[Congressional Record Volume 153, Number 194 (Tuesday, December 18, 2007)]
[House]
[Pages H16753-H16760]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUDAN ACCOUNTABILITY AND DIVESTMENT ACT OF 2007
Mr. FRANK of Massachusetts. Mr. Speaker, I move to suspend the rules
and pass the Senate bill (S. 2271) to authorize State and local
governments to divest assets in companies that conduct business
operations in Sudan, to prohibit United States Government contracts
with such companies, and for other purposes.
The Clerk read the title of the Senate bill.
The text of the Senate bill is as follows:
S. 2271
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sudan Accountability and
Divestment Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, and the Select Committee
on Intelligence of the Senate; and
(B) the Committee on Financial Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Business operations.--The term ``business operations''
means engaging in commerce in any form in Sudan, including by
acquiring, developing, maintaining, owning, selling,
possessing, leasing, or operating equipment, facilities,
personnel, products, services, personal property, real
property, or any other apparatus of business or commerce.
(3) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403).
(4) Government of sudan.--The term ``Government of
Sudan''--
(A) means the government in Khartoum, Sudan, which is led
by the National Congress Party (formerly known as the
National Islamic Front) or any successor government formed on
or after October 13, 2006 (including the coalition National
Unity Government agreed upon in the Comprehensive Peace
Agreement for Sudan); and
(B) does not include the regional government of southern
Sudan.
(5) Marginalized populations of sudan.--The term
``marginalized populations of Sudan'' refers to--
(A) adversely affected groups in regions authorized to
receive assistance under section 8(c) of the Darfur Peace and
Accountability Act (Public Law 109-344; 50 U.S.C. 1701 note);
and
(B) marginalized areas in Northern Sudan described in
section 4(9) of such Act.
(6) Military equipment.--The term ``military equipment''
means--
(A) weapons, arms, military supplies, and equipment that
readily may be used for military purposes, including radar
systems or military-grade transport vehicles; or
(B) supplies or services sold or provided directly or
indirectly to any force actively participating in armed
conflict in Sudan.
(7) Mineral extraction activities.--The term ``mineral
extraction activities'' means exploring, extracting,
processing, transporting, or wholesale selling or trading of
elemental minerals or associated metal alloys or oxides
(ore), including gold, copper, chromium, chromite, diamonds,
iron, iron ore, silver, tungsten, uranium, and zinc.
(8) Oil-related activities.--
(A) In general.--Except as provided in subparagraph (B),
the term ``oil-related activities'' means--
(i) exporting, extracting, producing, refining, processing,
exploring for, transporting, selling, or trading oil; and
(ii) constructing, maintaining, or operating a pipeline,
refinery, or other oilfield infrastructure.
(B) Exclusions.--A person shall not be considered to be
involved in an oil-related activity if--
(i) the person is involved in the retail sale of gasoline
or related consumer products in Sudan but is not involved in
any other activity described in subparagraph (A); or
(ii) the person is involved in leasing, or owns, rights to
an oil block in Sudan but is not involved in any other
activity described in subparagraph (A).
(9) Person.--The term ``person'' means--
(A) a natural person, corporation, company, business
association, partnership, society, trust, any other
nongovernmental entity, organization, or group;
(B) any governmental entity or instrumentality of a
government, including a multilateral development institution
(as defined in section 1701(c)(3) of the International
Financial Institutions Act (22 U.S.C. 262r(c)(3))); and
(C) any successor, subunit, parent company or subsidiary of
any entity described in subparagraph (A) or (B).
(10) Power production activities.--The term ``power
production activities'' means any business operation that
involves a project commissioned by the National Electricity
Corporation of Sudan or other similar entity of the
Government of Sudan whose purpose is to facilitate power
generation and delivery, including establishing power-
generating plants or hydroelectric dams, selling or
installing components for the project, or providing service
contracts related to the installation or maintenance of the
project.
(11) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
(12) State or local government.--The term ``State or local
government'' includes--
(A) any State and any agency or instrumentality thereof;
(B) any local government within a State, and any agency or
instrumentality thereof;
(C) any other governmental instrumentality; and
(D) any public institution of higher education within the
meaning of the Higher Education Act of 1965 (20 U.S.C. 1001
et seq.).
