[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1067 Enrolled Bill (ENR)]

        S.1067

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 An Act


 
To support stabilization and lasting peace in northern Uganda and areas 
affected by the Lord's Resistance Army through development of a regional 
    strategy to support multilateral efforts to successfully protect 
 civilians and eliminate the threat posed by the Lord's Resistance Army 
   and to authorize funds for humanitarian relief and reconstruction, 
    reconciliation, and transitional justice, 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 ``Lord's Resistance Army Disarmament 
and Northern Uganda Recovery Act of 2009''.
SEC. 2. FINDINGS.
    Congress makes the following findings:
        (1) For over 2 decades, the Government of Uganda engaged in an 
    armed conflict with the Lord's Resistance Army (LRA) in northern 
    Uganda that led to the internal displacement of more than 2,000,000 
    Ugandans from their homes.
        (2) The members of the Lord's Resistance Army used brutal 
    tactics in northern Uganda, including mutilating, abducting and 
    forcing individuals into sexual servitude and forcing a large 
    number of children and youth in Uganda, estimated by the Survey for 
    War Affected Youth to be over 66,000, to fight as part of the rebel 
    force.
        (3) The Secretary of State has placed the Lord's Resistance 
    Army on the Terrorist Exclusion list pursuant to section 212(a)(3) 
    of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)), and 
    LRA leader Joseph Kony has been designated a ``specially designated 
    global terrorist'' pursuant to Executive Order 13224.
        (4) In late 2005, according to the United Nations Office for 
    Coordination of Humanitarian Affairs, the Lord's Resistance Army 
    shifted their primary base of operations from southern Sudan to 
    northeastern Democratic Republic of Congo, and the rebels have 
    since withdrawn from northern Uganda.
        (5) Representatives of the Government of Uganda and the Lord's 
    Resistance Army began peace negotiations in 2006, mediated by the 
    Government of Southern Sudan in Juba, Sudan, and signed the 
    Cessation of Hostilities Agreement on August 20, 2006, which 
    provided for hundreds of thousands of internally displaced people 
    to return home in safety.
        (6) After nearly 2 years of negotiations, representatives from 
    the parties reached the Final Peace Agreement in April 2008, but 
    Joseph Kony, the leader of the Lord's Resistance Army, refused to 
    sign the Final Peace Agreement in May 2008 and his forces launched 
    new attacks in northeastern Congo.
        (7) According to the United Nations Office for the Coordination 
    of Humanitarian Relief and the United Nations High Commissioner for 
    Refugees, the new activity of the Lord's Resistance Army in 
    northeastern Congo and southern Sudan since September 2008 has led 
    to the abduction of at least 1,500 civilians, including hundreds of 
    children, and the displacement of more than 540,000 people.
        (8) In December 2008, the military forces of Uganda, the 
    Democratic Republic of Congo, and southern Sudan launched a joint 
    operation against the Lord's Resistance Army's bases in 
    northeastern Congo, but the operation failed to apprehend Joseph 
    Kony, and his forces retaliated with a series of new attacks and 
    massacres in Congo and southern Sudan, killing an estimated 900 
    people in 2 months alone.
        (9) Despite the refusal of Joseph Kony to sign the Final Peace 
    Agreement, the Government of Uganda has committed to continue 
    reconstruction plans for northern Uganda, and to implement those 
    mechanisms of the Final Peace Agreement not conditional on the 
    compliance of the Lord's Resistance Army.
        (10) Since 2008, recovery efforts in northern Uganda have moved 
    forward with the financial support of the United States and other 
    donors, but have been hampered by a lack of strategic coordination, 
    logistical delays, and limited leadership from the Government of 
    Uganda.
SEC. 3. STATEMENT OF POLICY.
    It is the policy of the United States to work with regional 
governments toward a comprehensive and lasting resolution to the 
conflict in northern Uganda and other affected areas by--
        (1) providing political, economic, military, and intelligence 
    support for viable multilateral efforts to protect civilians from 
    the Lord's Resistance Army, to apprehend or remove Joseph Kony and 
    his top commanders from the battlefield in the continued absence of 
    a negotiated solution, and to disarm and demobilize the remaining 
    Lord's Resistance Army fighters;
        (2) targeting assistance to respond to the humanitarian needs 
    of populations in northeastern Congo, southern Sudan, and Central 
    African Republic currently affected by the activity of the Lord's 
    Resistance Army; and
        (3) further supporting and encouraging efforts of the 
    Government of Uganda and civil society to promote comprehensive 
    reconstruction, transitional justice, and reconciliation in 
    northern Uganda as affirmed in the Northern Uganda Crisis Response 
    Act of 2004 (Public Law 108-283) and subsequent resolutions, 
    including Senate Resolution 366, 109th Congress, agreed to February 
    2, 2006, Senate Resolution 573, 109th Congress, agreed to September 
    19, 2006, Senate Concurrent Resolution 16, 110th Congress, agreed 
    to in the Senate March 1, 2007, and House Concurrent Resolution 80, 
    110th Congress, agreed to in the House of Representatives June 18, 
    2007.
