ANTI-APARTHEID ACT OF 1986--VETO MESSAGE FROM THE PRESIDENT OF THE UNITED STATES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B00858R000600890005-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 16
• Document Creation Date: December 22, 2016
• Document Release Date: April 25, 2011
• Sequence Number: 5
• Publication Date: September 29, 1986
• Content Type: OPEN SOURCE

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H 8648 CONGRESSIONAL RECORD - HOUSE September 29, 1986
There was no objection.
The SPEAKER pro tempore. With-
out objection the Senate amendment
to the title of H.R. 4378 is agreed to.
There was no objection.
A motion to reconsider was laid on
the table.
GENERAL LEAVE
Mr. VENTO. Mr. Speaker, I ask
unanimous consent that all Members
may have 5 legislative days within
which to revise and extend their re-
marks on the legislation just consid-
ered.
The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from Minnesota?
There was no objection.
COMMUNICATION FROM THE
CLERK OF THE HOUSE
The SPEAKER laid before the
House the following communication
from the Clerk of the House of Repre-
sentatives:
WASHINGTON, DC,
September 29, 1986.
Hon. THOMAS P. O'NEILL, JR.,
The Speaker, House of Representatives,
Washington, DC.
DEAR MR. SPEAKER: Pursuant to the per-
mission granted in Clause 5, Rule III of the
Rules of the U.S. House of Representatives,
I have the honor to transmit sealed enve-
lopes received from the White House as fol-
lows:
(1) At 5:30 p.m. on Friday, September 26,
1986 and said to contain a message from the
President in accordance with the Impound-
ment Control Act of 1974; and
(2) At 5:30 p.m. on Friday, September 26,
1986 and said to contain H.R. 3247, an Act
to amend the Native American Programs
Act of 1974 to authorize appropriations for
fiscal years 1987 through 1990, and a veto
message thereon; and
(3) At 9:25 p.m. on 'Friday, September 26,
1986 and said to contain H.R. 4868, an Act
to prohibit loans to, other investments in,
and certain other activities with respect to,
South Africa, and for other purposes, and a
veto message thereon.
With kind regards, I am,
Sincerely,
BENJAMIN J. GUTHRIE.
Clerk, House oJRepresentatives.
ANTI-APARTHEID ACT OF 1986-
VETO MESSAGE FROM THE
PRESIDENT OF THE UNITED
STATES
The SPEAKER laid before the
House the following veto message
from the President of the United
States.
To the House of Representatives:
I am returning herewith without my
approval H.R. 4868, the Comprehen-
sive Anti-Apartheid Act of 1986. Title
III of this bill would seriously impede
the prospects for a peaceful end to
apartheid and the establishment of a
free and open society for all in South
Africa.
This Administration has no quarrel
with the declared purpose of this
measure. Indeed, we share that pur-
pose: To send a clear signal to the
South African Government that the
American people view with abhorrence
its codified system of racial segrega-
tion. Apartheid is an affront to human
rights and human dignity. Normal and
friendly relations cannot exist be-
tween the United States and South
Africa until it becomes a dead policy.
Americans are of one mind and one
heart on this issue.
But while we vigorously support the
purpose of this legislation, declaring
economic warfare against the people
of South Africa would be destructive
not only of their efforts to peacefully
end apartheid, but also of the opportu-
nity to replace it with a free society.
The sweeping and punitive sanctions
adopted by the Congress are targeted
directly at the labor intensive indus-
tries upon which the victimized peo-
ples of South Africa depend for their
very survival. Black workers-the first
victims of apartheid-would become
the first victims of American sanc-
tions.
Banning the import of sugar, for ex-
ample, would threaten the livelihood
of 23,000 black farmers. Banning the
import of natural resources is a sanc-
tion targeted directly at the mining in-
dustries of South Africa, upon which
more than half a million black labor-
ers depend for their livelihood.
By prohibiting the importation of
food and agricultural products, the
measure would invite retaliation by
South Africa, which since June has
purchased over 160,000 tons of wheat
from the United States. Denying basic
foodstuffs to South Africa-much of
which go to feed the black popula-
tion-will only lead to privation,
unrest, and violence. It will not ad-
vance the goals of peaceful change.
Are we truly helping the black
people of South Africa-the lifelong
victims of apartheid-when we throw
them out of work and leave them and
their families jobless and hungry in
those segregated townships? Or are we
simply assuming a moral posture at
the expense of the people in whose
name we presume to act?
This, then, is the first and foremost
reason I cannot support this legisla-
tion. Punitive economic sanctions
would contribute directly and measur-
ably to the misery of people who al-
ready have suffered enough. Using
America's power to deepen the eco-
nomic crisis in this tortured country is
not the way to reconciliation and
peace. Black South Africans recognize
that they would pay with their lives
for the deprivation, chaos, and vio-
lence that would follow an economic
collapse. That is why millions of
blacks and numerous black leaders in
South Africa are as firm in their oppo-
sition to sanctions as in their abhor-
rence of apartheid.
The imposition of punitive sanctions
would also deliver a devastating blow
to the neighboring states in southern
Africa that depend on Pretoria for
transportation, energy, markets, and
food. An estimated million-and-a-half
foreign workers, legal and illegal, now
live in South Africa. The number of
people, women and children especially,
outside South Africa who are depend-
ent upon the remittances of these
workers for their survival has been es-
timated to be over five million. Do we
truly wish to be directly responsible
for increased suffering, and perhaps
starvation, in southern Africa? Do we
truly wish our action to be the ration-
al Pretoria invokes for expelling these
workers? Do we truly wish to trigger a
cycle of economic sanctions and
counter-sanctions that end up crip-
pling the economy of South Africa and
devastating the economies of the
frontline states? What sense does it
make to send aid to those impover-
ished countries with one hand while
squeezing their economies with the
other?
Disrupting the South African econo-
my and creating more unemployment
will only fuel the tragic cycle of vio-
lence and repression that has gripped
that troubled country. Black unem-
ployment in South Africa in some
areas is over 50 percent-and adding to
it will create more anger, more vio-
lence, and more competition among
blacks struggling to survive. It will not
improve prospects for negotiations.
Another feature of the bill would re-
quire Administration to publicly iden-
tify within six months any and all na-
tions that have chosen not to join us
in observing the U.N. arms embargo
against South Africa, "with a view to
terminating United States military as-
sistance to those countries." But the
United States will not revert to a
single-minded policy of isolationism,
with its vast and unforeseen effects on
our international security relation-
ships, that would be dictated by the
unilateral decisions of our allies. No
single issue, no matter how important,
can be allowed to override in this way
all other considerations in our foreign
policy. Our military relationships
must continue to be based upon a com-
prehensive assessement of our nation-
al defense needs and the security of
the West.
Not only does this legislation con-
tain sweeping punitive sanctions that
would injure most the very people we
seek to help, the legislation discards
our economic leverage, constricts our
diplomatic freedom, and ties the
hands of the President of the United
States in dealing with a gathering
crisis in a critical subcontinent where
the Soviet Bloc-with its mounting in-
vestment of men and arms-clearly
sees historic opportunity. Therefore, I
am also vetoing the bill because it con-
tains provisions that infringe on the
President's constitutional prerogative
to articulate the foreign policy of the
United States.
There are, however, several features
of the measure that the Administra-
tion supports. Title II of the bill, for
example, mandates affirmative meas-
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September 29, 1986 CONGRESSIONAL RECORD - HOUSE
chairman of the subcommittee for just
a second.
As the gentleman knows, the House
passed unanimously three bills related
to monuments to be constructed. One
was the Korean veterans bill memori-
alizing the veterans of the Korean war
conflict. The second bill was for
women who served in the military, and
the third bill was for black members
of the battalion that served in the Re-
voluntionary War. -
I notice in the gentleman's substi-
tute that these three bills which we
passed unanimously and the substitute
amendment which I agree with were
not in the substitute as the gentleman
made mention in the original House
Bill.
I wonder if the gentleman for the
record would like to comment on that.
Mr. VENTO. Mr. Speaker, will the
gentleman from California yield?
Mr. LAGOMARSINO. Further re-
serving the right to object, Mr. Speak-
er, I yield to the gentleman from Min-
nesota.
Mr. VENTO. Mr. Speaker, I thank
the gentlewoman for her assistance
again and would just point out that
this in no way indicates our support or
lack of support. I do support all three
of those memorials.
I think as the measure left the
House, there was concern as to how
the effects of this legislation would
work with these three memorials that
were in fact passed by the House.
This, if anything, I think, will facili-
tate the passage of these measures, be-
cause the Senate looks to this law as
the basic law upon which we will de-
termine the sites, the locations for me-
morials in the future; so those meas-
ures are now awaiting action from the
Senate, which I hope, with the gentle-
woman that the other body will act.
So I think that in no way does this
legislation limit or mitigate against
the enactment. In fact, I think it en-
hances the opportunity for action on
those, because we will have a predict-
able path, a predictable policy, as to
how the sites would be selected for
those particular memorials.
As the gentleman knows and the
other Members here, some of those
will go in that core area, in area one,
the area that has a great number of
memorials today because of the impor-
tance of those particular memorials.
Ms. OAKAR. Mr. Speaker, will the
gentleman yield further?
Mr. LAGOMARSINO. Further re-
serving the right to object, Mr. Speak-
er, I yield to the gentlewoman from
Ohio.
Ms. OAKAR. Mr. Speaker, I would
just say, I thank the gentleman for
that explanation, which I think is
very, very important for our record.
I would just hope that since we have
been so cooperative with the Senate, I
know they have marked up these
three bills, they are ready to go to the
floor of the Senate. I would hope that
they would, in acknowledgement of
the cooperation that has been given to
the Senate, I certainly hope that they
will pass out those bills. It would be
terrible after all the work that has
been done on passage on the House
side and all the work that the commit-
tees of the Senate have gone through
if in our bargaining with the Senate
they did not pass these three bills that
they said they were going to pass.
Mr. Speaker, I thank the gentleman
for yielding. I am very, very pleased
with the consideration that we have
worked out.
^ 1740
Mr. FRENZEL. Mr. Speaker, will the
gentleman yield?
Mr. LAGOMARSINO. Mr. Speaker,
further reserving the right to object, I
yield to the gentleman from Minneso-
ta.
(Mr. FRENZEL asked and was given
permission to revise and extend his re-
marks.)
Mr. FRENZEL. Mr. Speaker, I want
to corroborate the statement of the
gentlewoman from Ohio [MS. DAKAR]
that our committee, which has some
little piece of the jurisdiction, is very
grateful to the gentleman from Min-
nesota [Mr. VENTO] and the gentleman
from California [Mr. LAGOMARSINO] for
working out a formula that we can all
agree to.
I also would like to say to the gentle-
man from Minnesota, in echoing the
statements of the gentlewoman who is
the chairwoman of the Libraries and
Memorials Task Force, that the three
bills to which she referred-the black
patriots, the women heroes, and the
Korean veterans-have had an awful
lot of work on them, and we would
look to the gentleman for help in
seeing that those bills are passed and
that those memorials are placed in
spots that are appropriate. We know
that we will get the full cooperation of
the gentleman from Minnesota.
(Mr. LAGOMARSINO asked and
was given permission to revise and
extend his remarks.)-
Mr. LAGOMARSINO. Mr. Speaker,
further reserving the right to object, I
rise in support of H.R. 4378, to govern
the establishment of commemorative
works within the National Capital
region of the National Park Service.
The House originally passed this bill
in May in response to concerns regard-
ing the increasing pressures of com-
peting uses on park lands in the Dis-
trict of Columbia, particularly the
Mall area. These lands support a wide
variety of activities including national
celebrations, recreational use, and
public demonstrations. In addition,
there are currently 108 commemora-
tive works, including such well-known
memorials as the Lincoln and Jeffer-
son, and the Washington Monument,
occupying Park Service lands. Many
other commemorative works are cur-
rently in the planning process.
In an effort to resolve this problem,
H.R. 4378 includes strict standards for
the placement of commemorative
works on Park Service and other Fed-
H 8647
eral lands in the District of Columbia,
particularly in several key areas in-
cluding the Mall, the Ellipse and the
Washington Monument Grounds. It
also includes standards to ensure that
future commemorative works are
structurally sound and durable.
The other body recently amended
and approved this legislation. The bill
before us today seeks to slightly
modify the Senate-passed version. In-
stead of only allowing-a study to deter-
mine the feasibility of establishing a
site for the placement of temporary
commemorative works, this bill goes
one step further by allowing the Sec-
retary of the Interior to establish such
a site following transmittal of the
study. However, I might point out that
rigid requirements must be met before
any temporary work could be placed at
the site.
In addition, the Senate-passed ver-
sion requires that not only must a de-
termination be made by the appropri-
ate Federal agency that the work to be
placed in the central monumental
core, known as area I, is of preeminent
historical and lasting significance to
the Nation, but Congress must ap-
prove the determination within 90
days or it is deemed disapproved. The
bill before us today would extend the
time period from 90 to 150 days. While
we feel that it should be very arduous
to place new commemorative works in
area I, we believe it is important to
extend the approval period an addi-
tional 2 months to compensate for
congressional recesses, adjournments,
and so forth. Even with this change, it
will still be extremely difficult to
locate new commemorative works in
this critical area, and well it should be.
That is clearly the primary purpose of
this legislation.
I might also point out that this bill
directs the appropriate authorizing
committees to seek the views and rec-
ommendations of the National Capital
Memorial Commission in authorizing
commemorative works. However, I
would like to clarify that this language
is not intended to be interpreted as
meaning that any recommendations
provided by the Commission would be
binding on the Congress.
I believe the months of hard work
and negotiation on H.R. 4378 have
produced a fine bill which achieves
our major goal-to limit the prolifera-
tion of insignificant works on Federal
lands in the D.C. area. This bill will
still permit the commemoration of
worthy individuals and events in our
Nation's history, while establishing a
good balance of uses for the public
lands in our Nation's Capital. There-
fore, I urge all of my colleagues to ap-
prove the amended version of H.R.
4378 before us today.
Mr. Speaker, I withdraw my reserva-
tion of objection.
The SPEAKER pro tempore. (Mr.
MONTGOMERY). Is there objection to
the initial request of the gentleman
from Minnesota?
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September 29, 1986 CONGRESSIONAL RECORD - HOUSE
ures to eliminate apartheid and pro-
vide assistance to its victims, including
support for black participation in busi-
ness enterprises as owners, managers,
and professionals. It authorizes the
President to take steps for the purpose
of assisting firms to fight apartheid
and extend equal opportunity to
blacks in investment, management,
and employment. The bill also con-
tains a number of other useful and re-
alistic provisions, such as those calling
upon the African National Congress
(ANC) to reexamine its Communist
ties mandating a report on the activi-
ties of the Communist Party in South
Africa and the extent to which it has
infiltrated South African political or-
ganizations. Still other portions of the
bill call upon the ANC to condemn the
practice of "necklacing" and terrorism
and to state affirmatively that it will
support a free and democratic post-
apartheid South Africa. These provi-
sions, as well as many others in the
bill, reflect the agreement of the Con-
gress and the Administration on im-
portant aspects of an overall anti-
apartheid policy.
The Administration has been-and
remains-prepared to work with the
Congress to devise measures that
manifest the American people's united
opposition to apartheid-without in-
juring its victims. We remain ready to
work with the Congress in framing
measures that-like the 1962 U.S. em-
bargo of military sales and the careful-
ly targeted sanctions of my own Exec-
utive order of 1985-keep the United
States at arms distance from the
South African regime, while keeping
America's beneficient influence at
work bringing about constructive
change within that troubled society
and nation.
It remains my hope that the United
States can work with its European
allies to fashion a flexible and coordi-
nated policy-consistent with their
recent actions-for constructive
change inside South Africa. I believe
we should support their measures with
similar executive actions of our own,
and I will work with the Congress
toward that goal. It remains my hope
that, once again, Republicans and
Democrats can come together on the
common ground that, after all, we
both share: An unyielding opposition
both to the unacceptable doctrine of
apartheid as well as the unacceptable
alternative of Marxist tyranny-
backed by the firm determination that
the future of South Africa and south-
ern Africa will belong to the free. To
achieve that, we must stay and build,
not cut and run.
