SOUTH AFRICA BILL, H.R. 1580

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89T00234R000200310046-2
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 3
• Document Creation Date: December 23, 2016
• Document Release Date: January 23, 2013
• Sequence Number: 46
• Publication Date: December 29, 1987
• Content Type: MEMO

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RECOGNITION OF ST. MAI3 (b) EXPORTS.?
COLLEGE (1) GENERAL RULE ?No goods. technology
(:-"-establishing mechanisms to monitor compli-
'rders issued to carry out this Act. including
,-
ance with such provisions, regulations, li-
censes, and orders. In ensuring such compli-
ance. the President may conduct investiga-
tions, hold hearings, administer oaths, ex-
amine witnesses, receive evidence, take
depositions, and require by subpoena the at-
tendance and testimony of witnesses and
production of all books, papers, and docu-
ments relating to any matter under investi-
gation.
(b) VIOLATIONS.?Any person that know-
ingly violates the provisions of this Act or
any regulation, license, or order Issued to
carry out this Act shall?
(1) U other than an individual, be fined
Dot more than $500.000; and
(2) if an individual, be fined not more
than $250.000, or imprisoned not more than
5 years, or both.
(c) ADDITIONAL PENALTIES FOR CERTAIN IN-
(1) IN GENERAL.?Whenever a person com-
mits a violation under subsection (b)?
(A) any officer, director, or employee of
such person, or any natural person in con-
trol of such person who willfully ordered,
authorized, acquiesced in, or carried out the
act or practice constituting the violation,
and
(B) any agent of such person who willfully
carried out such act or practice,
HON. ROY DYSON
Or DIARYLAND
IN THE HOUSE OF REPRESENTATIVES
Thursday. December 17 1987
Mr. DYSON. Mr. Speaker, I rise today in
recognition of St. Marys College, located in
my home county of St Mary's, MD, svhich was
recently recognized in U.S. News & World
Report as the sixth best Eastern liberal-arts
college in the United Stales.
This ranking was based on a questionnaire
sent by U.S. News & World Report to the
presidents of 1,329 colleges and universities,
requesting them to choose the best and most
innovative institutions of higher learning in the
Nation.
I would like to take this opportunity to com-
mend President Ted Lewis and his faculty tor
doing an outstanding job of educating the stu-
dents who attend St. Mary's College.
In a time of rising tuition costs arid reduc-
tions in financial aid, it is nice to know that
there are still institutions of higher learning.
such as St. Mary's, which provide a quality
education at an affordable cosi
Not only does a student entering St Mary's
receive an education from a faculty which
contains the highest percentage of Fulbright
fellowship winners in the United States, but
also small class size and accessibility to the
faculty. This makes St Mary's a bargain for
both students and parents alike.
I believe that St Mary's College will serve
as a model to other schools throughout the
country, that bigger does not mean better and
that high tuition does not guarantee a good
education.
Let me once again extend my congratula-
tions to President Lewis, the faculty and the
Students of St. Mary's College for being
ranked as one of the best colleges in the
Nation.
(111..R. 15801 -
HON. RONALD Y. DELLUMS
Or CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, December 17, 1987
Mr. DELLUMS. Mr. Speaker, in response to
numerous requests, I insert the text of H.R.
1580, an act to end apartheid in South Africa.
1580
Be it enacted by the Senate and House of
Representatives of Vie United States of
America in Congress assembled,
SECTION 1. PROHIBITION ON INVESTMENTS IN
Boum AFRICA.
A United States person may not, directly
or through a foreign affiliate of that United
States person, make or hold an investment
in South Africa.
SEC. 2. PROHIBMON ON IMPORTS AND EXPORTS
FROM SOUTH AFRICA.
(a)IDEPORTS.?Notwithstanding any other
provision of law, no article which is the
growth, produce, or manufacture of South
Africa may be imported into the United
States, except for any strategic mineral with
respect to which the President certifies to
the Congress that the quantities of such
mineral which are essential for military uses
exceed reasonably secure domestic supplies
and that substitutes for such mineral are
not available.
or other information subject to the jurisdic-
tion of the United States may be exported
to South Africa, and no roods, technology,
or other information may be exported to
South Africa by any person subject to the
jurisdiction of the United States. The prohi-
bition contained in this paragraph shall
apple to goods, technology, or other infor-
mation of any kind, which is subject to con-
trols under the Export Administration Act
of 1979, the Arms Export Control Act, the
Atomic Energy Act of 1954, or any other
provision of law.