SEC. 3. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST
FROM CERTAIN COMPANIES DIRECTLY INVESTED IN
CERTAIN SUDANESE SECTORS.
(a) Sense of Congress.--It is the sense of Congress that
the United States Government should support the decision of
any State or local government to divest from, or to prohibit
the investment of assets of the State or local government in,
a person that the State or local government determines poses
a financial or reputational risk.
(b) Authority To Divest.--Notwithstanding any other
provision of law, a State or local government may adopt and
enforce measures that meet the requirements of subsection (e)
to divest the assets of the State or local government from,
or prohibit investment of the assets of the State or local
government in, persons that the State or local government
determines, using credible information available to the
public, are conducting or have direct investments in business
operations described in subsection (d).
(c) Notice to Department of Justice.--Not later than 30
days after adopting a measure pursuant to subsection (b), a
State or local government shall submit written notice to the
Attorney General describing the measure.
(d) Business Operations Described.--
(1) In general.--Business operations described in this
subsection are business operations in Sudan that include
power production activities, mineral extraction activities,
oil-related activities, or the production of military
equipment.
(2) Exceptions.--Business operations described in this
subsection do not include business operations that the person
conducting the business operations can demonstrate--
(A) are conducted under contract directly and exclusively
with the regional government of southern Sudan;
(B) are conducted under a license from the Office of
Foreign Assets Control, or are expressly exempted under
Federal law from the requirement to be conducted under such a
license;
(C) consist of providing goods or services to marginalized
populations of Sudan;
(D) consist of providing goods or services to an
internationally recognized peacekeeping force or humanitarian
organization;
(E) consist of providing goods or services that are used
only to promote health or education; or
(F) have been voluntarily suspended.
(e) Requirements.--Any measure taken by a State or local
government under subsection (b) shall meet the following
requirements:
(1) Notice.--The State or local government shall provide
written notice and an opportunity to comment in writing to
each person to whom a measure is to be applied.
(2) Timing.--The measure shall apply to a person not
earlier than the date that is 90 days after the date on which
written notice is provided to the person under paragraph (1).
(3) Applicability.--The measure shall not apply to a person
that demonstrates to the State or local government that the
person does not conduct or have direct investments in
business operations described in subsection (d).
(4) Sense of congress on avoiding erroneous targeting.--It
is the sense of Congress that a State or local government
should not adopt a measure under subsection (b) with respect
to a person unless the State or local government has made
every effort to avoid erroneously targeting the person and
has verified that the person conducts or has direct
investments in business operations described in subsection
(d).
(f) Definitions.--In this section:
(1) Investment.--The ``investment'' of assets, with respect
to a State or local government, includes--
(A) a commitment or contribution of assets;
(B) a loan or other extension of credit of assets; and
(C) the entry into or renewal of a contract for goods or
services.
(2) Assets.--
(A) In general.--Except as provided in subparagraph (B),
the term ``assets'' refers to public monies and includes any
pension, retirement, annuity, or endowment fund, or similar
instrument, that is controlled by a State or local
government.
[[Page H16754]]
(B) Exception.--The term ``assets'' does not include
employee benefit plans covered by title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1001 et
seq.).
(g) Nonpreemption.--A measure of a State or local
government authorized under subsection (b) is not preempted
by any Federal law or regulation.
(h) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section applies to measures adopted by a State or local
government before, on, or after the date of the enactment of
this Act.
(2) Notice requirements.--Subsections (c) and (e) apply to
measures adopted by a State or local government on or after
the date of the enactment of this Act.
SEC. 4. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY
ASSET MANAGERS.
(a) In General.--Section 13 of the Investment Company Act
of 1940 (15 U.S.C. 80a-13) is amended by adding at the end
the following:
``(c) Limitation on Actions.--
``(1) In general.--Notwithstanding any other provision of
Federal or State law, no person may bring any civil,
criminal, or administrative action against any registered
investment company, or any employee, officer, director, or
investment adviser thereof, based solely upon the investment
company divesting from, or avoiding investing in, securities
issued by persons that the investment company determines,
using credible information that is available to the public,
conduct or have direct investments in business operations in
Sudan described in section 3(d) of the Sudan Accountability
and Divestment Act of 2007.
