[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6069 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 6069
To require a report on the designation of Pakistan as a state sponsor
of terrorism, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 20, 2016
Mr. Poe of Texas (for himself and Mr. Rohrabacher) introduced the
following bill; which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To require a report on the designation of Pakistan as a state sponsor
of terrorism, and for other purposes.
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 State Sponsor of Terrorism
Designation Act''.
SEC. 2. REPORT ON DESIGNATION OF PAKISTAN AS A STATE SPONSOR OF
TERRORISM.
(a) Findings.--Congress finds the following:
(1) Following the September 11, 2001, terrorist attacks,
al-Qaeda leaders and the Afghan Taliban fled Afghanistan to
Pakistan and settled in the Federally Administered Tribal Areas
(FATA). Joint Task Force Guantanamo threat assessments
subsequently revealed that Pakistan's Inter-Services
Intelligence (ISI) facilitated al-Qaeda's movement of fighters
to and from Afghanistan as well as the terrorist organization's
purchase of weapons.
(2) The Government of Pakistan, and the ISI in particular,
provide support and a safe haven to groups designated as
foreign terrorist organizations pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189) by the United
States Government. Then Chairman of the United States Joint
Chiefs of Staff Admiral Mike Mullen testified in 2011 that
``the Haqqani Network . . . acts as a veritable arm of
Pakistan's Inter-Services Intelligence agency. With ISI
support, Haqqani operatives planned and conducted'' various
attacks against United States personnel and interests in
Afghanistan, including a 2011 attack on the United States
Embassy in Kabul.
(3) The founder and leader of al-Qaeda, Osama bin Laden,
was found and killed in the Pakistani military town of
Abbottabad in 2011. The Government of Pakistan subsequently
condemned the raid that killed the terrorist leader and
continues to imprison Dr. Shakil Afridi, the Pakistani doctor
who played an instrumental role in identifying Osama bin
Laden's hiding place.
(4) A 2012 NATO report indicated that the Afghan Taliban is
directly assisted by the Pakistani security services and noted
that ``Pakistan's manipulation of the Taliban senior leadership
continues [unabated]''. The report also suggested that Pakistan
is aware of the locations of senior Taliban leaders, including
one who maintained a residence in the immediate vicinity of the
ISI headquarters in Islamabad.
(5) The leader of the Afghan Taliban, Mullah Akhtar
Mansour, was located in southwestern Pakistan at the time of
his death by a United States drone strike on May 21, 2016.
Pakistan's Baluchistan Province has long been a haven for the
Afghan Taliban, and the group's top leadership is headquartered
in the city of Quetta in Baluchistan Province.
(6) The Department of State's 2016 Country Reports on
Terrorism noted that Pakistan ``did not take substantial action
against the Afghan Taliban or HQN (the Haqqani Network), or
substantially limit their ability to threaten United States
interests in Afghanistan''. The report also stated that
``Pakistan has not taken sufficient action against other
externally-focused groups such as Laskar-e-Tayyiba (LeT) and
Jaish-e-Mohammad (JeM), which continued to cooperate, train,
organize, and fundraise in Pakistan''. Moreover, since passage
of Carl Levin and Howard P. `Buck' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291),
the Secretary of Defense has been unable to certify that
Pakistan has taken adequate action against the Haqqani Network
in accordance with section 1222(f) of such Act.
(7) Pakistan has not taken steps to demonstrate its
commitment to prevent the Haqqani Network from using North
Waziristan as a safe haven, nor has it shown progress in
arresting and prosecuting Haqqani Network senior leaders and
mid-level operatives.
(b) Reports.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President, acting through the
Secretary of State and in consultation with the heads of other
appropriate Federal departments and agencies, shall submit to
the appropriate congressional committees a report that
determines whether--
(A)(i) with respect to each of the acts described
in paragraphs (1) through (7) of subsection (a), the
Government of Pakistan, including any agents or
instrumentalities of such Government, directly or
indirectly, committed, conspired to commit, attempted,
aided, or abetted any such act; or
(ii) the Government of Pakistan, including any
agents or instrumentalities of such Government,
directly or indirectly, committed, conspired to commit,
attempted, aided, or abetted any act not referred to in
clause (i) that constitutes an act of international
terrorism; and
(B) any such act referred to in subparagraph (A)(i)
constitutes an act of or support for international
terrorism.
(2) Follow-up.--Not later than 30 days after the submission
of the report required under paragraph (1), the Secretary of
State shall determine if any act referred to in such paragraph
constitutes support for international terrorism and shall
submit to the appropriate congressional committees a report
that contains--
(A) a determination that the Government of Pakistan
is a state sponsor of terrorism; or
(B) a detailed justification as to why the conduct
described in the report required under such paragraph
does not meet the legal criteria for such a
determination.
(c) Form.--The reports required by subsection (b) shall be
submitted in unclassified form, but may include a classified annex, if
appropriate.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs of the House
of Representatives; and
(B) the Committee on Foreign Relations of the
Senate.
(2) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means a country the government of which the
Secretary of State has determined, for purposes of section 6(j)
of the Export Administration Act of 1979 (50 U.S.C. 4605(j))
(as continued in effect pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.)), section 620A of
the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 40
of the Arms Export Control Act (22 U.S.C. 2780), or any other
provision of law, is a government that has repeatedly provided
support for acts of international terrorism.
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