives described in section 
     102;
       (B) an evaluation of United States policies and foreign 
     assistance programs designed to accomplish such policy 
     objectives; and
       (C) recommendations for--
       (i) improving these policies and programs; and
       (ii) any additional bilateral or multilateral actions 
     necessary to promote peace and prosperity in the Democratic 
     Republic of the Congo.
       (c) Termination of Assistance.--The Secretary of State may 
     withhold assistance otherwise available under this Act if the 
     Secretary determines and reports to Congress 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. STRATEGY ON PROMOTING HUMANITARIAN RELIEF, 
                   SECURITY, AND DEMOCRACY IN THE DEMOCRATIC 
                   REPUBLIC OF THE CONGO.

       Not later than 180 days after the date of the enactment of 
     this Act, the President shall submit to the Committee on 
     Foreign Relations and the Committee on Appropriations of the 
     Senate and the Committee on International Relations and the 
     Committee on Appropriations of the House of Representatives a 
     report setting forth a strategy for achieving the policy 
     objectives described in section 102, including a description 
     of an effective mechanism for coordination of United States 
     Government efforts to implement this strategy.

     SEC. 106. SPECIAL ENVOY FOR THE GREAT LAKES REGION.

       (a) In General.--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 resolve the 
     instability and insecurity in Eastern Congo, which is the 
     result of multiple international and domestic factors, and to 
     enhance the regional harmonization of United States policies 
     and assistance programs.
       (b) Consultation.--In appointing the Special Envoy, the 
     President should consult with the Majority Leader and 
     Minority Leader of the Senate, the Speaker and Minority 
     Leader of the House of Representatives, and the Chairmen and 
     Ranking Members of the Committee on Foreign Relations of the 
     Senate and the Committee on International Relations of the 
     House of Representatives.
       (c) Eligibility of Department of State Employees.--The 
     individual designated to serve as the Special Envoy may be an 
     employee of the Department of State with the rank of Deputy 
     Assistant Secretary or higher.

     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 shall 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 urging, 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 ensure that appropriate guidelines, codes of 
     conduct, and programs for the prevention of sexual abuse and 
     trafficking in persons are undertaken by the United Nations;
       (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 support efforts surrounding national elections and the 
     referendum on the constitution, and to 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
       (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

[[Page 13516]]

     create widespread instability throughout the country.

     SEC. 202. INCREASING CONTRIBUTIONS AND OTHER HUMANITARIAN AND 
                   DEVELOPMENT ASSISTANCE THROUGH INTERNATIONAL 
                   ORGANIZATIONS.

       (a) In General.--The President shall 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, international financial institutions, 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 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 in section 102, 
     the President shall consider withdrawing United States 
     support for the assistance described in subsection (a) when 
     future funding decisions are considered.

                          ____________________