I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Somalia Comprehensive Peace and Economic Recovery 

6 Act of 2005’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 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. 
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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. 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) In 1991, General Mohamed Siad Barre, 

4 who came to power in Somalia through a military 

5 coup in 1969, was ousted from power by several So6 mali armed groups. 

7 (2) Following the collapse of central authority 

8 in Mogadishu, the capital, rival Somali groups en9 gaged in armed struggle for personal political power 

10 and prevented food and medicine from reaching in11 nocent civilians suffering from drought and famine. 

12 An estimated 300,000 people died from violence, 

13 starvation, and disease as Somalia was wracked by 

14 continued internal chaos. 

15 (3) On November 9, 1992, President George 

16 H.W. Bush authorized Operation Restore Hope, 

17 using the United States Armed Forces to safeguard 

18 nongovernmental organizations and their efforts to 

19 provide humanitarian assistance to the suffering So20 mali civilian population. The United States-led Uni21 fied Task Force (UNITAF), formed to establish a 

22 safe environment for the delivery of humanitarian 
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1 assistance in Somalia, saved lives and helped create 

2 a relatively peaceful environment for humanitarian 

3 activity in Somalia. 

4 (4) In May 1993, UNITAF handed over its op5 erations to the United Nations. The subsequent 

6 United Nations effort was known as the United Na7 tions Operation in Somalia (UNOSOM). The relative 

8 success of UNITAF gave the people of Somalia hope 

9 for peace and stability, although the United States10 led operation failed to disarm the armed factions in 

11 Mogadishu and other parts of Somalia. 

12 (5) On October 3, 1993, after a seventeen-hour 

13 battle between United States Armed Forces and So14 mali factions in Mogadishu in which 18 United 

15 States Army Rangers and hundreds of Somalis were 

16 killed, President Clinton ordered the withdrawal of 

17 United States troops from Somalia. In March 1994, 

18 United States Armed Forces withdrew from Soma19 lia, and one year later, the United Nations withdrew 

20 the remaining peacekeepers after a series of attacks 

21 on peacekeeping troops by Somali armed factions. 

22 (6) Since the withdrawal of United Nations 

23 forces in March 1995, Somalia has been without a 

24 central government. The small East African country 

25 once again descended into lawlessness. Since then, 
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1 Somalia has been splintered into several regions con2 trolled by clan-led administrations. 

3 (7) According to the United Nations, an esti4 mated 400,000 Somalis have been internally dis5 placed and more than 300,000 have fled their coun6 try. Somali children are 26 times more likely to die 

7 before their 5th birthday than children in the devel8 oped world. More than one in ten infants die before 

9 the age of one year. Infant mortality is the 10th 

10 highest in the world. The country has one of the 

11 highest incidences of tuberculosis in the world. 

12 Meanwhile, cholera epidemics are rampant. 

13 (8) There have been 13 Somali reconciliation or 

14 peace conferences to bring an end to the fighting in 

15 Somalia. Some conferences were under the auspices 

16 of or supported by the United Nations, or govern17 ments in the Horn of Africa. These efforts have 

18 largely failed to bring about lasting peace in Soma19 lia. 

20 (9) In 1996, the Government of Ethiopia con21 vened a peace conference in the resort town of 

22 Sodere. Many political actors and armed factions 

23 participated, although a few boycotted the peace 

24 conference. The Sodere peace conference collapsed 

25 when the Government of Egypt convened another 
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1 Somali peace conference in Cairo in 1997. The Cairo 

2 peace conference failed when another peace con3 ference was convened by Somali factions in Bosaso, 

4 Somalia in 1998. 

5 (10) In February 2000, the Inter-Governmental 

6 Authority for Development (IGAD) approved a 

7 peace plan proposed by the Government of Djibouti. 