That American should recoil at what
their television screens bring them
from South Africa-the violence, the
repression, the terror-speaks well of
us as a people. But the historic crisis
in South Africa is not one from which
the leading nation of the West can
turn its back and walk away. For the
outcome of that crisis has too great a
bearing upon the future of Africa, the
future of NATO, the future of the
West.
Throughout the postwar era, we
Americans have succeeded when we
left our partisan differences at the
water's edge-and persevered; as we
did in the rebuilding of Europe and
Japan, as we are doing today in El Sal-
vador. We have failed when we permit-
ted our exasperation and anger and
impatience at present conditions to
persuade us to forfeit the future to
the enemies of freedom.
Let us not forget our purpose. It is
not to damage or destroy an economy,
but to help the black majority of
South Africa and southern Africa
enjoy a greater ?hare of the material
blessings and bot Pities their labor has
helped to produce-as they secure as
well their legitimate political rights.
That is why sweeping punitive sanc-
tions are the wrong course to follow,
and increased American and Western
investment-by firms that are break-
ing down apartheid by providing equal
opportunity for the victims of official
discrimination-is the right course to
pursue.
Our goal is a democratic system in
which the rights of majorities, minori-
ties, and individuals are protected by a
bill of rights and firm constitutional
guarantees.
RONALD REAGAN.
THE WHITE HOUSE, September 26, 1986.
Mr. FASCELL (during the reading).
Mr. Speaker, I ask unanimous consent
that the message be considered as read
and printed in the RECORD.
The SPEAKER. In the opinion of
the Chair, that would be setting a
precedent, and the Chair believes we
should read the message.
Mr. FASCELL. Mr. Speaker, I with-
draw my request.
The Clerk concluded the reading of
the veto message.
0 1750
The SPEAKER. The objections of
the President will be spread at large
upon the Journal, and the message
and bill will be printed as a House doc-
ument.
The question is, Will the House, on
reconsideration, pass the bill, the ob-
jections of the President to the con-
trary notwithstanding?
The gentleman from Florida [Mr.
FASCELLI is recognized for 1 hour.
Mr. FASCELL. Mr. Speaker, I yield
30 minutes to the distinguished gentle-
man from Michigan [Mr. BROOM-
FIELD], the ranking minority member
on the Committee on Foreign Affairs,
and pending that, Mr. Speaker, I yield
myself 2 minutes.
(Mr. FASCELL asked and was given
permission to revise and extend his re-
marks.)
Mr. FASCELL. Mr. Speaker, today
the House casts a very significant vote.
Those of you who listened to the veto
message from the President did not
hear anything new or different, and
nothing has changed in South Africa
since the time Congress first acted on
H 8649
this bill. As a matter of fact, I think it
is fair to say the situation continues to
get worse.
I shall let others talk about the
moral, political imperatives which
make it necessary to take this legisla-
tive and resulting economic action.
But suffice it to say, we need to ex-
press very clearly once again our feel-
ings as Americans and as the institu-
tion representing the American
people. We must express the feelings
that we have with regard to apartheid;
that we want to separate ourselves in
every possible way from the actions of
the South African Government and in
support of principles that are demo-
cratic and not repressive.
The President can, of course, at any
time issue an executive order. It does
not have to be issued now. One would
have to take into consideration the
reasons issuing it at this time; and the
reasons I think are quite obvious.
We do disagree, but this bill has
been through the political process. It
is overwhelmingly supported by both
parties. So when you look at it in the
cold light of day, it concerns the ques-
tion of votes in the other body. That is
the only difference that exists today,
and that is, in my judgment and with-
out being disrespectful in any way, the
reason for this new executive order.
We, the President and the Congress,
have come closer and closer on this
issue every time it has come up. But I
think the time has come and the time
is today, to vote yes on this bill and
send a clear and unified message on a
bipartisan basis.
Mr. BROOMFIELD. Mr. Speaker, I
yield myself such time as I may con-
sume.
(Mr. BROOMFIELD asked and was
given permission to revise and extend
his remarks.)
Mr. BROOMFIELD. Mr. Speaker,
all Americans stand united in their
condemnation of apartheid and the
human toll that results from this
ghastly system of institutionalized
racism.
The President spoke for all of us
when he stated in his veto message
Friday that "normal and friendly rela-
tions cannot exist between the United
States and South Africa until it
become a dead policy."
The United States is on the side of
change in South Africa and against
those who would maintain the status
quo in that country. That is not to say
that we are on the side of violence or
those who advocate it.
It is my belief that constructive
change in South Africa will come
about not from the barrel of a gun or
from the destruction of the South Af-
rican economy.
The economy is the most effective
force for change in South Africa that
exists today.
We should strengthen it, not weaken
it.
We should help to build a future for
blacks throughout southern Africa.
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H 8650 CONGRESSIONAL RECORD - HOUSE
We should not contribute to the de-
struction of the major vehicle for
their liberation.
I do not consider this position to be
dishonorable, as some in South Africa
and here in the Congress seem to
imply.
Archbishop Tutu has characterized
President Reagan's as position
"racist", apparently because the two
men do not agree on the best way for
the United States to encourage con-
structive change in South Africa. I
object to this kind of name-calling. It
is not only inflammatory, but does not
contribute to a peaceful resolution of
the South Africa tragedy. In fact, the
archbishop owes the President an
apology.
Many prominent anti-apartheid ac-
tivists in South Africa disagree with
the economic sanctions approach.
Chief Buthelezi and Helen Suzman
surely cannot be accused of racism,
and yet opposition to economic sanc-
tions is their position.
In instituting economic sanctions
against South Africa-and in effect, all
of southern Africa-the Congress
would be ensuring the need for dra-
matically higher levels of foreign aid
to most countries in the region. In an
era when foreign aid is targeted for
deep cuts, can we afford this? I do not
think so.
The United States needs to effective-
ly support the forces for peaceful, con-
structive change in South Africa. This
can best be accomplished through
joining with our allies in western
Europe and with Canada and Japan in
whatever actions we take.
For maximum effect, the western in-
dustrialized democracies must speak in
one clear voice when addressing South
Africa. To balkanize our policy re-
sponse to South Africa reduces the
impact we can have on the situation
there.
As the President stated in his re-
marks Friday, "It remains my hope
that the United States can work with
its European allies to fashion a flexi-
ble and coordinated policy-consistent
with their recent actions-for con-
structive change inside South Africa. I
believe we should support their meas-
ures with similar executive actions of
our own, and I will work with Con-
gress toward that goal."
In my judgment, the administration
has been dragging its feet. It should
have more vigorously pursued this
joint approach long ago. However, I
believe the President is sincere in his
desire to do so now, and he has my
support in his efforts.
Mr. Speaker, the escalating violence
in South Africa offers no solutions to
the plight of blacks in that country.
Similarly, doing violence to the econo-
my of South Africa destroys the best
change the country has for rapid
change and an end to the system of
apartheid.
The vote we will soon have to make
today poses a dilemma.
On the one hand, we are frustrated
by the slow pace of change in South
Africa, by the continuing injustice of
the apartheid system.
On the other hand, this bill is not a
solution to the problem.
I again quote from the President's
remarks:
Let us not forget our purpose. It is not to
damage or destroy any economy, but to help
the black majority of South Africa and
southern Africa enjoy a greater share of the
material blessings and bounties their labor
has helped to produce-as they secure as
well their legitimate political rights.
That is why sweeping punitive sanctions
are the wrong course to follow, and in-
creased American and western investment-
by firms that are breaking down apartheid
by providing equal opportunity for the vic-
tims of official discrimination-is the right
course to pursue.
Our goal is a democratic system in which
the rights of majorities, minorities, and indi-
viduals are protected by a Bill of Rights and
firm constitutional guarantees.
In a letter to the minority leader,
Mr. MICHEL, and myself, the President
today outlined the contents of a new
executive order he will soon sign
which will encompass measures re-
cently adopted by many of our allies. I
believe this joint approach has a great
deal of merit and a copy of the letter
follows my remarks.
A few minutes ago, I talked to the
President's national security advisor,
Admiral Poindexter, who emphasized
the importance at this difficult time of
sustaining the President's authority.
He also emphasized that the President
is committed to assisting responsibly
in resolving southern Africa's tragic
dilemma.
Mr. Speaker, I urge my collegues to
vote no on this measure and sustain
the President's veto.
THE WHITE HOUSE,
Washington, September 29, 1986.
Hon. ROBERT H. MICHEL,
Republican Leader, House of Representa-
tives, Washington, DC
DEAR BOB: I understand and share the
very strong feelings and sense of frustration
in the Congress and in our Nation about
apartheid, an unconscionable system that
we all reject. The ongoing tragedy in South
Africa tests our resolve as well as our pa-
tience. None of us wants to aggravate that
tragedy.
In the last several months, the South Af-
rican Government, instead of moving fur-
ther down the once promising path of
reform and dialogue, has turned to internal
repression. We all know that South Africa's
real problem traces to the perpetuation of
apartheid. And we know that the solution to
this problem can only be found in lifting the
present State of Emergency, repealing all
racially discriminatory laws, releasing politi-
cal prisoners, and unbanning political par-
ties-necessary steps opening the way for
negotiations aimed at creating a new,' demo-
cratic order for all South Africans. The
South African Government holds the key to
the opening of such negotiations. Emerging
from discussion among South Africans, we
want to see a democratic system in which
the rights of majorities, minorities, and indi-
viduals are protected by a bill of rights and
firm constitutional guarantees. We will be
actively pursuing diplomatic opportunities
and approaches in an effort to start a move-
ment toward negotiations in South Africa.
September 29, .1986
I outlined in my message to the House of
Representatives on Friday my reasons for
vetoing the Comprehensive Anti-Apartheid
Act of 1986, principally my opposition to pu-
nitive sanctions that harm, the victims of
apartheid and my desire to' work in concert
with our Allies. I also indicated in that mes-
sage that I am prepared to sign an expanded
Executive order that strongly signals our re-
jection of apartheid and our desire to active-
ly promote rapid positive change in South
Africa. I am prepared to expand the range
of restrictions and other measures that will
characterize our relations with South
Africa. There would be strong sanctions in
my new order, sanctions that I earnestly
wish were unnecessary. These sanctions, di-
rected at the enforcers not the victims of
apartheid, encompass measures recently
adopted by many of our Allies, as well as
many elements of the original Senate Com-
mittee version of the bill. They are incon-
testably necessary in today's circumstances.
My intention is to make it plain to South
Africa's leaders that we cannot conduct
business-as-usual with a government that
mistakes the silence of racial repression for
the consent of the governed.
My new Executive order will, therefore,
reaffirm and incorporate the measures I im-
posed last year (i.e. bans on loans to the
South African Government and its agencies,
all exports of computers to apartheid-en-
forcing entities and the military and police,
all nuclear exports except those related to
health, safety, and IAEA programs, imports
of South African weapons, the import of
Krugerrands, and a requirement for all U.S.
firms to apply fair labor standards based on
the Sullivan principles). The Executive
order will also add:
A ban on new investments other than
those in black-owned firms or companies ap-
plying the fair labor standards of the Sulli-
van principles;
A ban on the imports from South Africa
of iron and steel;
A ban on bank accounts for the South Af-
rican Government and its agencies;
A requirement to-identify countries taking
unfair advantage of U.S. measures against
South Africa with a view to restricting their
exports to the United States by the amount
necessary to compensate for the loss to U.S.
companies;
A requirement to report and make recom-
mendations on means of reducing U.S. de-
pendence on strategic minerals from south-
ern Africa;
A requirement to provide at least $25 mil-
lion in assistance for scholarships, educa-
tion, community development, and legal aid
to disadvantaged South Africans with a pro-
hibition on such assistance to any group or
individual who has been engaged in gross
violations of internationally recognzed
human rights;
The imposition of severe criminal and civil
penalties under several statutes for viola-
tion of the provisions of my Executive
order;
A requirement to consult with Allies in
order to coordinate policies and programs
toward South Africa;
A requirement to report on whether any
of these prohibitions has had the effect of
increasing U.S. or allied dependence on the
Soviet bloc for strategic or other critical ma-
terials, with a view to appropriate modifica-
tions of U.S. measures under my Executive
order should such dependency have been in-
creased;
And a clear statement that the Executive
order constitutes a complete and compre-
hensive statement of U.S. policy toward
South Africa, with the intent of preempting
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CONGRESSIONAL RECORD - HOUSE September 12, 1986
^ 1055
GENERAL LEAVE
Mr. WHEAT. Mr. Speaker, I ask
unanimous consent that all Members
may have 5 legislative days in which to
revise and extend their remarks on the
resolution just adopted.
The SPEAKER pro tempore. (Mr.
DANIEL). Is there objection to the re-
quest of the gentleman from Missouri?
There was no objection.
PERSONAL EXPLANATION
Mr. ECKERT of New York. M
Speaker, I was surprised to learn thi
morning that the RECORD lists me as
not voting on final passage of the Om-
nibus Drug Act of 1986 last evening.
That is not accurate. It must be a me-
chanical mishap.
I was present in the Chamber, cast a
vote in the affirmative and voted not
only on final passage but on all bills
yesterday. I would like the RECORD to
reflect my statement, and I ask unani-
mous consent that these remarks be
recorded in the permanent RECORD im-
mediately following that vote on final
passage of H.R. 5484.
The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from New York?
There was no objection.
PERSONAL EXPLANATION
Mr. HORTON. Mr. Speaker, last
night during final passage of the om-
nibus drug bill of 1986, I was standing
next to the gentleman from New York,
Mr. FRED ECKERT, when the vote was
taken. I saw the gentleman take his
voting card out and cast his vote on
final passage.
I know from my personal conversa-
tion during the vote that he had voted
'yes.'
I learned this morning that the
RECORD showed that he had not voted.
That is not accurate; he was present;
he did vote; I was a witness to that.
Mr. Speaker, I ask unanimous con-
sent that my remarks be recorded in
the permanent RECORD immediately
following the vote on the Omnibus
Drug Act of 1986.
The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from New York?
There was no objection.
PERMISSION FOR SUBCOMMIT-
TEE ON FISHERIES AND WILD-
LIFE CONSERVATION AND THE
ENVIRONMENT AND SUBCOM-
MITTEE ON MERCHANT
MARINE OF THE COMMITTEE
ON MERCHANT MARINE AND
FISHERIES TO SIT ON
WEDNESDAY, SEPTEMBER 17,
1986, DURING THE 5-MINUTE
RULE
Mr. BOSCO. Mr. Speaker, I ask
unanimous consent that the Commit-
tee on Merchant Marine and Fisheries'
Subcommittee on Fisheries and Wild-
life Conservation and the Environ-
ment, in conjunction with the Sub-
committe on Merchant Marine, and by
itself, have permission to sit during
the consideration of legislation under
the 5-minute rule on Wednesday, Sep-
tember 17, 1986.
The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from California?
There was no objection.
ANTI-APARTHEID ACT OF 1986
Mr. FASCELL. Mr. Speaker, pursu-
ant to House Resolution 548, I move to
take from the Speaker's table the bill
(H.R. 4868) to prohibit loans to, other
investments in, and certain other ac-
tivities with respect to, South Africa,
and for other purposes, with a Senate
amendment thereto, and concur in the
Senate amendment.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursu-
ant to House Resolution 548, the
Senate amendment is considered as
having been read.
The text of the Senate amendment
is as follows:
Strike out all after the enacting clause
and insert:
SHORT TITLE
Section 1. This Act may be cited as the
"Comprehensive Anti-Apartheid Act of
1986".
TABLE OF CONTENTS
Sec. 2. The table of contents of this Act is
as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Purpose.
TITLE I-POLICY OF THE UNITED
STATES WITH RESPECT TO ENDING
APARTHEID
Sec. 101. Policy toward the Government of
South Africa.
Sec. 102. Policy toward the African National
Congress, etc.
