I 

113TH CONGRESS 

1ST SESSION H. R. 3209 

To impose sanctions against persons who knowingly provide material support 

or resources to Boko Haram or its affiliates, associated groups, or 

agents, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 27, 2013 

Mr. SMITH of New Jersey (for himself and Mr. MEEHAN) introduced the following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Committees on Foreign Affairs and Financial Services, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To impose sanctions against persons who knowingly provide 

material support or resources to Boko Haram or its 

affiliates, associated groups, or agents, 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’’. 

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1 SEC. 2. SENSE OF CONGRESS ON DESIGNATION OF BOKO 

2 HARAM AS A FOREIGN TERRORIST ORGANI3 ZATION. 

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

5 (1) The Congregation and People of Tradition 

6 for Proselytism and Jihad, or more popularly known 

7 under its Hausa name Boko Haram (‘‘Western edu8 cation is sinful.’’), is a Nigerian jihadist organization 

9 based in the northeastern part of that country. 

10 (2) Since its founding in 2001, Boko Haram re11 portedly has been responsible for the deaths of more 

12 than 10,000 persons, mostly Nigerians. This group 

13 has been officially designated by the Government of 

14 the Federal Republic of Nigeria as a terrorist orga15 nization, along with another group—Jama’atu 

16 Ansarul Muslimina Fi Biladis Sudan—under section 

17 2 of Nigeria’s Terrorism Prevention Act of 2011 (as 

18 amended). 

19 (3) Boko Haram claimed responsibility for the 

20 August 26, 2011, bombing of the United Nations 

21 Building in Abuja in which 21 persons were killed 

22 and another 60 were injured. 

23 (4) In testimony before the Senate Select Com24 mittee on Intelligence on January 31, 2012, Direc25 tor of National Intelligence James Clapper said 

26 Boko Haram ‘‘is interested in hitting targets, such 

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1 as the U.S. Embassy and hotels frequented by West2 erners.’’ 

3 (5) On February 23, 2012, United States Am4 bassador to Nigeria Terrance P. McCulley said that 

5 Boko Haram’s danger was expanding and that at 

6 least part of the group ‘‘has decided it’s in their in7 terest to attack the international community.’’. 

8 (b) CRITERIA.—Section 219(a)(1) of the Immigration 

9 and Nationality Act (8 U.S.C. 1189(a)(1)) provides the 

10 3 criteria for the designation of an organization as a For11 eign Terrorist Organization: 

12 (1) The organization must be a foreign organi13 zation. 

14 (2) The organization must engage in terrorist 

15 activity, as defined in section 212(a)(3)(B) of the 

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

17 1182(a)(3)(B)), or terrorism, as defined in section 

18 140(d)(2) of the Foreign Relations Authorization 

19 Act, Fiscal Years 1988 and 1989 (22 U.S.C. 

20 2656f(d)(2)), or retain the capability and intent to 

21 engage in terrorist activity or terrorism. 

22 (3) The organization’s terrorist activity or ter23 rorism must threaten the security of United States 

24 nationals or the national security (national defense, 

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1 foreign relations, or the economic interests) of the 

2 United States. 

3 (c) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) Boko Haram has met the criteria for des6 ignation as a Foreign Terrorist Organization under 

7 section 219 of the Immigration and Nationality Act 

8 (as described in subsection (b)); and 

9 (2) the Secretary of State, in consultation with 

10 the Attorney General and the Secretary of the 

11 Treasury, should exercise the Secretary of State’s 

12 statutory authority and designate Boko Haram as a 

13 Foreign Terrorist Organization. 

14 (d) REPORT.—If the Secretary of State does not des15 ignate Boko Haram as a Foreign Terrorist Organization 

16 within 60 days after the date of the enactment of this Act, 

17 the Secretary of State shall submit to Congress a report 

18 that contains the reasons therefor. 

19 SEC. 3. SANCTIONS AGAINST PERSONS WHO KNOWINGLY 

20 PROVIDE MATERIAL SUPPORT OR RE21 SOURCES TO BOKO HARAM OR ITS AFFILI22 ATES, ASSOCIATED GROUPS, OR AGENTS. 

23 (a) SANCTIONS.— 

24 (1) IN GENERAL.—In concert with applicable 

25 Nigerian law regarding Boko Haram or its affiliates, 

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1 associated groups, or agents, the President shall 

2 subject to all available sanctions any person in the 

3 United States or subject to the jurisdiction of the 

4 United States who knowingly provides material sup5 port or resources to Boko Haram or its affiliates, 

6 associated groups, or agents. 

7 (2) DEFINITION.—In this paragraph, the term 

8 ‘‘material support or resources’’ has the meaning 

9 given such term in section 2339A(b)(1) of title 18, 

10 United States Code. 

11 (b) INADMISSABILITY AND REMOVAL.— 

12 (1) INADMISSABILITY.—Notwithstanding any 

13 other provision of law, the Secretary of State may 

14 not issue any visa to, and the Secretary of Home15 land Security shall deny entry to the United States 

16 of, any member or representative of Boko Haram or 

17 its affiliates, associated groups, or agents. 

18 (2) REMOVAL.—In certain circumstances, any 

19 alien who is a member or representative of Boko 

20 Haram or its affiliates, associated groups, or agents 

21 shall be removable from the United States as pro22 vided for in sections 212(a)(3)(B)(i)(IV) or (V) and 

23 237(a)(1)(A) of the Immigration and Nationality 

24 Act (8 U.S.C. 1182(a)(3)(B)(i)(IV) or (V) and 

25 1227(a)(1)(A)). 

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1 (c) FUNDS.—Any United States financial institution 

2 that knowingly has possession of or control over funds in 

3 which Boko Haram or its affiliates, associated groups, or 

4 agents have an interest shall retain possession of or con5 trol over the funds and report the funds to the Office of 

6 Foreign Assets Control of the Department of the Treas7 ury. 

Æ 

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