Democratic Republic of the Congo Relief, Security, and Democracy Promotion Act of 2006
PL 109-456 (S.2125), enacted 12/22/2006

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 AD-
DRESSING 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 des-
perate 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 prin-
ciples, 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 pros-
perous 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
note.
Democratic
Republic of the
Congo Relief,
Security, and
Democracy
Promotion Act of
2006.
22 USC 2151
note.
Dec. 22, 2006
[S. 2125]
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120 STAT. 3385
PUBLIC LAW 109–456—DEC. 22, 2006
worst human rights atrocities and drew in six neighboring
countries.
(6) Despite the conclusion of a peace agreement and subse-
quent 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 contin-
ued 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 per-
petrated 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 re-
integration of former combatants, the return and reintegration
of refugees and [internally displaced persons], establishment
of central government control over vast territories, and pro-
motion 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 institu-
tionalize mechanisms, including national and international elec-
tion observers, fair and transparent voter registration proce-
dures, 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 develop-
ment, and creating an environment to promote private invest-
ment;
(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 estab-
lish a viable and professional national army and police force
that respects human rights and the rule of law, is under effec-
tive 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 assist-
ance under existing law;
(6) to help expedite planning and implementation of pro-
grams associated with the disarmament, demobilization, repa-
triation, reintegration, and rehabilitation process in the Demo-
cratic Republic of the Congo;
(7) to support efforts of the Government of the Democratic
Republic of the Congo, the United Nations Peacekeeping Mis-
sion in the Democratic Republic of the Congo (MONUC), and
other entities, as appropriate, to disarm, demobilize, and repa-
triate 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 Trans-
parency 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 non-
governmental 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, commu-
nications, and other mechanisms that will increase the ability
of the central government to manage internal affairs, encourage
economic development, and facilitate relief efforts of humani-
tarian organizations;
(11) to help halt the high prevalence of sexual abuse and
violence perpetrated against women and children in the Demo-
cratic 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 pro-
grams;
(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
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120 STAT. 3387
PUBLIC LAW 109–456—DEC. 22, 2006
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 Demo-
cratic 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 Govern-
ment 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 objec-
tives described in section 102.
SEC. 104. ACCOUNTABILITY FOR THE GOVERNMENT OF THE DEMO-
CRATIC 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
22 USC 2151
note.
22 USC 2151
note.
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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 Demo-
cratic 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 objec-
tives; and
(3) recommendations for—
(A) improving the policies and programs referred to
in paragraph (2); and
(B) any additional bilateral or multilateral actions nec-
essary to promote peace and prosperity in the Democratic
Republic of the Congo.
22 USC 2151
note.
22 USC 2151
note.
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120 STAT. 3389
PUBLIC LAW 109–456—DEC. 22, 2006
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 insta-
bility 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 DEMO-
CRATIC 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 Peace-
keeping 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 respon-
sible 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 pre-
vent 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-gath-
ering 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 Secu-
rity 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
22 USC 2151
note.
President.
Deadline.
22 USC 2151
note.
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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 viola-
tors 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 reve-
nues 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 
INTER-
NATIONAL 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 accom-
plishing the policy objectives described in section 102, the President
shall consider withdrawing United States support for the assistance
President.
22 USC 2151
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120 STAT. 3391
PUBLIC LAW 109–456—DEC. 22, 2006
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.
described in subsection (a) when future funding decisions are consid-
ered.
Approved December 22, 2006.
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