[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 492 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 492

  To promote stabilization and reconstruction efforts in Somalia, to 
   establish a Special Envoy for Somalia to strengthen United States 
   support to the people of Somalia in their efforts to establish a 
  lasting peace and form a democratically elected and stable central 
                  government, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 6, 2007

 Mr. Feingold (for himself, Mr. Coleman, and Ms. Klobuchar) introduced 
the following bill; which was read twice and referred to the Committee 
                          on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To promote stabilization and reconstruction efforts in Somalia, to 
   establish a Special Envoy for Somalia to strengthen United States 
   support to the people of Somalia in their efforts to establish a 
  lasting peace and form a democratically elected and stable central 
                  government, 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 ``Somalia Stabilization and 
Reconstruction Act of 2007''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Somalia has been without a central government since the 
        overthrow of General Mohamed Siad Barre in 1991 and the 
        subsequent collapse of central authority in Mogadishu. Since 
        then, an estimated 400,000 people have died from violence, 
        starvation, and disease as rival Somali groups engaged in armed 
        struggle for personal political power.
            (2) Continued instability in Somalia poses a threat to the 
        people of Somalia and the stability of the region and threatens 
        the national security of the United States by creating a haven 
        for terrorists.
            (3) The lack of a credible, capable, representative, and 
        transparent government in Somalia will continue to contribute 
        to instability within Somalia and throughout the Horn of Africa 
        region.
            (4) There is an urgent need for an integrated, coherent 
        international approach to stabilization and reconstruction in 
        Somalia through the creation of effective multilateral 
        mechanisms with adequate authorities and resources.
            (5) The United States has played a leadership role in the 
        international community's response to these developments in 
        Somalia by joining Norway, the United Kingdom, Tanzania, 
        Sweden, Italy, the European Union, the African Union, and the 
        United Nations to convene the International Somalia Contact 
        Group. On January 4, 2007, the United States announced a 
        $40,000,000 support package to fund peacekeeping and 
        humanitarian efforts in Somalia, urging all donor parties ``to 
        provide immediate capacity-building assistance for the 
        Transitional Federal Institutions, as well as humanitarian 
        assistance to respond to the needs of the Somali people''.
            (6) In early January 2007, United States military forces 
        targeted suspected terrorists in southern Somalia.
            (7) The legacy of failed United States engagement in 
        Somalia in the past, active hostility toward recent 
        intervention and intentions in that country, and an 
        insufficient knowledge of conditions on the ground in Somalia 
        pose significant challenges to the ability of the United States 
        Government to resolve this crisis situation unilaterally.
            (8) The United States has a national interest and an 
        international obligation to contribute to multilateral efforts 
        to establish stability in Somalia and throughout the Horn of 
        Africa region.

SEC. 3. STATEMENT OF POLICY.

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

SEC. 4. SUPPORTING PEACE, DEMOCRACY, AND STABILITY IN SOMALIA.

