[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8310 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8310
To require strategies on United States policy towards the Democratic
Republic of the Congo, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 8, 2024
Mr. James (for himself and Mr. Jackson of Illinois) introduced the
following bill; which was referred to the Committee on Foreign Affairs,
and in addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To require strategies on United States policy towards the Democratic
Republic of the Congo, and for other purposes.
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 ``Bipartisan Building Relationships
and Increasing Democratic Governance through Engagement to DRC Act of
2024'' or the ``Bipartisan BRIDGE to DRC Act of 2024''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States recognized the Democratic Republic of
the Congo (hereafter referred to as ``the DRC'') on June 30,
1960.
(2) The DRC has long suffered from armed conflicts and
threats to its territorial integrity, including by the March 23
Movement (hereafter referred to as ``M23''), ISIS-DRC, also
known as the Allied Democratic Forces, and the Forces
Democratiques de Liberation du Rwanda (hereafter referred to as
``FDLR'').
(3) Political stability in the DRC is crucial to economic
growth and development in the country. The DRC's instability is
further exacerbated by impunity, endemic corruption,
exploitation of its natural resources, armed conflict, and
human rights abuses.
(4) The DRC held presidential, legislative, provincial, and
municipal council elections in December 2023, that were marred
by irregularities, logistical difficulties and delays.
(5) The United Nations Stabilization Mission in the
Democratic Republic of the Congo (hereafter referred to as
``MONUSCO''), first deployed in 1999, is scheduled to draw
down.
(6) Regional mechanisms have been unable to sufficiently
address the longstanding insecurity.
(7) The DRC has globally significant reserves of cobalt and
other critical minerals, including lithium, tantalum, and rare
earth elements such as niobium and germanium, among others.
(8) The DRC is the world's largest producer and exporter of
cobalt and, as of mid-2023, the world's second largest producer
of copper.
(9) As of 2021, 15 of the 19 cobalt producing mines in the
DRC are owned or in part financed by the People's Republic of
China (hereafter referred to as ``PRC'') based firms.
(10) In 2016, one of the largest copper and cobalt mines in
the world, Tenke Fungurume, and in 2020, the undeveloped
Kisanfu concession were sold by a United States company to the
PRC state-tied mining company CMOC (previously known as China
Molybdenum Company Limited).
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the stability of the Democratic Republic of the Congo
is a strategic priority for the people of the DRC, the
continent of Africa, and the United States, and it is in the
economic and national security interest of the United States to
support accountable, inclusive, and democratic governance in
the Democratic Republic of Congo;
(2) it is in the United States interest to support
additional efforts to end conflicts in eastern DRC, including
by seeking to end the Rwandan Government's support to the M23,
the DRC Government's support to the FDLR, the documented use of
child soldiers by armed groups, and the threat posed to the
Congolese people from undisciplined elements of the armed
forces of the DRC and non-state armed groups;
(3) United States humanitarian assistance remains critical
in providing millions of people in the DRC with life-saving aid
and alleviating the suffering of people affected by disasters;
(4) the United States should use its voice, vote, and
influence in the United Nations to ensure that the withdrawal
of MONUSCO from the DRC does not create a security vacuum that
amplifies the armed conflict and humanitarian crisis in eastern
DRC;
(5) the United States should identify policy reforms that
would support the aspirations of the DRC Government to become
eligible for a Millenium Challenge Corporation threshold
program;
(6) the United States should build on the Africa Gold
Advisory issued in June 2023 and encourage enterprises active
in the mineral supply chain of gold produced in the Democratic
Republic of the Congo, notably Primera Gold DRC and AuricHub,
to ensure that their sourcing practices are in full compliance
with national, regional, and international requirements and
standards and benefit the Congolese people;
(7) the United States should work to ensure enforcement of
voluntary and mandatory due diligence mechanisms and safeguards
to protect internationally recognized worker rights, support
multi stakeholder alliances and industry coalitions, and pursue
actions to end human rights violations, environmental
degradation, and opaque businesses practices in the DRC's
mining sector, and especially in regard to artisanal mining,
the United States should assist and work to ensure that forced
labor, including child labor, and other human rights abuses are
not practiced; and
(8) the current dominant role of the PRC over the
extraction, processing and refining of the DRC's cobalt and
certain other critical minerals, coupled with poor governance
and illegal exploitation of critical minerals, deprives the DRC
of important revenue and added value and has contributed to the
lack of adherence to governance, human rights principles, and
labor and environmental standards.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) support efforts to address conflict and instability in
