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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5194 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5194

  To impose sanctions against persons who knowingly provide material 
   support or resources to the Muslim Brotherhood or its affiliates, 
         associated groups, or agents, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2014

  Mrs. Bachmann (for herself, Mr. Roskam, Mr. Franks of Arizona, Mrs. 
   Lummis, Mr. Brady of Texas, Mr. Southerland, Mr. Gohmert, and Mr. 
   LaMalfa) 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 the Muslim Brotherhood or its affiliates, 
         associated groups, or agents, 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 ``Muslim Brotherhood Terrorist 
Designation Act of 2014''.

SEC. 2. SENSE OF CONGRESS ON DESIGNATION OF THE MUSLIM BROTHERHOOD AS A 
              FOREIGN TERRORIST ORGANIZATION.

    (a) Findings.--Congress finds the following:
            (1) The Muslim Brotherhood, Hizb al-Ikhwan al-Muslimin, was 
        founded in Egypt in 1928 by Hassan al-Banna. The organization 
        remains headquartered in Egypt but operates throughout the 
        world. The Muslim Brotherhood's motto remains to this day what 
        it has been for decades: ``Allah is our objective. The Prophet 
        is our leader. The Koran is our law. Jihad is our way. Dying in 
        the way of Allah is our highest hope. Allahu-Akbar! [Allah is 
        greater!]''.
            (2) Hassan al-Banna, in a book he called ``Jihad'', 
        instructed members: ``Jihad is an obligation from Allah on 
        every Muslim and cannot be ignored nor [sic] evaded. Allah has 
        ascribed great importance to jihad and has made the reward of 
        the martyrs and fighters in His way a splendid one. Only those 
        who have acted similarly and who have modeled themselves upon 
        the martyrs in their performance of jihad can join them in this 
        reward.''.
            (3) Hassan al-Banna added that ``fighting the unbelievers 
        involves all possible efforts that are necessary to dismantle 
        the power of the enemies of Islam including beating them, 
        plundering their wealth, destroying their places of worship, 
        and smashing their idols''.
            (4) Hassan al-Banna also taught that ``it is the nature of 
        Islam to dominate, not to be dominated'', and thus that the 
        mission of Islam, as interpreted and executed by the Muslim 
        Brotherhood, must be ``to impose its [i.e., Islam's] law on 
        nations and to extend its power to the entire planet''. While 
        al-Banna's plan for accomplishing this mission was 
        multifaceted, it centrally incorporated training for and the 
        execution of violent jihad--terrorist operations.
            (5) In the seminal 1969 book on the history of the Muslim 
        Brotherhood, ``The Society of Muslim Brothers'', University of 
        Michigan Professor Richard P. Mitchell explained al-Banna's 
        teachings on violent jihad: The certainty that jihad had this 
        physical connotation is evidenced by the relationship always 
        implied between it and the possibility, even the necessity, of 
        death and martyrdom. Death, as an important end of jihad, was 
        extolled by al-Banna in a phrase which came to be a famous part 
        of his legacy: ``[T]he art of death''. ``Death is art''. The 
        Koran has commanded people to love death more than life. Unless 
        ``the philosophy of the Koran on death'' replaces ``the love of 
        life'' which has consumed Muslims, then they will reach naught. 
        Victory can only come with the mastery of ``the art of death''. 
        The movement cannot succeed, al-Banna insists, without this 
        dedicated and unqualified kind of jihad.
            (6) This philosophy pervaded the Muslim Brotherhood's 
        prioritization of training for combat. Professor Mitchell 
        observed that it was ``the tone of the training which gave the 
        Society [i.e., the Muslim Brotherhood] its distinctive 
        qualities'', adding: If the Muslim Brothers were more 
        effectively violent than other groups on the Egyptian scene, it 
        was because militancy and martyrdom had been elevated to 
        central virtues in the Society's ethos. Its literature and 
        speeches were permeated with references identifying it and its 
        purposes in military terms. Al-Banna told members again and 
        again that they were ``the army of liberation, carrying on your 
        shoulders the message of liberation; you are the battalions of 
        salvation for this nation afflicted by calamity''.
