Text: S.1959 — 112th Congress (2011-2012)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 112-168 (08/10/2012)

 
[112th Congress Public Law 168]
[From the U.S. Government Printing Office]



[[Page 126 STAT. 1299]]

Public Law 112-168
112th Congress

                                 An Act


 
   To require a report on the designation of the Haqqani Network as a 
foreign terrorist organization and for other purposes. <<NOTE: Aug. 10, 
                          2012 -  [S. 1959]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Haqqani Network 
Terrorist Designation Act of 2012.>> 
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) <<NOTE: Jalaluddin Haqqani.>>  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

[[Page 126 STAT. 1300]]

        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) <<NOTE: Haji Mali Kahn.>>  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. <<NOTE: Sirajuddin Haqqani.>>  
        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. <<NOTE: Nasiruddin Haqqani. Khalil al Rahman 
        Haqqani. Badruddin Haqqani. Mullah Sangeen Zadran.>>  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.

[[Page 126 STAT. 1301]]

            (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.

    Approved August 10, 2012.

LEGISLATIVE HISTORY--S. 1959:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD:
                                                        Vol. 157 (2011):
                                    Dec. 17, considered and passed 
                                        Senate.
                                                        Vol. 158 (2012):
                                    July 17, considered and passed 
                                        House, amended.
                                    July 26, Senate concurred in House 
                                        amendment.

                                  <all>