[Congressional Record Volume 154, Number 74 (Tuesday, May 6, 2008)]
[House]
[Pages H3078-H3083]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  AFRICAN NATIONAL CONGRESS EXEMPTION

  Mr. CONYERS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5690) to exempt the African National Congress from treatment 
as a terrorist organization for certain acts or events, provide relief 
for certain members of the African National Congress regarding 
admissibility, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5690

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

     SECTION 1. EXEMPTION OF AFRICAN NATIONAL CONGRESS FROM 
                   TREATMENT AS TERRORIST ORGANIZATION FOR CERTAIN 
                   ACTS OR EVENTS.

       Section 691(b) of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2008 
     (division J of Public Law 110-161; 121 Stat. 2365) is amended 
     by inserting ``the African National Congress (ANC),'' after 
     ``the Karenni National Progressive Party,''.

     SEC. 2. RELIEF FOR CERTAIN MEMBERS OF THE AFRICAN NATIONAL 
                   CONGRESS REGARDING ADMISSIBILITY.

       (a) Exemption Authority.--The Secretary of State, after 
     consultation with the Attorney General and the Secretary of 
     Homeland Security, or the Secretary of Homeland Security, 
     after consultation with the Secretary of State and the 
     Attorney General, may determine in such Secretary's sole 
     unreviewable discretion that paragraphs (2)(A), (2)(B), and 
     (3)(B) of section 212(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)) shall not apply to an alien with 
     respect to activities undertaken in opposition to apartheid 
     rule in South Africa.
       (b) Sense of Congress.--It is the sense of the Congress 
     that the Secretary of State and the Secretary of Homeland 
     Security should immediately exercise in appropriate instances 
     the authority in subsection (a) to exempt the anti-apartheid 
     activities of aliens who are current or former officials of 
     the Government of the Republic of South Africa.

[[Page H3079]]

     SEC. 3. REMOVAL OF CERTAIN AFFECTED INDIVIDUALS FROM CERTAIN 
                   UNITED STATES GOVERNMENT DATABASES.

       The Secretary of State, in coordination with the Attorney 
     General, the Secretary of Homeland Security, the Director of 
     the Federal Bureau of Investigation, and the Director of 
     National Intelligence, shall take all necessary steps to 
     ensure that databases used to determine admissibility to the 
     United States are updated so that they are consistent with 
     the exemptions provided under section 2.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Conyers) and the gentleman from Texas (Mr. Smith) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. CONYERS. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and 
incorporate extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
  Members of the House, the African National Congress is a rare example 
of an oppressed people fighting for their freedom and then leading a 
successful and peaceful transition to a modern nation. The fight went 
on for years, underground and in exile, against the morally bankrupt 
apartheid system in South Africa. And once they prevailed, their 
response to gaining political power was not retribution and reprisals, 
but truth and reconciliation.
  Notwithstanding this peaceful transition, the United States had not 
gotten around to giving ANC leaders the opportunity to enter this 
country because certain provisions in the Immigration and Nationality 
Act currently require us to consider them still as terrorists.
  After the attacks on 9/11, Congress sought to exclude and remove 
terrorists from the United States by strengthening the terrorism bars 
in our immigration laws. In doing so, however, we inadvertently covered 
groups and individuals whom we did not intend to, including allies and 
even victims of terrorism. These bars have been used against the brave 
men and women who fought side by side with United States forces in 
Southeast Asia. They've been used against those who used armed 
resistance to defend themselves against brutal and repressive regimes, 
such as those in Cuba and Burma. They've even been used against women 
who were raped and enslaved by armed militia in Liberia. And as we 
recognize today, they've been used against members of the African 
National Congress, including the great leader, Nelson Mandela. This has 
had profound effects, preventing us from protecting vulnerable refugees 
and asylum seekers and resulting in embarrassing denials of visas for 
Nelson Mandela himself and other foreign heads of state.
  We all know how Mr. Mandela and other ANC leaders suffered unjust 
incarceration for decades at the hands of the apartheid regime. We know 
how the apartheid regime labeled its opponents as terrorists, as 
communists, and anything else they could invent to accuse them of that 
was negative in an attempt to deflect criticism of their own 
institutions of repression and racial separation. And yet these people 
who steadfastly fought for freedom and chose a path for peace once they 
came to power are now blocked from entry to the United States. And so 
that's where this measure comes in.
  Congress has begun to take corrective action, and last year were 
removed a number of freedom-fighting groups from treatment as terrorist 
organizations. Today, we do the same for the ANC and its members. In 
addition to specifying that the ANC is not on the list of terrorist 
organizations under the Immigration and Nationality Act, the bill would 
also give discretionary authority to Secretaries of State and Homeland 
Security to admit individuals regardless of activities undertaken in 
opposition to apartheid rule in South Africa.
  Finally, the bill would require the Secretary of State, in 
coordination with other agencies, to ensure that government databases 
are updated so that they are consistent with the exemptions provided in 
the bill.
  I'd like to thank committee chairman of the Judiciary, Howard Berman, 
but also in his capacity as the Chair of the Foreign Relations 
Committee, and in memoriam, I'd like to remember the chairman that 
preceded Mr. Berman, Tom Lantos, for their work on this bill. I would 
like to insert into the Record at this point an exchange of letters 
between our two committees.
  And thanks again to the ranking member from Texas, Lamar Smith, whose 
bipartisan discussions have enabled us to reach this point. This is a 
noncontroversial bill that repairs something that should have been 
taken care of earlier. It closes the books on the evils of apartheid. 
And so I'm very proud to bring this to the floor with the Members that 
I have mentioned.
                                         House of Representatives,


