Anti-Apartheid Action Act of 1985

(Measure indefinitely postponed in Senate)

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 scholarships for black South Africans who are attending universities, colleges, and secondary schools in South Africa and who are 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. Requires such grants to be made by the Assistant Secretary of State for Human Rights and Humanitarian Affairs. Requires that at least 20 percent of such funds shall be used to support human rights activities including the investigation of the killing of protesters and prisoners in South Africa, legal assistance for persons prosecuted for political reasons, and legal assistance for disadvantaged persons.

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.

Permits the Overseas Private Investment Corporation to issue insurance, reinsurance, and loan guaranties in connection with a project in South Africa, notwithstanding the absence of an agreement with South Africa, if such investment is otherwise eligible, except that: (1) the issuance of such insurance, reinsurance, or guaranty shall only be made to promote joint ventures between businesses controlled by South African blacks or other nonwhite South Africans and businesses controlled or owned by U.S. nationals; and (2) the U.S. national holds a minority interest or agrees to relinquish its majority interest during the course of the joint venture.

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.

Requires any U.S. national that employs more than 25 persons in South Africa should take the necessary steps to insure that the same specified principles are implemented. 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 such principles. Expresses the sense of the Congress that, in addition to such specified principles, U.S. nationals who employ more than 25 persons in South Africa should try 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 specified principles.

Provides for implementing and enforcing this Act. Sets forth penalties for violations of this Act.

Directs the Secretary to report annually to the Congress on: (1) the extent to which U.S. nationals who employ more than 25 people in South Africa have implemented the employment principles; (2) the progress each such national has made in implementing the employment principles; (3) the actions the Secretary has taken to encourage implementation of those principles; (4) any other information relating to implementation of such employment principles by U.S. nationals; (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 the employment 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 the employment principles; and (7) recommendations by the Secretary that would encourage implementation of those 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: (1) an annual report on the progress made by that national in implementing the employment principles; and (2) other information relating to implementing such principles. Authorizes appropriations.

Prohibits: (1) issuing a license for the export to South Africa of certain nuclear goods or technology which are likely to be directed 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 the export to South Africa of component parts or other 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) the administering authority for the production and procurement of military equipment; (6) any other South African entity that administers programs which directly discriminate against nonwhites; and (7) the administering authority for the black passbook and the book of life systems. Directs the President to take the necessary steps to enforce these export prohibitions. Sets forth penalties for violations of these prohibitions.

Prohibits any U.S. national from 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 18 months but not later than March 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 18 months of enactment of this Act but not later than March 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 housing black workers with their families, abolishing the pass laws, ending the migrant labor system, allowing unrestricted labor union rights for all, and increasing local investment in black education and training; (2) a determination by the President on whether significant progress has been made in achieving the purposes decribed 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.

Directs the Secretary of the Treasury to: (1) mint one ounce, one-half ounce, one-fourth ounce, and one-tenth ounce gold coins; and (2) sell such coins to the public at a price equal to the value of the gold plus the minting and distribution costs. Sets forth specifications for the design of the one-ounce gold coins. Makes such coins legal tender.

Directs the Secretary 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. Require the report to be issued by December 1, 1985.