Sec. 103. Policy toward the victims of apart-
heid.
Sec. 104. Policy toward other countries in
Southern Africa.
Sec. 105. Policy toward "frontline" states.
Sec. 106. Policy toward a negotiated settle-
ment.
Sec. 107. Policy toward international coop-
eration on measures to end
apartheid.
Sec. 108. Policy toward necklacing.
Sec. 109. United States Ambassador to meet
with Nelson Mandela.
Sec. 110. Policy toward the recruitment and
training of black South Afri-
cans by United States employ-
ers.
TITLE II-MEASURES TO ASSIST
VICTIMS OF APARTHEID
Sec. 201. Scholarships for the victims of
apartheid.
the United States.
Sec. 207. Employment practices of United
States nationals in South
Africa.
Sec. 208. Code of Conduct.
Sec. 209. Prohibition on assistance.
Sec. 210. Use of the African Emergency Re-
serve.
Sec. 211. Prohibition on assistance to any
person or group engaging in
"necklacing".
Sec. 212. Participation of South Africa in
agricultural export credit and
promotion programs.
TITLE III-MEASURES BY THE UNITED
STATES TO UNDERMINE APARTHEID
Sec. 301. Prohibition on the importation of
krugerrands.
Sec. 302. Prohibition on the importation of
military articles.
Sec. 303. Prohibition on the importation of
products from parastatal orga-
nizations.
Sec. 304. Prohibition on computer exports to
South Africa.
Sec. 305. Prohibition on loans to the Gov-
ernment of South Africa.
Sec. 306. Prohibition on air transportation
with South Africa.
Sec. 307. Prohibitions on nuclear trade with
South Africa.
Sec. 308. Government of South Africa bank
accounts.
Sec. 309. Prohibition on importation of ura-
nium and coal from South
Africa.
Sec. 310. Prohibition on new investment in
South Africa.
Sec. 311. Termination of certain provisions.
Sec. 312. Policy toward violence or terror-
ism.
Sec. 313. Termination of tax treaty and pro-
tocol.
Sec. 314. Prohibition on United States Gov-
ernment procurement from
South Africa.
Sec. 315. Prohibition on the promotion of
United States tourism in South
Africa.
Sec. 316. Prohibition on United States Gov-
ernment assistance to, invest-
ment in, or subsidy for trade
with, South Africa.
Sec. 317. Prohibition on sale or export of
items on Munition List.
Sec. 318. Munitions list sales, notification.
Sec. 319. Prohibition on importation of
South African agricultural
products and food.
Sec. 320. Prohibition on importation of iron
and steel.
Sec. 321. Prohibition on exports of crude oil
and petroleum products.
Sec. 322. Prohibition on cooperation with
the armed forces of South
Africa.
Sec. 323. Prohibition on sugar imports.
TITLE IV-MULTILATERAL MEASURES
TO UNDERMINE APARTHEID
Sec. 401. Negotiating authority.
Sec. 402. Limitation on imports from other
countries.
Sec. 403. Private right of action.
TITLE V-FUTURE POLICY TOWARD
SOUTH AFRICA
Sec. 202. Human rights fund. Sec. 501. Additional measures.
Sec. 203. Expanding participation in the Sec. 502. Lifting of prohibitions.
South African economy. Sec. 503. Study of health conditions in the
Sec. 204. Export-Import Bank of the United "homelands" areas of South
States. Africa
Sec. 205. Labor practices of the United Sec. 504. Reports on South African imports.
States Government in South Sec. 505. Study and report on the economy
Africa of southern Africa.
Sec. 206. Welfare and protection of the vic- Sec. 506. Report on relations between other
tims of apartheid employed by industrialized democracies and
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September 12, 1986 CONGRESSIONAL RECORD - HOUSE
should not preempt the rights of States like
the State of California to determine where to
invest $13 billion of their pension or public
funds. It is not the jurisdictional purpose of
this bill to intrude or intervene in the internal
affairs or a State or local government.
Mr. Speaker, there is a deepening crisis in
South Africa and it is time to respond to the
unambiguous appeals of thousands of South
Africa's black majority who are pleading for us
to take a stronger stand. It is time to take a
stand and answer the calls of thousands of
Americans who urge emphatically for sanc-
tions against South Africa.
I believe H.R. 4868 may not go far enough,
but it is a beginning and a new direction in our
foreign policy in South Africa. More important-
ly, it is time we demonstrated our commitment
to the principles of freedom and democracy
not only in South Africa, but throughout the
world.
The Senate bill is silent on th question of
the preemption issue, but I strongly believe
our rule clarifies this issue and establishes
legislative history. I encourage my colleagues
to support this rule.
Mr. TAYLOR. Mr. Speaker, I have
no further requests for time, and I
yield back the balance of my time.
Mr. WHEAT. Mr. Speaker, just to
make it very clear what the rule actu-
ally does in its second section on pre-
emption, it is not the intent of the
committee, it is not the intent of this
body, to pass any legislation which
grants any new constitutional author-
ity. It is merely our intent to make it
clear that this legislation does not
impact upon authority that States and
local governments already have. If the
State of California has the right to
pass legislation affecting their own
funds in regard to the situation in
South Africa, then they continue to
have that authority. If the State of
Pennsylvania has the authority, then
they continue to have that authority.
Mr. WALKER. Mr. Speaker, will the
gentleman yield?
Mr. WHEAT. No; I will not yield at
this time.
If the University of Mississippi
system has that authority, then they
will continue to have that authority,
and this legislation has no impact
upon the legal or constitutional au-
thority of any State or local munici-
pality.
The gentleman has asked some very
good questions about what will
happen in South Africa, and admitted-
ly this bill cannot guarantee peace in
South Africa. This bill does not guar-
antee an end to apartheid in South
Africa, but it does guarantee one
thing, that the rest to the world, espe-
cially those suffering in South Africa,
will know that this Congress witnessed
the evil and would not turn away.
Mr. Speaker, I have no further re-
quests for time, and I move the previ-
ous question on the resolution.
The previous question was ordered.
Mr. SPEAKER pro tempore (Mr.
DANIEL). The question is on the resolu-
tion.
The question was taken; and the
Speaker pro tempore announced that
the ayes appeared to have it.
Mr. BROOMFIELD. Mr. Speaker, I
object to the vote on the ground that
a quorum is not present and make the
point of order that a quorum is not
present.
Mr. SPEAKER pro tempore. Evi-
dently a quorum is not present.
The Sergeant at Arms will notify
absent Members.
The vote was taken by electronic
device, and there were-yeas 292, nays
92, not voting 47, as follows:
[Roll No. 380]
YEAS-292
Akaka
Fish
Luken
Alexander
Flippo
Lungren
Anderson
Florio
MacKay
Andrews
Fogfietta
Manton
Annunzio
Foley
Martin (IL)
Anthony
Ford (TN)
Martin (NY)
Applegate
Fowler
Martinez
Aspin
Frank
Matsui
AuCoin
Franklin
Mavroules
Barnard
Frenzel
Mazzoli
Barnes
Fuqua
McCain
Bates
Gallo
McCloskey
Bedell
Garcia
McCollum
Beilenson
Gaydos
McCurdy
Bennett
Gejdenson
McEwen
Bereuter
Gibbons
McGrath
Berman
Glickman
McHugh
Bevill
Gonzalez
McKernan
Biaggi
Gordon
McMillan
Bliley
Gradison
Meyers
Boehlert
Gray (IL)
Mica
Boggs
Gray (PA)
Mikulski
Boland
Green
Miller (CA)
Bonior (MI)
Gregg
Miller (WA)
Bonker
Guarini
Mineta
Borski
Gunderson
Mitchell
Bosco
Hall (OH)
Moakley
Brown (CO)
Hamilton
Mollohan
Bruce
Hatcher
Montgomery
Bryant
Hawkins
Moody
Bustamante
Hayes
Morrison (CT)
Byron
Hefner
Morrison (WA)
Carper
Henry
Mrazek
Carr
Hertel
Murphy
Chandler
Hillis
Murtha
Chappell
Hopkins
Natcher
Clay
Horton
Neal
Clinger
Howard
Nelson
Coats
Boyer
Nichols
Collins
Hubbard
Nowak
Conte
Hughes
Oakar
Conyers
Hutto
Oberstar
Cooper
Ireland
Obey
Coughlin
Jacobs
Olin
Courter
Jeffords
Ortiz
Coyne
Jenkins
Panetta
Daniel
Jones (NC)
Pease
Darden
Jones (TN)
Penny
Daschle
Kanjorski
Perkins
Davis
Kaptur
Pickle
de la Garza
Kasich
Price
Dellums
Kastenmeier
Pursell
Derrick
Kemp
Rahall
Dicks
Kennelly
Rangel
Dingell
Kildee
Ray
DioGuardi
Kindness
Regula
Dixon
Kleczka
Reid
Donnelly
Kolbe
Richardson
Dorgan (ND)
Kolter
Rinaldo
Dowdy
Kostmayer
Roberts
Downey
LaFalce
Robinson
Duncan
Lantos
Rodino
Durbin
Latta
Roe
Dwyer
Leach (IA)
Roemer
Dymally
Leath (TX)
Rose
Dyson
Lehman (CA)
Rostenkowski
Early
Lehman (FL)
Roth
Eckart (OH)
Leland
Roukema
Edgar
Lent
Rowland (CT)
Edwards (CA)
Levin (MI)
Rowland (GA)
English
Levine (CA)
Roybal
Erdreich
Lewis (CA)
Russo
Evans (IA)
Lipinski
Sabo
Evans (IL)
Lloyd
Savage
Fascell
Long
Saxton
Fazio
Lowry (WA)
Scheuer
Feighan
Lujan
Schneider
H 6767
Schuette
Stark
Weber
Schulze
Stokes
Weiss
Schumer
Studds
Wheat
Seiberling
Swift
Whitley
Sensenbrenner
Tallon
Whittaker
Sharp
Tauke
Whitten
Shelby
Tauzin
Wilson
Sikorski
Thomas (GA)
Wirth
Sisisky
Torres
Wise
Skelton
Torricelli
Wolpe
Slattery
Traficant
Wortley
Smith (FL)
Traxler
Wright
Smith (IA)
Udall
Wyden
Smith (NE)
Valentine
Wylie
Smith (NJ)
Vento
Yates
Snowe
Visclosky
Yatron
Solarz
Volkmer
Young (FL)
Spratt
Waldon
Young (MO)
Staggers
Walgren
Zschau
Stallings
Watkins
Stangeland
Weaver
NAYS-92
Archer
Gingrich
Porter
Armey
Hall, Ralph
Quillen
Badham
Hammerschmidt Ridge
Bartlett
Hansen
Ritter
Barton
Hendon
Rogers
Bateman
Hiler
Schaefer
Bentley
Holt
Shaw
Bilirakis
Hunter
Shumway
Boulter
Hyde
Shuster
Broomfield
Johnson
Siljander
Burton (IN)
Kramer
Skeen
Callahan
Lagomarsino
Slaughter
Cheney
Lewis (FL)
Smith. Denny
Coble
Lightfoot
(OR)
Coleman (MO)
Lott
Smith, Robert
Combest
Lowery (CA)
(NH)
Craig
Mack
Smith. Robert
Crane
Madigan
(OR)
Dannemeyer
Marlenee
Solomon
Daub
McCandless
Spence
DeLay
Michel
Stenholm
DeWine
Miller (OH)
Strang
Dickinson
Molinari
Stump
Dornan (CA)
Monson
Sundquist
Dreier
Moorhead
Sweeney
Eckert (NY)
Myers
Swindall
Edwards (OK)
Nielson
Taylor
Emerson
Oxley
Vander Jagt
Fawell
Packard
Vucanovich
Fiedler
Parris
Walker
Fields
Pashayan
Wolf
Gekas
Petri
NOT VOTING-47
Ackerman
Crockett
Moore
Atkins
Ford (MI)
Owens
Boner (TN)
Frost
Pepper
Boucher
Gephardt
Rudd
Boxer
Gilman
Schroeder
Breaux
Goodling
Snyder
Brooks
Grotberg
St Germain
Brown (CA)
Hartnett
Stratton
Burton (CA)
Huckaby
Synar
Campbell
Jones (OK)
Thomas (CA)
Carney
Livingston
Towns
Chapman
Loeffler
Waxman
Chappie
Lundine
Whitehurst
Cobey
Markey
Williams
Coelho
McDade
Young (AK)
Coleman (TX)
McKinney
^ 1045
Messrs. DICKINSON, GINGRICH,
PACKARD, and RALPH M. HALL
changed their votes from "yea" to
"nay.'
Mr. FRENZEL changed his vote
from "nay" to "yea."
So the resolution was agreed to.
The result of the vote was an
nounced as above recorded.
A motion to reconsider was laid on
the table.
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September 12, 1986 CONGRESSIONAL RECORD - HOUSE H 6769
South Africa. equity security issued by the Government of (5) negotiate with representatives of all
Sec. 507. Study and report on deposit ac- South Africa or a South African entity racial groups in South Africa the future po-
counts of South African na- before the date of enactment of this Act, or litical system in South Africa,' and
tionals in United States banks. the transfer or acquisition of such a share, 16) end military and paramilitary activi-
Sec. 508. Study and report on the violation interest, or debt or equity security, if any ties aimed at neighboring states.
of the international embargo such transfer or acquisition does not result (c) The United States will encourage the
on sale and export of military in a payment, contribution of funds or actions set forth in subsection (b) through
articles to South Africa. assets, or credit to a South African entity, a economic, political, and diplomatic meas-
Sec. 509. Report on Communist activities in controlled South African entity, or the Gov- ures as set forth in this Act. The United
South Africa. ernment ofSouth Africa; States will adjust its actions toward the
Sec. 510. Prohibition on the Importation of (5) the term "national of the United Government of South Africa to reflect the
Soviet Gold Coins. States" means- progress or lack of progress made by the
Sec. 511. Economic support for disadvan- (A) a natural person who is a citizen of Government of South Africa in meeting the
taged South Africans. the United States or who owes permanent al- goal set forth in subsection (a).
Sec. 512. Report on the African National legiance to the United States or is an alien POLICY TOWARD THE AFRICAN NATIONAL
Congress. lawfully admitted for permanent residence CONGRESS, ETC.
TITLE VI-ENFORCEMENT AND in the United States, as defined by section
ADMINISTRATIVE PROVISIONS 101(?)(20) of the Immigration and National- SEC. 102. (a) United States policy toward
ity Act (8 U.S.C. 1101(a)(20)); or the African National Congress, the Pan Afri-
Sec. 601. Regulatory authority. (B) a corporation, partnership, or other can Congress, and their affiliates shall be
Sec. 602. Congressional priority procedures. business association which is organized designed to bring about a suspension of vio-
Sec. 603. Enforcement and penalties. under the laws of the United States, any lence that will lead to the start of negotia-
Sec. 604. Applicability to evasions of Act. State or territory thereof, or the District of tions designed to bring about a nonracial
Sec. 605. Construction of Act. Columbia; and genuine democracy in South Africa.