                                 Committee on Foreign Affairs,

                                      Washington, DC, May 5, 2008.
     Hon. John Conyers, Jr.,
     Chairman, Committee on the Judiciary, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: I am writing to you concerning the bill, 
     H.R. 5690, legislation to exempt the African National 
     Congress from treatment as a terrorist organization for 
     certain acts or events, provide relief for certain members of 
     the African National Congress regarding admissibility, and 
     for other purposes, which I introduced earlier this year. The 
     bill contains provisions within the Rule X jurisdiction of 
     the Committee on Foreign Affairs, and was referred to the 
     Committee when introduced.
       In the interest of permitting your Committee to proceed 
     expeditiously to floor consideration of this important 
     legislation and clear it for the President, I am willing to 
     waive this Committee's right mark up this bill. I do so with 
     the understanding that by waiving consideration of the bill, 
     the Committee on Foreign Affairs does not waive any future 
     jurisdictional claim over the subject matters contained in 
     the bill which fall within its Rule X jurisdiction.
       I would ask that you place this letter into the 
     Congressional Record when the Committee has H.R. 5690 under 
     consideration.
           Sincerely,
                                                 Howard L. Berman,
     Chairman.
                                  ____

                                         House of Representatives,


                                   Committee on the Judiciary,

                                      Washington, DC, May 6, 2008.
     Hon. Howard Berman,
     Chairman, Committee on Foreign Affairs, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding your 
     committee's jurisdictional interest in H.R. 5690, a bill to 
     exempt the African National Congress from treatment as a 
     terrorist organization for certain acts or events, provide 
     relief for certain members of the African National Congress 
     regarding admissibility, and for other purposes.
       I appreciate your willingness to support expediting floor 
     consideration of this important legislation today. I 
     understand and agree that this is without prejudice to your 
     Committee's jurisdictional interests in this or similar 
     legislation in the future. In the event a House-Senate 
     conference on this or similar legislation is convened, I 
     would support your request for an appropriate number of 
     conferees.
       I will place a copy of your letter and this response in the 
     Congressional Record during consideration of H.R. 5690. Thank 
     you for your cooperation as we work towards enactment of this 
     legislation.
           Sincerely,
                                                John Conyers, Jr.,
                                                         Chairman.

  Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the African National Congress has played a significant 
role in history. Nelson Mandela and the ANC for many years fought 
against the unjust apartheid system in South Africa.
  Through a largely peaceful transfer of power, apartheid is a thing of 
the past and South Africa now has a representative democratic 
government. Many ANC officials are now, in fact, officials of South 
Africa's government.
  South Africa provides hope that genuine reconciliation between 
historically opposed groups can, in fact, be achieved. However, real 
terrorist acts were committed as part of the struggle against 
apartheid. There were deadly bombings of civilians. There were so-
called ``necklacings'' in which car tires were put around persons' 
necks and set on fire.
  I am pleased that the bill's sponsors, Mr. Berman, Ms. Lofgren and 
Chairman Conyers, were willing to ensure that this bill will provide 
appropriate relief for the African National Congress without excusing 
the perpetrators of terrorist or criminal acts.
  First, the ANC is added to the list of organizations not considered 
terrorist

[[Page H3080]]

organizations for immigration purposes. Such a list was created to 
shield certain organizations from the broad reach of the Immigration 
Act of 1990.
  Under the 1990 legislation, any guerilla group would find itself 
under the definition of a terrorist organization. The groups currently 
on the exempt list include the Hmong, who fought alongside U.S. 
soldiers in the Vietnam War, and groups that are fighting against the 
repressive Burmese Government today. It is understandable that the ANC 
be added to that list.
  Second, the administration is granted the authority to waive the 
criminal grounds of inadmissibility with respect to aliens for 
activities undertaken in opposition to apartheid rule in South Africa. 
Congress already granted the administration waiver authority for the 
terrorism-related grounds in last year's omnibus spending bill.
  Third, the bill contains a sense of Congress that the administration 
should immediately exercise ``in appropriate instances'' the authority 
granted under the bill to waive grounds of inadmissibility for the 
anti-apartheid activities of aliens who are current or former officials 
of the Government of South Africa. I am confident that any 
administration will use this power wisely.
  Finally, the bill directs the administration to ensure that 
government databases used to determine admissibility to the U.S. be 
updated to reflect any waivers granted.
  Mr. Speaker, I urge my colleagues to support this bill. Again, I want 
to thank Chairman Berman and Chairman Conyers and Chairman Lofgren for 
working in good faith to address concerns with the bill as it was 
introduced.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I am proud now to recognize the 
subcommittee chairman from whence this bill came, and the chairman of 
the Foreign Affairs Committee, Howard Berman, for as much time as he 
may consume.
  Mr. BERMAN. Mr. Speaker, it's an honor to be part of the debate on a 
bill being managed by the chairman of the Judiciary Committee, who 
perhaps is one of the first Members of Congress to speak out and lead 
the effort against the old apartheid regime, going way back into the 
late sixties and early 1970s, and who, along with Congressman Ron 
Dellums and many others, led the effort in 1986, I believe it was, to 
override the veto and provide the first really tough sanctions against 
investment that helped play a part in the ultimate downfall of that 
apartheid regime.
  Mr. Speaker, this bill is a long overdue one, and it's the direct 
result of a stunning and, frankly, embarrassing story for the United 
States. The United States, throughout the 1970s and 1980s, had a much 
too cozy relationship with the apartheid Government of South Africa 
which had labeled the ANC as a terrorist organization. The apartheid 
government banned membership and political activity in the ANC and 
forced its leaders underground or into exile. A direct result of that 
ban was that under U.S. law individuals convicted of crimes, including 
the Nobel Laureate and former President of South Africa, Nelson 
Mandela, were deemed inadmissible for entry to the United States, along 
with individuals labeled as terrorists by the former South African 
government.
  Much has changed for South Africa since those dark times. President 
de Klerk and Nelson Mandela negotiated an end to the conflict and an 
end to the apartheid system on behalf of the National Party and the 
African National Congress. In 1994, the country held its first 
democratic elections in which full enfranchisement was granted.
  Today, the ANC serves as the majority party in a diverse ruling 
coalition. Yet, astonishingly, while South Africa completed its 
monumental political transition, the U.S. position regarding entry for 
ANC's leaders remained frozen in time. Leaders such as Nelson Mandela, 
Walter Sisulu and Govan Mbeki, the father of President Thabo Mbeki, 
were continually barred from entry to the U.S. and had to apply for 
special waivers to gain entry.
  Even more embarrassing than the original U.S. embrace of apartheid 
policies was the fact that few of those who opposed apartheid in the 
United States Government, including many of us in Congress, were even 
aware of the residual terrorist designations against ANC members.

