[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1959 Enrolled Bill (ENR)]
S.1959
One Hundred Twelfth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
An Act
To require a report on the designation of the Haqqani Network as a
foreign terrorist organization 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 ``Haqqani Network Terrorist
Designation Act of 2012''.
SEC. 2. REPORT ON DESIGNATION OF THE HAQQANI NETWORK AS A FOREIGN
TERRORIST ORGANIZATION.
(a) Findings.--Congress makes the following findings:
(1) A report of the Congressional Research Service on relations
between the United States and Pakistan states that ``[t]he
terrorist network led by Jalaluddin Haqqani and his son Sirajuddin,
based in the FATA, is commonly identified as the most dangerous of
Afghan insurgent groups battling U.S.-led forces in eastern
Afghanistan''.
(2) The report further states that, in mid-2011, the Haqqanis
undertook several high-visibility attacks in Afghanistan. First, a
late June assault on the Intercontinental Hotel in Kabul by 8
Haqqani gunmen and suicide bombers left 18 people dead. Then, on
September 10, a truck bomb attack on a United States military base
by Haqqani fighters in the Wardak province injured 77 United States
troops and killed 5 Afghans. A September 13 attack on the United
States Embassy compound in Kabul involved an assault that sparked a
20-hour-long gun battle and left 16 Afghans dead, 5 police officers
and at least 6 children among them.
(3) The report further states that ``U.S. and Afghan officials
concluded the Embassy attackers were members of the Haqqani
network''.
(4) In September 22, 2011, testimony before the Committee on
Armed Services of the Senate, Chairman of the Joint Chiefs of Staff
Admiral Mullen stated that ``[t]he Haqqani network, for one, acts
as a veritable arm of Pakistan's Inter-Services Intelligence
agency. With ISI support, Haqqani operatives plan and conducted
that [September 13] truck bomb attack, as well as the assault on
our embassy. We also have credible evidence they were behind the
June 28th attack on the Intercontinental Hotel in Kabul and a host
of other smaller but effective operations''.
(5) In October 27, 2011, testimony before the Committee on
Foreign Affairs of the House of Representatives, Secretary of State
Hillary Clinton stated that ``we are taking action to target the
Haqqani leadership on both sides of the border. We're increasing
international efforts to squeeze them operationally and
financially. We are already working with the Pakistanis to target
those who are behind a lot of the attacks against Afghans and
Americans. And I made it very clear to the Pakistanis that the
attack on our embassy was an outrage and the attack on our forward
operating base that injured 77 of our soldiers was a similar
outrage.''.
(6) At the same hearing, Secretary of State Clinton further
stated that ``I think everyone agrees that the Haqqani Network has
safe havens inside Pakistan; that those safe havens give them a
place to plan and direct operations that kill Afghans and
Americans.''.
(7) On November 1, 2011, the United States Government added
Haji Mali Kahn to a list of specially designated global terrorists
under Executive Order 13224. The Department of State described Khan
as ``a Haqqani Network commander'' who has ``overseen hundreds of
fighters, and has instructed his subordinates to conduct terrorist
acts.'' The designation continued, ``Mali Khan has provided support
and logistics to the Haqqani Network, and has been involved in the
planning and execution of attacks in Afghanistan against civilians,
coalition forces, and Afghan police''. According to Jason Blazakis,
the chief of the Terrorist Designations Unit of the Department of
State, Khan also has links to al-Qaeda.
(8) Five other top Haqqani Network leaders have been placed on
the list of specially designated global terrorists under Executive
Order 13224 since 2008, and three of them have been so placed in
the last year. Sirajuddin Haqqani, the overall leader of the
Haqqani Network as well as the leader of the Taliban's Mira shah
Regional Military Shura, was designated by the Secretary of State
as a terrorist in March 2008, and in March 2009, the Secretary of
State put out a bounty of $5,000,000 for information leading to his
capture. The other four individuals so designated are Nasiruddin
Haqqani, Khalil al Rahman Haqqani, Badruddin Haqqani, and Mullah
Sangeen Zadran.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Haqqani Network meets the criteria for designation as a
foreign terrorist organization as set forth in section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189); and
(2) the Secretary of State should so designate the Haqqani
Network as a foreign terrorist organization under such section 219.
(c) Report.--
(1) Report required.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of State shall submit to
the appropriate committees of Congress--
(A) a detailed report on whether the Haqqani Network meets
the criteria for designation as a foreign terrorist
organization as set forth in section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189); and
(B) if the Secretary determines that the Haqqani Network
does not meet the criteria set forth under such section 219, 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.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on the Judiciary, and the
Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on the Judiciary, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(d) Construction.--Nothing in this Act may be construed to infringe
upon the sovereignty of Pakistan to combat militant or terrorist groups
operating inside the boundaries of Pakistan.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.