Sec. 606. State or local anti-apartheid laws, (6) the term "South Africa" includes- (b) The United States shall work toward
enforce. (A) the Republic of South Africa; this goal by encouraging the African Nation-
DEFINITIONS (B) any territory under the Administra- at Congress and the Pan African Congress,
SEC. 3. As used in this Act- tion, legal or illegal, of South Africa; and and their affiliates, to-
(1) the term "Code of Conduct" refers to (C) the "bantustans" or "homelands"; to (1) suspend terrorist activities so that ne-
the principles set forth in section 208(a); which South African blacks are assigned on gotiations with the Government of South
(2) the term "controlled South African the basis of ethnic origin, including the Africa and other groups representing black
entity" means- Transkei, Bophuthatswana Ciskei, and South Africans wig o possible;
(A) a corporation, partnership, or other Venda; and (2) makc known their commitment to a
business association or entity organized in (7) the term "South African entity"
South Africa and owned or controlled, di- means- free and democratic post-apartheid South
rectly or indirectly, by a national of the (A) a corporation, partnership, or other Africa;
United States: or business association or entity organized in (3) agree to enter into negotiations with
(B) a branch, office, agency, or sole propri- South Africa; or the South African Government and other
etorship in South Africa of a national of the (B) a branch, office, agency, or sole propri- groups representing black South Africans for
United States; etorship in South Africa of a person that re- the peaceful solution of the problems of
(3) the term "loan"- sides or is organized outside South Africa; South Africa;
(A) means any transfer or extension of and (4) reexamine their ties to the South Afri-
(8) the term "United States" includes the can Communist Party.
fonds repay, credit on sue basis or guarantee on States of the United States, the District of (c) The United States will encourage the
th repay, or any assumption
a ayan ex of Columbia, the Commonwealth of Puerto actions set forth in subsection (b) through
the obligation of another repay Rico, and any territory or possession of the
Sion oJJunds or credit, including- political and diplomatic measures. The
(i) overdrafts, United States. United States will adjust its actions toward
(ii) currency swaps, PURPOSE the Government of South Africa not only to
(iii) the purchase of debt or equity securi- SEC. 4. The purpose of this Act is to set reflect progress or lack of progress made by
ties issued by the Government of South forth a comprehensive and complete frame- the Government of South Africa in meeting
Africa or a South African entity on or after work to guide the efforts of the United States the goal set forth in subsection 101(a) but
the date of enactment of this Act, in helping to bring an end to apartheid in also to reflect progress or lack of progress
(iv) the purchase of a loan made by an- South Africa and lead to the establishment made by the ANC and other organizations
other person, of a nonracial, democratic form of govern- in meeting the goal set forth in subsection
(v) the sale of financial assets subject to ment. This Act sets out United States policy (a) of this section.
an agreement to repurchase, and toward the Government of South Africa, the POLICY TOWARD THE VICTIMS OF APARTHEID
(vi) a renewal or refinancing whereby victims of apartheid, and the other states in SEC. 103. (a) The United States policy
funds or credits are transferred or extended southern Africa. It also provides the Presi- toward the victims of apartheid is to use
to the Government of South Africa or a dent with additional authority to work with
the other industrial democracies to help end economic, political, diplomatic, and other
South African entity, cud and apartheid and establish democracy in South effective means to achieve the removal of the
(B) does al include- Africa root cause of their victimization, which is
by !i) letters of normal credit it or or short-term strade trade financing, de credits; as TITLE I-POLICY OF THE UNITED the apartheid system. In anticipation of the
a
similar nd as a
(ii) sales on open account in cases where STATES WITH RESPECT TO ENDING reemovroval of means the system l of apartheid asand a
such sales are normal business practice; or APARTHEID is f of the policy of the United States to assist
(iii) rescheduling of existing loans, if no POLICY TOWARD THE GOVERNMENT OF SOUTH these victims of apartheid as individuals
new funds or credits are thereby extended to AFRICA and through organizations to overcome the
a South African entity or the Government of SEC. 101. (a) United States policy toward handicaps imposed on them by the system of
South Africa; the Government of South Africa shall be de- apartheid and to help prepare them for their
14) the term "new investment"- signed to bring about reforms in that system rightful roles as full participants in the po-
(A) means- of government that will lead to the establish- litical, social, economic, and intellectual life
(i) a commitment or contribution offunds ment of a nonracial democracy. of their country in the post-apartheid South
or other assets, and (b) The United States will work toward Africa envisioned by this Act.
(ii) a loan or other extension of credit, and this goal by encouraging the Government of (b) The United States will work toward the
(B) does not include- South Africa to-
(i) purposes of subsection /a) by-
the reinvestment of profits generated by (1) repeal the present state of emergency providing assistance to South African
a controlled South African entity into that and respect the principle of equal justice (1) prov
ce t South Africdiscrimination
same controlled South African entity or the under law for citizens of all races; victims (1 apasexrthe, d
wi u b icinvestment of such profits in a South Afri- (2) release Nelson Mandela, Govan Mbeki, by race, of color, take advantage or educa-
(ii) entity; Walter Sisulu, black trade union leaders, cal tp orientation, sex,
to ke aAfrica and a-
(ii) contributions of money or other assets and all political prisoners; tional opportunities leadership
and
where such contributions are necessary to (3) permit the free exercise by South Afri- the the United in a States post-apartheid to oprepare r South Africa;
enable a controlled South African entity to cans of all races of the right to form politi-
operate in an economically sound manner, cal parties, express political opinions, and (2) assisting victims of apartheid;
without expanding its operations: or otherwise participate in the political proc- (3) aiding individuals or groups in South
(iii) the ownership or control of a share or ess; Africa whose goals are to aid victims of
interest in a South African entity or a con- (4) establish a timetable for the elimina- apartheid or foster nonviolent legal or polit-
trolled South African entity or a debt or tion of apartheid laws: ical challenges to the apartheid laws;
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11 6770 CONGRESSIONAL RECORD - HOUSE
September 12, 1986
(4) furnishing direct financial assistance and legitimate political parties in South (b) Accordingly, the Congress urges the
to those whose nonviolent activities had led Africa include several organizations that President to seek such cooperation among
to their arrest or detention by the South AJ have been banned and will work for the un- all individuals, groups, and nations.
rican authorities and (B/ to the families of banning of such organizations in order to
those killed by terrorist acts such as "neck- permit legitimate political viewpoints to be
SEC. 108. It POLICY the s se of NECKLACING
lacings", represented at such negotiations. The is the sense o the Congress
(5) intervening at the highest political United States also recognizes that some of that the African National take kl Congress should
levels in South Africa to express the strong the organizations fighting apartheid have against condemn and teffective actions
desire of the United States to see the devel- become infiltrated by Communists and that noinst as execution by fire, commonly
opment in South Africa of a nonracial Communists serve on the governing boards known ?s "neckl?cing"; of any person in
democratic society; of such organizations. any country.
(6) supporting the rights of the victims of (2/ To this end, it is the sense of the Con-
apartheid through UNITED STATES AMBASSADOR TO MEET WITH
political, economic, or gress that the President the Secretary of NELSON MANDELA
other sanctions in the event the Government State, or other appropriate high-level United SEC. 109. It is the sense of the Senate that
of South Africa fails to make progress States officials should meet with the leaders the United States Ambassador should
toward the removal of the apartheid laws of opposition organizations of South Africa, promptly make a formal request to the South
and the establishment of such democracy; particularly but not limited to those organi- African Government for the United States
and zations representing the black majority.
(7) supporting the rights of all Africans to Furthermore, the President, in concert with the Presidentto meet with Nelson THE RECRUITMENT 1ANDdTRAIN-
be free of terrorist attacks by setting a time the major allies of the United States and ING OF BLACK SOUTH AFRICANS BY UNITED
limit after which the United States will other interested parties, should seek to bring STATES EMPLOYERS
pursue diplomatic and political measures together opposition political leaders with SEC. 110. (a) The Congress finds that-
against those promoting terrorism and leaders of the Government of South Africa (1) the policy of apartheid is abhorrent
against those countries harboring such for the purpose of negotiations to achieve a and morally repugnant;
groups so as to achieve the objectives of this transition to the postapartheid democracy (2) the United States believes strongly in
Act. envisioned in this Act.
POLICY TOWARD OTHER COUNTRIES IN SOUTHERN (b) The United States will encourage the the principles of democracy and individual
AFRICA Government of South Africa and all partici- freedoms; the
SEC. 104. (a) The United States policy pants to the negotiations to respect the right political (3/the United participationo States of f all cif ze policy of
toward the other countries in the Southern of all South Africans to form political par- t ciecono
ns;
African region shall be designed to encour- ties, express political opinions, and other- (4) a free, open, and vital economy is a
age democratic forms of government, full re- wise participate in the political process primary economic means for achieving for all cquali s;
spect for human rights, an end to cross- without fear of retribution by either govern- and economic advancement for all citizens;
border terrorism, political independence, mental or nongovernmental organizations. and
and economic development. It is the sense of the Congress that a suspen- (5c the o United States is committed m a
(b) The United States will work toward the sion of violence is an essential precondition policy and securing and enhancing human
purposes of subsection (a) by- for the holding of negotiations. The United rights and individual dignity throughout
(1) helping to secure the independence of States calls upon all parties to the co the world.
Namibia and the establishment of Namibia to agree to a suspension of violence. it i zct ( It St a totes the Aloe rs opthe Congress tuth
as a nonracial democracy in accordance (c) The United States will work toward the Africa are obliged o both th generally to in actively
with appropriate United Nations Security achievement of agreement to suspend vio- oppose the obliged practices vy t apartheid
Council resolutions; lence and begin negotiations through co- and ds e policy and engage of ap itmei t
(2) supporting the removal of all foreign ordinated actions with the major Western training of a egge in recruitment
military
military forces from the region; allies and with the governments of the coun- and trainng black and colored South Af-
encouraging the nations of the region tries in the region. ricans for management responsibilities.
to settle differences through peaceful means; (d/ It is the sense of the Congress that the
(4) promoting economic development TITLE II-MEASURES TO ASSIST
through bilateral and multilateral economic achievement of an agreement for negates- VICTIMS OF APARTHEID
through taeral a d ul t it ate opportuni- lions could be promoted if the United States SCHOLARSHIPS FOR THE VICTIMS OF APARTHEID
ties in the g and its major allies, such as Great Britain, SEC. 201. (a) Section 105(b) of the Foreign
productive sectors of national Canada, France, Italy, Japan, and West Assistance Act of 1961 is amended-
economies, with a particular emphasis on Germany, would hold a meeting to develop a (1/ by inserting "(1) " after "(b) '; and
increasing opportunities for nongovernmen- four-point plan to discuss with the Govern- (2) by adding at the end thereof the follow-
tal economic activities; ment of South Africa a proposal for stages of
in
g encouraging, and when necessary, multilateral assistance to South new (i) Of the
paragraph:
strongly demanding, that all countries of the Africa za (ro priat d the amounts authorized to be
J implementing- for the Government of South Africa appropriated
region respect the human rights of their cite- implementing-
efiscal yea to carry out this 1 section ass
r
zens and noncitizens residing in the coun- (1) an end to the state of emergency and 000,00 1sha c 1 be be8, and in 1989, each not less
try, and especially the release of persons per- the release of the political prisoners, includ- fiscal year to finance used in esuch
secuted for their political beliefs or detained ing Nelson Mandela; and fiscal year scholarships s for r the and e victim faapart-
without trial; (2) the unbanning of the heid, including e other educa-
(6) encouraging, and when necessary, Congress, I African National
the Lioninrlf ssio teachers atend g uni-
strongly demanding that all countries of the the Pan African Congress, the Banal professionals, who are attending ca.
region take J Black Consciousness Movement, and all versifies and colleges in South Africa.
effective action to end cross- other groups willing to suspend terrorism Amounts available to carry out this sub-
border terrorism; and and to
(7) providing appropriate assistance, participate in negotiations and a paragraph shall be provided in accordance
wiz) toovimngtions olpri to assistance, democratic process; with the
wittier at home and in other n responc
, - (3) a revocation of the Group Areas Act International provisions of and Dn D802(c) of evelopment the
ecurity and Development Co-
and the Population Registration Act and the operation opAct Sof 198
assist regional economic cooperation and granting of universal citizenship to all "(ii) -F ds made 5.
the development of interregional transporta- South Africans, including homeland resi- year for purposes soachapter ee each of such
tion and other capital facilities necessary dents; and 11 of fiscal y this s for ay be used to finance part
for economic growth. (4) the use of the international offices of a education Act may be usd c ru
POLICY TOWARD "FRONTLINE" STATES third party as an intermediary to bring li fa equalna, and made available
in
n
SEC. 105. It is the sense of the Congress about negotiations with the object of the es- and of s equal amount made available
that the President should discuss with the tablishment of power-sharing with the black "(B)(i) under this nubparagraph.
governments of the African "frontline" majority. Purposes of subpa a a amounts used for
states the effects on them of disruptions in POLICY TOWARD INTERNATIONAL COOPERATION primarily responsible ponsible for a (i the agency
transportation or other economic links primarily responsble for Admihirteripr this
lltTOtlgh South Africa and of means of reduc- ON MEASURES TO END APARTHEID part, in collaboration with other a p
ate those effects. SEC. 107. (a) The Congress finds that- poped
ate departments or agencies of provided United
POLICY TOWARD A NEGOTIATED SETTLEMENT (1) international is a frolic- States, shall use assistance pr under
uisite to to an effective anti-apartheid policy this section or chapter er 4 of part 11 II of this
SEC. 106. (a)(1) United States policy will and to the suspension of terrorism in South Act to finance scholarships for students pur-
seek to promote negotiations among repre- Africa; and
sentatives of all citizens of South Africa to (2) the situation in South suing secondary school education p South
n
a future Africa coned- Africa. shall selection scholarship rb re-
determine political system that lutes an emergency in international seta- eat eats shall be by y a ? nationwide panel or by y re-
would permit all citizens to be full partici- tions and that action is necessary for the gional panels appointed by the United
pants in the governance of their country. protection of the essential security interests States chief of diplomatic mission to South
The United States recognizes that important of the United States.
Africa.
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September 12, 1986 CONGRESSIONAL RECORD - HOUSE H 6771
"(ii) Of the amounts authorized to be ap- housed in family accommodations near (3) for the employment services of South
propriated to carry out this section and their place of employment. Africans arranged by contract,
chapter 4 of part 11 of this Act for the fiscal "(2l(A) No grant under this subsection should represent the best of labor practices
years 1987, 1988, and 1989, up to an aggre- may exceed $100,000. in the United States and should serve as a
gate of $1,000,000 may be used in each such "(B) The average of all grants under this model for the labor practices of nationals of
fiscal year for purposes of this subpara- paragraph made in any fiscal year shall not the United States in South Africa.
graph. exceed $70,000. (b) The Secretary of State and any other
"(C)(i) In addition to the assistance au- "(g) Of the funds made available to carry head of a department or agency of the
thorized in subparagraph (A), the agency out subsection (e)(2)(A) for each fiscal year, United States carrying out activities in
primarily responsible for administering this $175,000 shall be used for direct assistance South Africa shall promptly take, without
part shall provide assistance for inservice to families of victims of violence such as regard to any provision of law, the neces-
teacher training programs in South Africa 'necklacing' and other such inhumane acts. sary steps to ensure that the labor practices
through such nongovernmental organiza- An additional $175,000 shall be made avail- applied to the employment services de-
tions as TOPS or teachers' unions. able to black groups in South Africa which scribed in paragraphs (1) through (3) of sub-
"(ii) Of the amounts authorized to be ap- are actively working toward a multi-racial section (a) are governed by the Code of Con-
propriated to carry out this section and solution to the sharing of political power in duct. Nothing in this section shall be con-
chapter 4 of part II of this Act, up to an ag- that country through nonviolent, construe- strued to grant any employee of the United
gregate of $500,000 for the fiscal year 1987 tive means.": States the right to strike.
and up to an aggregate of $1,000,000 for the EXPANDING PARTICIPATION IN THE SOUTH WELFARE AND PROTECTION OF VICTIMS OF
fiscal year 1988 may be used for purposes of AFRICAN ECONOMY APARTHEID BY THE UNITED STATES
this subparagraph, subject to standard pro- SEC. 203. (a) The Congress declares that- SEC. 206. (a) The Secretary of State shall
ceduresforProject review and approval.': (1) the denial under the apartheid laws of
(b) The Foreign Assistance Act of 1961 is acquire, through lease or purchase, residen-
amended by inserting after section 116 the South Africa of the rights of South African tial properties in the Republic of South
following new section: blacks and other nonwhites to have the op- Africa that shall be made available, at rents
"SEC. 117. ASSISTANCE FOR DISADVANTAGED portunity to participate equitably in the that are equitable, to assist victims of apart-
SOUTH AFRICANS.-In providing assistance South African economy as managers or heid who are employees of the United States
under this chapter or under chapter 4 of owners of, or professionals in, business en- Government in obtaining adequate housing.
