[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3396 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3396

   To facilitate lasting peace, democracy, and economic recovery in 
                                Somalia.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 21, 2005

  Mr. Smith of Washington (for himself, Mr. Petri, Mr. Payne, and Mr. 
  McDermott) introduced the following bill; which was referred to the 
                  Committee on International Relations

_______________________________________________________________________

                                 A BILL


 
   To facilitate lasting peace, democracy, and economic recovery in 
                                Somalia.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Somalia 
Comprehensive Peace and Economic Recovery Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Statement of policy.
Sec. 4. Fighting terrorism and and extremism in Somalia.
Sec. 5. Supporting peace, democracy, and stability in Somaliland.
Sec. 6. Investigation of war crimes and crimes against humanity in 
                            Somalia.
Sec. 7. Bilateral assistance to support peace and democracy in Somalia.
Sec. 8. Multilateral efforts to support peace and democracy in Somalia.
Sec. 9. Sanctions to support peace and human rights in Somalia.
Sec. 10. Assistance for local efforts to promote human rights, the rule 
                            of law, and democracy in Somalia.
Sec. 11. Report.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In 1991, General Mohamed Siad Barre, who came to power 
        in Somalia through a military coup in 1969, was ousted from 
        power by several Somali armed groups.
            (2) Following the collapse of central authority in 
        Mogadishu, the capital, rival Somali groups engaged in armed 
        struggle for personal political power and prevented food and 
        medicine from reaching innocent civilians suffering from 
        drought and famine. An estimated 300,000 people died from 
        violence, starvation, and disease as Somalia was wracked by 
        continued internal chaos.
            (3) On November 9, 1992, President George H.W. Bush 
        authorized Operation Restore Hope, using the United States 
        Armed Forces to safeguard nongovernmental organizations and 
        their efforts to provide humanitarian assistance to the 
        suffering Somali civilian population. The United States-led 
        Unified Task Force (UNITAF), formed to establish a safe 
        environment for the delivery of humanitarian assistance in 
        Somalia, saved lives and helped create a relatively peaceful 
        environment for humanitarian activity in Somalia.
            (4) In May 1993, UNITAF handed over its operations to the 
        United Nations. The subsequent United Nations effort was known 
        as the United Nations Operation in Somalia (UNOSOM). The 
        relative success of UNITAF gave the people of Somalia hope for 
        peace and stability, although the United States-led operation 
        failed to disarm the armed factions in Mogadishu and other 
        parts of Somalia.
            (5) On October 3, 1993, after a seventeen-hour battle 
        between United States Armed Forces and Somali factions in 
        Mogadishu in which 18 United States Army Rangers and hundreds 
        of Somalis were killed, President Clinton ordered the 
        withdrawal of United States troops from Somalia. In March 1994, 
        United States Armed Forces withdrew from Somalia, and one year 
        later, the United Nations withdrew the remaining peacekeepers 
        after a series of attacks on peacekeeping troops by Somali 
        armed factions.
            (6) Since the withdrawal of United Nations forces in March 
        1995, Somalia has been without a central government. The small 
        East African country once again descended into lawlessness. 
        Since then, Somalia has been splintered into several regions 
        controlled by clan-led administrations.
            (7) According to the United Nations, an estimated 400,000 
        Somalis have been internally displaced and more than 300,000 
        have fled their country. Somali children are 26 times more 
        likely to die before their 5th birthday than children in the 
        developed world. More than one in ten infants die before the 
        age of one year. Infant mortality is the 10th highest in the 
        world. The country has one of the highest incidences of 
        tuberculosis in the world. Meanwhile, cholera epidemics are 
        rampant.
            (8) There have been 13 Somali reconciliation or peace 
        conferences to bring an end to the fighting in Somalia. Some 
        conferences were under the auspices of or supported by the 
        United Nations, or governments in the Horn of Africa. These 
        efforts have largely failed to bring about lasting peace in 
        Somalia.
            (9) In 1996, the Government of Ethiopia convened a peace 
        conference in the resort town of Sodere. Many political actors 
        and armed factions participated, although a few boycotted the 
        peace conference. The Sodere peace conference collapsed when 
        the Government of Egypt convened another Somali peace 
        conference in Cairo in 1997. The Cairo peace conference failed 
        when another peace conference was convened by Somali factions 
        in Bosaso, Somalia in 1998.
            (10) In February 2000, the Inter-Governmental Authority for 
        Development (IGAD) approved a peace plan proposed by the 
        Government of Djibouti. In May 2000, the Somali reconciliation 
        conference opened in Arta, Djibouti, in which 400 delegates 
        took part for several months of deliberation. The Arta process 
        was boycotted by several powerful warlords, as well as the 
        government of Somaliland, the current government located in the 
        northwest region of Somalia, and the government of Puntland, 
        the current government based in the self-declared northeast 
        region of Somalia.
            (11) On August 13, 2000, participants at the Arta 
        conference agreed to the creation of a Transitional National 
        Government and a Transitional National Assembly for Somalia. On 
        August 26, 2000, participants nominated Abdulqassim Salad Hasan 
        as president of the Transitional National Government.
            (12) In October 2002, the Inter-Governmental Authority for 
        Development launched another peace process, led by the 
        Government of Kenya. An estimated 350 delegates from different 
        regions of Somalia participated in the opening session of the 
        conference in the Kenyan town of Eldoret. The Government of 
        Somaliland boycotted the conference.
            (13) In the first phase of the Kenyan peace process, the 
        parties signed a temporary cease-fire, and agreed to respect 
        and honor the outcome of the conference. The parties further 
        agreed to establish a federal system of government for Somalia 
        and committed themselves to fight terrorism.
            (14) In September 2003, the parties to the Kenyan peace 
        process agreed on a Transitional National Charter for Somalia, 
        paving the way for a national unity government for Somalia.
            (15) In August 2004, a new Somali Transitional Parliament 
        was inaugurated in Kenya. The 275-member parliament consists of 
        the major political factions in Somalia and is representative 
        of all the major clans of Somalia.
            (16) In October 2004, the Somali Transitional Parliament 
        elected Abdullahi Yusuf Ahmed as the new president of Somalia. 
        The swearing in ceremony was attended by 11 heads of government 
        from Africa and representatives from regional organizations and 
        the United Nations.
            (17) In November 2004, President Abdullahi Yusuf Ahmed 
        appointed Professor Ali Mohamed Gedi as the Prime Minister of 
        Somalia.
            (18) The Government of Kenya has and continues to play key 
        roles through its Special Envoy for Somalia, Ambassador 
        Kiplagat, in an effort to achieve a lasting peace in Somalia.
            (19) The Governments of Djibouti and Ethiopia are important 
        players in the Somali peace process and their continued 
        cooperation and coordination with the regional effort is 
        important to ensuring peace in Somalia.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States to support the people of 
Somalia to achieve lasting peace, democracy, rule of law, respect for 
human rights, broad-based economic recovery and growth, and eradicate 
radicalism and terrorism from their country and the region.

