[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5734 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 5734
To provide compensation for the deadly acts by elements of the
Pakistani military and intelligence services against United States
citizens.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 10, 2012
Mr. Rohrabacher introduced the following bill; which was referred to
the Committee on Foreign Affairs, and in addition to the Committee on
Armed Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide compensation for the deadly acts by elements of the
Pakistani military and intelligence services against United States
citizens.
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 ``Pakistan Terrorism Accountability
Act of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Pakistan, through the Inter-Services Intelligence (ISI)
organization, maintains control and influence in Afghanistan
through militant Islamic networks, such as the Haqqani Network,
in order to secure its strategic position and expand its sphere
of influence, not only in Afghanistan, but also in Kashmir and
against India.
(2) A 2011 report published by the Combating Terrorism
Center at West Point states that during the 1980s: ``[T]he
Pakistani state has long been a core sponsor and beneficiary of
the Haqqani network. During the 1980s Jalaluddin [Haqqani]
quickly rose to be one of the ISI's most favored field
commanders and the support he provided would have a significant
impact upon Pakistan's security establishment and the jihad in
Kashmir in the years to follow . . . Yet, Pakistan's favored
Afghan proxy is also the very same actor that has served as al-
Qaida's primary local enabler for over two decades. Given the
ISI's historical sponsorship of the Haqqani network, it is
highly unlikely that Pakistan has not been aware of this
history.''.
(3) The Government of Pakistan, including the ISI
Directorate, has long supported the Haqqani Network, including
by supporting the following:
(A) Attacks on the United States Embassy in Kabul
and NATO Headquarters on September 12, 2011.
(B) Attack on the Combat Post Sayed Abad, Wardak
Province, Afghanistan, on September 10, 2011.
(C) Attack on the Hotel-Intercontinental Kabul on
June 28, 2011.
(D) Attack on the Kabul Bank on February 19, 2011.
(E) Continued attacks on United States-funded road
construction projects across Afghanistan.
(F) Attack on Forward Operating Base Chapman on
December 30, 2009.
(G) Attack on Forward Operating Base Salerno on May
13, 2009.
(H) Attack on the Khost Governor's office on May
12, 2009.
(I) Attack on Forward Operating Base Salerno on May
13, 2009.
(J) Attacks on the Afghan Ministries of Justice,
Education, and Prison Directorate on February 11, 2009.
(K) Attack on the Germany Embassy in Kabul in
January 2009.
(L) Attack on Afghan Intelligence Headquarters,
Khost, in December 2008.
(M) Kidnapping of journalist David Rohde on
November 10, 2008.
(N) Bombing of the Indian Embassy in Kabul on July
7, 2008.
(O) Assassination attempt on Hamid Karzai on April
27, 2008.
(P) Kidnapping of British journalist Sean Langan in
March 2008.
(Q) Attack on Sabari district center in Khost on
March 3, 2008.
(R) Attack on Kabul Serena Hotel on January 14,
2008.
(4) On September 17, 2011, the Voice of America reported
that ``The United States has suspected Pakistan's intelligence
agency has ties to the Haqqani network and other militant
groups in Afghanistan but rarely says so publicly. The U.S. and
NATO have blamed the Haqqani network for attacks on U.S. and
NATO troops and on U.S. targets, including the September 13
strike against the U.S. Embassy in Kabul.''.
(5) Former Chairman of the Joint Chiefs of Staff, Admiral
Mike Mullen, stated that ``with ISI support, Haqqani operatives
planned and conducted that truck bomb attack, as well as the
assault on our embassy [in September 2011] . . . We also have
credible evidence that they were behind the June 28th attack
against the Inter-Continental Hotel in Kabul and a host of
other smaller but effective operations.''. Mullen continued
``the Haqqani network acts as a veritable arm of Pakistan's
Inter-Services Intelligence agency.''.
(6) Admiral Mike Mullen was quoted in Dawn, a major English
language newspaper in Pakistan, that ``It's fairly well known
that the ISI has a longstanding relationship with the Haqqani
network . . . Haqqani is supporting, funding, training fighters
that are killing Americans and killing coalition partners.''.
(7) On April 19, 2012, the Associated Press reported that
the United States Ambassador to Afghanistan, Ryan Crocker,
stated that there is ``no question'' that the Haqqani network
was behind this week's brazen attacks on Kabul and other
eastern cities and said Pakistan needs to do more to clamp down
on the group's safe havens and that ``There is no question in
our mind that the Haqqanis were responsible for these
attacks.''. Crocker also stated that ``We know where their
leadership lives and we know where these plans are made.
They're not made in Afghanistan. They're made in Miram Shah,
which is in North Waziristan, which is in Pakistan.''.
SEC. 3. STATEMENT OF POLICY.
It shall be the policy of the United States to limit United States
foreign assistance to Pakistan if Pakistan's military or intelligence
services continue to support or provide assistance to organizations
that target United States citizens.
SEC. 4. LIMITATION ON UNITED STATES FOREIGN ASSISTANCE TO PAKISTAN.
(a) Limitation.--Of the amounts made available for assistance to
Pakistan for fiscal year 2013 or any subsequent fiscal year, the
President shall withhold $50,000,000 for each United States citizen who
is killed as a result of actions of Pakistan's Inter-Services
Intelligence (ISI) or support provided by the ISI to other
organizations or individuals, including the Haqqani Network.
(b) Certification.--The Secretary of Defense shall, not later than
the first day of each month of the fiscal years described in subsection
(a), certify to Congress the number of United States citizens who,
during the immediately preceding month, have been killed as a result of
actions or support described in subsection (a).
(c) Fund.--Amounts withheld pursuant to subsection (a) shall,
notwithstanding any other provision of law, be administered by the
Department of Defense and made available on an equitable basis to
provide payments to survivors of United States citizens described in
subsection (a).
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