the DRC, including to urge armed actors to comply with their
obligations to protect civilians under international
humanitarian law and to respect international human rights;
(2) use existing sanctions authorities including the Global
Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et
seq.), Executive Order 13413 as amended by Executive Order
13671, and Executive Order 13224 as amended against those
perpetrating corruption or human rights violations in the DRC;
(3) condemn all actions that suppress press freedom and to
reaffirm to the Government of the DRC the centrality of press
freedom to efforts of the United States Government to support
democracy, mitigate conflict, and promote good governance;
(4) ensure that critical minerals are produced, processed,
and recycled in a manner that supports the ability of countries
to realize the full economic development benefit of their
geological endowments and that respects human rights as well as
environmental, social, labor, and governance standards;
(5) support efforts to accurately oversee, monitor, and
prevent labor and human rights abuses in the DRC's mining
industry in order to remove child and forced labor, which
occurs in some artisanal mining, from United States and global
supply chains, including by encouraging the Government of the
DRC to support business and technological skills-training and
other capacity-building measures, including legal reforms, to
help build the legitimate, responsible, conflict-free,
productive and income-generating capacity of the artisanal and
small-scale mining sector;
(6) engage with the Government of the DRC to address
factors, including opaque business and taxation practices, and
unpredictable administrative requirements, that limit United
States investment and constrain the ability of the United
States and the DRC to strengthen economic cooperation;
(7) encourage Federal departments and agencies including
the Department of State, the United States Agency for
International Development, the United States Development
Finance Corporation, the Export-Import Bank of the United
States, the United States Trade and Development Agency, and the
Department of Commerce to identify opportunities to increase
the amount of United States investment in the DRC's critical
minerals sector; and
(8) recognize that the PRC's influence over the DRC's
mining sector output and processing is harmful to the Congolese
people, in particular the predatory and opaque business tactics
and labor rights violations of PRC-linked entities.
SEC. 5. STRATEGY ON DEMOCRACY, PEACE, AND STABILITY IN THE DRC.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the President, in consultation with the
Secretary of State, the Secretary of Defense, and the Administrator of
the United States Agency for International Development, shall submit to
the appropriate congressional committees a strategy to promote
democracy, peace, and stability in the DRC. Such strategy shall include
the following--
(1) a long-term plan for the United States to support and
promote democracy and good governance in the DRC, including--
(A) identifying specific failures in the National
Independent Electoral Commission's 2023 election
planning that contributed to the pre-election voter
roll issues and logistical delays in distributing
ballot materials and the election day irregularities
regarding polling station openings and voting machine
performance, to ensure that future elections are free
and fair; and
(B) identifying necessary reforms to government
institutions to address corruption, promote human
rights, and increase transparency and accountability;
(2) a plan to address conflict and instability in eastern
DRC, including support for--
(A) plans to promote more transparent coordination
among various state security actors;
(B) a vetting mechanism to remove abusive officers
from command positions in the state security forces;
(C) an effective Disarmament, Demobilization, and
Reintegration (DDR) program for former combatants;
(D) encouraging greater protection of civilians and
human rights;
(E) truth and reconciliation processes to address
grievances of parties to the conflict; and
(F) preventing and addressing human rights abuses
by all parties; and
(G) an inclusive and holistic approach to justice
and accountability for perpetrators of human rights
violations and atrocities.
(b) Form.--The strategy required under subsection (a) shall be
submitted in unclassified form and may include a classified annex.
(c) Updates.--Not later than 3 years after the submission of the
initial strategy required by subsection (a), and every 3 years
thereafter for 12 years, the President shall submit to the appropriate
congressional committees a report that includes--
(1) an update of the strategy submitted pursuant to
subsection (a); and
(2) an assessment of the effectiveness of such strategy, as
of the date of the submission of the update.
SEC. 6. NATIONAL STRATEGY ON THE DRC'S CRITICAL MINERAL SECTOR.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the President, in consultation with the
Secretary of State, the Administrator of the United States Agency for
International Development, and the heads of other appropriate Federal
departments and agencies, shall submit to the appropriate congressional
committees a written strategy to support efforts by the DRC to ensure
critical minerals are produced, processed, and recycled in a manner
that--
(1) supports the ability of the people of the DRC to
realize the full economic development benefit of their
geological endowments; and
(2) adheres to the highest human rights as well as
environmental, social, labor, and governance standards.
