Ansar al-Sharia Terrorist Designation Act of 2013

Summary: Ansar al-Sharia Terrorist Designation Act of 2013 - Directs the Secretary of State to report to Congress on whether the Libyan faction of Ansar al-Sharia meets the criteria for designation as a foreign terrorist organization, and if not, a detailed justification as to which criteria have not been met.  Expresses the sense of Congress that the Libyan faction of Ansar al-Sharia should be designated as a foreign terrorist organization.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ansar al-Sharia Terrorist 
Designation Act of 2013''.

SEC. 2. REPORT ON DESIGNATION OF THE LIBYAN FACTIONS OF ANSAR AL-SHARIA 
              AS A FOREIGN TERRORIST ORGANIZATION.

    (a) Findings.--Congress finds the following:
            (1) Ansar al-Sharia Benghazi first announced itself in 
        February 2012. The group is led by Muhammad al-Zahawi, who had 
        previously been an inmate of former President Muammar al-
        Qaddafi's infamous Abu Salim prison.
            (2) On August 6, 2013, the Department of Justice filed 
        sealed criminal charges against Ahmed Abu Khattalah, a senior 
        commander within Libya's Islamist militia Ansar al-Sharia. 
        According to the Wall Street Journal, Mr. Abu Khattalah was 
        seen at the United States consulate in Benghazi during the 
        September 11, 2012, attack that killed United States Ambassador 
        Christopher Stevens, Sean Smith, Tyrone Woods, and Glen 
        Doherty.
            (3) On October 17, 2012, the New York Times reported that 
        Libyan authorities named Ahmed Abu Khattalah as a commander in 
        the September 11, 2012, attack on the United States consulate 
        in Benghazi.
            (4) On August 8, 2013, the Washington Institute for Near 
        East Peace issued a report in which it highlights Ansar al-
        Sharia's establishment of training camps in Libya for jihadists 
        preparing to fight with extremist rebels in Syria.
            (5) Abu Sufian Bin Qumu, leader of the Ansar al-Sharia 
        faction in Darnah, Libya, is a former Guantanamo Bay inmate 
        with close al-Qaeda ties. Bin Qumu was an associate of Usama 
        bin Laden and is believed to maintain connections to senior al-
        Qaeda members.
            (6) According to a report published by the Library of 
        Congress in August 2012, Ansar al-Sharia ``has increasingly 
        embodied al Qaeda's presence in Libya, as indicated by its 
        active social-media propaganda, extremist discourse, and hatred 
        of the West, especially the United States''.
            (7) According to a report published by the Library of 
        Congress in August 2012, al-Qaeda's senior leadership in 
        Pakistan has dispatched operatives to Libya to establish a 
        clandestine terrorist network there. The report concluded that 
        al-Qaeda is on the verge of a fully operational network inside 
        Libya, and Ansar al-Sharia is one of the brands employed by al 
        Qaeda operatives.
    (b) Report.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Secretary of State shall, in 
        consultation with the intelligence community, submit to the 
        appropriate congressional committees--
                    (A) a detailed report on whether the Libyan faction 
                of Ansar al-Sharia, meets the criteria for designation 
                as a foreign terrorist organization under section 219 
                of the Immigration and Nationality Act (8 U.S.C. 1189); 
                and
                    (B) if the Secretary of State determines that the 
                Libyan faction of Ansar al-Sharia does not meet such 
                criteria, a detailed justification as to which criteria 
                have not been met.
            (2) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex if appropriate.
            (3) Definitions.--In this subsection:
                    (A) Appropriate congressional committees.--The term 
                ``appropriate congressional committees'' means--
                            (i) the Committee on Homeland Security and 
                        Governmental Affairs, the Committee on Armed 
                        Services, the Committee on Foreign Relations, 
                        and the Select Committee on Intelligence of the 
                        Senate; and
                            (ii) the Committee on Homeland Security, 
                        the Committee on Armed Services, the Committee 
                        on Foreign Affairs, and the Permanent Select 
                        Committee on Intelligence of the House of 
                        Representatives.
                    (B) Intelligence community.--The term 
                ``intelligence community'' has the meaning given that 
                term in section 3(4) of the National Security Act of 
                1947 (50 U.S.C. 401a(4)).

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that the Libyan faction of Ansar al-
Sharia meets the criteria for designation as a foreign terrorist 
organization under section 219 of the Immigration and Nationality Act 
(8 U.S.C. 1189) and should be designated as such.

SEC. 4. RULE OF CONSTRUCTION.

    Nothing in this Act may be construed to infringe upon the 
sovereignty of the Government of Libya to combat militant or terrorist 
groups operating inside the boundaries of Libya.