part II of this Act for disadvantaged South terprises, and Such properties shall be acquired only in
Africans, priority shall be given to working (2) the policy of confining South African neighborhoods which would be open to occu-
with and through South African nongovern- blacks and other nonwhites to the status of pancy by other employees of the United
mental organizations whose leadership and employees in minority-dominated business- States Government in South Africa,
staff are selected on a nonracial basis, and es, (b) There are authorized to be appropri-
which have the support of the disadvan- is an affront to the values of a free society. ated $10,000,000 for the fiscal year 1987 to
taged communities being served. The meas- (b) The Congress hereby- carry out the purposes of this section.
ure of this community support shall be the (1) applauds the commitment of nationals EMPLOYMENT PRACTICES OF UNITED STATES
willingness of a substantial number of dis- of the United States adhering to the Code of NATIONALS IN SOUTH AFRICA
advantaged persons to participate in activi- Conduct to assure that South African blacks SEC. 207. (a) Any national of the United
ties sponsored by these organizations. Such and other nonwhites are given assistance in States that employs more than 25 persons in
organizations to which such assistance may gaining their rightful place in the South Af- South Africa shall take the necessary steps
be provided include the Educational Oppor- rican economy; and to insure that the Code of Conduct is imple-
tunities Council, the South African Institute (2) urges the United States Government to mented.
of Race Relations, READ, professional assist in all appropriate ways the realiza- (b) No department or agency of the United
teachers' unions, the Outreach Program of tion by South African blacks and other non- States may intercede with any foreign gov-
the University of the Western Cape, the whites of their rightful place in the South ernment or foreign national regarding the
Funda Center in Soweto, SACHED, UPP African economy. export marketing activities in any country
Trust, TOPS, the Wilgespruit Fellowship (c) Notwithstanding any other provision of any national of the United States employ-
Center (WFC), and civic and other organi- of law, the Secretary of State and any other ing more than 25 persons in South Africa
zations working at the community level head of a department or agency of the that is not implementing the Code of Con-
which do not receive funds from the Govern- United States carrying out activities in duct.
ment of South Africa. ". South Africa shall, to the maximum extent CODE OF CONDUCT
HUMAN RIGHTS FUND practicable, in procuring goods or services, SEC. 208. (a) The Code of Conduct referred
SEC. 202. (a) Section 116(e)(2)(A) of the make affirmative efforts to assist business to in sections 203, 205, 207, and 603 of this
Foreign Assistance Act of 1961 is amended- enterprises having more than 50 percent Act is as follows:
(1) by striking out "1984 and" and insert- beneficial ownership by South African (1) desegregating the races in each employ-
ing in lieu thereof "1984,"; and blacks or other nonwhite South Africans. ment facility;
(2) by inserting after "1985" a comma and EXPORT-IMPORT BANK OF THE UNITED STATES (2) providing equal employment opportu-
the following: "and $1,500,000 for the fiscal SEC. 204. Section 2(b)(9) of the Export- nity for all employees without regard to race
year 1986 and for each fiscal year thereaf- Import Bank Act of 1945 is amended- or ethnic origin;
ter": (1) by striking out "(9) In" and inserting (3) assuring that the pay system is applied
(b) Section 116 of such Act is amended by in lieu thereof "(9)(A) Except as provided in to all employees without regard to race or
adding at the end thereof the following new subparagraph (B), in"; and ethnic origin;
subsection: (2) by adding at the end thereof the follow- (4) establishing a minimum wage and
"(f)(1) Of the funds made available to ing.' salary structure based on the appropriate
carry out subsection (e)(2)(A) for each fiscal "(B) The Bank shall take active steps to local minimum economic level which takes
year, not less than $500,000 shall be used for encourage the use of its facilities to guaran- into account the needs of employees and
direct legal and other assistance to political tee, insure, extend credit, or participate in their families;
detainees and prisoners and their families, the extension of credit to business enter- (5) increasing by appropriate means the
including the investigation of the killing of prises in South Africa that are majority number of persons in managerial, superviso-
protesters and prisoners, and for support for owned by South African blacks or other non- ry, administrative, clerical, and technical
actions of black-led community organiza- white South Africans. The certification re-
tions to resist, through nonviolent means, jobs who are disadvantaged by the apartheid
the enforcement of apartheid policies such quirement contained in clause (c) of sub- system for the purpose of significantly in-
paragraph (A) shall not apply to exports to creasing their representation in such jobs,
as- or purchases from business enterprises (6) taking reasonable steps to improve the
"(A) removal of black populations from
certain geographic areas on account of race which are majority owned by South African blacks or other nonwhite South Africans.quality of employees' lives outside the work
or ethnic origin, environment with respect to housing, trans-
"(B) denationalization of blacks, includ- LABOR PRACTICES OF THE UNITED STATES portation, schooling, recreation, and health;
ing any distinctions between the South Afri- GOVERNMENT IN SOUTH AFRICA and
can citizenships of blacks and whites, SEC. 205. (a) It is the sense of the Congress (7) implementing fair labor practices by
"(C) residence restrictions based on race that the labor practices used by the United recognizing the right of all employees, re-
or ethnic origin, States Government- gardless of racial or other distinctions, to
"(D) restrictions on the rights of blacks to (1) for the direct hire of South Africans, self-organization and to form, join, or assist
seek employment in South Africa and to live (2) for the reimbursement out of official labor organizations, freely and without pen-
wherever they find employment in South residence funds of South Africans and em- alty or reprisal, and recognizing the right to
Africa, and ployees of South African organizations for refrain from any such activity.
"(E) restrictions which make it impossible their long-term employment services on (b) It is the sense of the Congress that in
for black employees and their families to be behalf of the United States Government, and addition to the principles enumerated in
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subsection (a), nationals of the United
States subject to section 207 should seek to
comply with the following principle: taking
reasonable measures to extend the scope of
influence on activities outside the work-
place, including-
(1) supporting the unrestricted rights of
black businesses to locate in urban areas;
(2) influencing other companies in South
Africa to follow the standards of equal rights
principles,
(3) supporting the freedom of mobility of
black workers to seek employment opportu-
nities wherever they exist, and make provi-
sion for adequate housing for families of em-
ployees within the proximity of workers' em-
ployment, and
x
(4) supporting the rescission of all apart- ep for
those strategic minerals for which the Presi-
heid laws. dent has certified to the Congress that the
(c) The President may issue additional quantities essential for the economy or de-
guidelines and criteria to assist persons who fense of the United States are unavailable
are or may be subject to section 207 in com- from reliable and secure suppliers and
plying with the principles set forth in sub- except for any article to be imported pursu-
section (a) of this section. The President ant to a contract entered into before August
may, upon request, give an advisory opinion 15, 1986: Provided, That no shipments may
to any person who is or may be subject to be received by a national of the United
this section as to whether that person is sub- States under such contract after April 1,
ject to this section or would be considered to 1987.
be in compliance with the principles set (b) For purposes of this section, the term
forth in subsection (a). ' parastatal organization" means a corpora-
(d) The President may require all nation- tion or partnership owned or controlled or
ats of the United States referred to in section subsidized by the Government of South
207 to register with the United States Gov- Africa, but does not mean a corporation or
ernment
. partnership which previously received start-
(e) Notwithstanding any other provision up assistance from the South African Indus-
of law, the President may enter into con- trial Development Corporation but which is
tracts with one or more private organiza- now privately owned.
tions or individuals to assist in implement- PROHIBITION ON COMPUTER EXPORTS To SOUTH
ing this section. AFRICA
PROHIBITION ON ASSISTANCE SEC. 304. (a) No computers, computer soft-
SEC. 209. No assistance may be provided ware, or goods or technology intended to
under this Act to any group which main- manufacture or service computers may be
tain within its ranks any individual who exported to or for use by any of the following
has been found to engage in gross violations entities of the Government of South Africa.,
of internationally recognized human rights (1) The military.
(as defined in section 502B(d)(1) of the For- (2) The police.
eign Assistance Act of 1961). (3) The prison system.
USE OF THE AFRICAN EMERGENCY RESERVE (4) The national security agencies.
SEC. 210. Whenever the President deter- (5) ARMSCOR and its subsidiaries or the
mines that such action is necessary or ap- weapons research activities of the Council
propriate to meet food shortages in southern for Scientific and Industrial Research.
Africa, the President is authorized to utilize (6) The administering authorities for con-
the existing, authorized, and funded reserve trolling the movements of the victims of
entitled the "Emergency Reserve for African apartheid.
Famine Relief" to provide food assistance (7) Any apartheid enforcing agency.
and transportation for that assistance. (81 Any local, regional, or homelands gov-
PROHIBITION ON ASSISTANCE TO ANY PERSON OR ernment entity which performs any function
GROUP ENGAGING IN "NECKLACING" of any entity described in paragraphs (1)
SEC. 211. No assistance may be provided through (7).
under this Act, the Foreign Assistance Act of (b)(1) Computers, computer software, and
1961, or any other provision of law to any goods or technology intended to service corn-
individual, group, organization, or member puters may be exported, directly or indirect-
thereof, or entity that directly or indirectly ly, to or for use by an entity of the Govern-
engages in, advocates, supports, or approves ment of South Africa other than those set
the practice of execution by fire, commonly forth in subsection (a) only if a system of
known as "necklacing". end use verification is in effect to ensure
PARTICIPATION OF SOUTH AFRICA INAGRICULTUE. that the computers involved will not be used
AL EXPORT CREDIT AND PROMOTION PROGRAMS for any function of any entity set forth in
SEC. 212. Notwithstanding any other pro- subsection (a).
vision of this Act or any other provision of scribe The such rules Secretary and of reg gummenulations s may pre-
law, the Secretary of Agriculture may permit scri as may be
South Africa to participate in agricultural necessary to carry out this section.
export credit and promotion programs con- PROHIBITION ON LOANS TO THE GOVERNMENT OF
ducted by the Secretary at similar levels, SOUTH AFRICA
and under similar terms and conditions, as SEC. 305. (a) No national of the United
other countries that have traditionally pur- States may make or approve any loan or
chased United States agricultural commod- other extension of credit, directly or indi-
ities and the products thereof rectly, to the Government of South Africa or
TITLE III-MEASURES BY THE UNITED to any corporation, partnership or other or-
STATES TO UNDERMINE APARTHEID ganization which is owned or controlled by
September 12, 1986
Of is available in a geographic area ac-
cessible to all population groups Without -
any legal or administrative restriction; or
(21 a loan or extension of credit for which
an agreement is entered into before the date
of enactment of this Act.
PROHIBITION ON AIR TRANSPORTATION WITH
SOUTH AFRICA
SEC. 306. (a)(ll The President shall inzme
diately notify the Government of South
Africa of his intention to suspend the rights
of any air carrier designated by the Govern-
ment of South Africa under the Agreement
Between the Government of the United
States of America and the Government of
the Union of South Africa Relating to Air
Services Between Their Respective Territo-
ries, signed May 23, 1947, to service the
routes provided in the Agreement.
(2) Ten days after the date of enactment of
this Act, the President shall direct the Secre-
tary of Transportation to revoke, the right of
any air carrier designated by the Govern-
ment of South Africa under the Agreement to
provide service pursuant to the Agreement.
(3) Ten days after the date of enactment of
this Act, the President shall direct the Secre-
tary of Transportation not to permit or oth-
erwise designate any United States air car-
rier to provide service between the United
States and South Africa pursuant to the
Agreement.
(b)(1) The Secretary of State shall termi
nate the Agreement Between the Govern-
ment of the United States of America and
the Government of the Union of South
Africa Relating to Air Services Between
Their Respective Territories, signed May 23,
1947, in accordance with the provisions of
that agreement.
(2) Upon termination of such agreement,
the Secretary of Transportation shall pro-
hibit any aircraft of a foreign air carrier
owned, directly or indirectly, by the Govern-
ment of South Africa or by South African
nationals from engaging in air transporta-
tion with respect to the United States.
(3) The Secretary of Transportation shall
PROHIBITION ON THE IMPORTATION OF MILITARY
ARTICLES
SEC. 302. No arms, ammunition, or mili-
tary vehicles produced in South Africa or
any manufacturing data for such articles
may be imported into the United States.
PROHIBITION ON TILE IMPORTATION OF PRODUCTS
FROM PARASTATAL ORGANIZATIONS
SEC. 303. (a) Notwithstanding any other
provision of law, no article which is grown,
produced, manufactured by, marketed, or
otherwise exported by a parastatal organiza-
tion of South Africa may be imported into
the United States, (1) except for agricultural
products during the 12 month period from
the date of enactment' and (2) e
c t
KRUGERRANDS-Y-^,+vR
SEC. 301. No person, including a bank,
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.
prohibit the takeoff and landing in South
Africa of any aircraft by an air carrier
owned, directly or indirectly, or controlled
by a national of the United States or by any
corporation or other entity organized under
the laws of the United States or of any State.
(c) The Secretary of Transportation may
provide for such exceptions from the prohv,
bition contained in subsection (a) or (b) as
the Secretary considers necessary to provide
for emergencies in which the safety of an
aircraft or its crew or passengers is threat-
ened.
(d) For purposes of this section, the terms
"aircraft"; "air transportation", and for-
eign air carrier" have the meanings given
those terms in section 101 of the Federal
Aviation Act of 1958 (49 U.S.C. 1301).
PROHIBITIONS ON NUCLEAR TRADE WITH SOUTH
AFRICA
SEC. 307. (a) Notwithstanding any other
provision of law-
(1) the Nuclear Regulatory Commission
shall not issue any license for the export to
South Africa of production or utilization fa-
cilities, any source or special nuclear mate-
rial or sensitive nuclear technology, or any
component parts, items, or substances which
the Commission has determined, pursuant
to section 109b. of the Atomic Energy Act, to
ubsec cont. b
ecause of their significance
Lion (a) shall not apply to-
for a loan or extension of credit for any o(2) theaSecretary e Of Purposes,-
(1) shall not
education, housing, or humanitarian bene- issue any license for the export to South
fit which- Africa of any goods or technology which
(A) is available to all persons on a nondis- have been determined, pursuant to section
criminatory basis; or 309(cl of the Nuclear Non-Proliferation Act
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September 12, 1986 CONGRESSIONAL RECORD - HOUSE
of 1978, to be of significance for nuclear ex- (2) uranium oxide,
plosive purposes for use in, or judged by the (3) coal, or
President to be likely to be diverted to, a (4) textiles,
South African production or utilization fa- that is produced or manufactured in South
cility; Africa may be imported into the United
(3) the Secretary of Energy shall not, States.
under section 57b.(2) of the Atomic Energy (b) This section shall take effect 90 days
Act, authorize any person to engage. directly after the date of enactment of this Act.
or indirectly, in the production of special PROHIBITION ON NEW INVESTMENT IN SOUTH
nuclear material in South Africa; and AFRICA
(4) no goods, technology, source or special SEC. 310. (a) No national of the United
nuclear material, facilities, components, States may, directly or through another
items, or substances referred to in clauses person, make any new investment in South
(1) through (3) shall be approved by the Nu- Africa.
clear Regulatory Commission or an execu- (b) The prohibition contained in subsec-
tive branch agency for retransfer to South tion (a) shall take effect 45 days after the
Africa, date of enactment of this Act
unless the Secretary of State determines and
certifies to the Speaker of the House of Rep-
resentatives and the chairman of the Com-
mittee on Foreign Relations of the Senate
that the Government of South Africa is a
party to the Treaty on the Non-Proliferation
of Nuclear Weapons, done at Washington,
London, and Moscow on July 1, 1968, or oth-
erwise maintains International Atomic
Energy Agency safeguards on all its peaceful
nuclear activities, as defined in the Nuclear
Non-Proliferation Act of 1978.