    (a) Findings.--Congress makes the following findings:
            (1) In October 2002, the Inter-Governmental Authority for 
        Development (IGAD) launched a peace process for Somalia, led by 
        the Government of Kenya, which produced a Transitional National 
        Charter for Somalia in September 2003. The parties agreed to 
        create a Transitional Federal Government (TFG) with a 
        Transitional Federal Assembly (TFA) representing all major 
        political factions and clans.
            (2) In October 2004, the Transitional Federal Assembly 
        elected Abdullahi Yusuf Ahmed as the new President of Somalia, 
        who went on to appoint Ali Mohamed Gedi as the Prime Minister.
            (3) After the collapse of the Somali government in 1991, a 
        system of sharia-based Islamic courts became the main judicial 
        system and in 2000, Islamic leaders formed an armed militia and 
        the Islamic Courts Union (ICU) to consolidate their authority 
        and resources.
            (4) In June 2006, the Islamic Courts Union routed warlords, 
        established control of Mogadishu, and rapidly expanded their 
        sphere of influence by taking control of weapons and towns in 
        western and southern Somalia.
            (5) In December 2006, in response to the Islamic Courts 
        Union's declaration of jihad against Ethiopia and attacks 
        against Ethiopian forces and Transitional Federal Government 
        militia near Baidoa, Ethiopian troops and military firepower 
        led Transitional Federal Government attacks on Islamic 
        strongholds.
            (6) On December 27, 2006, the Islamic Courts Union 
        leadership resigned and withdrew from Mogadishu. The Government 
        of Kenya closed its border with Somalia, and the United States 
        established a military presence off the coast of Somalia to 
        prevent the escape of Islamists believed to have ties to 
        terrorist networks. The Transitional Federal Government 
        legislature agreed on January 10, 2007, to impose martial law 
        for a period of 3 months.
            (7) The 2005 Country Reports on Human Rights Practices 
        published by the Department of State cites significant concerns 
        relating to abuses of human rights in Somalia, including female 
        genital mutilation, rape, and political violence.
            (8) Following 16 years of conflict and insecurity, Somalia 
        has some of the lowest development and humanitarian indicators 
        in the world. It is estimated that over 1,400,000 Somalis are 
        chronically food insecure and nearly 500,000 have been 
        displaced by recent violence and floods. Despite pressing 
        needs, the United Nations Consolidated Appeal for Somalia 
        remains less than 1 percent funded.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States Government should assist the people 
        of Somalia to gain control of their country and facilitate the 
        establishment of a legitimate, credible, and capable government 
        that respects human rights and religious freedom, is committed 
        to ending violence throughout the country, and promotes peace 
        and stability with its neighbors;
            (2) the United States Government should move quickly to 
        support a deployment of a regional or international 
        peacekeeping force in Somalia;
            (3) the United States Government should help strengthen and 
        protect the respect for human rights and the rule of law within 
        Somalia, as well as to help establish accountability for those 
        responsible for crimes against humanity, war crimes, and human 
        rights abuses;
            (4) the United States Government should support and 
        expedite planning and implementation of programs associated 
        with the disarmament, demobilization, repatriation, 
        reintegration, and rehabilitation processes in Somalia;
            (5) the United States Government should urge the United 
        Nations to establish an international donor trust fund that 
        would be used to help stabilize and rebuild the war-torn 
        infrastructure and governing institutions of Somalia, respond 
        to the worsening humanitarian crisis, provide support for 
        Somalia's devastated economy, and help promote democracy, the 
        rule of law, multiparty democracy, and security in Somalia and 
        throughout the Horn of Africa;
            (6) the United States Government and the international 
        community should provide political, financial, and technical 
        support for efforts by a legitimate, transparent government in 
        Somalia to professionalize its security forces, rehabilitate 
        the national judicial system of Somalia, enhance the rule of 
        law, combat corruption, target terrorists and the conditions 
        that allow terrorist organizations to use Somalia as a safe 
        haven, institute economic reforms to promote development, and 
        create an environment in Somalia to promote private investment, 
        as well as to meet the basic needs of Somali citizens, 
        including security, safety, and access to health care, 
        education, food, shelter, and clean drinking water;
            (7) the United States Government and the international 
        community should provide sufficient humanitarian assistance to 
        vulnerable populations within Somalia, as well as throughout 
        the region; and
            (8) any specific United States Government efforts 
        concerning Somalia need to be an integrated part of a strategic 
        approach towards the Horn of Africa region.

SEC. 5. FIGHTING TERRORISM AND EXTREMISM IN SOMALIA.