8 In May 2000, the Somali reconciliation conference 

9 opened in Arta, Djibouti, in which 400 delegates 

10 took part for several months of deliberation. The 

11 Arta process was boycotted by several powerful war12 lords, as well as the government of Somaliland, the 

13 current government located in the northwest region 

14 of Somalia, and the government of Puntland, the 

15 current government based in the self-declared north16 east region of Somalia. 

17 (11) On August 13, 2000, participants at the 

18 Arta conference agreed to the creation of a Transi19 tional National Government and a Transitional Na20 tional Assembly for Somalia. On August 26, 2000, 

21 participants nominated Abdulqassim Salad Hasan as 

22 president of the Transitional National Government. 

23 (12) In October 2002, the Inter-Governmental 

24 Authority for Development launched another peace 

25 process, led by the Government of Kenya. An esti-
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1 mated 350 delegates from different regions of Soma2 lia participated in the opening session of the con3 ference in the Kenyan town of Eldoret. The Govern4 ment of Somaliland boycotted the conference. 

5 (13) In the first phase of the Kenyan peace 

6 process, the parties signed a temporary cease-fire, 

7 and agreed to respect and honor the outcome of the 

8 conference. The parties further agreed to establish a 

9 federal system of government for Somalia and com10 mitted themselves to fight terrorism. 

11 (14) In September 2003, the parties to the 

12 Kenyan peace process agreed on a Transitional Na13 tional Charter for Somalia, paving the way for a na14 tional unity government for Somalia. 

15 (15) In August 2004, a new Somali Transi16 tional Parliament was inaugurated in Kenya. The 

17 275-member parliament consists of the major polit18 ical factions in Somalia and is representative of all 

19 the major clans of Somalia. 

20 (16) In October 2004, the Somali Transitional 

21 Parliament elected Abdullahi Yusuf Ahmed as the 

22 new president of Somalia. The swearing in ceremony 

23 was attended by 11 heads of government from Afri24 ca and representatives from regional organizations 

25 and the United Nations. 
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1 (17) In November 2004, President Abdullahi 

2 Yusuf Ahmed appointed Professor Ali Mohamed 

3 Gedi as the Prime Minister of Somalia. 

4 (18) The Government of Kenya has and con5 tinues to play key roles through its Special Envoy 

6 for Somalia, Ambassador Kiplagat, in an effort to 

7 achieve a lasting peace in Somalia. 

8 (19) The Governments of Djibouti and Ethiopia 

9 are important players in the Somali peace process 

10 and their continued cooperation and coordination 

11 with the regional effort is important to ensuring 

12 peace in Somalia. 

13 SEC. 3. STATEMENT OF POLICY. 

14 It is the policy of the United States to support the 

15 people of Somalia to achieve lasting peace, democracy, rule 

16 of law, respect for human rights, broad-based economic 

17 recovery and growth, and eradicate radicalism and ter18 rorism from their country and the region. 

19 SEC. 4. FIGHTING TERRORISM AND EXTREMISM IN SOMA20 LIA. 

21 (a) FINDINGS.—Congress finds the following: 

22 (1) Since the collapse of central authority in 

23 Somalia in 1991, Somalia continues to attract ter24 rorist and extremist groups, posing serious threats 

25 to regional stability and peace. Terrorists who car-
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1 ried out the United States Embassy bombings in 

2 Kenya and Tanzania in August 1998 and the bomb3 ing of the Paradise Hotel in Mombasa, Kenya, in 

4 November 2002 reportedly used Somalia as a base 

5 of operation. 

6 (2) The United States Government, in its in7 dictment against Osama bin Laden and his associ8 ates for the United States Embassy bombings in 

9 Kenya and Tanzania in August 1998 stated that ‘‘at 

10 various times from or about 1992 until in or about 

11 1993, the defendant Osama bin Laden, working to12 gether with members of the Fatwah committee of 

13 Al-Qaeda, disseminated Fatwahs to other members 

14 and associates of Al-Qaeda that the United States 

15 forces in the Horn of Africa, including Somalia, 

16 should be attacked’’. 

