II 

113TH CONGRESS 

1ST SESSION S. 198 

To require a report on the designation of Boko Haram as a foreign terrorist 

organization, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 31, 2013 

Mr. RISCH (for himself, Mr. CHAMBLISS, Mr. COBURN, Mr. BURR, Mr. 

RUBIO, Mr. MORAN, Ms. AYOTTE, and Mr. COATS) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To require a report on the designation of Boko Haram 

as a foreign terrorist organization, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Boko Haram Terrorist 

5 Designation Act of 2013’’. 

6 SEC. 2. REPORT ON DESIGNATION OF BOKO HARAM AS A 

7 FOREIGN TERRORIST ORGANIZATION. 

8 (a) FINDINGS.—Congress finds the following: 


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•S 198 IS

1 (1) On August 26, 2011, a vehicle borne explo2 sive device (VBIED) was detonated after being driv3 en into the lobby of a United Nations facility in 

4 Abuja, Nigeria. At least 21 people died as a result 

5 of the explosion, and the Islamist militant organiza6 tion commonly called ‘‘Boko Haram’’ claimed re7 sponsibility. 

8 (2) On December 25, 2011, a series of bombs 

9 were detonated across northern Nigeria. Some of 

10 these attacks killed worshippers attending Christmas 

11 Day services, and killed an estimated total of 41 

12 people. Boko Haram claimed responsibility. 

13 (3) From their inception, Boko Haram has 

14 killed hundreds of innocent civilians and has contin15 ually enhanced its lethality, pledging to continue its 

16 use of terrorist tactics. In a July 2010 statement, 

17 Boko Haram’s leader, Abubakar Shekau, issued sup18 port to al Qaeda and made threatening remarks to 

19 the United States. 

20 (4) On January 31, 2012, in testimony before 

21 Congress, Director of National Intelligence James 

22 Clapper included Boko Haram in his worldwide 

23 threat assessment, stating, ‘‘There are also fears 

24 that Boko Haram—elements of which have engaged 

25 al-Qa’ida in the Islamic Maghreb (AQIM)—is interVerDate Mar 15 2010 03:05 Feb 08, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S198.IS S198

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1 ested in hitting Western targets, such as the U.S. 

2 Embassy and hotels frequented by Westerners.’’. 

3 (5) On February 23, 2012, United States Am4 bassador to Nigeria Terrence P. McCulley indicated 

5 Boko Haram’s danger was expanding. He said, 

6 ‘‘We’ve seen an increase in sophistication, we’ve seen 

7 increased lethality. We saw at last a part of the 

8 group has decided it’s in their interest to attack the 

9 international community.’’. 

10 (6) On February 27, 2012, at a conference held 

11 by the African Society of the National Summit on 

12 Africa, former United States Ambassador to Nigeria 

13 Howard F. Jeter described Boko Haram by saying, 

14 ‘‘It is a terrorist group. If you kill 28 innocent peo15 ple worshipping in a church, it is a terrorist group.’’. 

16 (7) The Foreign Office of the United Kingdom 

17 of Great Britain and Northern Ireland, a major 

18 United States ally, publicly refers to Boko Haram as 

19 the ‘‘main terrorist threat in Nigeria’’. 

20 (b) REPORT.— 

21 (1) IN GENERAL.—Not later than 30 days after 

22 the date of the enactment of this Act, the Secretary 

23 of State shall, in consultation with the intelligence 

24 community, submit to the appropriate congressional 

25 committees— 


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1 (A) a detailed report on whether the Nige2 rian organization named ‘‘People Committed to 

3 the Propagation of the Prophet’s Teachings and 

4 Jihad’’ (commonly known as ‘‘Boko Haram’’ 

5 and by other aliases, including Ansaru and 

6 Jama’atu Ahlis Sunna Lidda’awati Wal-Jihad), 

7 meets the criteria for designation as a foreign 

8 terrorist organization under section 219 of the 

9 Immigration and Nationality Act (8 U.S.C. 

10 1189); and 

11 (B) if the Secretary of State determines 

12 that Boko Haram does not meet such criteria, 

13 a detailed justification as to which criteria have 

14 not been met. 

15 (2) FORM.—The report required by paragraph 

16 (1) shall be submitted in unclassified form, but may 

17 include a classified annex if appropriate. 

18 (3) DEFINITIONS.—In this subsection: 

19 (A) APPROPRIATE CONGRESSIONAL COM20 MITTEES.—The term ‘‘appropriate congres21 sional committees’’ means— 

22 (i) the Committee on Homeland Secu23 rity and Governmental Affairs, the Com24 mittee on Armed Services, the Committee 


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1 on Foreign Relations, and the Select Com2 mittee on Intelligence of the Senate; and 

3 (ii) the Committee on Homeland Se4 curity, the Committee on Armed Services, 

5 the Committee on Foreign Affairs, and the 

6 Permanent Select Committee on Intel7 ligence of the House of Representatives. 

8 (B) INTELLIGENCE COMMUNITY.—The 

9 term ‘‘intelligence community’’ has the meaning 

10 given that term in section 3(4) of the National 

11 Security Act of 1947 (50 U.S.C. 401a(4)). 

12 SEC. 3. SENSE OF CONGRESS. 

13 It is the sense of Congress that Boko Haram meets 

14 the criteria for designation as a foreign terrorist organiza15 tion under section 219 of the Immigration and Nationality 

16 Act (8 U.S.C. 1189) and should be designated as such. 

17 SEC. 4. RULE OF CONSTRUCTION. 

18 Nothing in this Act may be construed to infringe 

19 upon the sovereignty of the Government of Nigeria to com20 bat militant or terrorist groups operating inside the 

21 boundaries of Nigeria. 

Æ 


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