    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-172
    111th Congress

    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    since withdrawn from northern Uganda.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

    [[Page 1210]]

    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.

    [[Page 1211]]

    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

    [[Page 1212]]

    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.

    [[Page 1213]]

    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.

    [[Page 1214]]

    (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.

    Approved May 24, 2010.

    LEGISLATIVE HISTORY--S. 1067:
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 111-108 (Comm. on Foreign Relations).
    CONGRESSIONAL RECORD, Vol. 156 (2010):
    Mar. 10, considered and passed Senate.
    May 12, considered and passed House.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2010):
    May 24, Presidential statement.