17 (3) In late September 2001, the United States 

18 Government added Al-Ittihad to a list of terrorism19 related entities whose assets were ordered frozen by 

20 executive order. The United States Government also 

21 ordered the assets of the Somali-owned al-Barakaat 

22 company frozen because of its alleged links to Al23 Qaeda. 

24 (4) Many experts believe that Somalia is still 

25 being used by terrorist groups as a transit or safe 
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1 haven, contributing to the destabilization of the East 

2 Africa region. 

3 (5) In June 2003, President George W. Bush 

4 announced a $100,000,000 East Africa Counter 

5 Terrorism Initiative to close the capabilities gap in 

6 combating terrorism and to reduce East Africa’s 

7 vulnerabilities to terrorism. 

8 (6) The United States Government welcomes 

9 the commitment of the Transitional National Gov10 ernment of Somalia to fight terrorism and extre11 mism. It is in the interest of the peoples of Somalia 

12 and the United States to ensure terrorist groups are 

13 denied safe haven in Somalia and the region. 

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that— 

16 (1) the United States should assist the people 

17 of Somalia to establish a democratic government 

18 that is committed and able to fight terrorism and 

19 extremism; 

20 (2) the United States should provide training 

21 and support to the Transitional National Govern22 ment of Somalia to fight terrorism and extremism; 

23 and 

24 (3) strengthening civil society and grassroots 

25 efforts in Somalia will deny terrorist and extremists 
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1 groups a fertile ground for recruitment in that coun2 try. 

3 SEC. 5. SUPPORTING PEACE, DEMOCRACY, AND STABILITY 

4 IN SOMALILAND. 

5 (a) FINDINGS.—Congress finds the following: 

6 (1) In May 1991, the Republic of Somaliland, 

7 located in the northwest region of Somalia, declared 

8 independence from Somalia. The Republic of 

9 Somaliland has not been recognized as an inde10 pendent country, despite its persistent efforts over 

11 the past decade. 

12 (2) Since its declaration of independence, 

13 Somaliland has been relatively stable and peaceful, 

14 despite occasional inter-clan conflicts. 

15 (3) In December 2002, the people of 

16 Somaliland voted in local elections, which were mon17 itored by international observers. The elections were 

18 deemed by these observers as free and fair. 

19 (4) In April 2003, Dahir Rayale Kahin was 

20 elected president of Somaliland in a highly-competi21 tive presidential election, which was monitored by 

22 international observers. 

23 (b) STATEMENT OF POLICY.—Congress recognizes 

24 and welcomes the many achievements over the past decade 

25 by the people and government of Somaliland, including in-
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1 creased enrollment in primary schools, relative peace and 

2 stability, and economic recovery. 

3 (c) SENSE OF CONGRESS.—It is the sense of Con4 gress that the political future of Somaliland should be re5 solved through a peaceful, negotiated process between the 

6 government of Somaliland and the Transitional National 

7 Government of Somalia. 

8 SEC. 6. INVESTIGATION OF WAR CRIMES AND CRIMES 

9 AGAINST HUMANITY IN SOMALIA. 

10 (a) FINDINGS.—Congress finds the following: 

11 (1) According to human rights groups, the 

12 United Nations, and the international media, more 

13 than 500,000 people may have died as a result fam14 ine, disease, and war-related causes in Somalia. 

15 Many of these victims are civilians, especially chil16 dren and the elderly. 

17 (2) Hundreds of thousands of innocent civilians 

18 in Somalia have been displaced or forced into ref19 ugee camps as a direct result of the brutal campaign 

20 of violence against civilians by Somalia’s warlords. 

21 (3) Millions of children in Somalia have been 

22 deprived of basic health care and education due to 

23 violence and general instability instigated by Soma24 lia’s warlords. 
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1 (b) DECLARATIONS OF POLICY.—Congress declares 

2 the following: 

3 (1) War crimes and crimes against humanity 

4 have been committed against innocent civilians over 

5 the past decade by Somali warlords in many parts 

6 of Somalia. 

