II 

Calendar No. 852 

110TH CONGRESS 

2D SESSION H. R. 5690 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2008 

Received; read twice and referred to the Committee on the Judiciary 

JUNE 26, 2008 

Reported by Mr. LEAHY, with an amendment 

[Omit the part struck through and insert the part printed in italic] 

AN ACT 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXEMPTION OF AFRICAN NATIONAL CONGRESS 

4 FROM TREATMENT AS TERRORIST ORGANI5 ZATION FOR CERTAIN ACTS OR EVENTS. 

6 Section 691(b) of the Department of State, Foreign 

7 Operations, and Related Programs Appropriations Act, 


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•HR 5690 RS

1 2008 (division J of Public Law 110–161; 121 Stat. 2365) 

2 is amended by inserting ‘‘the African National Congress 

3 (ANC),’’ after ‘‘the Karenni National Progressive Party,’’. 

4 SEC. 2. RELIEF FOR CERTAIN MEMBERS OF THE AFRICAN 

5 NATIONAL CONGRESS REGARDING ADMISSI6 BILITY. 

7 (a) EXEMPTION AUTHORITY.—The Secretary of 

8 State, after consultation with the Attorney General and 

9 the Secretary of Homeland Security, or the Secretary of 

10 Homeland Security, after consultation with the Secretary 

11 of State and the Attorney General, may determine in such 

12 Secretary’s sole unreviewable discretion that paragraphs 

13 (2)(A), (2)(B), and (3)(B) of section 212(a) of the Immi14 gration and Nationality Act (8 U.S.C. 1182(a)) shall not 

15 apply to an alien with respect to activities undertaken in 

16 opposition to apartheid rule in South Africa. 

17 (a) EXEMPTION AUTHORITY.—The Secretary of State, 

18 after consultation with the Attorney General and the Sec19 retary of Homeland Security, or the Secretary of Homeland 

20 Security, after consultation with the Secretary of State and 

21 the Attorney General, may determine, in such Secretary’s 

22 sole and unreviewable discretion, that paragraphs 

23 (2)(A)(i)(I), (2)(B), and (3)(B) (other than clause (i)(II)) 

24 of section 212(a) of the Immigration and Nationality Act 

25 (8 U.S.C. 1182(a)) shall not apply to an alien with respect 


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•HR 5690 RS

1 to activities undertaken in association with the African Na2 tional Congress in opposition to apartheid rule in South 

3 Africa. 

4 (b) SENSE OF CONGRESS.—It is the sense of the 

5 Congress that the Secretary of State and the Secretary 

6 of Homeland Security should immediately exercise in ap7 propriate instances the authority in subsection (a) to ex8 empt the anti-apartheid activities of aliens who are current 

9 or former officials of the Government of the Republic of 

10 South Africa. 

11 SEC. 3. REMOVAL OF CERTAIN AFFECTED INDIVIDUALS 

12 FROM CERTAIN UNITED STATES GOVERN13 MENT DATABASES. 

14 The Secretary of State, in coordination with the At15 torney General, the Secretary of Homeland Security, the 

16 Director of the Federal Bureau of Investigation, and the 

17 Director of National Intelligence, shall take all necessary 

18 steps to ensure that databases used to determine admissi19 bility to the United States are updated so that they are 

20 consistent with the exemptions provided under section 2. 


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Calendar No. 852 

110TH CONGRESS 

2D SESSION H. R. 5690 

AN ACT 

To remove the African National Congress from 

missibility, and for other purposes. of the African National Congress regarding adacts or events, provide relief for certain members treatment as a terrorist organization for certain 

JUNE 26, 2008 

Reported with an amendment 


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