``(2) Applicability.--
``(A) Actions for breaches of fiduciary duties.--Paragraph
(1) does not prevent a person from bringing an action based
on a breach of a fiduciary duty owed to that person with
respect to a divestment or non-investment decision, other
than as described in paragraph (1).
``(B) Disclosures.--Paragraph (1) shall not apply to a
registered investment company, or any employee, officer,
director, or investment adviser thereof, unless the
investment company makes disclosures in accordance with
regulations prescribed by the Commission.
``(3) Person defined.--For purposes of this subsection the
term `person' includes the Federal Government and any State
or political subdivision of a State.''.
(b) SEC Regulations.--Not later than 120 days after the
date of the enactment of this Act, the Securities and
Exchange Commission shall prescribe regulations, in the
public interest and for the protection of investors, to
require disclosure by each registered investment company that
divests itself of securities in accordance with section 13(c)
of the Investment Company Act of 1940. Such rules shall
require the disclosure to be included in the next periodic
report filed with the Commission under section 30 of such Act
(15 U.S.C. 80a-29) following such divestiture.
SEC. 5. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN
INVESTMENTS.
It is the sense of Congress that a fiduciary of an employee
benefit plan, as defined in section 3(3) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)),
may divest plan assets from, or avoid investing plan assets
in, any person the fiduciary determines is conducting or has
direct investments in business operations in Sudan described
in section 3(d) of this Act, without breaching the
responsibilities, obligations, or duties imposed upon the
fiduciary by section 404 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1104), if--
(1) the fiduciary makes such determination using credible
information that is available to the public; and
(2) such divestment or avoidance of investment is conducted
in accordance with section 2509.94-1 of title 29, Code of
Federal Regulations (as in effect on the day before the date
of the enactment of this Act).
SEC. 6. PROHIBITION ON UNITED STATES GOVERNMENT CONTRACTS.
(a) Certification Requirement.--The head of each executive
agency shall ensure that each contract entered into by such
executive agency for the procurement of goods or services
includes a clause that requires the contractor to certify to
the contracting officer that the contractor does not conduct
business operations in Sudan described in section 3(d).
(b) Remedies.--
(1) In general.--The head of an executive agency may impose
remedies as provided in this subsection if the head of the
executive agency determines that the contractor has submitted
a false certification under subsection (a) after the date the
Federal Acquisition Regulation is amended under subsection
(e) to implement the requirements of this section.
(2) Termination.--The head of an executive agency may
terminate a covered contract upon the determination of a
false certification under paragraph (1).
(3) Suspension and debarment.--The head of an executive
agency may debar or suspend a contractor from eligibility for
Federal contracts upon the determination of a false
certification under paragraph (1). The debarment period may
not exceed 3 years.
(4) Inclusion on list of parties excluded from federal
procurement and nonprocurement programs.--The Administrator
of General Services shall include on the List of Parties
Excluded from Federal Procurement and Nonprocurement Programs
maintained by the Administrator under part 9 of the Federal
Acquisition Regulation issued under section 25 of the Office
of Federal Procurement Policy Act (41 U.S.C. 421) each
contractor that is debarred, suspended, proposed for
debarment or suspension, or declared ineligible by the head
of an executive agency on the basis of a determination of a
false certification under paragraph (1).
(5) Rule of construction.--This section shall not be
construed to limit the use of other remedies available to the
head of an executive agency or any other official of the
Federal Government on the basis of a determination of a false
certification under paragraph (1).
(c) Waiver.--
(1) In general.--The President may waive the requirement of
subsection (a) on a case-by-case basis if the President
determines and certifies in writing to the appropriate
congressional committees that it is in the national interest
to do so.
(2) Reporting requirement.--Not later than April 15, 2008,
and semi-annually thereafter, the Administrator for Federal
Procurement Policy shall submit to the appropriate
congressional committees a report on waivers granted under
paragraph (1).
(d) Implementation Through the Federal Acquisition
Regulation.--Not later than 120 days after the date of the
enactment of this Act, the Federal Acquisition Regulatory
Council shall amend the Federal Acquisition Regulation issued
pursuant to section 25 of the Office of Federal Procurement
Policy Act (41 U.S.C. 421) to provide for the implementation
of the requirements of this section.
