Anti-Apartheid Action Act of 1985

(Conference report filed in House, H. Rept. 99-242)

Anti-Apartheid Action Act of 1985 - Amends the Foreign Assistance Act of 1961 to earmark specified amounts of the education development assistance funds to finance education, training, and scholarships for black South Africans who are attending universities, colleges, and secondary schools in South Africa. Earmarks one-third of such assistance for aid to educational professionals pursuing studies to improve their professional credentials. Requires: (1) one-half of such aid to be available in accordance with a specified section of the International Security and Development Cooperation Act of 1985; and (2) the remainder of such funds to be available for scholarships for individuals selected by a national or regional panel of educators appointed by the chief of the U.S. diplomatic mission to South Africa.

Earmarks a specified amount of the funds available for human rights assistance for grants to nongovernmental organizations in South Africa. Earmarks specified amounts of such funds for legal and other assistance to oolitical detainees and prisoners and their families and for support for actions of black-led community organizations to resist, through nonviolent means, the enforcement of apartheid policies.

Directs the Secretary of the State (the Secretary) and other heads of Federal agencies carrying out activities in South Africa to make affirmative efforts in procuring goods and services to assist business enterprises having more than 50 percent beneficial ownership by South African blacks or other nonwhite South Africans.

Amends the Export-Import Bank Act of 1945 to direct the Export-Import Bank to take active steps to encourage the use of its facilities to guarantee, insure, extend credit, or participate in the extension of credit to businesses in South Africa that are majority owned by South African blacks or other nonwhite South Africans.

Expresses the sense of the Congress that the labor practices used by the United States Government for hiring South Africans, for paying South Africans for employment services, and for the employment of South Africans arranged by contract should represent the best American labor practices and should serve as a model for the labor practices of U.S. nationals in South Africa. Requires such Government labor practices to be governed by specified principles of labor practices.

Requires any U.S. national that employs more than 25 persons in South Africa to take the necessary steps to insure that such specified principles relating to employment practices are implemented. Authorizes the Secretary to require such nationals to register with the State Department. Prohibits any Federal agency from interceding with a foreign government regarding the export marketing activities in any country of a U.S. national employing more than 25 persons in South Africa that is not implementing those employment principles.

Expresses the sense of the Congress that in addition to such principles, U.S. nationals employing more than 25 persons in South Africa should seek to take reasonable measures to extend the scope of influence on activities outside the workplace.

Authorizes the Secretary to issue guidelines and, upon request, advisory opinions on compliance with such principles.

Directs the Secretary to establish an Advisory Committee to advise the Secretary with respect to the implementation of such principles and to review periodically the reports submitted by the Secretary to the Congress on the implementation of such principles.

Directs the Secretary to report annually to the Congress on: (1) the extent to which each U.S. national employing more than 25 persons in South Africa has implemented such principles; (2) the progress each such national has made in implementing such principles since the last report; (3) the actions the Secretary has taken to encourage implementation of such principles; (4) other information relating to implementing such principles; (5) in the first five annual reports, the extent to which each of the 100 largest foreign investors in South Africa who are not U.S. nationals have implemented such principles; (6) in the sixth and subsequent annual reports, the extent to which each of the 200 largest foreign investors in South Africa who are not U.S. nationals have implemented such principles; and (7) recommendations by the Secretary of State that would encourage implementation of such principles by persons who are not U.S. nationals and who employ at least 25 persons in South Africa. Requires each U.S. national who employs more than 25 persons in South Africa to submit to the Secretary of State: (1) an annual report on the progress made by that national in implementing such principles; and (2) other information relating to implementing such principles. Authorizes appropriations.

Directs the Secretary to make such reports available to the Advisory Committee. Authorizes making available to the public the information relating to employment practices contained in reports made by U.S. nationals employing more than 25 persons in South Africa. Provides for protecting the confidentiality of financial information of such nations.

