[Congressional Record (Bound Edition), Volume 158 (2012), Part 8]
[House]
[Pages 11435-11437]
[From the U.S. Government Publishing Office, www.gpo.gov]




           HAQQANI NETWORK TERRORIST DESIGNATION ACT OF 2012

  Mr. GRIFFIN of Arkansas. Mr. Speaker, I move to suspend the rules and 
pass the bill (S. 1959) to require a report on the designation of the 
Haqqani Network as a foreign terrorist organization and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the amendment is as follows:

       Amendment:
       Strike out all after the enacting clause and insert:

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arkansas (Mr. Griffin) and the gentleman from Florida (Mr. Deutch) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Arkansas.


                             General Leave

  Mr. GRIFFIN of Arkansas. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days within which to revise and 
extend their remarks and include extraneous materials on S. 1959, as 
amended, currently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arkansas?
  There was no objection.
  Mr. GRIFFIN of Arkansas. Mr. Speaker, I yield myself such time as I 
my consume.
  I thank my Senate colleague, Mr. Burr of North Carolina, and chairman 
of the House Intelligence Committee, Mr. Rogers of Michigan, for their 
work on this issue.
  This bill directs the Secretary of State to submit a report to 
Congress detailing whether the Haqqani Network meets the criteria for 
designation as a foreign terrorist organization according to current 
Federal law. If the Secretary determines that the Haqqani Network does 
not meet the criteria, the Secretary shall provide a detailed 
justification as to which criteria have not been met. The bill also 
provides a sense of Congress that the Secretary of State should 
designate the network as a foreign terrorist organization.
  The Haqqani Network is an insurgent group fighting against U.S.-led 
NATO forces and the Government of Afghanistan. Maulvi Jalaluddin 
Haqqani and

[[Page 11436]]

his son lead the network, which is now based in Pakistan but operates 
on both sides of the Afghanistan-Pakistan border.
  For about 2 years, the Pakistani Government has sought to facilitate 
a compromise between the Haqqani Network and the Government of 
Afghanistan. However, the network has close links with al Qaeda and is 
believed to provide al Qaeda operatives with safe haven in Haqqani-
controlled areas. The Pakistani Government is believed to be the only 
entity with the influence to bring the Haqqani Network to the 
negotiating table.
  The Obama administration has been considering formally designating 
the Haqqani Network as a foreign terrorist organization under U.S. law, 
but has yet to act. Seven Haqqani leaders have been under U.S. 
sanctions since 2008; and in 2011, Secretary Clinton designated 
operational commander Badruddin Haqqani under Executive Order 13224, 
thereby blocking movement of his assets, but not those of the umbrella 
Haqqani Network.
  Since 2008, several attacks have been linked or attributed to the 
Haqqani Network. In addition to kidnappings of journalists and bombings 
of hotels and embassies, the Haqqani Network is blamed for the attacks 
on the U.S. Embassy and nearby NATO bases in Kabul in September 2011. 
U.S. Ambassador Ryan Crocker blamed the Haqqani Network for the 19-hour 
Kabul attack which killed four police officers, three coalition 
soldiers, and four civilians. Two dozen more soldiers and civilians 
were injured.
  The Obama administration insists on negotiating with the Haqqani 
Network despite unsuccessful attempts in the past. Secretary Clinton 
has indicated that these negotiations may be necessary again in order 
to establish sustainable peace in Afghanistan. However, the Haqqani 
Network has been permitted to evade designation as a foreign terrorist 
organization. Congress' frustration with the Obama administration's 
overdue review of the Haqqani Network is clearly evidenced by this 
legislation.
  According to U.S. military commanders, the Haqqani Network is highly 
resilient and is one of the biggest threats to the U.S.-led NATO forces 
and the Afghan Government in the current war in Afghanistan. This 
straightforward legislation simply directs the Secretary of State to 
analyze whether the Haqqani Network meets the standards for designation 
as a foreign terrorist organization under Federal law and report those 
findings back to Congress. It also expresses the sense of Congress that 
the Haqqani Network should be designated as a foreign terrorist 
network. The bill does not, however, require that the President 
designate the Haqqani Network as a foreign terrorist organization. This 
is a carefully limited bill, and, as I noted earlier, similar 
legislation was passed by the Senate without opposition.
  I urge my colleagues to support this bipartisan, bicameral 
legislation, and I reserve the balance of my time.