    (a) Findings.--Congress makes the following findings:
            (1) The 2005 Country Reports on Terrorism, published by the 
        Department of State in accordance with section 140 of the 
        Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 
        (22 U.S.C. 2656f), noted that ``[p]arts of Somalia, which has 
        no functioning central government, have become havens for 
        terrorists and other illicit activities, threatening the 
        security of the whole region'' and that ``a small number of al 
        Qaeda (AQ) terrorists, responsible for the 1998 bombings of the 
        United States Embassies in Kenya and Tanzania, continue to 
        operate in Somalia and are assisted by elements within the 
        complicated Somali clan structure''.
            (2) The 2006 National Security Strategy of the United 
        States of America states that ``together with our European 
        allies we must help strengthen Africa's fragile states, help 
        build indigenous capability to secure porous borders, and help 
        build up the law enforcement and intelligence infrastructure to 
        deny havens for terrorists''.
            (3) In June 2006, the United States Counterterrorism 
        Coordinator, Henry Crumpton, testified before the Senate about 
        the problem of a ``resilient, enduring, and dangerous'' al-
        Qaeda cell that has operated in Somalia since the early 1990s.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States Government 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 Government and the international 
        community should provide political, financial, and technical 
        support for efforts by the Government of Somalia to target 
        terrorists and the conditions that allow terrorist 
        organizations to use Somalia as a safe haven;
            (3) the United States Government and the international 
        community should work closely with the Somali people and 
        countries throughout the region to defeat terrorists, terrorist 
        networks, illicit power structures, and criminal networks that 
        seek to destabilize the region or attack United States 
        interests in the region; and
            (4) strengthening a widely accepted national government, a 
        vibrant civil society, and popular grassroots efforts in 
        Somalia will help deny terrorist and extremists groups a 
        fertile ground for recruitment in Somalia.

SEC. 6. SPECIAL ENVOY FOR SOMALIA.

    (a) Appointment of Special Envoy.--Not later than 60 days after the 
date of the enactment of this Act, the President shall appoint a 
Special Envoy for Somalia to coordinate United States involvement in 
the region and to ensure that the United States Government remains 
informed of and engaged in efforts to resolve the instability and 
insecurity in Somalia.
    (b) Duties.--The Special Envoy for Somalia should be given a clear 
mandate--
            (1) to direct United States Government efforts to establish 
        a credible, capable government of national unity in Somalia;
            (2) to provide detailed assessments of challenges and 
        progress on the ground in Somalia and in the Horn of Africa 
        region; and
            (3) to pursue a truly comprehensive and sustainable peace 
        in Somalia.
    (c) Staffing and Resources.--The Special Envoy for Somalia should 
be provided with appropriate resources, including--
            (1) adequate staffing in the region and in Washington, DC; 
        and
            (2) sufficient communications and logistical support on the 
        ground in Somalia.

SEC. 7. ASSISTANCE FOR A PEACEKEEPING FORCE FOR SOMALIA.

    (a) Authority.--Subject to subsection (b) and notwithstanding any 
other provision of law, the President is authorized to support a 
regional or international peacekeeping force for Somalia with 
assistance in the areas of logistics, transport, communications, 
material support, technical assistance, training, command and control, 
aerial surveillance, and intelligence.
    (b) Conditions.--
            (1) In general.--Assistance provided under subsection (a) 
        shall--
                    (A) be used only in the Horn of Africa region; and
                    (B) except as provided under paragraph (2), not be 
                provided until an adequate regional or international 
                peacekeeping force for Somalia has been authorized by 
                the African Union or the United Nations and the 
                leadership of such a mission has agreed--
                            (i) not to transfer title to, or possession 
                        of, any such assistance to anyone who is not an 
                        officer, employee, or agent of the peacekeeping 
                        operation; and
                            (ii) not to use or to permit the use of 
                        such assistance for any purposes other than 
                        those for which such assistance was furnished.
            (2) Waiver of restrictions.--
                    (A) Waiver.--The President may waive the 
                restrictions under paragraph (1)(B) upon receiving 
                written assurances that the granting of such waiver 
                would further efforts to provide assistance in the 
                areas described in subsection (a).
                    (B) Notification requirement.--If the President 
                grants a waiver under subparagraph (A), the President 
                shall immediately notify the appropriate congressional 
                committees in accordance with the procedures applicable 
                to reprogramming notifications under section 634A of 
                the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1).
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated not 
        less than $150,000,000 for fiscal year 2007 to carry out this 
        section.
            (2) Future funding.--It is the sense of Congress that the 
        Department of State should submit budget requests in fiscal 
        years 2008 and 2009 that contain appropriate levels of 
        assistance for such a peacekeeping force.
            (3) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraphs (1) and (2) 
        are--
                    (A) authorized to remain available until expended; 
                and
                    (B) in addition to funds otherwise available for 
                such purposes.