                              {time}  1445

  Despite recognizing two decades ago that America's place was on the 
side of those oppressed by apartheid, Congress has never resolved the 
inconsistency in our immigration code that treats many of those who 
actively opposed apartheid in South Africa as terrorists and criminals, 
in part because the apartheid regime labeled them as such.
  Increasingly, stringent security measures passed by Congress since 
2001 have further ensnared ANC members. Because the ANC used armed 
force as part of its campaign against the repressive apartheid regime 
in South Africa, current law continues to regard the ANC as a terrorist 
organization and to deny entry to members based on their affiliation 
with the ANC.
  The intent of H.R. 5690 is to purge the United States of any residual 
effect of its former policies with regard to the South African 
Government and to update U.S. law with regard to the ANC. The bill, as 
amended, specifically removes the ANC from treatment as a terrorist 
organization and grants the Secretary of State and the Secretary of 
Homeland Security the discretionary authority to determine that certain 
criminal- and security-related grounds of inadmissibility do not apply 
to an alien with respect to activities undertaken in opposition to 
apartheid rule in South Africa.
  I want to take a moment just to compliment again the ranking member 
of the Judiciary Committee, who has very strong and passionate views on 
the issues of immigration and, obviously, also, as we all do in this 
Chamber, on the issue of terrorist organizations and inadmissibility 
for those organizations. He has truly understood and internalized the 
historic transition here and the unfairness of the present situation.
  And I do want to affirm one point that he raised. This bill does not 
have anyone close their eyes to acts committed by the ANC or by the 
apartheid government, and nothing here would preclude the Secretary, as 
she exercises her discretion, from considering whether or not civilians 
were targeted by an individual actor, civilians. We should, also, I 
think, take into account, as we decide what to do on this, the very 
powerful and legally binding truth and reconciliation process in South 
Africa which provided a restorative justice process that salved many of 
the wounds of the apartheid era.
  Once enacted, the ANC will be removed from terrorist watch lists, and 
the ANC will receive treatment befitting its status as a leading party 
and a close ally of the United States. I encourage my colleagues to 
support the legislation.
  Mr. SMITH of Texas. Mr. Speaker, first of all, I would like to say 
that it's always nice when the gentleman from California (Mr. Berman) 
and I can agree on immigration issues, as we did in this particular 
instance.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Iowa (Mr. King), the ranking member of the Immigration 
Subcommittee of the Judiciary Committee.
  Mr. KING of Iowa. I thank Mr. Smith, the ranking member of the 
Judiciary Committee, for yielding, and I appreciate the privilege to 
address this issue before this Congress.
  First, I want to point out that I believe there has been a 
constructive compromise that has been reached across this aisle that 
has not necessarily closed loopholes but made some clarifications that 
help protect this country from kind of a blanket waiver, so to speak, 
with any of those formerly potentially violent members of the ANC.
  And for me, I come to this debate with more concern than many because 
I still maintain vivid memories of what went on in the streets of South 
Africa during those anti-apartheid riots and demonstrations and 
strategic actions that took place, black against white, white against 
black. I also have vivid memories, Mr. Speaker, of actions taken in 
this country and positions taken politically and the divesting of 
investments within South Africa by many American companies as an 
incentive to end apartheid, which was, I believe, a sin against 
humanity to have a policy that identified some people as

[[Page H3081]]