7 (2) Individuals responsible for war crimes and 

8 crimes against humanity should be held accountable 

9 for their actions. 

10 (c) INTERNATIONAL COMMISSION OF INQUIRY.—The 

11 President is authorized to seek the establishment of an 

12 international commission of inquiry to investigate war 

13 crimes, crimes against humanity, and other violations of 

14 human rights and international humanitarian law in So15 malia. In carrying out this subsection, the President 

16 should instruct the Permanent United States Representa17 tive to the United Nations to use the voice and vote of 

18 the United States to seek the establishment of an inter19 national commission described in the preceding sentence. 

20 (d) STUDY AND REPORT.— 

21 (1) STUDY.—The Secretary of State shall con22 duct an annual study of acts which may constitute 

23 war crimes, crimes against humanity, and other vio24 lations of human rights and international humani25 tarian law by armed factions in all areas of Somalia 
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1 since the collapse of central authority in Somalia in 

2 1991. 

3 (2) REPORT.—Not later than 180 days after 

4 the date of the enactment of this Act and annually 

5 thereafter, the Secretary of State shall submit to 

6 Congress a detailed report that contains the results 

7 of the study conducted under paragraph (1), includ8 ing a list of warlords who are responsible for crimes 

9 against humanity in Somalia, a strategy for holding 

10 the warlords accountable, including freezing finances 

11 and restricting travel, and a determination by the 

12 Secretary of the impact of such measures on the 

13 peace process in Somalia. 

14 (e) AUTHORIZATION OF APPROPRIATIONS.— 

15 (1) IN GENERAL.—There are authorized to be 

16 appropriated to the President to carry out this sec17 tion $5,000,000 for fiscal year 2006 and such sums 

18 as may be necessary for each of the fiscal years 

19 2007 and 2008. 

20 (2) AVAILABILITY.—Amounts appropriated pur21 suant to the authorization of appropriations under 

22 paragraph (1) are— 

23 (A) authorized to remain available until ex24 pended; and 
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1 (B) in addition to funds otherwise available 

2 for such purposes. 

3 SEC. 7. BILATERAL ASSISTANCE TO SUPPORT PEACE AND 

4 DEMOCRACY IN SOMALIA. 

5 (a) ASSISTANCE.—The President is authorized to— 

6 (1) support efforts for a peaceful resolution of 

7 the conflict in Somalia as well as the establishment 

8 of a representative form of government in Somalia; 

9 (2) continue to encourage the participation of 

10 all groups, including women, traditional and reli11 gious leaders, and minority clans historically 

12 marginalized by the major clans of Somalia, in ef13 forts for a peaceful resolution of the conflict in So14 malia as well as the establishment of a representa15 tive form of government in Somalia; and 

16 (3) encourage Inter-Governmental Authority for 

17 Development (IGAD) mediators to insist on broader 

18 participation in the new government of Somalia. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.— 

20 (1) IN GENERAL.—There are authorized to be 

21 appropriated to the President to carry out this sec22 tion $40,000,000 for each of the fiscal years 2006, 

23 2007, and 2008. 
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1 (2) AVAILABILITY.—Amounts appropriated pur2 suant to the authorization of appropriations under 

3 paragraph (1) are— 

4 (A) authorized to remain available until ex5 pended; and 

6 (B) in addition to funds otherwise available 

7 for such purposes. 