(e) Report.--Not later than one year after the date the
Federal Acquisition Regulation is amended under subsection
(e) to implement the requirements of this section, the
Administrator of General Services, with the assistance of
other executive agencies, shall submit to the Office of
Management and Budget and the appropriate congressional
committees a report on the actions taken under this section.
SEC. 7. SENSE OF CONGRESS ON EFFORTS BY OTHER COUNTRIES.
It is the sense of Congress that the governments of all
other countries should adopt measures, similar to those
contained in this Act, to publicize the activities of all
persons that, through their financial dealings, knowingly or
unknowingly enable the Government of Sudan to continue to
oppress and commit genocide against people in the Darfur
region and other regions of Sudan, and to authorize
divestment from, and the avoidance of further investment in,
such persons.
SEC. 8. SENSE OF CONGRESS ON PEACEKEEPING EFFORTS IN SUDAN.
It is the sense of Congress that the President should--
(1) continue to work with other members of the
international community, including the Permanent Members of
the United Nations Security Council, the African Union, the
European Union, the Arab League, and the Government of Sudan
to facilitate the urgent deployment of a peacekeeping force
to Sudan; and
(2) bring before the United Nations Security Council, and
call for a vote on, a resolution requiring meaningful
multilateral sanctions against the Government of Sudan in
response to its acts of genocide against the people of Darfur
and its continued refusal to allow the implementation of a
peacekeeping force in Sudan.
SEC. 9. SENSE OF CONGRESS ON THE INTERNATIONAL OBLIGATIONS OF
THE UNITED STATES.
It is the sense of Congress that nothing in this Act--
(1) conflicts with the international obligations or
commitments of the United States; or
(2) affects article VI, clause 2, of the Constitution of
the United States.
SEC. 10. REPORTS ON SANCTIONS IN SUPPORT OF PEACE IN DARFUR.
(a) In General.--The Secretary of State and the Secretary
of the Treasury shall submit to the appropriate congressional
committees a report assessing the effectiveness of sanctions
imposed with respect to Sudan at the time the Secretary of
State and the Secretary of the Treasury submits reports
required under--
(1) the Sudan Peace Act (Public Law 107-245; 50 U.S.C. 1701
note);
(2) the Comprehensive Peace in Sudan Act of 2004 (Public
Law 108-497; 50 U.S.C. 1701 note); and
(3) the Darfur Peace and Accountability Act of 2006 (Public
Law 109-344; 50 U.S.C. 1701 note).
(b) Additional Report by the Secretary of the Treasury.--
The Secretary of the Treasury shall submit to the appropriate
congressional committees a report assessing the effectiveness
of sanctions imposed with respect to Sudan under the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) at the time the President submits the reports
required by section 204(c) of such Act (50 U.S.C. 1703(c))
with respect to Executive Order 13,067 (50 U.S.C. 1701 note;
relating to blocking property of persons in connection with
the conflict in Sudan's region of Darfur).
(c) Contents.--The reports required by subsections (a) and
(b) shall include--
(1) a description of each sanction imposed under a law or
executive order described in subsection (a) or (b);
[[Page H16755]]
(2) the name of the person subject to the sanction, if any;
and
(3) whether or not the person subject to the sanction is
also subject to sanctions imposed by the United Nations.
SEC. 11. REPEAL OF REPORTING REQUIREMENT.
Section 6305 of the U.S. Troop Readiness, Veterans' Care,
Katrina Recovery, and Iraq Accountability Appropriations Act,
2007 (Public Law 110-28; 121 Stat. 172) is repealed.
SEC. 12. TERMINATION.
The provisions of sections 3, 4, 5, 6, and 10 shall
terminate 30 days after the date on which the President has
certified to Congress that the Government of Sudan has
honored its commitments to--
(1) abide by United Nations Security Council Resolution
1769 (2007);
(2) cease attacks on civilians;
(3) demobilize and demilitarize the Janjaweed and
associated militias;
(4) grant free and unfettered access for delivery of
humanitarian assistance; and
(5) allow for the safe and voluntary return of refugees and
internally displaced persons.