being more equal than others, and I believe it's a sin against humanity 
to maintain those policies, whether they are in the United States or 
South Africa or anywhere else.
  I offered an amendment to the Judiciary Committee before this bill, 
and the purpose of it was to send a message because I have traveled to 
South Africa and I have met with people there who expressed to me some 
concerns, and because of that, I've also dug a little deeper into the 
readings in the current events. It will not be a surprise to the 
members of the committee that I'm concerned about the land transfer 
that is part of the federal policy of South Africa, to transfer a 
significant portion of land from, right now, under the deeds held by 
white South Africans into the deeds of black South Africans. I made it 
clear in the committee that I do not compare this to the things we see 
going on in Zimbabwe. That is far different and that is without benefit 
of the rule of law. But there still remains a concern.
  I also want to point out, and I promised Ambassador Welile Nhlapo, 
who is the Ambassador to the United States from South Africa, that I 
would make this statement. And he came to my office yesterday. We sat 
down in my office for a good, strong hour and discussed these issues. 
And he assured me that there are constitutional protections that exist 
and statutory protections that exist to protect all property owners in 
South Africa and that there will not be a transfer of real estate 
property into the hands of black South Africans at the expense of white 
South Africans without due process of law and constitutional 
protections. I voiced my concern about that. He reassured me that that 
would be the case.
  And I pointed out to him that it's difficult for us in this country 
to reach an objective position on these issues that are racially 
charged because it's so much wrapped up in who we are. And I would 
point out, Mr. Speaker, for the observation of the body, to listen to 
an analysis of the political campaigns that are going on now and, in 
fact, today to listen to an analysis of the predictions of those going 
to the polls in the Democrat primary in places like Indiana and North 
Carolina, which are taking place right now, you cannot hear a political 
pundit/talking-head analysis without race and gender coming into that 
debate.
  So I challenged Ambassador Nhlapo that that's a very difficult 
standard, that we can't meet it here in this country. As old as our 
traditions are for freedom, as much sweat and toil and blood has been 
spilled to make people free and keep them free, we still can't 
extricate ourselves from being wrapped up in that debate and have our 
public policy identified by whom we might side with rather than how we 
might analyze the Constitution or the law. It's difficult here in the 
United States with our traditions; it's far more difficult in South 
Africa. We had that discussion. It was a constructive discussion.
  And I rise today, Mr. Speaker, to support this bill and to encourage 
open dialogue globally and continuing communication and interchange 
with the people of South Africa and people of all nations on the Earth.
  I would remind, also, the body that the record of post-colonial 
Africa is not a stellar record. There are many problems in the 
continent, many of those in the southern part of the continent of 
Africa. And as I travel and visit there and go into the AIDS orphanages 
in particular and can step into the villages where there isn't a single 
adult of reproductive age unless they are a missionary, it has been 
devastating to the continent. We need to have an open dialogue and be 
frank about our problems and be open in our discussion. Hiding our 
dialogue because we're afraid we might hurt someone's feelings only 
pushes the problem further downward instead of letting it surface so 
that we can all address it together with open eyes, open ears, and open 
dialogue.
  That's what we did yesterday in my meeting, which I so gratefully 
received Ambassador Nhlapo into my office. And in that engaging 
conversation, I'm confident that we have opened up communications for a 
continued dialogue, and I trust that this bill will open communications 
for further dialogue, and I certainly support this.
  Mr. CONYERS. Mr. Speaker, I rise to recognize the distinguished 
gentlewoman from Texas (Ms. Jackson-Lee), who has worked with Steve 
King. And I suggest that there may be a codel going to this part of the 
globe, and I would certainly like to invite the distinguished gentleman 
Mr. King to consider joining us on such a codel.
  I yield to the gentlewoman from Texas (Ms. Jackson-Lee) 3\1/2\ 
minutes.
  (Ms. JACKSON-LEE of Texas asked and was given permission to revise 
and extend her remarks.)
  Ms. JACKSON-LEE of Texas. I thank the distinguished chairman of the 
Judiciary Committee; the distinguished chairman on the Foreign Affairs 
Committee; and our distinguished ranking member, who has joined us in a 
very important and historic step that is being made on the floor of the 
House today. And I appreciate my good friend from Iowa, who has given 
us a global overview.
  Mr. Speaker, I want to remind my colleagues that this is a pointed 
and focused legislative initiative, along with the leadership of 
Chairwoman Zoe Lofgren, that we have gotten to a point that is long 
overdue. My good friend, Congresswoman Barbara Lee, and Congressman Don 
Payne are part of those who initiated this effort. And it is pointedly 
to focus on really what we would call heroes, fighters against 
apartheid in South Africa, who shed their blood so that South Africa 
could be the reconciled nation that it is today. President Mbeki; 
former President Mandela, ``Father Mandela,'' as he is called; and many 
of the seniors who are now in their retiring years, who, when they come 
to the United States, are detained, interrogated, and embarrassed by 
our own treatment of these heroes, this goes to the very point of the 
expanded use in the United States of the word ``terrorism'' and the 
utilization of it by preventing innocent people, people who have been 
heroes, to come into this country. This is not necessarily a strict 
immigration bill. It is people who are coming into the country legally, 
but because they have been freedom fighters, somewhat the way that Dr. 
Martin Luther King stood nonviolently for rights here in this country, 
these individuals had to be in the midst of an encounter, if you will, 
to provide the safety and security for their people.
  This particular legislation is an important step forward. But I might 
suggest to my colleagues that I hope that on the floor today we are 
making a legislative statement and providing legislative history so 
that the Department of Homeland Security and the Secretary of State or 
the State Department will not dillydally around, because, unlike the 
previous legislation, this does not order it to be done; it gives those 
departments the discretion for it to be done, as they have requested. 
So we are entrusting to them this noble responsibility to do well by 
Father Mandela, to do well by former President Mbeki, and we need to 
ensure that we do the right thing. And as we look to give this country 
a different face on terrorism, let us likewise be assured that we 
recognize that there are other groups that are similarly situated that 
we should take a look at.
  So I rise to support this legislation, Mr. Speaker, because it is an 
important step forward. It does give the ability to admit these 
individuals but also to renew the stigma, if you will, of the name of 
``terrorists'' because they were freedom fighters to save and preserve 
and to free South Africans so that they too might live in a democracy. 
That is what this legislation does, and I appreciate all of the hard 
work that has gone on.
  I close by simply saying, good day for the freedom fighters of South 
Africa and the ANC; good day for Father Mandela, who led the fight on 
reconciliation and peace, along with Bishop Tutu. Good day for all of 
them as we stand here acknowledging that they are heroes, freedom 
fighters fighting for democracy and equality.
  To the Secretary of State, to the Secretary of Homeland Security, act 
now once this bill has passed.
  Thank you, Mr. Speaker, for your leadership in convening today's 
markup on H.R. 5690. I support this bill and I urge my colleagues to do 
the same.
  This bill recognizes that the ANC is a nearly 100-year-old party that 
was created in 1912 to advocate for the rights of black South Africans. 
It also recognizes that the white Afrikaner government took control of 
South Africa

