[Congressional Record Volume 141, Number 14 (Tuesday, January 24, 1995)]
[Extensions of Remarks]
[Pages E169-E170]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                   TERRORIST EXCLUSION ACT, H.R. 650

                                 ______


                        HON. BENJAMIN A. GILMAN

                              of new york

                    in the house of representatives

                       Tuesday, January 24, 1995
  Mr. GILMAN. Mr. Speaker, I am pleased today to reintroduce a bill I 
originally cosponsored and helped author in the 103d Congress under the 
leadership and efforts of our former colleague now in the other body, 
Ms. Snowe. That bill, H.R. 2730, excluded from the United States any 
individual on the basis of mere membership in a terrorist organization, 
as such a group is defined by the Attorney General in consultation with 
the Secretary of State.
  The bill I am reintroducing today, H.R. 650, is identical to H.R. 
2730 from the last session of Congress. It will end the ridiculous 
situation we now have where we often have our State Department 
officials wringing their hands and spending countless hours trying to 
determine the nature of the visa applicant's membership and level of 
activity within a terrorist organization or group.
  Similar provisions as were in H.R. 2730 passed the other body under 
the leadership of Senator Hank Brown during the 103d Congress. However, 
unfortunately, they did not become law; nor did the House get an 
opportunity to act to close this glaring loophole in the immigration 
laws and the State Department's interpretation of those laws today.
  Today we often see time-consuming State Department analysis made to 
determine whether to deny a visa to an individual who is a mere member 
of a terrorist group, but hasn't yet been convicted of an act of 
terrorism in an appropriate court of law and with some consular 
officer's view of appropriate due process.
  Under our State Department's view of current law, mere membership 
alone doesn't automatically create a presumptive basis for denial of a 
visa, therefor the protracted analysis and soul searching I mentioned, 
often follows.
  The bill I introduce today shifts the burden of proof and makes the 
denial of the visa presumptive based upon mere membership by the visa 
applicant in a terrorist organization alone, as defined by the Attorney 
General and the Secretary of State based upon available. data.
  The visa applicant, not the State Department consular officer, must 
make the case for his or her right to travel to the United States.
  The Secretary of State in a recent JFK School of Government speech 
said that the State Department was going to get tough on international 
terrorism and international criminals. In fact, as part of the 
administration's plan of action, the Secretary said ``* * * we will 
toughen standards for obtaining visas for international criminals to 
gain entry to this country.''
  Surely, to the average American, those who are members of overseas 
terrorist groups, as such groups are determined by the Attorney General 
and the Secretary of State under by bill, would clearly fit the 
category of international criminals.
  International criminals, whether yet formally convicted or not of 
terrorism, or who we may or may not know want to travel to the United 
States to engage in possible terrorist acts ought not get U.S. entry 
visas. It is as simple as that, and my bill will bring that about.
  The public would demand our State Department exercise the visa 
issuance discretionary function and authority in the best interests of 
the United States, and denial should be in order in such membership 
cases, one would hope. The benefit of the doubt should go to the U.S. 
interests. However, let us not rely on hope or ambiguity; my bill gives 
the State Department clear authority, the ability, and the direction to 
deny visas in the case of mere 
[[Page E170]] membership in these overseas terrorist organizations, as 
determined by the Attorney General along with the Secretary of State.
  The administration, which has wisely stepped up the activity and 
rhetoric against terrorism, should also ensure that the rhetoric it 
uses on international crime, terrorism, and efforts to protect U.S. 
interests, fully matches their actions. My bill, which I introduce 
today, gives them a chance to support additional and needed real reform 
to thwart a growing and dangerous new terrorist threat aimed at 
America's interests and security, here at home.
  I ask that the full text of the bill be printed here at this point in 
the Record.
                                H.R. 650

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. MEMBERSHIP IN A TERRORIST ORGANIZATION AS A BASIS 
                   FOR EXCLUSION FROM THE UNITED STATES UNDER THE 
                   IMMIGRATION AND NATIONALITY ACT.

       Section 212(a)(3)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)(3)(B)) is amended--
       (1) in clause (i)(II) by inserting ``or'' at the end;
       (2) by adding after clause (i)(II) the following:
       ``(III) is a member of an organization that engages in, or 
     has engaged in, terrorist activity or who actively supports 
     or advocates terrorist activity,''; and
       (3) by adding after clause (iii) the following:
       ``(iv) Terrorist organization defined.--As used in this 
     Act, the term `terrorist organization' means an organization 
     which commits terrorist activity as determined by the 
     Attorney General, in consultation with the Secretary of 
     State.''.
     

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