(2) Excrerion.?The prohibition con-
tained in paragraph (1) shall not apply to
exports described in section 6(g) of the
Export Administration Act of 1979.
SEC. 3. PROHIBMON ON LANDING RIGHTS OF
? SOUTH AFRICAN AIRCRAFT.
(a) PROM/IMO/I.?The Secretary of Trans-
portation shall prohibit the takeoff and
landing of any aircraft by a foreign air carri-
er owned, directly or indirectly, by the Gov-
ernment of South Africa or by South Afri-
can nationals.
(b) Exczerioes FOR Esimacurcrics.? The
Secretary of Transportation may provide
for such exceptions from the prohibition set
forth in subsection (a) as the Secretary con-
siders necessary to provide for emergencies
In which the safety of an aircraft or its crew
or passengers is threatened.
(C) DEPINMONS.? For purposes of this
section, the terms -aircraft" and "foreign
air carrier" have the meanings given those
terms in section 201 of the Federal Aviation
Act of 1958.
Sec. 4 PROHIBITION ON IMPORTATION OF KRU-
GERRANDS.
No person may import into the United
States any South African krugerrand or any
other gold coin minted in South Africa or
offered for sale by the Government of
South Africa.
SEC. 5, GOVERNMENT OF SOUTH AFRICA BANE AC-
COUNTS.
No United States depository institution
may accept, receive, or hold a deposit ac-
count from the Government of South Africa
or from any agency or entity owned or con-
trolled by the Government of South Africa
except for such accounts which may be au-
thorized by the President for diplomatic or
consular purposes. For purposes of the pre-
ceding sentence, the term "depository insti-
tution" has the same meaning as in section
19(bX1) of the Federal Reserve Act.
Sec. t PROHIBITION ON UNITED STATES MILITARY
OR INTELLIGENCE COOPERATION
WITH GOVERNMENT OF SOUTH
AFRICA.
(a) MILITARY COOPERATION.?No agency or -
entity of the United States may engage in
any form of cooperation, direct or indirect,
with the armed forces of the Government of
South Africa.
(b) leTztticrecz COOPERATION.?No
agency or entity of the United States in-
volved in intelligence activities may engage
in any form of cooperation, direct or indi-
rect, with the Govenment of South Africa.
SEC. 7. !MUTATION ON IMPORTS FROM OTHER
COUNTRIES.
The President is authorized to limit the
Importation into the United States of any
product or service of a foreign country to
the extent to which such foreign country
benefits from, or otherwise takes commer-
cial advantage of, any prohibition imposed
by or under this Act.
SEC. & ENFORCEMENT; PENALTIES.
(a) AUTHORITIES or THE PRESIDENT.?The
President shall take the neceq-cery steps to
ensure compliance with the provisions of
this Act and any regulations, licenses, and
shall, upon conviction, be fined not more
than $250.000. or imprisoned not more than
5 years, or both.
(2) RESTRICTION Or PAYMENT Or PINS5.?A
fine imposed under paragraph (1) on an in-
dividual for an act or practice constituting
violation may not be paid, directly or indi-
rectly, by the person committing the viola-
tion itself.
(d) Simmer AND Poerztrvez or Anicaarr.?
Any aircraft used in connection with a viola-
tion of section 3 or any regulation, license,
or order issued to tarry oat that section
shall be subject to seizure by and forfeiture
to the United States. All provisions of law
relating to the seizure, forfeiture, and con-
demnation of articles for violations of the
customs laws, the disposition of aueh arti-
cles or the proceeds from the sale thereef,
and the remission or mitigation of such for-
feitures shall apply to the seizures and for-
feitures incurred, or alleged to have been in-
curred, under the provisions of this subsec-
tion, insofar as such provisions of law are
applicable and not inconsistent with the
provisions of this Act; except that all
powers, rights, and duties conferred or im-
posed by the customs laws upon any officer
or employee of the Department of the
Treasury shall, for purposes of this subsec-
tion, be exercised or performed by the Sec-
retary of Transportation or by such persons
as the Secretary may designate.
SEC. I. REGULATORY AUTHOR/TY.
The President may issue such regulations,
licenses, and orders as are necessary to carry
out this Act,
SEC. 10. DEFINTTIONS.
For purposes of this Act?
(1) Liwrrze STATES.?The term "United
States" includes the States of the United
States, the District of Columbia, the Com-
monwealth of Puerto Rico, and any terri-
tory or possession of the United States.
(2) UNITED STATES PERSON.?The term
"United States person" means?