(b) Elements.--The strategy required by subsection (a) shall also
include the following:
(1) An analysis of the level of control exerted by the PRC
over the DRC's mining sector, including--
(A) the market share of PRC-linked entities in the
DRC's mining sector, to include analysis of the market
share for each of the critical minerals identified as
part of the United States Geological Survey list of 50
mineral commodities critical to the United States
economy and national security and being at the highest
risk of supply chain disruption in both the DRC as a
whole and within each province where the critical
minerals are located; and
(B) the financial terms of PRC-linked entities
investments in primary extraction.
(2) An assessment of human rights and labor conditions at
PRC-owned mines in the DRC compared to those owned by partner
countries.
(3) An assessment of the market share and capacity of
partner country mining companies with respect to the DRC's
mining sector.
(4) An assessment of illicit mining deals, critical mineral
theft, and corruption in resource rich areas of the DRC.
(5) A plan to facilitate consultation with Congolese civil
society and community leaders to develop a comprehensive and
holistic strategy to achieve the goals in subsection (a).
(6) A strategic plan to use bilateral and multilateral
diplomatic relations, including through sustained engagement
with the governments of United States allies and partners, to
express to the Government of the DRC that the international
community supports business and technological skills-training
and other capacity-building measures, including legal reforms,
to help build the legitimate, responsible, and conflict-free
productive and income-generating capacities of the artisanal
and small-scale mining sector to the benefit of the Congolese
people.
(7) A plan to ensure the issuance of due diligence
reporting requirements for private sector entities engaged in
the sector in the DRC.
(8) An interagency plan to increase United States
investment in the DRC, including through--
(A) providing foreign assistance to consult with
and promote sustainable development in communities
affected by mining, protect human rights, and provide
professional training for local workers;
(B) providing technical assistance to support the
Government of the DRC's efforts to improve the business
climate of the DRC; and
(C) ensuring sufficient staffing of the United
States Embassy in Kinshasa to support the critical
minerals portfolio, including by establishing a
permanent presence of Foreign Commercial Service
Officers to provide commercial services and export
assistance to United States companies seeking to do
business in the DRC.
(c) Form.--The strategy required under subsection (a) shall be
submitted in unclassified form and may include a classified annex.
(d) Updates.--Not later than 3 years after the submission of the
initial strategy required by subsection (a), and every 3 years
thereafter for 12 years, the President shall submit to the appropriate
congressional committees a report that includes--
(1) an update of the strategy submitted pursuant to
subsection (a); and
(2) an assessment of the effectiveness of such strategy, as
of the date of the submission of the update.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Appropriations, the Committee on Financial Services,
and the Committee on Ways and Means of the House of
Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Appropriations, and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(2) Armed group.--The term ``armed group'' means an armed
state or non-state actor that is identified as a perpetrator of
serious human rights abuses in the Department of State's annual
Country Reports on Human Rights Practices.
(3) Critical mineral.--The term ``critical mineral'' has
the meaning given that term in section 7002(a) of the Energy
Act of 2020 (30 U.S.C. 1606(a)).
(4) Prc-linked entity.--The term ``PRC-linked entity''
means a foreign entity that--
(A) is subject to the jurisdiction or direction of
the PRC;
(B) is legally registered or internationally
headquartered in the PRC;
(C) is directly operating on behalf of the PRC;
(D) is majority owned by, or directly or indirectly
controlled by, the PRC;
(E) is formed from a spin-off, merger or
acquisition, or sale of a business unit involving an
entity described in any of subparagraphs (A) through
(D) or is otherwise a successor to such an entity; or
(F) provides financial services for an entity
described in any of subparagraphs (A) through (E).
(5) Partner country.--The term ``partner country'' means
any country that is not defined as a ``Foreign Country of
Concern'' under section 231.102 of title 15, Code of Federal
Regulations, or any successor regulation.
<all>
Bipartisan BRIDGE to DRC Act of 2024
#8310 | HR Congress #118
Policy Area: International Affairs
Subjects: AfricaAsiaChinaCongressional oversightCongressional-executive branch relationsDemocratic Republic of the CongoDiplomacy, foreign officials, Americans abroadForeign aid and international reliefHuman rightsLabor standardsMetalsMiningSovereignty, recognition, national governance and statusU.S. and foreign investments
Last Action: Ordered to be Reported (Amended) by Voice Vote. (5/16/2024)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text