[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:
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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.
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