Passed the Senate December 12, 2007.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Massachusetts (Mr. Frank) and the gentleman from Alabama (Mr. Bachus)
each will control 20 minutes.
The Chair recognizes the gentleman from Massachusetts.
Mr. FRANK of Massachusetts. Mr. Speaker, I yield for the purpose of
making a unanimous consent request to the gentleman from California
(Mr. George Miller).
(Mr. GEORGE MILLER of California asked and was given permission to
revise and extend his remarks.)
Mr. GEORGE MILLER of California. Mr. Speaker, I rise in support of
this legislation, and I thank Congresswoman Barbara Lee for all of her
work, as well as everyone on the committee, for bringing this bill to
the floor of the Congress today.
I rise in support of this bill to authorize State and local
governments to divest assets in companies that conduct business
operations in Sudan, as well as to prohibit United States Government
contracts with any such companies.
Several years ago I traveled with a bipartisan Congressional
delegation to see firsthand the site of the ongoing genocide in Darfur,
and to meet in person with the refugees--people displaced from their
homes because of targeted political violence. At that time, 250,000
people had already been murdered or had died from subsequent
malnutrition and disease. Another 2 million people had already been
displaced.
I returned from that trip outraged with the conduct of the Government
of Sudan. Not only did the Sudanese Government refuse to protect the
innocent people caught between the rebels and the government, but it
was also actively involved in the raping, maiming and killing of these
refugees.
I returned with the hope that our Nation would do everything possible
to bring this nightmare to an end. But not enough has been done. The
murders and the rapes continue in Darfur, and in response, the American
people want us to do more to help bring this genocide to an end.
Therefore, we in Congress must pass this bill today so that State and
local governments will be able to divest from companies that continue
their financial ties with Sudan. We must also ensure that the Federal
Government is not complicit in the horrendous conduct of the Sudanese
Government through our use of government contracts.
By passing this resolution, we will stand with the thousands of
religious groups, churches, humanitarian and community organization,
and State and local governments--all of whom are coming together to
send a message about the ongoing genocide in Darfur--not on our watch.
Mr. FRANK of Massachusetts. Mr. Speaker, this is a very important
piece of legislation on one of the gravest subjects facing the world:
the terrible genocide in Darfur.
Mr. Speaker, I want to begin by yielding such time as she may consume
to a former member of our committee, the gentlewoman from California
(Ms. Lee), who was from the beginning the major force behind this
legislation.
Ms. LEE. Mr. Speaker, I rise in support of S. 2271, the Sudan
Accountability and Divestment Act. First, let me thank Chairman Frank.
As Chair of the Financial Services Committee, I have just got to say
you didn't have to do this, but you did.
This took many, many months to negotiate. Chairman Frank understands
very clearly that this bill will put the United States on the right
side of history in our efforts to end this genocide in Darfur.
So I just want to thank the Financial Services Committee under your
leadership. I want to thank Ranking Member Spencer Bachus, Mr.
Gutierrez, and all of those who really made sure that this happened in
a bipartisan way. So thank you again, Congressman Frank and Ranking
Member Bachus, for your leadership but also for your commitment. Your
moral commitment, your intellectual resources have been put on the
table to get this done. So thank you so much.
I want to also take a few minutes just to thank a few more people
because this is a bill that has been a bipartisan bill, and it has been
tough to negotiate; but it happened finally. First, I have to say that
my colleagues in the other body, Senator Dodd, Senator Durbin, Ranking
Member Shelby of the Senate Banking Committee, I have to congratulate
them and thank them for working together in a bipartisan fashion on
this bill. Initially it was actually, when it left this House, H.R.
180, the Darfur Accountability and Divestment Act, better known as
DADA. And for the most part, 90 percent of DADA remains intact thanks
to our negotiators and thanks to our staff.
The staff has been phenomenal. Daniel McGlinchey, Jim Segel, Katie
Lavelle, and I want to thank all of our staff for their efforts and I
have to especially acknowledge Christos Tsentos on my staff who has
gone way beyond the call of duty to make sure that this bill came out
in the form that it came out where we all could support it.
Also, a former staffer, Aysha House-Moshi, her tireless effort, her
inspiration and her pushing, pushing, pushing helped us draft the
original DADA bill.