[[Page H3082]]

in 1948 and at the same time instituted its system of de jure 
apartheid, which had the effect of disenfranchising millions of non-
white Africans. The ANC joined with other groups to engage in civil 
disobedience and it was banned in 1960 by the South African Government. 
Although the ANC was banned, it led the resistance effort against 
apartheid in the late 1970s and 1980s.
  Between 1990 and 1994, the ANC negotiated with the South African 
Government for the end of apartheid and the enfranchisement of black 
South Africans. In 1994, the ANC became a registered political party 
and Nelson Mandela was elected to be the first black president.
  Since the recognition of the ANC as a legitimate political party, 
several prominent black South Africans have been denied visas to enter 
the United States on the basis that they were considered to be 
inadmissible under the INA because they were members of a terrorist 
group. Nelson Mandela were considered inadmissible under this same law. 
In the past the Department of State has provided waivers to ANC leaders 
to enter the United States.
  H.R. 5690 would remove certain affected persons from certain U.S. 
databases. The bill provides that the Secretary of State, Attorney 
General, Secretary of Homeland Security, the Director of the FBI, and 
the Director of National Intelligence, shall take steps to update the 
database concerning admissible persons. The bill provides that the ANC 
is not treated as a terrorist organization for any act occurring on or 
before the enactment of the act. The bill still leaves the Secretary of 
State and the Secretary of Homeland Security with the discretion to 
deny people entry. Importantly, the bill does not deny present and 
former members of the ANC admission to the U.S. on the basis of their 
membership in or affiliation with the ANC or for any apartheid 
activities occurring from 1948 to 1990.
  This bill is long overdue. The ANC has been recognized as a 
legitimate political party since 1994. There is no reason to treat 
members of that organization as a terrorist threat. I urge my 
colleagues to support this bill. My only concern is that the bill 
singles out the ANC but does not go further in clearing other political 
parties that were outlawed during the apartheid era from treatment as 
terrorist organizations.
  Mr. SMITH of Texas. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  Mr. CONYERS. Mr. Speaker, I rise to recognize the gentlewoman from 
Oakland, California (Ms. Lee), who for many years worked as chief of 
staff with our former colleague Ron Dellums on this subject. So in her 
capacity as a Member of Congress and former staffer, she has stayed on 
the course for all of these years, and I yield her such time as she may 
consume.
  Ms. LEE. Let me thank you, Chairman Conyers, for yielding and for 
those kind words but also for your leadership on so many issues. You 
are a true warrior, and we would have never been at this place today 
had it not been for yourself.
  I also want to thank Chairman Berman; I want to thank our 
subcommittee chairman, Don Payne; and Chairman Bennie Thompson for 
their leadership on so many issues and for making sure that this bill 
came today to this floor in a bipartisan fashion.
  As a cosponsor of this legislation and a long advocate against 
apartheid, I am especially pleased that we are taking this important 
step to finally right this inexcusable wrong. Many of us were arrested 
during the anti-apartheid movement, myself included.