8 SEC. 8. MULTILATERAL EFFORTS TO SUPPORT PEACE AND 

9 DEMOCRACY IN SOMALIA. 

10 It is the sense of Congress that— 

11 (1) the international community should assist 

12 the people of Somalia to achieve lasting peace, pro13 mote human rights and the rule of law, and provide 

14 financial assistance in support of peace and eco15 nomic development in Somalia; 

16 (2) the African Union and the United Nations 

17 should consider the deployment of peacekeepers in 

18 support of peace and democracy in Somalia; 

19 (3) the United Nations should consider the de20 ployment of human rights monitors throughout So21 malia to ensure respect for human rights and the 

22 rule of law during the transition period; 

23 (4) the United Nations should maintain and 

24 fully enforce the arms embargo on Somalia; 
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1 (5) the United Nations should assist in the de2 mobilization, reintegration, and resettlement of mili3 tia groups in Somalia; and 

4 (6) the United Nations should assist in the re5 settlement of Somalia’s internally displaced persons 

6 and refugees. 

7 SEC. 9. SANCTIONS TO SUPPORT PEACE AND HUMAN 

8 RIGHTS IN SOMALIA. 

9 (a) DETERMINATION.—If, at any time beginning on 

10 or after the date of the enactment of this Act, the Presi11 dent determines that the Transitional National Govern12 ment of Somalia or any regional authority in Somalia— 

13 (1) is not honoring the peace agreement or is 

14 not fully implementing the agreement in good faith, 

15 (2) is not cooperating in counterterrorism ef16 forts, 

17 (3) is not respecting basic human rights and 

18 the rule of law, or 

19 (4) is engaged in unnecessary conflicts inside 

20 Somalia or with its neighbors, 

21 the President shall impose the sanctions described in sub22 section (b). 

23 (b) SANCTIONS.—The sanctions described in this 

24 subsection are the following: 
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1 (1) Denial of visas and entry into the United 

2 States to senior officials of the Transitional National 

3 Government of Somalia and each regional authority 

4 in Somalia, including senior military officers. 

5 (2) Such action as may be necessary to impose 

6 a sanctions regime to freeze funds or assets of offi7 cials described in paragraph (1) at United States fi8 nancial institutions, subject to such terms and condi9 tions as the President determines to be appropriate. 

10 (3) Withholding the provision of United States 

11 assistance for Somalia, other than United States hu12 manitarian assistance. 

13 (c) WAIVER.—The President may waive the require14 ment to impose sanctions under this section if the Presi15 dent determines that it is in the national security interest 

16 of the United States to do so and transmits to Congress 

17 a report that contains the reasons for the determination. 

18 SEC. 10. ASSISTANCE FOR LOCAL EFFORTS TO PROMOTE 

19 HUMAN RIGHTS, THE RULE OF LAW, AND DE20 MOCRACY IN SOMALIA. 

21 (a) SENSE OF CONGRESS.—It is the sense of Con22 gress that— 

23 (1) respect for human rights and the rule of 

24 law should remain a high priority in United States 

25 policy toward Somalia; and 
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1 (2) the United States should work with the peo2 ple of Somalia, other countries, and international or3 ganizations to ensure that sufficient resources and 

4 technical support are devoted to the demobilization 

5 and reintegration of warlords and their forces into 

6 Somali civil society. 

7 (b) ASSISTANCE.—The President is authorized to 

8 provide assistance for local efforts to promote human 

9 rights, the rule of law, and democracy in Somalia. 

10 (c) AUTHORIZATION OF APPROPRIATIONS.— 

11 (1) IN GENERAL.—There are authorized to be 

12 appropriated to the President to carry out this sec13 tion $5,000,000 for each of the fiscal years 2006, 

14 2007, and 2008. 

15 (2) AVAILABILITY.—Amounts appropriated pur16 suant to the authorization of appropriations under 

17 paragraph (1) are— 

18 (A) authorized to remain available until ex19 pended; and 

20 (B) in addition to funds otherwise available 

21 for such purposes. 

22 SEC. 11. REPORT. 

23 Not later than 180 days after the date of the enact24 ment of this Act and annually thereafter, the President 
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1 shall transmit to Congress a detailed report on the imple2 mentation of this Act. 

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