[Congressional Record (Bound Edition), Volume 154 (2008), Part 10]
[Senate]
[Page 14036]
[From the U.S. Government Publishing Office, www.gpo.gov]




 REMOVING THE AFRICAN NATIONAL CONGRESS FROM TREATMENT AS A TERRORIST 
                              ORGANIZATION

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 852, H.R. 5690.
  The PRESIDING OFFICER. Is there objection?
  The clerk will state the bill by title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 5690) to remove 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.

  There being no objection, the Senate proceeded to consider the bill, 
with an amendment, as follows:

                               H.R. 5690

       On page 2, strike line 12 through the end of line 21 and 
     insert the following:

       (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 and 
     unreviewable discretion, that paragraphs (2)(A)(i)(I), 
     (2)(B), and (3)(B) (other than clause (i)(II)) 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 association with the African 
     National Congress in opposition to apartheid rule in South 
     Africa.

  Mr. LEAHY. Mr. President, I am very pleased the Senate will pass this 
legislation to exempt the African National Congress from designation 
under the Immigration and Nationality Act as a ``terrorist'' 
organization.
  The historic role that the African National Congress played in ending 
the era of Apartheid in South Africa is well known, and I suspect that 
its designation as a terrorist organization is a surprise to many 
Americans. That the organization Nelson Mandela helped create to fight 
against an official policy of racism is deemed a terrorist organization 
is wrong and should be corrected.
  I commend Senator Kerry and Congressman Berman for their attention to 
this issue, and the Members of the Judiciary Committee--Senators Biden, 
Schumer, Whitehouse, Feingold, and Cardin--who have lent their support 
to this effort.
  The overly broad laws Congress passed in haste after September 11, 
2001, continue to unnecessarily bar legitimate asylum seekers from the 
sanctuary of the United States. I worked to ensure that the 
administration has the authority to waive these laws for organizations 
and individuals, but the administration has been unwilling to exercise 
this authority of its own accord.
  Secretary Rice quite rightly pointed out that her government 
counterpart in South Africa must apply for a waiver of the material 
support bar in order to enter the United States for an official visit, 
and that it is an embarrassment. I would hope and expect that this 
embarrassment is no less acute when victims of violent conflicts are 
denied asylum in the United States because of these same laws.
  The Judiciary Committee's recent oversight hearing with Secretary 
Chertoff was an example of an administration that will only make the 
tough, but correct decisions when the scrutiny or public embarrassment 
becomes too much. At this hearing, Secretary Chertoff announced that 
the Department of Homeland Security (DHS) reversed its position on a 
green card denial for an Iraqi who had been admitted into the United 
States on a special visa from Iraq. Salam Kareem Ahmad entered the 
United States after working as a translator for U.S. Marines in Iraq, 
and after receiving commendation from General Petraeus, only to be 
denied a green card by the administration.
  Despite all of the administration's rhetoric about its commitment to 
freedom and democracy, DHS determined that Mr. Ahmad's involvement with 
an anti-Saddam Hussein group, the Kurdish Democratic Party, amounted to 
involvement with a terrorist organization. It should not take political 
pressure and media scrutiny to do the right thing. But in light of the 
administration's inattention to resolving injustices created by the 
material support bars, Congress is once again compelled to do what the 
administration can and should be doing on its own.
  There is much work to be done by Congress and the next administration 
to fully resolve the terrible consequences these laws have brought 
about. I intend to continue working toward ensuring that our 
immigration and asylum laws are not used in a manner to harm those who 
come to the United States seeking its refuge and assistance. Our 
policies concerning asylum seekers have demonstrated America's 
commitment to human rights. The material support and terrorism bars 
that have prevented so many from our protection are a blemish on this 
legacy.
  Mr. KYL. Mr. President, I rise to say a few words about the impending 
passage of H.R. 5690 and my amendment to that bill. My amendment 
narrows the individualized waiver provisions in the bill by excluding 
from waiver eligibility persons who are convicted of controlled-
substances offenses and those for whom there is reason to believe that 
they will engage in terrorist activity after entry into the United 
States. The amendment also requires that the activities for which 
waiver is sought have been conducted ``in association with the African 
National Congress.''
  With my amendment, the bill's grant of authority does not exceed that 
created by section 691 of the Consolidated Appropriations Act, 2008, on 
which I commented on December 18 of last year. Separate legislation is 
not needed to exempt Class III groups that are eligible for a waiver 
under section 691, a class that surely includes the African National 
Congress. I hope that in the future such matters will be addressed 
administratively rather than legislatively. Nevertheless, by enacting 
today's bill we impress upon the executive the importance of exercising 
that authority in a prompt and thorough manner. We trust, of course, 
that the executive will not use such authority to grant waivers to 
persons who, for example, engaged in violence that was deliberately 
targeted at innocent civilians. But we do expect the relevant agencies 
to act to avoid the diplomatic embarrassments of the past. With the 
changes made by my amendment, I commend H.R. 5690 to my colleagues.
  Mr. REID. Mr. President, I ask unanimous consent that the committee 
amendment be agreed to, the bill, as amended, be read the third time, 
passed, the motion to reconsider be laid upon the table, with no 
intervening action or debate, and that any statements relating to the 
matter be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  The amendment was ordered to be engrossed and the bill to be read the 
third time.
  The bill was read the third time.
  The bill (H.R. 5690), as amended, was passed.

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