II 110th CONGRESS 1st Session S. 492 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.

1.

Short title

This Act may be cited as the Somalia Stabilization and Reconstruction Act of 2007.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.