                              {time}  1500

  It wasn't until the mid 1980s that finally Congress put our country 
on the right side of history by overriding President Reagan's veto to 
impose sanctions.
  This is a bill that my predecessor, a great warrior, now the mayor of 
Oakland, California, Ron Dellums, had introduced for 12 long years. I 
can remember during that period the ILWU protesting, in fact, I was 
arrested with them also, the unloading of ships from South Africa which 
kicked off much of the anti-apartheid movement. Congresswoman Maxine 
Waters, a great leader who just recently received, as did Mayor Ron 
Dellums, one of the highest honors by the South African Government, led 
the fight in California against apartheid. And I think we were one of 
the first States to impose sanctions.
  All of us who were involved during that time had to take risks. The 
ANC couldn't even travel outside of New York and couldn't come to 
Washington, D.C. because they were considered a terrorist organization. 
Many of us had to go to Europe just to meet the members of the ANC to 
talk about how we could help end the brutal regime of apartheid which 
was killing so many people, dehumanizing the whole country, and was one 
of the most ruthless systems that we have ever known.
  It has been 18 years since Nelson Mandela was released from prison 
and 14 years since he was elected president of South Africa. And this 
year he will turn 90 years old. Yet to this day, to this day, despite 
his legacy as a hero of the anti-apartheid movement, despite the fact 
that he is a Nobel Peace Prize recipient, he received the Peace Prize 
in 1993, despite his election as president, we still require Nelson 
Mandela to apply for a visa waiver to enter into the United States just 
for a visit. This is just plain wrong.
  Last December I traveled to South Africa for World AIDS Day with our 
colleague, the Delegate Donna Christian. And we were asked by many 
people many times over and over and over again why President Nelson 
Mandela was still on the terrorist list. Well, we were, quite frankly, 
very embarrassed and shocked. And we were determined that we would do 
everything we could to finally, again, put our country on the right 
side of history. So I am pleased and I am excited that we are taking 
this step today.
  The ANC was fundamentally involved in a war of liberation against the 
oppressive apartheid regime in South Africa for over four decades. If 
they hadn't been involved in this war of liberation, apartheid would 
still be existing in South Africa. So instead of continuing to penalize 
the ANC for their political struggle against apartheid, we really 
should be commending them for their work in transforming South Africa 
into a beacon of democracy. And just look at how they have moved 
forward in their peace and reconciliation process. I think we could 
learn a heck of a lot in our own country by the leadership of President 
Mandela and how the people of South Africa, black and white, have come 
together to reconcile and to move forward to take South Africa into 
this new millennium and into a new South Africa.
  So let me just thank again Chairman Conyers and Chairman Berman for 
bringing this bill to the floor today. It's really the right thing to 
do. And for those of us who have been so long involved in the anti-
apartheid movement, and now, of course, in the movement to stop the 
genocide that is taking place in Darfur, this is a day that we have 
been waiting for for a long time. This is the only thing that we can do 
now, to say, first of all, that we understand that this should not have 
taken so long, but at least it is better late than never. Thank you 
very much, Mr. Conyers.
  Mr. CONYERS. I thank the gentlelady, Barbara Lee, of Oakland, 
California, for closing our statement.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I rise today in support of 
H.R. 5690 which ensures that African National Congress (ANC) members 
will no longer be denied visas to enter the United States solely based 
on their anti-Apartheid activities.
  I am proud to have introduced this long-overdue legislation that will 
remedy a situation that was brought to my attention by my colleague, 
the gentlelady from the U.S. Virgin Islands, Dr. Christensen. A few 
months ago, Dr. Christensen informed me that Nelson Mandela, the South 
African civil rights icon that won 1993 Nobel Peace Prize, is not 
eligible for a visa to enter the U.S. because he is a member of the 
African National Congress. I was stunned. How could one of the giants 
of the 20th Century who is revered for bringing peace and 
reconciliation to a country that was torn apart by racism be ineligible 
to receive a standard visa to visit the United States? I quickly 
learned that the ANC, which was established in 1923 to advocate for the 
rights of black South Africans against the brutal Apartheid regime, was 
designated a ``terrorist organization'' by the same government that 
subjected black South Africans to racial segregation and violence.
  For decades, ANC leaders, including President Mandela, withstood 
great hardships to overcome the oppression of Apartheid in South 
Africa, risking everything for basic principles of fairness and 
opportunity. By 1994, the ANC was the ruling party in South Africa, 
yet, some ANC leaders and members are still denied entry into America--
today--solely because of their affiliation. H.R. 5690 will remedy this 
situation and ensure that these leaders