And I must acknowledge Congressman Don Payne, Chair of the Africa
Subcommittee. I've got to say that his leadership on Sudan has been
phenomenal. He authored the initial legislation over 3 years ago that
declared the genocide taking place was a genocide in Darfur.
Representative Wolf, Senator Brownback, in a bipartisan way Members in
both bodies have come together to not only declare that genocide is
taking place but also to do the things that we need to do to make sure
that it ended. So I want to thank you also for your leadership.
Also, let me just say to Speaker Pelosi and Majority Leader Steny
Hoyer, they have been such phenomenal leaders, as leadership in this
body and as great human beings. I have visited the refugee camps on
three occasions, once also with Speaker Pelosi and once with Majority
Leader Hoyer. They saw the devastation. They saw the tragedy. They saw
the glare in the refugees' eyes. They heard the stories of men, women,
and children being run out of their villages. They saw the pictures
that children painted of bombs coming down into their villages and the
janjaweed on horseback coming through burning their villages. So
Speaker Pelosi and Majority Leader Hoyer saw this firsthand with so
many Members of this body. So I just want to thank them for following
up and for making sure that we were able to bring this bill to the
floor.
The religious community, the students, the Save Darfur Coalition,
STAND, the NAACP, the American Jewish World Service, the National
Association of Evangelicals, and the Genocide Intervention Network and
the Sudan Divestment Task Force, I cannot say enough about these
outside organizations because they have been the wind beneath our wings
here. They got it early. They got it early. So I just have to thank
them, including Sam Bell, Adam Sterling, Allyson Neville, and Nina
McMurry with the Sudan Divestment Task Force for their work because
sometimes these negotiations got very difficult, but they hung in there
and they were very realistic and yet very principled in how they moved
forward.
With each decision to divest, our constituents send a very loud and
clear message to Khartoum that they won't fund genocide, not on our
dime, not on our watch. Already in our Nation there have been 58
universities, 22 States, and 11 cities. All of these have divested. So
this bill allows these divestment movements to move on. This is an
impressive track record, Mr. Speaker, and it really deserves our
recognition.
Briefly, this bill, one, authorizes States and local governments and
universities to divest from companies doing business in the military,
the power production, the oil-related, and
[[Page H16756]]
mineral extraction industries in partnership with the Khartoum
Government of Sudan. It also authorizes States, local governments, and
universities to prohibit new contracts with such companies. It provides
safe harbor to mutual funds and pension plans choosing to divest their
assets in such companies and also prohibits the Federal Government from
entering into new Federal contracts with these offending companies.
Let me be very clear. This bill does not require anyone to divest.
Even when it comes to Federal contracts, we provide the President with
waiver authority in the event of a national security emergency.
Further, this bill is designed to protect and encourage our Governors,
State legislators, our mayors, our provosts, and our deans to divest
their assets from Sudan and express their outrage with the ongoing
genocide in Darfur.
No one should have to worry that their pension or retirement funds
are supporting genocide. So by passing this legislation today, we can
help achieve that goal and at the same time send a message to Khartoum
and to the companies that are enabling, enabling the genocidal regime.
Not on our watch, not on our dime. Taken together with the over $1
billion in humanitarian assistance and peacekeeping money we passed
last night and the diplomacy efforts of this administration, divestment
is one part of a comprehensive bipartisan strategy that we are pursuing
to end the genocide.
So we must continue also to urge all parties to lay down their arms,
come to the table to negotiate a political solution. We must continue
support for the rapid and unconditional deployment of a United Nations/
AU hybrid force, along with free and unfettered access for humanitarian
groups to continue to provide humanitarian assistance.
Mr. Speaker, 13 years ago the world stood by as nearly 1 million
people were slaughtered in the genocide of Rwanda. And the best our
country could do, the best we could we do was apologize, and that was
after the fact. Today the people of Darfur who are suffering and dying
need this bill. They need it because another genocide is occurring.
And, again, as I said, I have witnessed this three times in the camps,
and I have heard these stories. I have seen the devastation from the
survivors. Nearly 3 million refugees are in the camps now. So I must
say there must be no apologies this time because we must sign this bill
into law. The President needs to do the right thing. He needs to listen
to bipartisan, bicameral support from Congress for divestment and sign
this.