SEC. 4. FIGHTING TERRORISM AND EXTREMISM IN SOMALIA.

    (a) Findings.--Congress finds the following:
            (1) Since the collapse of central authority in Somalia in 
        1991, Somalia continues to attract terrorist and extremist 
        groups, posing serious threats to regional stability and peace. 
        Terrorists who carried out the United States Embassy bombings 
        in Kenya and Tanzania in August 1998 and the bombing of the 
        Paradise Hotel in Mombasa, Kenya, in November 2002 reportedly 
        used Somalia as a base of operation.
            (2) The United States Government, in its indictment against 
        Osama bin Laden and his associates for the United States 
        Embassy bombings in Kenya and Tanzania in August 1998 stated 
        that ``at various times from or about 1992 until in or about 
        1993, the defendant Osama bin Laden, working together with 
        members of the Fatwah committee of Al-Qaeda, disseminated 
        Fatwahs to other members and associates of Al-Qaeda that the 
        United States forces in the Horn of Africa, including Somalia, 
        should be attacked''.
            (3) In late September 2001, the United States Government 
        added Al-Ittihad to a list of terrorism-related entities whose 
        assets were ordered frozen by executive order. The United 
        States Government also ordered the assets of the Somali-owned 
        al-Barakaat company frozen because of its alleged links to Al-
        Qaeda.
            (4) Many experts believe that Somalia is still being used 
        by terrorist groups as a transit or safe haven, contributing to 
        the destabilization of the East Africa region.
            (5) In June 2003, President George W. Bush announced a 
        $100,000,000 East Africa Counter Terrorism Initiative to close 
        the capabilities gap in combating terrorism and to reduce East 
        Africa's vulnerabilities to terrorism.
            (6) The United States Government welcomes the commitment of 
        the Transitional National Government of Somalia to fight 
        terrorism and extremism. It is in the interest of the peoples 
        of Somalia and the United States to ensure terrorist groups are 
        denied safe haven in Somalia and the region.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should assist the people of Somalia 
        to establish a democratic government that is committed and able 
        to fight terrorism and extremism;
            (2) the United States should provide training and support 
        to the Transitional National Government of Somalia to fight 
        terrorism and extremism; and
            (3) strengthening civil society and grassroots efforts in 
        Somalia will deny terrorist and extremists groups a fertile 
        ground for recruitment in that country.