            (7) Al-Banna's blueprint for revolution anticipated a final 
        stage of ``execution'' at which point the ``battalions'' the 
        Muslim Brotherhood had trained would ``conquer . . . every 
        obstinate tyrant''. This violent ideology continued to be part 
        of the Brotherhood's indoctrination in standard membership 
        texts, such as Sayyid Qutb's ``Milestones'' and Fathi Yakan's 
        ``To Be a Muslim''.
            (8) In Muslim Brotherhood organizations and chapters 
        throughout the world, including in the United States, al-
        Banna's originating philosophy continues to be taught.
            (9) In its earliest days, the Egyptian Muslim Brotherhood 
        established a terrorist wing (the ``secret apparatus'') that 
        conducted bombings and assassinations targeting foreigners and 
        government officials. The assassinations by the Muslim 
        Brotherhood of Judge Ahmed Al-Khazinder Bey in 1947 and Prime 
        Minister Mahmoud Al-Nuqrashi in 1948 prompted the first ban on 
        the organization in Egypt.
            (10) The United States has previously designated global 
        elements of the Muslim Brotherhood. The terrorist group Hamas, 
        which self-identifies as ``one of the wings of the Muslim 
        Brotherhood in Palestine,'' was designated as a foreign 
        terrorist organization by President William J. Clinton on 
        January 23, 1995, by Executive Order 12947, and later under 
        section 219(a) of the Immigration and Nationality Act (8 U.S.C. 
        1189(a)) by Secretary of State Madeline Albright on October 7, 
        1997.
            (11) The Kuwaiti Muslim Brotherhood's Lajnat al-Daawa al-
        Islamiya (``Islamic Call Committee'') was designated as a 
        foreign terrorist organization by President George W. Bush on 
        September 23, 2001, by Executive Order 13224 and later under 
        section 219(a) of the Immigration and Nationality Act (8 U.S.C. 
        1189(a)) by Secretary of State Colin Powell on January 9, 2003. 
        Reasons cited for the designation included Lajnat al-Daawa al-
        Islamiya being used as a financial conduit for Osama bin Laden 
        and Al-Qaeda, and its funding of terrorist groups in Chechnya 
        and Libya. Both Al-Qaeda operations chief Khalid Sheikh 
        Mohammed and World Trade Center bomber Ramzi Yousef held 
        positions with the organization.
            (12) Individual Muslim Brotherhood leaders have also been 
        designated on the list of Specially Designated Global 
        Terrorists, as established under the International Emergency 
        Economic Powers Act (50 U.S.C. 1701 et seq.) and initiated 
        under Executive Order 13224 (September 23, 2001), by the United 
        States. On February 2, 2004, the Department of the Treasury 
        designated Shaykh Abd-al-Majid Al-Zindani, a leader of the 
        Yemeni Muslim Brotherhood's Al-Islah political party. The 
        designation states that al-Zindani has a ``long history of 
        working with Bin Laden, serving as one of his spiritual 
        leaders,'' in addition to his activities in support of Al-
        Qaeda, including recruiting and procuring weapons. Al-Zindani 
        was also identified in a Federal lawsuit as a coordinator of 
        the October 2000 suicide attack targeting the U.S.S. Cole in 
        Aden, Yemen, that killed 17 United States Navy sailors, 
        including personally selecting the two suicide bombers. In 
        September 2012, al-Zindani reportedly called for his supporters 
        to kill United States Marines stationed at the United States 
        Embassy in Sana'a, Yemen.