(b) Nothing in this section shall preclude-
(1) any export, retransfer, or activity gen-
erally licensed or generally authorized by
the Nuclear Regulatory Commission or the
Department of Commerce or the Department
of Energy; or
(2) assistance for the purpose of develop-
ing or applying International Atomic
Energy Agency or United States bilateral
safeguards, for International Atomic Energy
Agency programs generally available to its
member states, for reducing the use of highly
enriched uranium in research or test reac-
tors, or for other technical programs for the
purpose of reducing proliferation risks, such
as programs to extend the life of reactor fuel
and activities envisaged by section 223 of
the Nuclear Waste Policy Act of 1982 or
which are necessary for humanitarian rea-
sons to protect the public health and safety.
(c) The prohibitions contained in subsec-
tion (a) shall not apply with respect to a
particular export, retransfer, or activity, or
a group of exports, retransfers, or activities,
if the President determines that to apply the
prohibitions would be seriously prejudicial
to the achievement of United States nonpro-
liferation objectives or would otherwise
jeopardize the common defense and security
of the United States and, if at least 60 days
before the initial export, retransfer, or activ-
ity is carried out, the President submits to
the Speaker of the House of Representatives
(c) The prohibition contained in this sec-
tion shall not apply to a firm owned by
black South Africans.
TERMINATION OF CERTAIN PROVISIONS
SEC. 311. (a) This title and sections 501(c)
and 504(b) shall terminate if the Govern-
ment of South Africa-
(1) releases all persons persecuted for their
political beliefs or detained unduly without
trial and Nelson Mandela from prison;
(2) repeals the state of emergency in effect
on the date of enactment of this Act and re-
leases all detainees held under such state of
emergency;
(3) unbans democratic political parties
and permits the free exercise by South Afri-
cans of all races of the right to form politi-
cal parties, express political opinions, and
otherwise participate in the political proc-
ess;
(4) repeals the Group Areas Act and the
Population Registration Act and institutes
no other measures with the same purposes;
and
(5) agrees to enter into good faith negotia-
tions with truly representative members of
the black majority without preconditions.
(b) The President may suspend or modify
any of the measures required by this title or
section 501(c) or section 504(b) thirty days
after he determines, and so reports to the
Speaker of the House of Representatives and
the chairman of the Committee on Foreign
Relations of the Senate, that the Govern-
ment of South Africa has-
(1) taken the action- described in para-
graph (1) of subsection (a),
(2) taken three of the four actions listed in
paragraphs (2) through (5) of subsection (a),
and
(3) made substantial progress toward dis-
mantling the system of apartheid and estab- trade with, South Africa, including but not
lishing a nonracial democracy, limited to funding for trade missions in
unless the Congress enacts within such 30- South Africa and for participation in exhi-
day period, in accordance with section 602 bitions and trade fairs in South Africa.
and the chairman of the Committee on For- of this Act, a joint resolution disapproving PROHIBITION ON SALE OR EXPORT OF ITEMS ON
eign Relations of the Senate a report setting the determination of the President under MUNITIONS LIST
forth that determination, together with his this subsection. SEC. 317. (a) Except as provided in subsec-
reasons therefor. therefor. (c) It is the policy of the United States to
GOVERNMENT OF SOUTH AFRICA BANK ACCOUNTS support the negotiations with the represent- tion (b), no item contained on the United
SEC. 308. (a) A United States depository in- atives of all communities as envisioned in States Munition List which is subject to the
stitution may not accept, receive, or hold a this Act. If the South African Government jurisdiction of the United States may be ex-
deposit account from the Government of agrees to enter into negotiations without ported to South Africa.
South Africa or from any agency or entity preconditions, abandons unprovoked vio- (b) Subsection (a) does not apply to any
owned or controlled by the Government of lence against its opponents, commits itself item which is not covered by the United Na-
South Africa except for such accounts which to a free and democratic post-apartheid tions Security Council Resolution 418 of No-
may be authorized by the President for dip- South Africa under a code of law; and if vember 4, 1977, and which the President de-
lomatic or consular purposes. For purposes nonetheless the African National Congress, terrines is exported solely for commercial
of the preceding sentence, the term "deposi- the Pan African Congress, or their affiliates, purposes and not exported for use by the
tory institution" has the same meaning as or other organizations, refuse to participate; armed forces, police, or other security forces
in section 19(b)(1) of the Federal Reserve or if the African National Congress, the Pan of South Africa or for other military use.
Act. African Congress or other organizations- (c) The President shall prepare and submit
(b) The prohibition contained in subsec- (1) refuse to abandon unprovoked violence to Congress every six months a report de-
tion (a) shall take effect 45 days after the during such negotiations; and scribing any license issued pursuant to sub-
date of enactment of this Act. (2) refuse to commit themselves to a free section (b).
PROHIBITION ON IMPORTATION OF URANIUM AND and democratic post-apartheid South Africa MUNITIONS LIST SALES, NOTIFICATION
COAL FROM SOUTH AFRICA under a code of law, SEC. 318. (a) Notwithstanding any other
SEC. 309. (a) Notwithstanding any other then the United States will support negotia- provision of this Act, the President shall.'
provision of law, no- tions which do not include these organiza- (i) notify the Congress of his intent to
(1) uranium ore, tions. allow the export to South Africa any item
H 6773
POLICY TOWARD VIOLENCE OR TERRORISM
SEC. 312. (a) United States policy toward
violence in South Africa. shall be designed to
bring about an immediate end to such vio-
lence and to promote negotiations conclud-
ing with a removal of the system of apart-
heid and the establishment of a non-racial
democracy in South Africa.
(b) The United States shall work toward
this goal by diplomatic and other measures
designed to isolate those who promote ter-
rorist attacks on unarmed civilians or those
who provide assistance to individuals or
groups promoting such activities.
(c) The Congress declares that the abhor-
rent practice of "necklacing" and other
equally inhumane acts which have been
practices in South Africa by blacks against
fellow blacks are an affront to all through-
out the world who value the rights of indi-
viduals to live in an atmosphere free from
fear of violent reprisals.
TERMINATION OF TAX TREATY AND PROTOCOL
SEC. 313. The Secretary of State shall ter-
minate immediately the following conven-
tion and protocol, in accordance with its
terms, the Convention Between the Govern-
ment of the United States of America and
the Government of the Union of South
Africa for the Avoidance of Double Taxation
and for Establishing Rules of Reciprocal Ad-
ministrative Assistance With Respect to
Taxes on Income, done at Pretoria on De-
cember 13, 1946, and the protocol relating
thereto.
PROHIBITION ON UNITED STATES GOVERNMENT
PROCUREMENT FROM SOUTH AFRICA
SEC. 314. On or after the date of enactment
of this Act, no department, agency or any
other entity of the United States Govern-
ment may enter into a contract for the pro-
curement of goods or services from parasta-
tal organizations except for items necessary
for diplomatic and consular purposes.
PROHIBITION ON THE PROMOTION OF UNITED
STATES TOURISM IN SOUTH AFRICA
SEC. 315. None of the funds appropriated
or otherwise made available by any provi-
sion of law may be available to promote
United States tourism in South Africa.
PROHIBITION ON UNITED STATES GOVERNMENT
ASSISTANCE TO, INVESTMENT IN, OR SUBSIDY
FOR TRADE WITH, SOUTH AFRICA
SEC. 316. None of the funds appropriated
or otherwise made available by any provi-
sion of law may be available for any assist-
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CONGRESSIONAL RECORD -- HOUSE September t2 t_4R6'
h i
w
s on. the United States Munition List (B) by striking out the item relating to the
and which is not covered by the Wnited Na- Republic of South Africa in the table:
tions Security Council Resolution 418 of No- (2) Paragraph (c) of headnote 3 of subpart
vember 4, 1977, and A of part 10 of schedule I of the Tariff
(ii) certify that such item shalt be used Schedules of the United States is amended
solely for commercial purposes and not ex- by adding at the end thereof the following
Ported for use by the armed forces, police, or new subparagraph:
other security forces of South Africa or for "(iii) Notwithstanding any authority
other military use. given to the United States Trade Represent-
(b) The Congress shall have 3ff calendar alive under paragraphs (e) and (g) of this
.days of continuous session (computed as headnote-
provided in section 906(b) of title 5, United "(A' the percentage allocation made to the
States Code) to disapprove by joint resotu- Philippines under this paragraph may not
tion of any such sale. be reduced, and'
PROHIBITION ON IMPORTATION OF SOUTH "(B) no allocation may be made to the Re-
AFR!CANAGRICUI.TURAL PRODUCTS AND FOOD Public of South Africa,
SEC. 319. Notwithstanding any other pro- in allocating any limitation imposed under
vision of law, no: any paragraph of this headnote on the quan-
(I) agricultural commodity, product, by- tity of sugars, sirups, and molasses de-
product of derivitive thereof scribed in items 155.20 and 155.30 which
(2) article that is suitable for human con- may be entered.":
sumption, that is a product of South Africa TITLE IV-MULTILATERAL MEASURES
may be imported into the customs territory TO UNDERMINE APARTHEID
of the United States after the date of enact-
ment of this Act NEGOTIATING AUTHORITY
PROHIBITION this Act ON /MPORTRTION OF IRON AND SEC- 401. (a) It is the policy of the United
STEEL States to seek international cooperative
SEc 320. NotwithSt rtdig any other provi- agreements with the other industrialized de-
siSE 4f law, t v iron or steel produced in mocracies to bring about the complete dis-
South law,
may be imported in ce n mantling of apartheid: Sanctions imposed
United Arica under such agreements should be both direct
and official executive or legislative acts of
PROHIBITION ON EXPORTS OF CRUDE OIL. AND governments: The net economic effect of
PETROLEUM PRODUCTS such cooperative should be measurably
SEC. 321. (a) No crude oil or refined petro- greater than the net economic effect of the
leum product which is subject to the juris- measures imposed by this Act.
diction of the United States or which is ex- (b)(1) Negotiations to reach international
ported by a person subject to the jurisdic- cooperative arrangements with the other in-
tion of the United States may be exported to dustrialized democracies and other trading
South Africa. Partners of South Africa on measures to
(b) Subsection (a) does not apply to any bring about the complete dismantling of
export pursuant to a contract entered into apartheid should begin promptly and should
before the date of enactment of this Act. be concluded not later than 180 days from
PROHIBITION ON COOPERATION WITH THE ARMED the enactment of this Act. During this
FORCES OF SOUTH AFRICA period; the President or, at his direction, the
SEC. 322. No agency or entity of the United Secretary of State should convene an inter-
States may engage in any form of coopera. national conference of the other industrial-
tion, direct or indirect, with the armed ized democracies in order to reach coopera-
forces of the Government of South Africa, live agreements to impose sanctions against
except activities which are reasonably de- South Africa to bring about the complete
signed to facilitate the collection of neces- dismantling of apartheid.
sary intelligence. Each such activity shall be (2) The President shall, not less than 180
considered a significant anticipated intelli. days after the date of enactment of this Act,
Bence activity for purposes of section 501 of submit to the Congress a report contain-
the National Security Act of 1947. ing-
PRONIBITIONS ON SUGAR IMPORTS (A) a description of United States efforts
SEC. 323. (a)(1) Notwithstandin a I& to negotiate multilateral measures to brin
n
y o er about the complete dismantling of aparf- TITLE V-FUTURE POLICY TOWARD
provision of law; no sugars, sirups, or mo- held; and SOUTHAFRICA
lasses that are products of the Republic of (B) a detailed description of economic and
South Africa may be imported into tho ADDITIONAL MEASURES
sirups, and molasses that- assessment of the stringency with which
(A) are products of the Philippines, and such measures are enforced by those coun-
(B) may be imported into the United tries.
States (determined without regard to this (c) If the President successfully concludes
by law on the quantity of all sugars, si.rups,
and molasses that may be imported into the
United States during any period of time oc-
curring after the date of enactment of this
Act,
shall be increased by the aggregate quantity
of sugars, sirups, and molasses that are
Products of the Republic of South Africa
which may have been imported into the
United States under such limitation during
such period if this section did not apply to
such period.
(b)(1) Paragraph (c)(i) of headnote 3 of
subpart A of part 10 of schedule 1 of the
Tariff Schedules of the United States is
amended-
(4) by striking out "13.5 "in the item relat-
ing to the Philippines in the table and in-
serting in lieu thereof "15.8"; and
containing a eopy of the. final legal text of
such agreement, together with-
(A) a description of any administrative
action proposed to implement suc& agree-
ment and an explanation as to how the pro-
posed administrative action would change
or affect existing law, and'
(B) a statement of his reasons as to hone
the agreement serves the interest of United
States foreign policy and as to why the pro-
Posed administrative action is required or
appropriate to carry out the agreement; and
(31 a: joint resolution approving such
agreement has been enacted within 30 days
of transmittal of such document to the Con-
gress.
(e) It is the sense of the Congress that the
President should instruct the Permanent
Representative of the United States to the
United Nations to propose that the United
Nations Security Council, Pursuant to Arti-
cle 41 of the United Nations Charter, impose
measures against South Africa of the some
type as are imposed by this Act.
LIMITATION ON IMPORTS FROM OTHER COUNTRIES
See. 402. The President is authorized to
limit the importation into the United States
of any product or service of a foreign coon
try to the extent to which such foreign coun-
try benefits from, or otherwise takes com-
mercial advantage of, any sanction or pro-
hibition against any national of the United
States imposed by or under this Act.
PRIVATE RIGHT OF ACTION
SEc. 403. (a) Any national of the United
States who is required by this Act to termi-
nate or curtail business activities in South
Africa may bring a civil action for damages
against any person, partnership, or corpora'
lion that takes commercial advantage or
otherwise benefits from such termination or
curtailment.
(b) The action described in subsection (a)
may only be brought, without respect to the
amount in controversy, in the United States
district court for the District of Columbia or
the Court of International Trade. Damages
which may be recovered include lost profits
and the cost of bringing the action, includ-
ing a reasonable attorney's fee.
(c) The injured party must show by a pre-
ponderance of the evidence that the damages
have been the direct result of defendant's
action taken with the deliberate intent to
injure the party.
SEC. 501. (a) It shall be the policy of the
United States to impose additional meas-
ures against the Government of South
Africa if substantial Progress has not been
made within twelve months of the date of
enactment of this Act in ending the system
of apartheid and establishing a nonracial
democracy
.
subsection (b)(1), he may, after such agree- (b) The President shall prepare and trans.
ment enters into force with respect to the mil to the Speaker of the House of Repre-
United States, adjust, modify, or otherwise sentatives and the chairman of the Commit.
amend the measures imposed under any pro- tee on Foreign Relations of the Senate
vision of sections 301 through 310 to con- within twelve months of the date of enact-
form with such agreement. ment of this Act, and every twelve months
(d) Each agreement submitted to the Con- thereafter, a report on the extent to which
gress under this subsection shall enter into significant progress has been made toward
force with respect to the United States if ending the system of apartheid, including-
(and only if)- (1) an assessment of the extent to which
(1) the President, not less than 30 days the Government of South Africa has taken
before the day on which he enters into such the steps set forth in section 101(b) of this
agreement, notifies the House of Representa- Act;
tives and the Senate of his intention to enter (2) an analysis of any other actions taken
into such an agreement, and promptly there- by the Government of South Africa in
after publishes notice of such intention in ending the system of apartheid and moving
the Federal Register; toward a nonracial democracy; and
(2) after entering into the agreement, the (3) the progress, or lack of progress, made
President transmits to the House of Repre- in reaching a negotiated settlement to the
sentatives and to the Senate a document conflict in South Africa.
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(c) If the President determines that signifi-
cant progress has not been made by the Gov-
ernment of South Africa in ending the
system of apartheid and establishing a non-
racial democracy, the President shall in-
clude in the report required by subsection
fb) a recommendation on which of the fol-
lowing additional measures should be im-
posed:
(1) a prohibition on the importation of
steel from South Africa;
(2) a prohibition on military assistance to
those countries that the report required by
section 508 identifies as continuing to cir-
cumvent the international embargo on arms
and military technology to South Africa;
(3) a prohibition on the importation of
food, agricultural products, diamonds, and
textiles from South Africa;
(4) a prohibition on United States banks
accepting, receiving, or holding deposit ac-
counts from South African nationals; and
(5) a prohibition on the importation into
the United States of strategic minerals from
South Africa.