SEC. 8. BILATERAL ASSISTANCE TO TRANSITIONAL FEDERAL INSTITUTIONS IN 
              SOMALIA.

    (a) Authority.--The President should--
            (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, business leaders, civil society organizations, 
        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;
            (3) encourage Inter-Governmental Authority for Development 
        (IGAD) mediators, the African Union, the Arab League, and other 
        regional bodies to insist on broader participation in the 
        inclusive government of Somalia;
            (4) contribute to capacity building for Somalia's 
        Transitional Federal Institutions and national and local 
        infrastructure and governance mechanisms; and
            (5) support reconstruction efforts, including, but not 
        limited to, programs for demobilizing and reintegrating ex-
        combatants.
    (b) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated not 
        less than $50,000,000 for fiscal year 2007 to carry out this 
        section.
            (2) Future funding.--It is the sense of Congress that the 
        Department of State should submit budget requests in fiscal 
        years 2008 and 2009 that contain appropriate increases in 
        bilateral and multilateral assistance for Somalia based on 
        progress by the Transitional Federal Government toward 
        accomplishing the policy objectives described in sections 3, 4, 
        and 5.
            (3) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraphs (1) and (2)--
                    (A) are authorized to remain available until 
                expended;
                    (B) are in addition to funds otherwise available 
                for such purposes; and
                    (C) shall be contingent upon the President's 
                determination that the Transitional Federal Government 
                of Somalia is respecting human rights while making 
                positive progress towards establishing a credible, 
                transparent government.
    (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 Somalia and 
accomplish the policy objectives described in sections 3, 4, and 5.
    (d) Limitation.--The President may not provide assistance described 
in subsection (a) if the President determines that the Transitional 
Federal Government of Somalia or any regional authority in Somalia--
            (1) is not seeking to establish a representative, 
        transparent, and democratically elected government of Somalia;
            (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.

SEC. 9. ESTABLISHMENT OF AN INTERNATIONAL DONOR TRUST FUND FOR SOMALIA.

    (a) Establishment.--Not later than 30 days after the date of the 
enactment of this Act, the President shall instruct the United States 
Permanent Representative to the United Nations to work with the 
appropriate United Nations agencies, regional organizations, 
nongovernmental organizations, and the broader international community 
to establish an International Donor Trust Fund for Somalia (in this 
section referred to as the ``Fund'') to be managed by the United 
Nations.
    (b) Purpose.--The purpose of the Fund shall be to carry out the 
following activities in Somalia:
            (1) Supporting long-term democratic governance and the 
        establishment of the rule of law in Somalia.
            (2) Rebuilding the infrastructure of Somalia, including 
        roads, ports, and airports, with particular focus on ensuring 
        all the people of Somalia have access to medical services, 
        clean water, and education.
            (3) Supporting disarmament, demobilization, rehabilitation, 
        and reintegration of ex-combatants, members of militias, and 
        criminal networks, including programs at the community level.
            (4) Nurturing public-private partnerships and 
        microenterprise development.
            (5) Improving the quality of life and investing in human 
        capital, specifically targeting education, health and disease 
        prevention, and housing.
            (6) Strengthening the rule of law through improved 
        efficiency and transparency in government services.
            (7) Reducing poverty and eliminating the exclusion of 
        marginalized populations in governance and economic structures 
        within Somalia, with particular attention to gender 
        inequalities.
    (c) Accountability.--
            (1) In general.--The United Nations Political Office for 
        Somalia (UNPOS) shall be held accountable for the transparent 
        and timely disbursement of the Fund's resources and for 
        monitoring the effectiveness of these contributions.
            (2) Annual report.--The United Nations Political Office for 
        Somalia shall submit to the United Nations Security Council and 
        donors and implementing partners of the Fund a report on the 
        specific programs, projects, and activities carried out by the 
        Fund during the preceding year, including an evaluation of the 
        results of such programs, projects, and activities.
    (d) Support Contingent on Progress.--The President shall 
temporarily withhold United States support for the assistance described 
in subsection (a) when future funding decisions are considered if the 
President, in consultation with the Secretary of State, determines that 
the Transitional Federal Government of Somalia or any regional 
authority in Somalia--
            (1) is not seeking to establish a representative, 
        transparent, and democratically elected government of Somalia;
            (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 countries that neighbor Somalia.
    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the President $50,000,000 for contributions to the Fund.
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) are 
        authorized to remain available until expended.