SEC. 4. REQUIREMENT OF A STRATEGY TO SUPPORT THE DISARMAMENT OF THE 
LORD'S RESISTANCE ARMY.
    (a) Requirement for Strategy.--Not later than 180 days after the 
date of the enactment of this Act, the President shall develop and 
submit to the appropriate committees of Congress a strategy to guide 
future United States support across the region for viable multilateral 
efforts to mitigate and eliminate the threat to civilians and regional 
stability posed by the Lord's Resistance Army.
    (b) Content of Strategy.--The strategy shall include the following:
        (1) A plan to help strengthen efforts by the United Nations and 
    regional governments to protect civilians from attacks by the 
    Lord's Resistance Army while supporting the development of 
    institutions in affected areas that can help to maintain the rule 
    of law and prevent conflict in the long term.
        (2) An assessment of viable options through which the United 
    States, working with regional governments, could help develop and 
    support multilateral efforts to eliminate the threat posed by the 
    Lord's Resistance Army.
        (3) An interagency framework to plan, coordinate, and review 
    diplomatic, economic, intelligence, and military elements of United 
    States policy across the region regarding the Lord's Resistance 
    Army.
        (4) A description of the type and form of diplomatic engagement 
    across the region undertaken to coordinate and implement United 
    States policy regarding the Lord's Resistance Army and to work 
    multilaterally with regional mechanisms, including the Tripartite 
    Plus Commission and the Great Lakes Pact.
        (5) A description of how this engagement will fit within the 
    context of broader efforts and policy objectives in the Great Lakes 
    Region.
    (c) Form.--The strategy under this section shall be submitted in 
unclassified form, but may include a classified annex.
SEC. 5. HUMANITARIAN ASSISTANCE FOR AREAS OUTSIDE UGANDA AFFECTED BY 
THE LORD'S RESISTANCE ARMY.
    In accordance with section 491 of the Foreign Assistance Act of 
1961 (22 U.S.C. 2292) and section 2 of the Migration and Refugee 
Assistance Act of 1962 (22 U.S.C. 2601), the President is authorized to 
provide additional assistance to the Democratic Republic of Congo, 
southern Sudan, and Central African Republic to respond to the 
humanitarian needs of populations directly affected by the activity of 
the Lord's Resistance Army.
SEC. 6. ASSISTANCE FOR RECOVERY AND RECONSTRUCTION IN NORTHERN UGANDA.
    (a) Authority.--It is the sense of Congress that the President 
should support efforts by the people of northern Uganda and the 
Government of Uganda--
        (1) to assist internally displaced people in transition and 
    returnees to secure durable solutions by spurring economic 
    revitalization, supporting livelihoods, helping to alleviate 
    poverty, and advancing access to basic services at return sites, 
    specifically clean water, health care, and schools;
        (2) to enhance the accountability and administrative competency 
    of local governance institutions and public agencies in northern 
    Uganda with regard to budget management, provision of public goods 
    and services, and related oversight functions;
        (3) to strengthen the operational capacity of the civilian 
    police in northern Uganda to enhance public safety, prevent crime, 
    and deal sensitively with gender-based violence, while 
    strengthening accountability measures to prevent corruption and 
    abuses;
        (4) to rebuild and improve the capacity of the justice system 
    in northern Uganda, including the courts and penal systems, with 
    particular sensitivity to the needs and rights of women and 
    children;
        (5) to establish mechanisms for the disarmament, 
    demobilization, and reintegration of former combatants and those 
    abducted by the LRA, including vocational education and employment 
    opportunities, with attention given to the roles and needs of men, 
    women and children; and
        (6) to promote programs to address psychosocial trauma, 
    particularly post-traumatic stress disorder.
    (b) Future Year Funding.--It is the sense of Congress that the 
Secretary of State and Administrator of the United States Agency for 
International Development should work with the appropriate committees 
of Congress to increase assistance in future fiscal years to support 
activities described in this section if the Government of Uganda 
demonstrates a commitment to transparent and accountable reconstruction 
in war-affected areas of northern Uganda, specifically by--
        (1) finalizing the establishment of mechanisms within the 
    Office of the Prime Minister to sufficiently manage and coordinate 
    the programs under the framework of the Peace Recovery and 
    Development Plan for Northern Uganda (PRDP);
        (2) increasing oversight activities and reporting, at the local 
    and national level in Uganda, to ensure funds under the Peace 
    Recovery and Development Plan for Northern Uganda framework are 
    used efficiently and with minimal waste; and
        (3) committing substantial funds of its own, above and beyond 
    standard budget allocations to local governments, to the task of 
    implementing the Peace Recovery and Development Plan for Northern 
    Uganda such that communities affected by the war can recover.