(d) A joint resolution which would enact
part or all of the measures recommended by
the President pursuant to subsection (c)
shall be considered in accordance with the
provisions of section 602 of this Act.
LIFTING OF PROHIBITIONS
SEC. 502. (a) Notwithstanding any other
provision of this Act, the President may lift
any prohibition contained in this Act im-
posed against South Africa if the President
determines, after six months from the date
of the imposition of such prohibition, and
so reports to Congress, that such prohibition
would increase United States dependence
upon any member country or observer coun-
try of the Council for Mutual Economic As-
sistance (C.M.E.A.) for the importation of
coal or any strategic and critical material
by an amount which exceeds by weight the
average amounts of such imports from such
country during the period 1981 through
1985.
(b)(1) Not later than 30 days after the date
of enactment of this Act, the Secretary of
Commerce shall prepare and transmit to the
Congress a report setting forth for each
(3) manganese,
(4) platinum group metals,
(5) ferroalloys, and
(6) other strategic and critical materials
(within the meaning of the Strategic and
Critical Materials Stock Piling Act).
(b) The President shall develop a program
which reduces the dependence, if any, of the
United States on the importation from
South Africa of the materials identified in
the report submitted under subsection (a),
STUDY AND REPORT ON THE ECONOMY OF
SOUTHERN AFRICA
SEC. 505. (a) The President shall conduct a
study on the role of American assistance in
southern Africa to determine what needs to
be done, and what can be done to expand the
trade, private investment, and transport
prospects of southern Africa's landlocked
nations.
(b) Not later than 180 days after the date
of enactment of this Act, the President shall
prepare and transmit to the chairman of the
Committee on Foreign Affairs of the House
of Representatives and the chairman of the
Committee on Foreign Relations of the
Senate a report setting forth the findings of
the study conducted under subsection (a).
REPORT ON RELATIONS BETWEEN OTHER INDUS-
TRIALIZED DEMOCRACIES AND SOUTH AFRICA
SEC. 506. (a) Not later than 180 days after
the date of enactment of this Act, the Presi-
dent shall prepare and transmit to the
Speaker of the House of Representatives and
the chairman of the Committee on Foreign
Relations of the Senate a report containing
a detailed assessment of the economic and
other relationships of other industrialized
democracies with South Africa. Such report
shall be transmitted without regard to
whether or not the President successfully
concluded an international agreement
under section 401.
(b) For purposes of this section, the phrase
"economic and other relationships" includes
the same types of matters as are described in
sections 201, 202, 204, 205, 206, 207, sections
301 through 307, and sections 309 and 310 of
this Act
STUDY AND REPORT ON DEPOSIT ACCOUNTS OF
SOUTH AFRICAN NATIONALS IN UNITED STATES
H 6775
REPORT ON COMMUNIST ACTIVITIES IN SOUTH
AFRICA
SEC. 509. (a) Not later than 90 days after
the date of enactment of this Act, the Presi-
dent shall prepare and transmit to the
Speaker of the House of Representatives and
the chairman of the Committee on Foreign
Affairs of the House of Representatives and
the chairman of the Committee on Foreign
Relations of the Senate an unclassified ver-
sion of a report, prepared with the assist-
ance of the Director of the Central Intelli-
gence Agency, the Director of the Defense In-
telligence Agency, the National Security Ad-
visor, and other relevant United States Gov-
ernment officials in the intelligence commu-
nity, which shall set forth the activities of
the Communist Party in South Africa, the
extent to which Communists have infiltrat-
ed the many black and nonwhite South Afri-
can organizations engaged in the fight
against the apartheid system, and the extent
to which any such Communist infiltration
or influence sets the policies and goals of the
organizations with which they are involved.
(b) At the same time the unclassified
report in subsection (a) is transmitted as set
forth in that subsection, a classified version
of the same report shall be transmitted to
the chairmen of the Select Committee on in-
telligence of the Senate and of the Perma-
nent Select Committee on Intelligence of the
House of Representatives.
PROHIBITION ON THE IMPORTATION OF SOVIET
GOLD COINS
SEC. 510. (a) No person, including a bank,
may import into the United States any gold
coin minted in the Union of Soviet Socialist
Republics or offered for sale by the Govern-
ment of the Union of Soviet Socialist Repub-
lics.
(b) For purposes of this section, the term
"United States" includes the States of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any ter-
ritory or possession of the United States.
(c) Any individual who violates this sec-
tion or any regulations issued to carry out
this section shall be fined not more than five
times the value of the rubles involved.
ECONOMIC SUPPORT FOR DISADVANTAGED SOUTH
AFRICANS
SEC. 511 (a) Chapter 4 of part fI of the For-
eign Assistance Act of 1961 is amended by
adding at the end thereof the following new
section:
SEC. 535. ECONOMIC SUPPORT FOR DISAD-
VANTAGED SOUTH AFRicANs.-(a)(1) Up to
$40,000,000 of the funds authorized to be ap-
propriated to carry out this chapter for the
fiscal year 1987 and each fiscal year thereaf-
ter shall be available for assistance for dis-
advantaged South Africans. Assistance
under this section shall be provided for ac-
tivities that are consistent with the objective
of a majority of South Africans for an end to
the apartheid system and the establishment
of a society based on non-racial principles.
Such activities may include scholarships,
assistance to promote the participation of
disadvantaged South Africans in trade
unions and private enterprise, alternative
education and community development pro-
grams.
"(2) Up to $3,000,000 of the amounts pro-
vided in each fiscal year pursuant to subsec-
tion (a) shall be available for training pro-
grams for South Africa's trade unionists.
"(b) Assistance provided pursuant to the
section shall be made available notwith-
standing any other provision of law and
shall not be used to provide support to orga-
nizations or groups which are financed or
controlled by the Government of South
Africa. Nothing in this subsection may be
construed to prohibit programs which are
country described in subsection (a)-
(A) 507. (a)(1) The Secretary of the Treas-
from the average amount
ioo of f 1981 imports ury shall conduct a study on the feasibility
fom such country during the e period e 198 of prohibiting each depository institution
through ; and nd from accepting, receiving, or holding a de-
(B) the e current amount of such imports
from such country entering the United posit account from any South African na-
States. tsonal.
(2) Thirty days after transmittal of the (2) For purposes of paragraph (1), the term
report required by paragraph (1) and every 'depository institution" has the same mean-
thirty days thereafter, the President shall ing as in section 19(b)(1) of the Federal Re-
prepare and transmit the information de- serve Act.
scribed in paragraph (1)(B). (b) Not later than 180 days after the date
of enactment of this Act, the Secretary of the
STUDY OF HEALTH CONDITIONS IN THE Treasury shall submit to the Speaker of the
"HOMELANDS" AREAS OF SOUTH AFRICA House of Representatives and the chairman
SEC. 503. The Secretary of State shall con- of the Committee on Foreign Relations of
duct a study to examine the state of health the Senate a report detailing the findings of
conditions and to determine the extent of the study required by subsection (a).
starvation and malnutrition now prevalent STUDY AND REPORT ON THE VIOLATION OF THE
in the "homelands" areas of South Africa INTERNATIONAL EMBARGO ON SALE AND EXPORT
and shall, not later than December 1, 1986, OF MILITARY ARTICLES TO SOUTH AFRICA
prepare and transmit to the Speaker of the SEC. 508. (a) The President shall conduct a
House of Representatives and the chairman study on the extent to which the interna-
of the Committee on Foreign Relations of tional embargo on the sale and exports of
the Senate a report setting forth the results arms and military technology to South
of such study. Africa is being violated.
REPORT ON SOUTH AFRICAN IMPORTS (b) Not later than 179 days after the date
SEC. 504. (a) Not later than 90 days after of enactment of this Act, the President shall
the date of enactment of this Act, the Presi- submit to the Speaker of the House of Repre-
dent shall submit to the Speaker of the sentatives and the chairman of the Commit-
House of Representatives and the chairman tee on Foreign Relations of the Senate a
of the Committee on Foreign Relations of report setting forth the findings of the study
the Senate a report on the extent to which required by subsection (a), including an
the United States is dependent on the impor- identification of those countries engaged in
tation from South Africa of- such sale or export, with a view to terminat-
(1) chromium, ing United States military assistance to
(2) cobalt, those countries.
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116776 CONGRESSIONAL RECORD - HOUSE September 12, 1986
consistent with subsection (a) and which (D) At the conclusion of the debate on the case of any other rule of the House or
award scholarships to students who choose joint resolution, the Committee of the Whole Senate, and of the right of the Committee on
to attend South African-supported institu- shall rise and report the joint resolution Rules of the House of Representatives to
lion.': back to the House, and the previous question report a resolution for the consideration of
(b) Not later than 90 days after the date of shall be considered as ordered on the joint any measure.
enactment of this Act, the Secretary of State resolution to final passage without interven-
shall prepare and transmit to the Congress a ing motion ENFORCEMENT AND PENALTIES
report describing the strategy of the Presi- (b)(1) The provisions of this subsection Shiau. authorities The der sectt with respell
dent during the five-year period beginning apply to the consideration in the Senate of a to his 603.
under section 601 shall
on such date regarding the assistance of joint resolution under section 311(b), 401(d), take the necessary steps to ensure compli-
black Africans pursuant to section 535 of the or 501(d). ante with the provisions of this Act and any
Foreign Assistance Act of 1961 and describ- (2) A joint resolution shall upon introduc- regulations, licenses," and orders issued to
ing the programs and projects to be funded lion, be referred to the Committee on For- carry nut this Act incruding estnceishinh
under such section. eign Relations of the Senate. mechanisms to monitor compliance with
REPORT ON THE AFRICAN NATIONAL CONGRESS (3) A joint resolution described in this sec- this Act and such regulations, licenses, and
SEC. 512. (a) Not later than 180 days after tion shall be considered in the Senate in ac- orders.
the date of enactment of this Act, the Attor- cordance with procedures contained in (2) In ensuring such compliance, the Presi-
ney General shall prepare and transmit to paragraphs (3) through (7) of section 8066(c) dent may-
the Congress a report on actual and aof the Department of Defense Appropria- (A) require any person to keep a full record
violations of the Foreign Agents and alleged lle Registra. tions Act, 1985 (as contained in Public Law of and to furnish under oath, in the form of
lion Act of 1938, and the status of any roves- 98-473), except that- reports or otherwise, complete information
liotion pertaining thereto, by represents- (A) references in such paragraphs to the relative to any act or transaction described
tigas of governments or opposition move- Committee on Appropriations of the Senate in this Act either before, during, or after the
f Africa including, but shall be deemed to be references to the Com- completion thereof, or relative to any inter-
ments m
not to, e limited in S Sahara members f representatives but mittee on Foreign Relations of the Senate; est in foreign property, or relative to any
the African National bor
of property in which a foreign country or any
Congress. and
(th For purposes at of Congress.
any caves- (B) amendments to the joint resolution are national thereof has or has had any interest,
ti (b) For necessary of conducting n any a full to order. or as may be otherwise necessary to enforce
ti and complete sary in order
Gel (c) For purposes of this subsection, the the provisions of this Act; and
shall have full e Attorney General
to utilize civil n cal term 'joint resolution" means only- (B) conduct investigations, hold hearings,
shall have demand (A) in the case of section 311(b), a joint administer oaths, examine witnesses, receive
vestigative procedures, including resolution which is introduced in a House of evidence, take depositions, and require by
but not limited to the issuance of civil sub- Congress within 3 legislative days after the subpena the attendance and testimony of
penal. Congress receives the report described in sec- witnesses and the production of all books,
TITLE VI-ENFORCEMENT AND Lion 311(b) and for which the matter after papers, and documents relating to any
ADMINISTRATIVE PROVISIONS the resolving clause reads as follows: "That matter under investigation.
REGULATORY AUTHORITY the Congress, having received on (b) Except as provided in subsection (d)-
SEC. 601. The President shall issue such the report of the President containing the (1) any person that violates the provisions
rules, regulations, licenses, and orders as are determination required by section 311(b) of of this Act, or any regulation, license, or
necessary to carry out the provisions of this the Comprehensive Anti-Apartheid Act of order issued to carry out this Act shall be
Act, including taking such steps as may be 1986, disapproves of such determination.", subject to a civil penalty of $50,000;
necessary to continue in effect the measures with the date of the receipt of the report in- (2) any Person, other than an individual,
imposed by Executive Order 12532 of Sep- serted in the blank, that willfully violates the provisions of this
tember 9, 1985, and Executive Order 12535 (B) in the case of section 401(d)(3), a joint Act, or any regulation, license, or order
of October 1, 1985, and by any rule, regula- resolution which is introduced in a House of issued to carry out this Act shall be fined
Lion, license, or order issued thereunder (to Congress within 3 legislative days after the not more than $1,000,000;
the extent such measures are not inconsist- Congress receives the document described in (3) any individual who willfully violates
ent with this Act). section 401(d)(2) and for which the matter the provisions of this Act or any regulation,
CONGRESSIONAL PRIORITY PROCEDURES after the resolving clause reads as follows: license, or order issued to carry out this Act
SEC. 602. (a/11/ The provisions PROCEDURES the Congress, having received on shall be fined not more than $50,000, or im-
SEC. a to the provisions of this consideration in the sub- the text of the international agree- prisoned not more than 10 years, or both;
House of apply t the ment described in section 401(d)(3) of the and
Lion of Representatives under sections 311of a joint oint resolu- the and Comprehensive Anti-Apartheid Act of 1986, (4) any individual who violates section
Lion . approves of such agreement"; with the date 301(a) or any regulations issued to carry out
(2) A joint resolution shallal4 upon introduc- of the receipt of the text of the agreement in- that section shall, instead of the penalty set
ti (2) be joint recd t the upon e on For- serted in the blank; and forth in paragraph (2), be fined not more
lion Afeare rr the House o(C) in the case of section 501(d), a joint than 5 times the value of the krugerrands or
of Representatives. resolution which is introduced in a House of gold coins involved.
(3)(A) At any time after the joint resolu. Congress within 3 legislative days after the (c)(I) Whenever a person commits a viola-
tion placed on the appropriate calendar has Congress receives the determination of the Lion under subsection (b)-
been on that calendar for a period of 5 legis- President pursuant to section 501(c) and for (A) any officer, director, or employee of
lative days, it is in order for any Member of which the matter after the resolving clause such person, or any natural person in con-
the House (after consultation with the reads as follows: "That the Congress, having trol of such person who knowingly and will-
Speaker as to the most appropriate time for received on a determination of fully ordered, authorized, acquiesced in, or
the consideration of that joint resolution) to the President under section 501(c) of the carried out the act or practice constituting
move that the House resolve itself into the Comprehensive Anti-Apartheid Act of 1986, the violation, and
Committee of the Whole House on the State approves the President's determination.", (B) any agent of such person who know-
of the Union for the consideration of that with the date of the receipt of the determina. ingly and willfully carried out such act or
joint resolution. The motion is highly privi- tion inserted in the blank. practice,
leged and is in order even though a previous (d) As used in this section, the term 'Zegis- shall be fined not more than $10,000, or im-
motion to the same effect has been disagreed lative day" means a day on which the House prisoned not more than 5 years, or both.
to. All points of order against the joint reso- of Representatives or the Senate is in ses- (2) Paragraph (1) shall not apply in the
lution under clauses 2 and 6 of Rule XXI of sion, as the case may be case of a violation by an individual of sec-
the Rules of the House are waived. If the (e) This section is enacted- tion 301(a) of this Act or of any regulation
motion is agreed to, the resolution shall (1) as' an exercise of the rulemaking issued to carry out that section.
remain the unfinished business of the House Powers of the House of Representatives and (3) A fine imposed under paragraph "(1) on
until disposed of. A motion to reconsider the the Senate, and as such it is deemed a part an individual for an act or practice consti-
vote by which the motion is disagreed to of the Rules of the House and the Rules of tuting a violation may not be paid, directly
shall not be in order. the Senate, respectively, but applicable only or indirectly, by the person committing the
(B) Debate on the joint resolution shall with respect to the procedure to be followed violation itself.
not exceed ten hours, which shall be divided in the House and the Senate in the case of (d)(1) Any person who violates any regula-
equally between a Member favoring and a joint resolutions under this section, and it tion issued under section 208(d) or who, in a
Member opposing the joint resolution. A supersedes other rules only to the extent that registration statement or report required by
motion to limit debate is in order at any it is inconsistent with such rules; and the Secretary of State, makes any untrue
time in the House or in the Committee of the (2) with full recognition of the constitu- statement of a material fact or omits to
Whole and is not debatable. tional right of the House and the Senate to state a material fact required to be stated
. (C) An amendment to the joint resolution change their rules at any time, in the same therein or necessary to make the statements
is not in order, manner, and to the same extent as in the therein not misleading, shall be'subject to a
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September 12, 1986 CONGRESSIONAL RECORD - HOUSE
civil penalty of not more than $10,000 im-
posed by the Secretary of State. The provi-
sions of subsections (d), le), and (f) of sec-
tion 11 of the Export Administration Act of
1979 shall apply with respect to any such
civil penalty.
