Boko Haram Terrorist Designation Act of 2013

Summary: Boko Haram Terrorist Designation Act of 2013 - Expresses the sense of Congress that Boko Haram has met the criteria for designation as a foreign terrorist organization, and the Secretary of State should so designate Boko Haram.  Provides that if the Secretary does not designate Boko Haram as a foreign terrorist organization within 60 days the Secretary shall submit a report to Congress that contains the reasons therefor. Directs the President, in concert with applicable Nigerian law, to subject to sanctions any person in the United States or subject to U.S. jurisdiction who knowingly provides material support or resources to Boko Haram or its affiliates, associated groups, or agents. Prohibits the Secretary from issuing any visa to, and directs the Secretary of Homeland Security (DHS) to deny U.S. entry to, any member or representative of Boko Haram or its affiliates, associated groups, or agents.  Requires under certain circumstances, the removal from the United States of any alien who is a member or representative of Boko Haram or its affiliates, associated groups, or agents.  Requires any U.S. financial institution that knowingly has possession of or control over funds in which Boko Haram or its affiliates, associated groups, or agents have an interest to: (1) retain possession of or control over the funds, and (2) report the funds to the Office of Foreign Assets Control of the Department of the Treasury.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Boko Haram Terrorist Designation Act 
of 2013''.

SEC. 2. SENSE OF CONGRESS ON DESIGNATION OF BOKO HARAM AS A FOREIGN 
              TERRORIST ORGANIZATION.

    (a) Findings.--Congress finds the following:
            (1) The Congregation and People of Tradition for 
        Proselytism and Jihad, or more popularly known under its Hausa 
        name Boko Haram (``Western education is sinful.''), is a 
        Nigerian jihadist organization based in the northeastern part 
        of that country.
            (2) Since its founding in 2001, Boko Haram reportedly has 
        been responsible for the deaths of more than 10,000 persons, 
        mostly Nigerians. This group has been officially designated by 
        the Government of the Federal Republic of Nigeria as a 
        terrorist organization, along with another group--Jama'atu 
        Ansarul Muslimina Fi Biladis Sudan--under section 2 of 
        Nigeria's Terrorism Prevention Act of 2011 (as amended).
            (3) Boko Haram claimed responsibility for the August 26, 
        2011, bombing of the United Nations Building in Abuja in which 
        21 persons were killed and another 60 were injured.
            (4) In testimony before the Senate Select Committee on 
        Intelligence on January 31, 2012, Director of National 
        Intelligence James Clapper said Boko Haram ``is interested in 
        hitting targets, such as the U.S. Embassy and hotels frequented 
        by Westerners.''
            (5) On February 23, 2012, United States Ambassador to 
        Nigeria Terrance P. McCulley said that Boko Haram's danger was 
        expanding and that at least part of the group ``has decided 
        it's in their interest to attack the international 
        community.''.
    (b) Criteria.--Section 219(a)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1189(a)(1)) provides the 3 criteria for the designation 
of an organization as a Foreign Terrorist Organization:
            (1) The organization must be a foreign organization.
            (2) The organization must engage in terrorist activity, as 
        defined in section 212(a)(3)(B) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(a)(3)(B)), or terrorism, as 
        defined in section 140(d)(2) of the Foreign Relations 
        Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 
        2656f(d)(2)), or retain the capability and intent to engage in 
        terrorist activity or terrorism.
            (3) The organization's terrorist activity or terrorism must 
        threaten the security of United States nationals or the 
        national security (national defense, foreign relations, or the 
        economic interests) of the United States.
    (c) Sense of Congress.--It is the sense of Congress that--
            (1) Boko Haram has met the criteria for designation as a 
        Foreign Terrorist Organization under section 219 of the 
        Immigration and Nationality Act (as described in subsection 
        (b)); and
            (2) the Secretary of State, in consultation with the 
        Attorney General and the Secretary of the Treasury, should 
        exercise the Secretary of State's statutory authority and 
        designate Boko Haram as a Foreign Terrorist Organization.
    (d) Report.--If the Secretary of State does not designate Boko 
Haram as a Foreign Terrorist Organization within 60 days after the date 
of the enactment of this Act, the Secretary of State shall submit to 
Congress a report that contains the reasons therefor.

SEC. 3. SANCTIONS AGAINST PERSONS WHO KNOWINGLY PROVIDE MATERIAL 
              SUPPORT OR RESOURCES TO BOKO HARAM OR ITS AFFILIATES, 
              ASSOCIATED GROUPS, OR AGENTS.

    (a) Sanctions.--
            (1) In general.--In concert with applicable Nigerian law 
        regarding Boko Haram or its affiliates, associated groups, or 
        agents, the President shall subject to all available sanctions 
        any person in the United States or subject to the jurisdiction 
        of the United States who knowingly provides material support or 
        resources to Boko Haram or its affiliates, associated groups, 
        or agents.
            (2) Definition.--In this paragraph, the term ``material 
        support or resources'' has the meaning given such term in 
        section 2339A(b)(1) of title 18, United States Code.
    (b) Inadmissability and Removal.--
            (1) Inadmissability.--Notwithstanding any other provision 
        of law, the Secretary of State may not issue any visa to, and 
        the Secretary of Homeland Security shall deny entry to the 
        United States of, any member or representative of Boko Haram or 
        its affiliates, associated groups, or agents.
            (2) Removal.--In certain circumstances, any alien who is a 
        member or representative of Boko Haram or its affiliates, 
        associated groups, or agents shall be removable from the United 
        States as provided for in sections 212(a)(3)(B)(i)(IV) or (V) 
        and 237(a)(1)(A) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)(3)(B)(i)(IV) or (V) and 1227(a)(1)(A)).
    (c) Funds.--Any United States financial institution that knowingly 
has possession of or control over funds in which Boko Haram or its 
affiliates, associated groups, or agents have an interest shall retain 
possession of or control over the funds and report the funds to the 
Office of Foreign Assets Control of the Department of the Treasury.