PUBLIC LAW 109–456—DEC. 22, 2006

DEMOCRATIC REPUBLIC OF THE CONGO

RELIEF, SECURITY, AND DEMOCRACY

PROMOTION ACT OF 2006

120 STAT. 3384 PUBLIC LAW 109–456—DEC. 22, 2006

Public Law 109–456

109th Congress

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

22 USC 2151

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Democratic

Republic of the

Congo Relief,

Security, and

Democracy

Promotion Act of

2006.

22 USC 2151

note.

Dec. 22, 2006

[S. 2125]

PUBLIC LAW 109–456—DEC. 22, 2006 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. 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

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120 STAT. 3386 PUBLIC LAW 109–456—DEC. 22, 2006

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

PUBLIC LAW 109–456—DEC. 22, 2006 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. 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

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120 STAT. 3388 PUBLIC LAW 109–456—DEC. 22, 2006

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.

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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

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President.

Deadline.

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120 STAT. 3390 PUBLIC LAW 109–456—DEC. 22, 2006

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

President.

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PUBLIC LAW 109–456—DEC. 22, 2006 120 STAT. 3391

LEGISLATIVE HISTORY—S. 2125:

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.

Æ

described in subsection (a) when future funding decisions are considered.

Approved December 22, 2006.