S. 2125 — Democratic Republic of the Congo Relief, Security, and Democracy Promotion Act of 2006

[109th Congress Public Law 456]
[From the U.S. Government Publishing 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

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        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

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        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

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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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Democratic Republic of the Congo Relief, Security, and Democracy Promotion Act of 2006

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