(2) Any person who commits a willful vio-
lation under paragraph f1) shall upon con-
viction be fined not more than $1,000,000 or
imprisoned not more than 2 years, or both.
(3) Nothing in this section may be con-
strued to authorize the imposition of any
penalty for failure to implement the Code of
Conduct.
APPLICABILITY TO EVASIONS OF ACT
SEC. 604. This Act and the regulations
issued to carry out this Act shall apply to
any person who undertakes or causes to be
undertaken any transaction or activity with
the intent to evade this Act or such regula-
tions.
CONSTRUCTION OF ACT
SEC. 605. Nothing in this Act shall be con-
strued as constituting any recognition by
the United States of the homelands referred
to in this Act.
STATE OR LOCAL ANTI-APARTHEID LAWS, ENFORCE
SEC. 606. Notwithstanding section 210 of
Public Law 99-349 or any other provision of
law-
(1) no reduction in the amount of funds
for which a State or local government is eli-
gible or entitled under any Federal law may
be made, and
(2) no other penalty may be imposed by
the Federal Government,
by reason of the application of any State or
local law concerning apartheid to any con-
tract entered into by a State or local govern-
ment for 90 days after the date of enactment
of this Act.
The SPEAKER pro tempore. The
gentleman from Florida [Mr. FASCELL]
will be recognized for 30 minutes and
the gentleman from Michigan [Mr.
BROOMFIELD] will be recognized for 30
minutes.
Before the gentleman from Florida
is recognized, would the gentleman
from California [Mr. DIXON] take the
chair.
The SPEAKER pro tempore (Mr.
DIXON). The Chair recognizes the gen-
tleman from Florida [Mr. FASCELL].
Mr. FASCELL. Mr. Speaker, I yield
myself 2Y2 minutes.
Mr. Speaker, the matter which I
bring before the House today is in-
tended to assist in the formulation of
a bipartisan United States policy
toward South Africa, encouraging that
Government to dismantle its system of
apartheid.
During the 99th Congress, the
House has passed several bills impos-
ing sanctions on South Africa-none
have been enacted into law. By ap-
proving the motion which I offer
today, we have a real opportunity to
have United States policy toward
South Africa enacted into law. Both
Houses of Congress have recognized
the need for a change in U.S. policy.
The motion I offer today is intended
H 6777
I know many Members would like to In addition, it does not require disin-
strengthen the bill. It is important for vestment, but requires U.S. companies
the Congress to send a strong message to comply with a rigorous set of fair
South Africa but it is equally impor- employment principles.
tant to send a message which has the These are positive actions that pro-
support of both Houses. In light of the vide assistance to nonwhite South Af-
shortness of time remaining in this ricans while maintaining numerous
session and in light of the need to ex- benefits to the black majority associat-
pedite sending this important legisla- ed with the presence of the American
tive policy initiative to the President, business community in that country.
H.R. 4868, as amended by the Senate, In other titles, the bill clearly sets
is the most appropriate vehicle at this forth U.S. policy toward South Africa.
time. It calls for negotiations to reach inter-
Let me briefly discuss the resolution national agreements Incorporating
contained in the rule, House Resolu- sanctions against South Africa. Lastly,
tion 548. During the debate on this it prohibits after 90 days, the enforce-
matter statements were made that ment of State and local anti-apartheid
this legislation preempts State and laws with respect to contracts funded
local anti-apartheid laws. The resolu- in whole or in part by the Federal
tion House Resolution 548 simply Government.
states that it is not the intent of the Mr. Speaker, it seems to me in re-
House of Representatives that this bill sponse to this latter point that our
limit or preempt State of local finan- Democrat colleagues included in the
cial or commerical activity respecting rule we just adopted a most unusual
South Africa. and probably unconstitutional provi-
Mr. Speaker, I urge adoption of the sion. Section 2 of the rule provides
motion. that upon adoption of H.R. 4868, the
Mr. BROOMFIELD. Mr. Speaker, I House shall be considered to have
yield myself such time as I may con- adopted a House resolution containing
sume. a statement of intent of the House re-
(Mr. BROOMFIELD asked and was garding the issue of preemption. Mr.
given permission to revise and extend Speaker, this is a highly unusual and
his remarks, and to include extraneous alarming procedural twist which ap-
materials.) pears to attempt to reshape the bill
Mr. BROOMFIELD. Mr. Speaker, in passed by the other body without
the face of a steadily deteriorating sit- going to conference. The language of
uation at home, and an increasingly the rule appears to try to rewrite our
united opposition abroad, the South Constitution to allow States and local-
African Government continues to ities to independently conduct their
cling to the debilitating system of own foreign policies.
apartheid. Let no one claim that there I want to conclude by saying it is un-
is confusion on this point: The Con- fortunate that this unusual procedural
gress, the administration, and the situation has developed. It can only
American people deplore the system of jeopardize the bill's acceptance by the
apartheid and the human toll that lies President. The White House has noti-
in its wake. fied me this morning that the Presi-
Today, the House considers whether dent is strongly opposed to enactment
or not to accept the Senate amend- of this legislation in its present form.
ment to H.R. 4868, the Anti-Apartheid Mr. WOLPE. Mr. Speaker, I yield
Act of 1986. This amendment, of such time as he may consume to the
course, is substantially different from gentleman from Texas [Mr. LELANDI.
the bill passed by the House in late
June. I believe it is a better bill than (Mr. LELAND asked and was given
the more extreme legislation passed permission to revise and extend his re-
by the House. However, in my judg- marks.)
ment, the House should have appoint- Mr. LELAND. Mr. Speaker, today we are
ed conferees to work out the differ- considering legislation that will put the United
ences in the respective bills with our States on the legislative record against the
Senate colleagues. I believe that many continuation of South Africa's brutal and op-
constructive changes could have pressive policy of racism.
emerged from a conference. Unfortunately, the legislation before us
today is not as comprehensive as the legisla-
0 1105 tion passed earlier by this body on June 18,
However, the Democrat leadership 1986, which would have put an end to all
in the House has apparently chosen to United States investment in and trade with
accept in its entirety the Senate bill. South Africa.
I want to say, Mr. Speaker, in fair- South Africa is the only country in the world
ness, there are a number of aspects of that judges how much freedom, justice, or
this bill before us that will, if enacted, property a person is entitled to strictly on the
to bring about a change in that policy. title II contains provisions earmarking
On June 18, the House passed a funds for scholarships for the victims
strong sanctions bill, H.R. 4868. The of apartheid. It sets forth guidelines
Senate amendment to that bill, while for assistance to disadvantaged South
not as strong as the House bill, is a Africans. It earmarks funds for the
good bill. It will send a strong biparti- promotion of human rights and takes
san message to the Government and steps to encourage blacks to use
people of South Africa. Export Import Bank facilities.
basis of his or her color. After decades of this
racial oppression by the minority government
in Pretoria the American public-and many in
the world community-has now developed a
clear and unequivocal abhorrence to the con-
tinuation of apartheid and any action, or inac-
tion, on the part of the United States that
could in any way support the maintenance of
this hideous and violent policy.
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H 6778 CONGRESSIONAL RECORD - HOUSE
There has been some difference of opinion
among Members of Congress on the effect of
the implementation of economic sanctions on
Pretoria's continuation of apartheid. Yet there
are many, and the number is steadily growing,
who believe that apartheid has been allowed
to exist far too long and the only nonviolent
action that will help facilitate the demise of
that hideous policy is the implementation of
economic sanctions.
The bill before us today is an initial step to
legislatively demonstrate to South Africa and
the world our great Nation's strong disapprov-
al of apartheid. Although I would have liked to
see this bill strengthened in conference, I rec-
ognize the political realities and time con-
straints of Congress and the White House.
People in South Africa are dying every day.
The United States cannot morally and politi-
cally afford to support our current political and
commercial relationship with South Africa. It is
for this reason, that I reluctantly support this
legislation which has a strong chance of be-
coming law soon rather than fighting now to
achieve a definitive anti-apartheid bill that
would not pass the other body or be signed
by the President.
I was very concerned, however, over the
other body's statutory silence on the question
of Federal preemption over more stringent
and comprehensive local and State anti-apart-
heid ordinances and laws already approved by
about 20 States and 80 cities. Because of my
concern not to negate the results achieved by
millions of Americans on the local and State
levels, I actively worked with other Members
of the Congressional Black Caucus to ensure
that the rule for consideration of this bill would
explicitly state this body's intention not to pre-
empt local and State anti-apartheid ordi-
nances. The inclusion of this language in the
rule already adopted by the House helps us
establish a legislative history of our intent not
to preempt the advances against apartheid
made on the local and State levels. I would
like to reiterate the wording of that rule at this
point in my statement:
Resolved, That in passing the bill, H.R.
4868, as amended by the Senate, it is not the
intent of the House of Representatives that
the bill limit, preempt, or affect, In any
fashion, the authority of any State or local
government, or the District of Columbia, or
of any commonwealth territory, or posses-
sion of the United States, or political subdi-
vision thereof to restrict, or otherwise regu-
late any financial, or commercial activity re-
specting South Africa.
Although this does not ensure the retention
of the significant gains made by Americans
across our great Nation, it does allow us to go
on the record stating our intention not to su-
persede local and State anti-apartheid ordi-
nances and laws.
The inclusion of this language in the rule is
significant in protecting the strides already
made in the struggle to end apartheid.
I, therefore, rise in support of the measure
before us which I am hopeful will become law
soon and help accelerate the collapse of
apartheid in South Africa. Thank you.
Mr. WOLPE. Mr. Speaker, I yield
myself 6 minutes.
(Mr. WOLPE asked and was given
permission to revise and extend his re-
marks.)
Mr. WOLPE. Mr. Speaker, the legis-
lation that is before us would impose
tough, effective sanctions against
September 12, 1986
South Africa; sanctions which would [From the Los Angeles Times, Sept. 12,
enable American policy to turn away
from the failure of so-called construc-
tive engagement.
The bill is not as strong as the origi-
nal House version, and not as strong as
many of us had hoped for. While the
legislation does not go as far as we
would have liked, there is no quarrel
that it is effective and that House pas-
sage of its original legislation, in the
form of the stronger substitute offered
by the gentleman from California [Mr.
DELLUMS], has played a key role in
moving this process forward to where
we are today.
I want to pay tribute to the gentle-
man from California [Mr. DELLUMS],
the gentleman from Pennsylvania
[Mr. GRAY], the author of the original
House version of the legislation, and
to so many others such as Mr. SOLARZ,
Mr. WHEAT, Mr. LELAND, Mr. FISH, Mr.
MILLER, Mr. ROEMER, and Mr. GILMAN,
all of whom have had a key role in
providing the leadership to the anti-
apartheid movement nationally and
within this body.
H.R. 4868, as amended by the
Senate, bans imports of textiles, agri-
cultural products, coal, uranium, and
steel from South Africa, as well as any
products produced, manufactured,
marketed, or otherwise exported by
South African para-statal agencies. It
bans virtually all new investment of
U.S. dollars in South Africa, and the
overwhelming majority of new loans.
It ends landing rights for South Af-
rican-owned aircraft in the United
States, and vice versa. It contains a
number of lesser sanctions, including
legislative codification of the sanctions
contained in the President's Executive
orders of September 9 and October 11
of 1985.
Furthermore, the sanctions may not
be lifted unless and until South Africa
meets four of five stiff conditions
aimed at fostering a negotiated politi-
cal settlement with the representa-
tives of the black majority and the dis-
mantling of the apartheid system.
Finally, the bill threatens further
sanctions within a year if the South
African Government has not made
substantial progress in ending apart-
heid and establishing a nonracial de-
mocracy.
Mr. Speaker, as chairman of the
Subcommittee on Africa, I want to
state my own view that there is noth-
ing whatever in this bill that seeks to
preempt or supersede State and city
laws and policies which seek to ensure
that the funds of those entities are
used and invested in a socially respon-
sible manner with respect to apart-
heid. In this regard, I would like to
insert in the RECORD an excellent edi-
torial by Gerald Warburg, foreign
policy adviser to Senator ALAN CRAN-
STON, which was published in today's
Los Angeles Times:
1986]
DIVESTITURE WILL SURVIVE
(By Gerald Warburg)
Will the South Africa sanctions legislation
pending in Congress undermine California's
new anti-apartheid law? Can federal author-
ity require local governments to profit from
apartheid against their will?
The answer to both vexing questions is
yes, according to proponents of a sweeping
federal preemption doctrine recently ad-
vanced by Sen. Richard G. Lugar (R-Ind.).
The specter that enacting the pending
congressional measure on anti-apartheid
trade sanctions would strike down broader
state divestiture legislation has alarmed
grass-roots activists. At stake is the fate of
as many as 20 state statutes and more than
80 city and county regulations that address
the South Africa issue.
There is valid reason for concern when
one hears the views of Lugar, the respected
Foreign Relations Committee chairman:
"When we get Into anti-apartheid law, the
federal government is speaking for the
nation ... we cannot have individual states
and cities establishing their own foreign
policies."
Lugar rests his case on the presumptive
constitutional grant of federal supremacy in
international affairs, and concludes that
any federal legislation on South Africa-no
matter how limited its scope-preempts all
state legislation on the matter.
But before the activists' concern turns to
panic, the full record needs to be scruti-
nized. There is no reason for California to
back away from the strong measures adopt-
ed in Sacramento. Lugar's is a minority
opinion-one unlikely to prevail if pressed
in a legal challenge.
"When I use a word, it means just what I
choose it to mean," says the Queen in "Alice
In Wonderland." So It often is with lawmak-
ers struggling to place their own interpreta-
tion on legislation during the drafting proc-
ess. Lugar currently is advancing his own
preemption thesis as a selling point to per-
suade the White House and corporate lead-
ers to live with the Senate bill, which Lugar
maintains would at least get local authori-
ties off their backs on the emotionally
charged South Africa Issue.
Yet the "Lugar bill" actually is a cut-and-
paste Job of legislation drafted by a half-
dozen senators. These co-authors utterly re-
jected Lugar's interpretation, as the follow-
ing statements culled from the long and tor-
tured legislative history of the South Africa
debate illustrate.
William Proxmire of Wisconsin, senior
Democrat on the Banking Committee: We
have no intention of preempting state di-
vestment laws."
Alan Cranston of California, Democratic
floor manager of the measure: "Courts
always recognize the distinction between
the state as market participant and the
state as a market regulator ... we have no
intention of compelling sovereign states to
invest in companies that they do not wish to
invest in."
Edward M. Kennedy of Massachusetts,
senior Democrat on the Judiciary Commit-
tee: "The law is clear that this legislation
will not preempt the kind of state and local
action against apartheid that has occurred
throughout this country."
Advocates of total preemption make much
of a vote last month against an amendment
by Sen. Alfonse M. D'Amato (R-N.Y.). But
this amendment pertained only to a special
contracting issue (whereby federal funds for
New York City might be withheld if local
authorities, acting against companies still in
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