            (13) Mohammad Jamal Khalifa, a veteran of the Soviet-Afghan 
        war, senior Muslim Brotherhood leader, and brother-in-law and 
        close confidant of Osama bin Laden was arrested in California 
        in December 1994 on charges related to the 1993 bombing of the 
        World Trade Center. Evidence was found at that time that linked 
        Khalifa to the planned Al-Qaeda Operation Bojinka plot that 
        included the bombing of 11 airplanes between Asia and the 
        United States. He was deported to Jordan in May 1995. Prior to 
        that time he operated an Islamic charity in the Philippines 
        that was accused of funneling money to the Abu Sayyef terrorist 
        group and laundering money for Bin Laden. He was sought again 
        by United States authorities in 2007, and an Interpol bulletin 
        was issued to several United States intelligence agencies. 
        Khalifa was killed four days later in Madagascar.
            (14) Sami Al-Hajj, an Al-Qaeda member and senior leader of 
        the Muslim Brotherhood's Shura Council, was imprisoned as a 
        detainee at the Department of Defense facility at Guantanamo 
        Bay, Cuba. He was captured by Pakistani forces near the 
        Afghanistan border in 2001 and transferred to United States 
        custody. He was detained for his work as a money and weapons 
        courier for Al-Qaeda. He reportedly worked directly with 
        Taliban commander Mullah Mohammad Omar to procure weapons, and 
        met with senior Afghan Muslim Brotherhood officials in mid-2001 
        to discuss the transfer of Stinger missiles from Afghanistan to 
        Chechnya.
            (15) According to a May 1995 report by the United States 
        House of Representatives Task Force on Terrorism and 
        Unconventional Warfare, a series of conferences hosted by 
        Sudanese Muslim Brotherhood leader Hassan al-Turabi in 
        Khartoum, Sudan during October 1994 and March to April 1995 
        featured representatives from virtually every Islamic terrorist 
        organization in the world. The conferences included 
        representatives from Iranian intelligence, Hezbollah, 
        Palestinian Islamic Jihad, Egyptian Islamic Jihad, the Algerian 
        AIS and GIA, as well as leaders from the international Muslim 
        Brotherhood, the Muslim Brotherhood in the Gulf Countries, 
        Hamas (the Palestinian Muslim Brotherhood), the Islamic Action 
        Front (Jordanian Muslim Brotherhood), and Ennahdha (the 
        Tunisian Muslim Brotherhood). Osama bin Laden was present at 
        the conferences. The parties agreed to launch a terrorism 
        offensive beginning in 1995, with targets including United 
        States interests and personnel in the Middle East and attacks 
        inside the United States homeland.
            (16) In December 2002 a multiple vehicle borne improvised 
        explosive device (VBIED) suicide attack targeting a four-story 
        building in Grozny killed 57 people. Russian counterterrorism 
        officials claimed the attack was ordered and coordinated by 
        Chechen warlord Shamil Basayev and Abu Walid, an official with 
        the Muslim Brotherhood. They further claimed that days before 
        the bombing the pair met near Grozny to plan this and other 
        attacks. Russian officials also identified the international 
        Muslim Brotherhood network as financing the Chechen rebels. In 
        2003, the Russian Supreme Court banned the Muslim Brotherhood, 
        describing it as a terrorist organization.
            (17) Before the Committee on Banking, Housing, and Urban 
        Affairs of the Senate in October 2003, Richard Clarke, former 
        National Coordinator for Security and Counterterrorism for 
        Presidents William J. Clinton and George W. Bush, testified to 
        the extent that terrorist organizations continued to operate 
        inside the United States and the connection to the Muslim 
        Brotherhood networks: ``Dating back to the 1980's, Islamist 
        terrorist networks have developed a sophisticated and 
        diversified financial infrastructure in the United States. In 
        the post September 11th environment, it is now widely known 
        that every major Islamist terrorist organization, from Hamas to 
        Islamic Jihad to Al Qida, has leveraged the financial resources 
        and institutions of the United States to build their 
        capabilities. We face a highly developed enemy in our mission 
        to stop terrorist financing. While the overseas operations of 
        Islamist terrorist organizations are generally segregated and 
        distinct, the opposite holds in the United States. The issue of 
        terrorist financing in the United States is a fundamental 
        example of the shared infrastructure levered by Hamas, Islamic 
        Jihad and Al Qida, all of which enjoy a significant degree of 
        cooperation and coordination within our borders. The common 
        link here is the extremist Muslim Brotherhood--all of these 
        organizations are descendants of the membership and ideology of 
        the Muslim Brothers.''.