SEC. 5. SUPPORTING PEACE, DEMOCRACY, AND STABILITY IN SOMALILAND.

    (a) Findings.--Congress finds the following:
            (1) In May 1991, the Republic of Somaliland, located in the 
        northwest region of Somalia, declared independence from 
        Somalia. The Republic of Somaliland has not been recognized as 
        an independent country, despite its persistent efforts over the 
        past decade.
            (2) Since its declaration of independence, Somaliland has 
        been relatively stable and peaceful, despite occasional inter-
        clan conflicts.
            (3) In December 2002, the people of Somaliland voted in 
        local elections, which were monitored by international 
        observers. The elections were deemed by these observers as free 
        and fair.
            (4) In April 2003, Dahir Rayale Kahin was elected president 
        of Somaliland in a highly-competitive presidential election, 
        which was monitored by international observers.
    (b) Statement of Policy.--Congress recognizes and welcomes the many 
achievements over the past decade by the people and government of 
Somaliland, including increased enrollment in primary schools, relative 
peace and stability, and economic recovery.
    (c) Sense of Congress.--It is the sense of Congress that the 
political future of Somaliland should be resolved through a peaceful, 
negotiated process between the government of Somaliland and the 
Transitional National Government of Somalia.

SEC. 6. INVESTIGATION OF WAR CRIMES AND CRIMES AGAINST HUMANITY IN 
              SOMALIA.

    (a) Findings.--Congress finds the following:
            (1) According to human rights groups, the United Nations, 
        and the international media, more than 500,000 people may have 
        died as a result famine, disease, and war-related causes in 
        Somalia. Many of these victims are civilians, especially 
        children and the elderly.
            (2) Hundreds of thousands of innocent civilians in Somalia 
        have been displaced or forced into refugee camps as a direct 
        result of the brutal campaign of violence against civilians by 
        Somalia's warlords.
            (3) Millions of children in Somalia have been deprived of 
        basic health care and education due to violence and general 
        instability instigated by Somalia's warlords.
    (b) Declarations of Policy.--Congress declares the following:
            (1) War crimes and crimes against humanity have been 
        committed against innocent civilians over the past decade by 
        Somali warlords in many parts of Somalia.
            (2) Individuals responsible for war crimes and crimes 
        against humanity should be held accountable for their actions.
    (c) International Commission of Inquiry.--The President is 
authorized to seek the establishment of an international commission of 
inquiry to investigate war crimes, crimes against humanity, and other 
violations of human rights and international humanitarian law in 
Somalia. In carrying out this subsection, the President should instruct 
the Permanent United States Representative to the United Nations to use 
the voice and vote of the United States to seek the establishment of an 
international commission described in the preceding sentence.
    (d) Study and Report.--
            (1) Study.--The Secretary of State shall conduct an annual 
        study of acts which may constitute war crimes, crimes against 
        humanity, and other violations of human rights and 
        international humanitarian law by armed factions in all areas 
        of Somalia since the collapse of central authority in Somalia 
        in 1991.
            (2) Report.--Not later than 180 days after the date of the 
        enactment of this Act and annually thereafter, the Secretary of 
        State shall submit to Congress a detailed report that contains 
        the results of the study conducted under paragraph (1), 
        including a list of warlords who are responsible for crimes 
        against humanity in Somalia, a strategy for holding the 
        warlords accountable, including freezing finances and 
        restricting travel, and a determination by the Secretary of the 
        impact of such measures on the peace process in Somalia.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the President to carry out this section $5,000,000 for fiscal 
        year 2006 and such sums as may be necessary for each of the 
        fiscal years 2007 and 2008.
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) are--
                    (A) authorized to remain available until expended; 
                and
                    (B) in addition to funds otherwise available for 
                such purposes.