                                         House of Representatives,


                                 Committee on foreign Affairs,

                                    Washington, DC, July 16, 2012.
     Hon. Lamar Smith,
     Chairman, Committee on the Judiciary,
     Washington, DC.
       Dear Mr. Chairman: I am writing concerning S. 1959, the 
     ``Haqqani Network Terrorist Designation Act of 2012,'' which 
     is scheduled to be considered by the House this week.
       As you know, pursuant to House Rule X, the Committee on 
     Foreign Affairs maintains jurisdiction over matters 
     concerning foreign relations, the U.S. diplomatic service, 
     and the protection of Americans abroad. The Office of the 
     Parliamentarian has indicated that S. 1959, which concerns 
     the Secretary of State's designation of the Pakistan-based 
     Haqqani Network as a Foreign Terrorist Organization under 
     U.S. law, implicates Foreign Affairs jurisdiction.
       In order to expedite Floor consideration of this bill, the 
     Foreign Affairs Committee will forego consideration of this 
     measure. This is being done with the understanding that it 
     does not in any way prejudice the Committee with respect to 
     the appointment of conferees, or its jurisdictional 
     prerogatives on this or similar legislation in the future.
       I would appreciate your response to this letter, confirming 
     this understanding with respect to S. 1959, and ask that a 
     copy of our exchange of letters on this matter be included in 
     the Congressional Record during Floor consideration of the 
     bill.
           Sincerely,
                                               Ileana Ros-Lehtinen
     Chairman.
                                  ____

                                         House of Representatives,


                                   Committee on the Judiciary,

                                    Washington, DC, July 16, 2012.
     Hon. Ileana Ros-Lehtinen,
     Chairman, Committee on Foreign Affairs,
     Washington, DC.
       Dear Chairman Ros-Lehtinen: Thank you for your letter of 
     even date herewith regarding S. 1959, the ``Haqqani Network 
     Terrorist Designation Act of 2012,'' which was referred to 
     the Committee on the Judiciary on December 19, 2011.
       It is my understanding that the Committee on Foreign 
     Affairs would receive a sequential referral on S. 1959 if it 
     were to seek one. I am, therefore, most appreciative of your 
     decision to forego consideration of the bill so that it may 
     move expeditiously to the House floor. I acknowledge that 
     although you are waiving formal consideration of the bill, 
     the Committee on Foreign Affairs is in no way waiving its 
     jurisdiction over the subject matter contained in the bill. 
     In addition, if a conference is necessary on this 
     legislation, I will support any request that your committee 
     be represented therein.
       Finally, I shall be pleased to include your letter and this 
     reply letter memorializing our mutual understanding in the 
     Congressional Record during floor consideration of S. 1959.
           Sincerely,
                                                      Lamar Smith,
                                                         Chairman.

  Mr. DEUTCH. Mr. Speaker, I rise in cautious support of S. 1959, the 
Haqqani Network Terrorist Designation Act.
  Despite its name, this bill does not require the U.S. Department of 
State to formally designate the Haqqani Network as a terrorist 
organization. Rather, it imposes a one-time reporting requirement on 
the State Department to explain whether the Haqqani Network meets the 
statutory requirements for that designation. More importantly, the bill 
preserves the authority of the State Department to make this 
determination without congressional interference.
  Let's be clear: the Haqqani Network is a dangerous organization and 
sworn enemy of the United States. From its base along the Afghanistan-
Pakistan border, the network of insurgents led by Jalaluddin Haqqani 
and his family has, for years, fought U.S. and allied forces in eastern 
Afghanistan. The Haqqanis are responsible for several high-profile acts 
of terror--including an attack on the United States Embassy on 
September 13, 2011, that left 16 Afghans dead.
  One tool--one tool out of many--for fighting an organization like the 
Haqqani Network is to designate the group a terrorist organization 
under section 219 of the Immigration and Nationality Act. Once a group 
receives that formal designation, the full weight of the Federal 
Government is brought to bear, including criminal penalties for the 
provision of material support to the organization, restrictions on 
travel, and seizure of assets. Designating an organization a terrorist 
organization is often an appropriate tool when the circumstances are 
unambiguous.
  But the circumstances in eastern Afghanistan and northwest Pakistan 
are anything but unambiguous. The United States is engaged in delicate 
negotiations with the Government of Pakistan as it prepares to draw 
down troops and end the war in Afghanistan. In just the last few weeks, 
our diplomatic corps has achieved the monumental task of reopening our 
lines of communication with the Pakistani Government. It may be that, 
in this context, there is a diplomatic or strategic benefit to holding 
back on the formal designation of the Haqqani Network as a terrorist 
organization--perhaps just for the time being.
  The State Department has already designated several individuals in 
the Haqqani Network as terrorists. If there's a reason that Secretary 
of State Clinton has not yet formally designated the entire network, 
then we ought to defer to her judgment.
  Still, a modest reporting requirement as to some of the legal 
reasoning behind that decision is a fair request. Even if the Haqqani 
Network meets the statutory criteria for designation as a foreign 
terrorist organization--even if that tool is available to us--Secretary 
Clinton will make that decision when she determines that it is useful 
and appropriate to do so.

[[Page 11437]]

  I thank the Speaker, and I yield back the balance of my time.
  Mr. GRIFFIN of Arkansas. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arkansas (Mr. Griffin) that the House suspend the rules 
and pass the bill, S. 1959, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________