            (18) One of the examples cited by Richard Clarke in his 
        testimony before the Committee on Banking, Housing, and Urban 
        Affairs of the Senate was the case of Soliman Biheiri, who ran 
        an investment firm specializing in Islamically-permissible 
        investments, the Secaucus, New Jersey-based BMI Incorporated. 
        BMI Incorporated offered a range of financial services for the 
        Muslim community, and invested in businesses and real estate. 
        According to Federal prosecutors, among the shareholders of BMI 
        Incorporated were Al-Qaeda financier Yassin Al-Qadi and top 
        Hamas leader Mousa Abu Marzook--two Specially Designated Global 
        Terrorists. Both Qadi and Marzook operated separate businesses 
        out of the offices of BMI Incorporated that also did business 
        with BMI Incorporated. Other BMI Incorporated investors 
        included Abdullah bin Laden, nephew of Osama bin laden, and 
        Tarek Swaidan, a Kuwaiti Muslim Brotherhood leader. In a 
        September 2003 detention hearing, Federal prosecutors described 
        Biheiri as ``the U.S. banker for the Muslim Brotherhood,'' and 
        stating that ``the defendant came here as the Muslim 
        Brotherhood's financial toehold in the U.S.''. Biheiri was 
        convicted on Federal immigration charges on October 9, 2003.
            (19) The fact that the international Muslim Brotherhood 
        engages in terrorism financing inside the United States was 
        attested to by then-FBI Director Robert Mueller, who testified 
        before the Permanent Select Committee on Intelligence of the 
        House of Representatives in February 2011, and responded to a 
        question about the Muslim Brotherhood's networks and agenda in 
        the United States: ``I can say at the outset that elements of 
        the Muslim Brotherhood both here and overseas have supported 
        terrorism. To the extent that I can provide information, I 
        would be happy to do so in closed session. But it would be 
        difficult to do in open session.''.
            (20) In the Holy Land Foundation (HLF) prosecutions--the 
        largest terrorism financing trial in United States history--
        Department of Justice officials successfully argued in court 
        that the international Muslim Brotherhood and its United States 
        affiliates had engaged in a wide-spread conspiracy to raise 
        money and materially support the terrorist group Hamas. HLF 
        officials charged in the case were found guilty on all counts 
        in November 2008, primarily related to millions of dollars that 
        had been transferred to Hamas. During the trial and in court 
        documents, Federal prosecutors implicated a number of prominent 
        United States-Islamic organizations in this conspiracy, 
        including the Islamic Society of North America (ISNA), the 
        North American Islamic Trust (NAIT), and the Council on 
        American-Islamic Relations (CAIR). These groups and their 
        leaders, among others, were named as unindicted co-conspirators 
        in the case. The Department of Justice told the court that 
        these United States-Muslim Brotherhood affiliates acted at the 
        direction of the international Muslim Brotherhood to support 
        terrorism in a July 2008 court filing: ``ISNA and NAIT, in 
        fact, shared more with HLF than just a parent organization. 
