[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).
                                 <all>