Prohibits: (1) issuing a license for the export to South Africa of certain nuclear goods or technology which are likely to be diverted for use in a nuclear production or utilization facility; (2) giving any authorization to engage in the production of any special nuclear material in South Africa; (3) issuing any license for export to South Africa of certain component parts, items, or substances of special significance for nuclear explosive purposes; and (4) approving any retransfer to South Africa of any such goods, technology, special nuclear material, components, items, or substances. Declares that such prohibitions shall not apply if South Africa is a party to the Treaty on Non-Proliferation of Nuclear Weapons.

Prohibits exporting to the following South African entities any computers, computer software, or goods or technology intended to service computers: (1) the military; (2) the police; (3) the prison system; (4) the national security agencies; (5) ARMSCOR and its subsidiaries or the weapons research activities of the Council for Scientific and Industrial Research; (6) the administering authorities for the black passbook and the book of life systems; (7) any other entity which implements restrictions on where nonwhites are permitted to live or work; (8) any other entity that administers programs which directly discriminate against nonwhites; and (9) any local, regional, or homelands government entity which performs any function of any of the above entities.

Permits exporting computers, computer software, and goods or technology intended to service computers to South African entities other than those listed above only if: (1) the services provided by the entity will benefit nonwhites or both whites and nonwhites; and (2) a system of end use verification is in effect. Declares that the first restriction shall apply only to exports with a contract value of $100,000 or more. Authorizes the President to waive such restriction if a sale to an entity that serves whites only is necessary for humanitarian purposes. Directs the President to report to the Congress within 12 months after enactment of this Act on the implementation of the above requirements.

Prohibits any U.S. national form making any loan or other extension of credit to South Africa or to any organization controlled by South Africa. Excludes from such prohibition: (1) loans for educational, housing, or health facilities which are available to everyone on a nondiscriminatory basis and are located in geographic areas accessible to everyone; or (2) loans for which an agreement is entered into before enactment of this Act.

Declares that it shall be U.S. policy to impose economic sanctions against South Africa if, within 12 months but not later than January 1, 1987, significant progress has not been made toward ending apartheid.

Directs the President to develop through negotiations appropriate multilateral economic sanctions against South Africa. Requires the President to report to the Congress on such negotiations.

Directs the President to submit to the Congress within 12 months of enactment of this Act but not later than January 1, 1987, and every 12 months thereafter a report on the extent to which significant progress has been made toward ending apartheid, including: (1) a detailed assessment of the extent of progress made in South Africa in eliminating specified policies relating to housing, employment, political representation, relations with Namibia, and political prisoners; (2) a determination by the President on whether significant progress has been made in achieving the purposes described in clause 1; and (3) if the President determines that significant progress has not been made, a recommendation on which of specified sanctions should be imposed. Provides for expedited consideration of a joint resolution calling for such sanctions.

Prohibits any person, including banks, from importing into the United States any gold coin minted in or offered for sale by South Africa.

Authorizes the President to waive for up to 12 months the prohibition against importing South African gold coins if: (1) the Government of South Africa meets at least one of eight conditions; (2) the President submits to the Congress a determination that such conditions are met; and (3) a joint resolution is enacted approving such determination. Authorizes the President to extend the waivers. Provides for expedited consideration of such joint resolution.

Directs the Secretary of the Treasury to mint one ounce, one-half ounce, one-fourth ounce, and one-tenth ounce gold coins valued at $50, $25, ten dollars, and five dollars respectively. Sets forth the design of the one ounce ($50) gold coins. Directs the Secretary of the Treasury to sell such coins to the public at a price equal to the value of the gold plus the minting and distribution costs. Makes such coins legal tender. Requires that an amount equal to the amount by which the proceeds from the sale of such coins exceed the sum of the cost of minting and distributing such coins and the value of gold certificates retired from the use of gold contained in such coins shall be deposited in the Treasury and used solely to reduce the national debt.

Directs the Secretary of State to study and report to the Congress on the health conditions and the extent of starvation and malnutrition now prevalent in the "homelands" areas of South Africa. Requires the report to be issued by December 1, 1985.

Provides for regulations to carry out this Act. Provides for enforcement of this Act.

Terminates this Act upon the enactment of a joint resolution approving a determination of the President that apartheid in South Africa has been abolished.