This really is, Mr. Speaker, the moment of truth. This is the moment
of truth. Let's stop the rhetoric and do something, do something now
that we have declared for 3 years genocide taking place. We need to put
the United States on the right side of history. Divestment worked in
South Africa when our former colleague and my mayor now, Ron Dellums,
when he led the effort in the 1980s. It can work now in Sudan. So I
urge the President to join us in saying to the Government of Khartoum
not on our watch, not on our dime.
So let me again thank Chairman Frank for his leadership on this
important legislation. Let me thank all those on the other side of the
House for their commitment to make sure that this became a bipartisan
bill and that we take the right step, put our country on the right side
of history and say ``no'' to the Sudanese Government, ``yes'' to ending
this genocide, and let us urge the President to sign this bill into
law.
{time} 1400
Mr. BACHUS. Mr. Speaker, I yield myself such time as I may consume.
Congresswoman Lee has, I think appropriately, mentioned several
Members who have worked hard on this legislation. And historically in
this Congress the House has come together to work very hard in a
bipartisan way, not always successfully. Several years ago, we passed a
capital market sanction unanimously out of the House. It went to the
Senate, and unfortunately it died there.
We're voting on legislation that passed the House this last July with
a vote of 418-1. It supports the decisions of State and local
legislatures and fund managers to divest from companies doing business
in Sudan. However, the bill before us today does not require the
government to create or be the source of a ``black list'' for such
companies. We all know the SEC had some problems with maintaining such
a list, and at times was inaccurate. For this reason, the Senate
version is more acceptable to the administration and to many of us in
the House.
Some have said today's legislation is too little, too late, but that
certainly is not the case for more than 1 million innocent men, women
and children who have somehow survived the genocide and slaughter in
Sudan. We can't rewrite history or save lives already lost in Darfur;
however, we can and we must resolve to do better going forward. This
legislation has the potential to give hundreds of thousands of peaceful
and unarmed men, women and children in Darfur an increased chance of
surviving the genocide.
Economic and financial considerations in the past have halted some of
us in the House from using our efforts against the Sudan Government.
They've been used to block and water down our Sudan capital markets
legislation in the past.
Economic and financial considerations are important, but in a loving
Nation, such considerations can never be used as a justification for
turning a blind eye to genocide. Closing our financial markets to those
who participate directly or indirectly in the slaughter of innocent
human beings is well within our ability and ought to be a bedrock
principle of our Nation.
America is a loving Nation, and allowing our financial markets to be
utilized by an evil, and that's a strong word, but in this case it
fits, an evil regime which conducts religious and racial genocide is
inconsistent with our values and our principles.
This legislation will help put strong pressure on the Government of
Sudan that has consistently engaged in genocidal actions both directly
and as an enabler of paramilitary factions that are harassing and
killing people in Darfur and elsewhere in Sudan on a daily basis.
It is vital to keep the pressure on Khartoum, both because of the
bait-and-switch games it regularly plays with the rest of the world,
and has done so for years, pretending to make strides to end the
genocide, and then going back on its word when the world's outrage is
temporarily spent. The latest outrage involves refusing to allow the
deployment of non-African United Nations peacekeeping troops, due in
two weeks, which it previously had agreed to accept.
The objective of this legislation is one that those of us on our side
wholeheartedly embrace. In fact, three of our Members who have been to
Sudan and have consistently for years worked in the slaughter there
will speak in support of the legislation. Their advice and counsel on
the legislative proposal has been invaluable.
Passage of this legislation will give a strong expression of
Congress' outrage over the continued genocide in Darfur.
At this time, I would like to recognize the gentleman from Virginia
(Mr. Wolf), who really has been a passionate crusader against the
outrage that we now know as Darfur, and I recognize him for such time
as he may consume.
(Mr. WOLF asked and was given permission to revise and extend his
remarks.)
Mr. WOLF. I want to begin by thanking the chairman and the ranking
member for bringing the bill up, and also to Congresswoman Barbara Lee
for the effort here. And hopefully this bill will be signed certainly
before Christmas.
I think as we talk about the bill today, we should remember that
genocide did take place, and in a certain respect continues to take
place as we now stand here at this time.