[[Page H3083]]

and members are no longer deemed to be inadmissible solely because of 
their membership in the ANC and their anti-apartheid activities.
  I am pleased to have worked with my colleague on the Foreign 
Relations Committee, Mr. Berman, to bring this timely legislation to 
the House floor. I urge all my colleagues to join me and pass this 
important bill.
  Ms. ZOE LOFGREN of California. Mr. Speaker, I am proud to support 
H.R. 5690, introduced by Chairman Howard Berman. I applaud Mr. Berman 
and Lamar Smith, the ranking member of the Judiciary Committee, for 
coming together as they have to end the absurdity that now exists with 
respect to South African government officials who want to visit the 
U.S.
  Like other freedom-fighting groups that should be lauded--not 
penalized--members of the ANC have been effectively ensnared by the 
overbroad ``terrorism'' provisions in our immigration laws. These 
provisions have prevented the U.S. from admitting and offering 
protection to many innocent people, including some of the world's most 
vulnerable refugees.
  Caught up in these definitions have been the Hmong and the 
Montagnards, brave men and women who fought alongside our troops in 
Vietnam; the Alzados who fought for freedom against Castro's regime in 
Cuba; and the Chin and the Karen who tried to free themselves from a 
repressive Burmese government.
  UntiI recently, our immigration laws labeled all of their actions as 
``terrorist activity,'' simply because they used weapons to fight for 
their freedom.
  In the 2008 Consolidated Appropriations Act, we finally began to 
address these issues, freeing many of these groups from this problem. 
With today's bill we now join the ANC to their ranks.
  Like the Hmong and the Montagnards, the Alzados, the Chin and the 
Karen, many members of the ANC did nothing more than fight for freedom 
against a repressive government--in this case, a government that 
severely restricted the rights of its people through apartheid and used 
brutal and murderous tactics to stay in power.
  We should commend their efforts to free themselves and their people, 
not to mention their spectacularly successful--and peaceful--transition 
to power.
  I strongly support this bill.
  Mr. Speaker, I have no further requests for time, and I return all 
unused time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Conyers) that the House suspend the rules 
and pass the bill, H.R. 5690, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. FRELINGHUYSEN. Mr. Speaker, I object to the vote on the ground 
that a quorum is not present and make the point of order that a quorum 
is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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