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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2125 Enrolled Bill (ENR)]

        S.2125

                       One Hundred Ninth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six

                                 An Act

 
To promote relief, security, and democracy in the Democratic Republic of 
                               the Congo.

    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 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;
        (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
        (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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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