SEC. 10. INTERNATIONAL DONOR CONFERENCE.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State shall convene one or more 
donor conferences--
            (1) to gain commitments from other countries, multilateral 
        institutions, and nongovernmental organizations to provide 
        contributions to the International Donor Trust Fund for 
        Somalia;
            (2) to ensure that such commitments are honored in a timely 
        manner;
            (3) to ensure that there is coordination of assistance 
        among the United States and other countries, multilateral 
        institutions, and nongovernmental organizations; and
            (4) to ensure that the assistance provided to Somalia is 
        used for the purposes for which it was provided.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter, the Secretary of State 
shall prepare and submit to the appropriate congressional committees a 
report that describes the activities undertaken pursuant to subsection 
(a), including a description of amounts committed, and the amounts 
provided, to Somalia during the reporting period by each country and 
organization.

SEC. 11. RESTRICTION OF FOREIGN ASSISTANCE.

    (a) Report.--Not later than 180 days after the date of the 
enactment of this Act, the President, in consultation with the 
Secretary of State and the Director of National Intelligence, shall 
provide to the appropriate congressional committees a report that 
details the involvement of outside actors, states, or organizations in 
Somalia that seek to harm efforts to establish a legitimate, credible, 
democratic government in Somalia or to harm United States interests. 
The report shall include a description of negative outside influences, 
as well as motivations, sources of support, and types of support.
    (b) Restriction.--No United States assistance under the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the Agricultural Trade 
Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.), and the 
Arms Export Control Act (22 U.S.C. 2751 et seq.) shall be provided to 
countries that are identified in the report required under subsection 
(a) as overtly or covertly providing assistance to individuals, 
organizations, factions, militias, terrorist networks, or other 
entities that seek to destabilize, harm, or otherwise prevent the 
formation of a government of national unity in Somalia or harm United 
States interests.

SEC. 12. REPORT ON STABILIZATION AND RECONSTRUCTION EFFORTS IN SOMALIA.

    Not later than 60 days after the date of the enactment of this Act, 
and annually thereafter, the President shall submit to Congress a 
detailed report on the implementation of this Act, including a 
description of--
            (1) progress made as a result of stabilization and 
        reconstruction efforts in Somalia;
            (2) key challenges, gaps, and obstacles to further 
        enhancing stability and peace in Somalia; and
            (3) future funding needs through 2010 for stabilizing and 
        reconstructing Somalia.

SEC. 13. OFFSETS.

    The amounts authorized to be appropriated under this Act are offset 
as follows:
            (1) Of the unobligated balances available under the heading 
        ``Department of Justice, General Administration, Working 
        Capital Fund'', $2,500,000 is hereby rescinded.
            (2) Of the unobligated balances available under the heading 
        ```Department of Justice, Legal Activities, Assets, Forfeiture 
        Fund'', $170,000,000 shall be rescinded not later than 
        September 30, 2007.
            (3) Of the unobligated balances available under the heading 
        ``Department of Commerce, National Institute of Standards and 
        Technology, Industrial Technology Services'', $7,000,000 is 
        hereby rescinded.
            (4) Of the unobligated balances available under the heading 
        ``Maritime Administration National Defense Tank Vessel 
        Construction Program'', $74,000,000 is hereby rescinded.

SEC. 14. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations and the Committee on Appropriations of the 
        Senate and the Committee on Foreign Affairs and the Committee 
        on Appropriations of the House of Representatives.
            (2) Horn of africa region.--The term ``Horn of Africa 
        region'' means the region comprising Somalia, Djibouti, 
        Ethiopia, Kenya, and Eritrea.
                                 <all>