1.This Act may be cited as the
Pakistan Terrorism Accountability Act
of 2012
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2.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.
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(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.
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(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.
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(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.
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3.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.
4.Limitation on
United States foreign assistance to Pakistan
(a)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)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)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).