        They were intimately connected with the HLF and its assigned 
        task of providing financial support to HAMAS. Shortly after 
        HAMAS was founded in 1987, as an outgrowth of the Muslim 
        Brotherhood, Govt. Exh. 21-61, the International Muslim 
        Brotherhood ordered the Muslim Brotherhood chapters throughout 
        the world to create Palestine Committees, whose job it was to 
        support HAMAS with `media, money and men'. Govt. Exh. 3-15. The 
        U.S.-Muslim Brotherhood created the U.S. Palestine Committee, 
        which document reflect was initially comprised of three 
        organizations: the OLF (HLF), the IAP, and the UASR. CAIR was 
        later added to these organizations. Govt. Exh. 3-78 (listing 
        IAP, HLF, UASR and CAIR as part of the Palestine Committee, and 
        stating that there is `[n]o doubt America is the ideal location 
        to train the necessary resources to support the Movement 
        worldwide...'). The mandate of these organizations, per the 
        International Muslim Brotherhood, was to support HAMAS, and the 
        HLF's particular role was to raise money to support HAMAS' 
        organizations inside the Palestinian territories. Govt. Exh. 3-
        17 (objective of the Palestine Committee is to support 
        HAMAS).''.
            (21) In September 2010 the Supreme Guide of the Muslim 
        Brotherhood, Mohamed Badie, delivered a weekly sermon mirroring 
        the ideological themes of Al-Qaeda's August 1996 declaration of 
        war against the United States. Calling on Arab and Muslim 
        regimes to confront not just Israel, but also the United 
        States, he declared that ``Resistance is the only solution 
        against the Zio-American arrogance and tyranny.'' This 
        ``resistance'' can only come from fighting and understanding 
        ``that the improvement and change that the [Muslim] nation 
        seeks can only be attained through jihad and sacrifice and by 
        raising a jihadi generation that pursues death just as the 
        enemies pursue life''. He also predicted the imminent downfall 
        of the United States, saying ``The U.S. is now experiencing the 
        beginning of its end, and is heading towards its demise.''.
            (22) The August 14, 2013, clearing of Muslim Brotherhood 
        protests in Egypt resulted in attacks by Muslim Brotherhood 
        supporters targeting the Coptic Christian community. Attacks 
        included 70 churches and more than 1,000 homes and businesses 
        of Coptic Christian families torched in the ensuing violence. 
        During the Muslim Brotherhood protests, there were repeated 
        reports of direct incitement towards the Copts from leading 
        Muslim Brotherhood figures, and since the protest dispersal 
        this targeting of the Christian community continues in official 
        statements on Muslim Brotherhood social media outlets and from 
        its leadership. As the United States Commission on 
        International Religious Freedom (USCIRF) has previously noted, 
        this terror campaign by the Muslim Brotherhood is not a new 
        development. Over the past decade violence by the Muslim 
        Brotherhood has been directed at the Coptic community. As the 
        USCIRF observed in its 2003 Annual Report: ``Coptic Christians 
        face ongoing violence from vigilante Muslim extremists, 
        including members of the Muslim Brotherhood, many of whom act 
        with impunity.''.
    (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) The Muslim Brotherhood 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 the Muslim Brotherhood as a foreign terrorist 
        organization.
    (d) Report.--If the Secretary of State does not designate the 
Muslim Brotherhood as a foreign terrorist organization under section 
219 of the Immigration and Nationality Act 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 THE MUSLIM BROTHERHOOD OR ITS 
              AFFILIATES, ASSOCIATED GROUPS, OR AGENTS.

    (a) Sanctions.--
            (1) In general.--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 the Muslim Brotherhood 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) Inadmissibility 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 the Muslim 
        Brotherhood or its affiliates, associated groups, or agents.
            (2) Removal.--Any alien who is a member or representative 
        of the Muslim Brotherhood or its affiliates, associated groups, 
        or agents may be removed from the United States in the same 
        manner as an alien who is inadmissible under sections 
        212(a)(3)(B)(i)(IV) or (V).
    (c) Funds.--Any United States financial institution (as defined 
under section 5312 of title 31, United States Code) that knowingly has 
possession of or control over funds in which the Muslim Brotherhood 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.
                                 <all>
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