(A) any United States resident or national;
and
(B) any partnership, corporation, or other
entity organized under the laws of the
United States or of any of the several
States, of the District of Columbia, or of
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any commonwealth, territory, or posseasion
of the United States.
(3) INVESTMENT IN SOUTH AlRICA.?The
term "investment in South Africa" means?
(A) a commitment of funds or other assets
(in order to earn a financial return) to the
Government of South Africa or to a busi-
ness enterprise located in South Africa or
owned or controlled by South African na-
tionals. Including?
(i) a loan or other extension of credit
made to the Government of South Africa or
to such a business enterprise, or security
given for the debts of the Government of
South Africa or such a business enterprise;
? (ii) the beneficial ownership or control of
a share or interest in such a business enter-
prise, or of a bond or other debt Instrument
issued by the Government of South Africa
or such a business enterprise; or
(Hi) capital contributions in money or
other assets to such a business enterprise; or
(B) the control of a business enterprise lo-
cated in South Africa or owned or con-
trolled by South African nationals, in cases
In which subparagraph (A) does not apply.
(4) SOUTH AFRICA.?The term "South
Africa includes?
(A) the Republic of South Africa;
(B) Namibia and any other territory under
the administration, legal or illegal, of South
Africa; and
(C) the "bantustans" or "homelands", to
which South African blacks are assigned on
the basis of ethnic origin, including the
Transkei, Bophuthatswana, Ciskei, and
Venda.
(5) BUSINESS ENTERPRISE.?The term "busi-
ness enterprise" means any organization, as-
sociation, branch, or venture which exists
for profitmaking purposes or to otherwise
secure economic advantage, and any corpo-
ration, partnership, or other organization
which is owned or controlled-by the Govern-
ment of South Afria.
(6) BRANCH.?The term "branch" means
the operations or activities conducted by a
person in a different location in its own
name rather than through a separate incor-
porated entity.
(7) FOREIGN AFFILIATE.?A "foreign affili-
ate" of a United States person is a business
enterprise located in a foreign country, in-
cluding a branch, which is controlled by
that United States person.
(8) SOUTH AFRICAN NATIONAL.?The term
"South African national" means?
(A) a citizen of South Africa; and
(B) any partnership, corporation, or other
entity organized under the laws of South
A ries.
(9) CONTROL BY SOUTH AFRICAN NATION-
ALs.?For purposes of paragraphs (3) and
(7), a business enterprise shall be presumed
In be controlled by a United States person
or by South African nationals (as the case
may be) if?
(A) the United States person or South Af-
rican nationals beneficially own or control
(v%hether directly or indirectly) more than
50 percent of the outstanding voting securi-
tios of the business enterprise;
(B) the United States person or South Af-
rican nationals beneficially own or control
hether directly or indirectly) 25 percent
or more of the voting securities of the busi-
ness enterprise, if no other person owns or
controls (whether directly or indirectly) an
equal or large percentage;
(C) the business enterprise is operated by
the United States person or South African
nationals pursuant to the provisions of an
exclusive management contract;
(D) a majority of the members of the
board of directors of the business enterprise
are also members of the comparable govern-
ing body of the United States person or a
-South African national;
(E) the United States person or South Af-
rican nationals have the authority to ap-
point a majority of the members of the
board of directors of the business enter-
prise; or
(F) the United States person or South Af-
rican nationals have the authority to ap-
point the chief operating officer of the busi-
ness enterprise.
sec. II. APPLICABILITY TO EVASIONS OF ACT.
This Act shall apply to any person who
undertakes or causes to be undertaken any
transaction or activity with the intent to
evade the provisions of this Act or any regu-
lation, license, or order issued to carry out
this Act.
SEC. IS. REPEAL OF COMPREHENSIVE ANTI-APART-
HEID ACT OF 11016.
(a) REPEAL OF Acr.?The Comprehensive
Anti-Apartheid Act of 1966 (Public Law 99-
440). and all regulations, licenses, and orders
issued to carry out that Act, are hereby re-
pealed.
(b) REPEAL OF AMEKDMENTS MADE BY THAT
Acr.?
(1) Section I05(b) of the Foreign Assist-
ance Act of 1961 is amended?
(A) by striking out -(1)" after -(b)"; and
(B) by striking out paragraph (2).
(2) Chapter 1 of part I of the Foreign As-
sistance Act of 1961 is amended?
(A) in section 116?