    (c) Coordination With Other Donor Nations.--The United States 
should work with other donor nations to increase contributions for 
recovery efforts in northern Uganda and better leverage those 
contributions to enhance the capacity and encourage the leadership of 
the Government of Uganda in promoting transparent and accountable 
reconstruction in northern Uganda.
    (d) Termination of Assistance.--It is the sense of Congress that 
the Secretary of State should withhold non-humanitarian bilateral 
assistance to the Republic of Uganda if the Secretary determines that 
the Government of Uganda is not committed to reconstruction and 
reconciliation in the war-affected areas of northern Uganda and is not 
taking proactive steps to ensure this process moves forward in a 
transparent and accountable manner.
SEC. 7. ASSISTANCE FOR RECONCILIATION AND TRANSITIONAL JUSTICE IN 
NORTHERN UGANDA.
    (a) Sense of Congress.--It is the sense of Congress that, despite 
reconstruction and development efforts, a continued failure to take 
meaningful steps toward national reconciliation and accountability 
risks perpetuating longstanding political grievances and fueling new 
conflicts.
    (b) Authority.--In accordance with section 531 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2346), the President is authorized to 
support efforts by the people of northern Uganda and the Government of 
Uganda to advance efforts to promote transitional justice and 
reconciliation on both local and national levels, including to 
encourage implementation of the mechanisms outlined in the Annexure to 
the Agreement on Accountability and Reconciliation between the 
Government of Uganda and the Lord's Resistance Army/Movement, signed at 
Juba February 19, 2008, namely--
        (1) a body to investigate the history of the conflict, inquire 
    into human rights violations committed during the conflict by all 
    sides, promote truth-telling in communities, and encourage the 
    preservation of the memory of events and victims of the conflict 
    through memorials, archives, commemorations, and other forms of 
    preservation;
        (2) a special division of the High Court of Uganda to try 
    individuals alleged to have committed serious crimes during the 
    conflict, and a special unit to carry out investigations and 
    prosecutions in support of trials;
        (3) a system for making reparations to victims of the conflict; 
    and
        (4) a review and strategy for supporting transitional justice 
    mechanisms in affected areas to promote reconciliation and 
    encourage individuals to take personal responsibility for their 
    conduct during the war.
SEC. 8. REPORT.
    (a) Report Required.--Not later than 1 year after the submission of 
the strategy required under section 4, the Secretary of State shall 
prepare and submit to the appropriate committees of Congress a report 
on the progress made toward the implementation of the strategy required 
under section 4 and a description and evaluation of the assistance 
provided under this Act toward the policy objectives described in 
section 3.
    (b) Contents.--The report required under section (a) shall 
include--
        (1) a description and evaluation of actions taken toward the 
    implementation of the strategy required under section 4;
        (2) a description of assistance provided under sections 5, 6, 
    and 7;
        (3) an evaluation of bilateral assistance provided to the 
    Republic of Uganda and associated programs in light of stated 
    policy objectives;
        (4) a description of the status of the Peace Recovery and 
    Development Plan for Northern Uganda and the progress of the 
    Government of Uganda in fulfilling the steps outlined in section 
    6(b); and
        (5) a description of amounts of assistance committed, and 
    amounts provided, to northern Uganda during the reporting period by 
    the Government of Uganda and each donor country.
    (c) Form.--The report under this section shall be submitted in 
unclassified form, but may include a classified annex.
SEC. 9. SENSE OF CONGRESS ON FUNDING.
    It is the sense of Congress that--
        (1) of the total amounts to be appropriated for fiscal year 
    2011 for the Department of State and foreign operations, up to 
    $10,000,000 should be used to carry out activities under section 5; 
    and
        (2) of the total amounts to be appropriated for fiscal year 
    2011 through 2013 for the Department of State and foreign 
    operations, up to $10,000,000 in each such fiscal year should be 
    used to carry out activities under section 7.
  SEC. 10. DEFINITIONS.
    In this Act:
        (1) Appropriate committees of congress.--The term ``appropriate 
    committees of Congress'' means the Committee on Appropriations and 
    the Committee on Foreign Relations of the Senate and the Committee 
    on Appropriations and the Committee on Foreign Affairs of the House 
    of Representatives.
        (2) Great lakes region.--The term ``Great Lakes Region'' means 
    the region comprising Burundi, Democratic Republic of Congo, 
    Rwanda, southern Sudan, and Uganda.
        (3) LRA-affected areas.--The term ``LRA-affected areas'' means 
    those portions of northern Uganda, southern Sudan, northeastern 
    Democratic Republic of Congo, and southeastern Central African 
    Republic determined by the Secretary of State to be affected by the 
    Lord's Resistance Army as of the date of the enactment of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.