SEC. 7. BILATERAL ASSISTANCE TO SUPPORT PEACE AND DEMOCRACY IN SOMALIA.

    (a) Assistance.--The President is authorized to--
            (1) support efforts for a peaceful resolution of the 
        conflict in Somalia as well as the establishment of a 
        representative form of government in Somalia;
            (2) continue to encourage the participation of all groups, 
        including women, traditional and religious leaders, and 
        minority clans historically marginalized by the major clans of 
        Somalia, in efforts for a peaceful resolution of the conflict 
        in Somalia as well as the establishment of a representative 
        form of government in Somalia; and
            (3) encourage Inter-Governmental Authority for Development 
        (IGAD) mediators to insist on broader participation in the new 
        government of Somalia.
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the President to carry out this section $40,000,000 for each of 
        the fiscal years 2006, 2007, and 2008.
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) are--
                    (A) authorized to remain available until expended; 
                and
                    (B) in addition to funds otherwise available for 
                such purposes.

SEC. 8. MULTILATERAL EFFORTS TO SUPPORT PEACE AND DEMOCRACY IN SOMALIA.

    It is the sense of Congress that--
            (1) the international community should assist the people of 
        Somalia to achieve lasting peace, promote human rights and the 
        rule of law, and provide financial assistance in support of 
        peace and economic development in Somalia;
            (2) the African Union and the United Nations should 
        consider the deployment of peacekeepers in support of peace and 
        democracy in Somalia;
            (3) the United Nations should consider the deployment of 
        human rights monitors throughout Somalia to ensure respect for 
        human rights and the rule of law during the transition period;
            (4) the United Nations should maintain and fully enforce 
        the arms embargo on Somalia;
            (5) the United Nations should assist in the demobilization, 
        reintegration, and resettlement of militia groups in Somalia; 
        and
            (6) the United Nations should assist in the resettlement of 
        Somalia's internally displaced persons and refugees.

SEC. 9. SANCTIONS TO SUPPORT PEACE AND HUMAN RIGHTS IN SOMALIA.

    (a) Determination.--If, at any time beginning on or after the date 
of the enactment of this Act, the President determines that the 
Transitional National Government of Somalia or any regional authority 
in Somalia--
            (1) is not honoring the peace agreement or is not fully 
        implementing the agreement in good faith,
            (2) is not cooperating in counterterrorism efforts,
            (3) is not respecting basic human rights and the rule of 
        law, or
            (4) is engaged in unnecessary conflicts inside Somalia or 
        with its neighbors,
the President shall impose the sanctions described in subsection (b).
    (b) Sanctions.--The sanctions described in this subsection are the 
following:
            (1) Denial of visas and entry into the United States to 
        senior officials of the Transitional National Government of 
        Somalia and each regional authority in Somalia, including 
        senior military officers.
            (2) Such action as may be necessary to impose a sanctions 
        regime to freeze funds or assets of officials described in 
        paragraph (1) at United States financial institutions, subject 
        to such terms and conditions as the President determines to be 
        appropriate.
            (3) Withholding the provision of United States assistance 
        for Somalia, other than United States humanitarian assistance.
    (c) Waiver.--The President may waive the requirement to impose 
sanctions under this section if the President determines that it is in 
the national security interest of the United States to do so and 
transmits to Congress a report that contains the reasons for the 
determination.

SEC. 10. ASSISTANCE FOR LOCAL EFFORTS TO PROMOTE HUMAN RIGHTS, THE RULE 
              OF LAW, AND DEMOCRACY IN SOMALIA.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) respect for human rights and the rule of law should 
        remain a high priority in United States policy toward Somalia; 
        and
            (2) the United States should work with the people of 
        Somalia, other countries, and international organizations to 
        ensure that sufficient resources and technical support are 
        devoted to the demobilization and reintegration of warlords and 
        their forces into Somali civil society.
    (b) Assistance.--The President is authorized to provide assistance 
for local efforts to promote human rights, the rule of law, and 
democracy in Somalia.
    (c) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the President to carry out this section $5,000,000 for each of 
        the fiscal years 2006, 2007, and 2008.
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) are--
                    (A) authorized to remain available until expended; 
                and
                    (B) in addition to funds otherwise available for 
                such purposes.

SEC. 11. REPORT.

    Not later than 180 days after the date of the enactment of this Act 
and annually thereafter, the President shall transmit to Congress a 
detailed report on the implementation of this Act.
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