(1) in subsection (e)(2)(A) by striking out
"1984," and inserting in lieu thereof "1984
and";
(ii) in subsection (e)(2)(A) by striking out
". and $1,500,000 for fiscal year 1986 and for
each fiscal year therafter"; and
(iii) by striking out subsection (f ); and
(B) by striking out section 117.
(3) Chapter 4 of part II of the Foreign As-
sistance Act of 1961 is amended by striking
out section 535.
(4) Section 2(b)(9) of the Export-Import
Bank Act of 1945 is amended?
(A) by striking out "(9)(A) Except as pro-
vided in subparagraph (B), in" and inserting
In lieu thereof "(9) In"; and
(B) by striking out subparagraph (b).
(C) TRANSITION PROVISION.?The repeal
contained in subsection (a) shall not affect
any proceeding to impose a penalty under
section 603 of the Comprehensive Anti-
Apartheid Act of 1986 for violations of that
Act (or any regulation, license or order
issued to carry out that Act) occurring
before the date on which this Act takes
effect.
SEC. 13. EFFECTIVE DATE.
This Act and the amendments made by
this Act take effect 180 days after the date
of the enactment of this Act.
GAO REPORT SHOWS ADMINIS-
TRATION'S MISPLACED PRIOR-
ITIES IN EDUCATION R&D
HON. MAJOR R. OWENS
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Friday, December 18, 1987
Mr. OWENS of New York. Mr. Speaker, in
1987 1 million young people will leave the Na-
tion's public schools without graduating. The
annual cost of this astronomical dropout rate
is $240 billion in lost earnings and foregone
taxes. These are some of the alarming statis-
tics listed in "Children in Need," the latest
report of the Committee for Economic Devel-
opment, a national consortium of over 200
businessmen and educators. The threat to our
national security posed by this crisis was em-
phasized in a 1983 report, "Nation at Risk,"
L),sued by former Education Secretary Terrel
Bell: "If an unfriendly foreign Power had at-
tempted to impose on America the mediocre
educational performance that exists today, we
might well have viewed it as an act of war
? ? *. We have, in effect, been committing an
act of unthinking, unilateral educational disar-
mament."
Unfortunately the Reagan administration
has not heeded this warning. A newly re-
leased GAO report: Education Information:
Changes in Funds and Priorities Have affected
Production and Quality, indicates that the Fed-
eral Government's role in sponsoring educe-
tilJnal research and development and monitor-
ing academic achievement was seriously ne-
glected between 1980 and 1985, and that
leadership in this critical aspect of education
was entirely lacking.
During that period awards and contracts for
the three primary aspects of education R&D?
research, statistics and program evaluation?
were dramatically reduced as refected in the
.principal findings of the GAO report:
Funds for the National Institute of Education
[NIEJ were cut .by half between 1980 and
1984, while overall funding for education R&D
declined more than 60 percent since the mid-
seventies;
New data collection on women and minori-
ties and issues of concern to the education
reform movement was virtually nil;
The number of research grants awarded by
the NIE decreased 65 percent between 1980
and 1985;
The number of evaluation contracts award-
ed by the Office of Planning, Budget, and
Evaluation [OPBEj declined by 79 percent?a
decline which reflected in part the substitution
of block grants for categorical grants;
Statistical surveys on education declined by
31 percent between 1980 and 1983.
While education R&D suffered dramatic cut-
backs in the eighties, the military R&D budget
mushroomed. In 1980, for example, 50 per-
cent of Federal R&D expenditures went to de-
fense, while 50 percent went to all other
budget functions. By 1986 it was estimated
that 72 percent of Federal R&D expenditures
went to defense, while 28 percent went to all
other functions. In 1983 alone the Defense
Department spent 45 percent of the Federal
R&D budget, while the Department of Educa-
tion spent only 0.4 percent.
The quality of education R&D has suffered
also. GAO found that the Common Core of
Data [CCDj, an information reporting system
maintained by NCES, deteriorated markedly.
For example, the Digest of Education Statis-
tics published by NCES and based upon data
from the CCD, is out-of-date and inaccurate.
Within CCD external reviewers found: esti-
matos of dropout rates that differed by 50 per-
cent; estimates of school discipline problems
that differed by a factor of 10 depending on
the source; vocational education enrollments
in some States that exceeded their entire high
school populations; and estimates of the size
of the population of students with limited profi-
ciency in English that differed by as much as
200 percent. In 1986 there was a 13-month
lag between preparation and publication of the
Digest, as compared to only a 3-month lag in
1964.
. It is evident from the GAO report that much
of what was funded was already mandated by
legislation, while studies that were not specifi-
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