[109th Congress Public Law 456]
[From the U.S. Government Printing Office]
[DOCID: f:publ456.109]
[[Page 3383]]
DEMOCRATIC REPUBLIC OF THE CONGO RELIEF, SECURITY, AND DEMOCRACY
PROMOTION ACT OF 2006
[[Page 120 STAT. 3384]]
Public Law 109-456
109th Congress
An Act
To promote relief, security, and democracy in the Democratic Republic of
the Congo. <<NOTE: Dec. 22, 2006 - [S. 2125]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Democratic
Republic of the Congo Relief, Security, and Democracy Promotion Act of
2006. 22 USC 2151 note.>>
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. <<NOTE: 22 USC 2151 note.>> 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
[[Page 120 STAT. 3385]]
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. <<NOTE: 22 USC 2151 note.>> 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
[[Page 120 STAT. 3386]]
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
[[Page 120 STAT. 3387]]
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. <<NOTE: 22 USC 2151 note.>> 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. <<NOTE: 22 USC 2151 note.>> 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
[[Page 120 STAT. 3388]]
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. <<NOTE: 22 USC 2151 note.>> 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. <<NOTE: 22 USC 2151 note.>> 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.
[[Page 120 STAT. 3389]]
SEC. 107. <<NOTE: President. Deadline. 22 USC 2151 note.>> 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. <<NOTE: 22 USC 2151 note.>> 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
[[Page 120 STAT. 3390]]
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. <<NOTE: 22 USC 2151 note.>> 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 <<NOTE: President.>> 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
[[Page 120 STAT. 3391]]
described in subsection (a) when future funding decisions are
considered.
Approved December 22, 2006.
LEGISLATIVE HISTORY--S. 2125:
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CONGRESSIONAL RECORD, Vol. 152 (2006):
June 29, considered and passed Senate.
Dec. 6, considered and passed House, amended.
Dec. 8, Senate concurred in House amendment.
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