Haqqani Network Terrorist Designation Act of 2012

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.

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.

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 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.

I yield back the balance of my time.

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.

I thank the Speaker, and I yield back the balance of my time.

Mr. President, I ask the Chair to lay before the Senate a message from the House with respect to S. 1959.

The Presiding officer laid before the Senate the following message from the House of Representatives:

Resolved, That the bill from the Senate (S. 1959) entitled

``An Act to require a report on the designation of the

Haqqani Network as a foreign terrorist organization and for

other purposes,'' do pass with the following amendment:

Strike out all after the enacting clause and insert:

I make a motion to concur in the House amendment, and I know of no further debate on this measure.

I ask unanimous consent that the motion to reconsider be laid upon the table and that any statements relating to the bill be printed at this point in the Record.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be discharged from further consideration of S. 1959 and the Senate proceed to its immediate consideration.

Mr. President, I express my appreciation to everyone for removing their holds and allowing this matter to go forward. It is a very important statement that we make as Americans regarding our foreign policy.

Mr. President, I ask unanimous consent that the Burr amendment at the desk be agreed to, the bill, as amended, be read a third time and passed, the motion to reconsider be laid upon the table, and any statements relating to the measure be printed in the Record.