Also, keep in mind, when talking about the Sudan Government, Osama
bin Laden lived in Sudan from 1991 to 1996. And the same government
that is there now invited Osama bin Laden to live there. And Carlos
DeJackal and many other evil people have been in that country for a
long period of time.
This bill, the Sudan Accountability and Divestment Act, takes a very
important step to pressure the Sudanese Government to halt the violent
genocide, which continues in many respects. It authorizes State and
local
[[Page H16757]]
governments to divest assets in companies that conduct business in
Sudan. It also prohibits the U.S. Government from contracting with
companies which conduct business in Sudan. And there are many companies
that are doing business. There are many foreign companies, some
American companies, a lot of Chinese companies. So this is not set up
to do something for something that may happen. There are companies
today that are doing business and prospering there.
Many have asked how to be involved in stopping the genocide. One
answer is to pass this bill. Targeted disinvestment is a powerful tool.
It is important to understand that targeted disinvestment is the
removal of investment money from companies that are directly or
indirectly helping the Sudanese Government perpetuate genocide. There
are Chinese companies that are actually helping; some have sold
weapons, some have sold Hind helicopters, some have sold other
equipment that is helping with regard to this.
Since the ultimate intent of Sudan disinvestment is to protect the
victims of genocide, it is important to tailor the disinvestment to
have the maximum impact on the Government of Sudan's behavior and
minimal harm to innocent Sudanese. Such targeted disinvestment excludes
companies involved in agriculture, production and distribution of
consumer goods or activities intended to relieve human suffering.
Many States, and they should be applauded, including California,
Connecticut, Illinois, Maine, New Jersey, and Oregon, have already
moved to divest from companies doing business in Sudan. More States
should act.
In closing, I want to again thank the Disinvestment Task Force. I
would hope there would be a rollcall on this as a message so everyone
knows. And again, I want to thank Congresswoman Barbara Lee for her
persistence and effort to bring this up and pass this.
Keep in mind, as you're voting today, and hopefully there will be,
with the chairman, look up there. This will really send a message to
the Sudan Government. And there is genocide taking place today as we
now vote.
Mr. FRANK of Massachusetts. Mr. Speaker, I yield 30 seconds to the
gentlewoman from California.
Ms. LEE. I want to thank the gentleman for yielding, and I want to
once again acknowledge the leadership of Congressman Wolf and
Congressman Bachus.
I served for many years on the Financial Services Committee and had
the privilege to work with Spencer Bachus on many, many bills and
legislation, including debt relief. And I just wanted to thank him on
this one issue because I know this comes from his values, not only as a
legislator, but as a human being who wants to see humankind live, and
live in peace and harmony without the devastating effects of genocide
in their country. So, I want to thank you again, Congressman Bachus.
Mr. FRANK of Massachusetts. Mr. Speaker, I yield myself such time as
I may consume.
I want to join in thanking the people that have been thanked,
particularly members of the staff, Mr. Tsentas, Mr. McGlinchey and Mr.
Segel, because this took a great deal of work. This was one of those
issues where there was a great deal of agreement in principle, but
where a lot of work had to be done to translate that principle here in
the House. And it was a case where the House took the lead, the Senate
then acted, and some negotiation took place.
There was some resistance, I am sad to say, from the administration.
The State Department was busy getting Senators to hold us up for a
while. But a good deal of good lobbying took place on a bipartisan
basis. And many Republicans in the Senate resisted this effort to hold
it up, and as a result we have a bill that does what it should do. And
I want to be clear what that is.
We are not here compelling anyone to divest. We ran into a situation
in which a large number of Americans, revolted by the massive violation
of basic human principle that has gone on in Sudan, engaged in by the
Government of Sudan, sadly, protected in some ways by the Government of
the People's Republic of China, too little resisted by other African
nations, too little resisted, in particular, by some in the Arab world
who, sadly, it seemed to me, allowed ethnicity to influence them, and
for a variety of reasons there has not been the mobilization of
international protection for these innocent victims of genocide that
there should have been.
What we have is a situation where a number of Americans said, I
cannot in any way be part of this. And they approached those entities
who invest money on their behalf. As we know, much of the investment
that goes on in this country is done not by individuals directing their
own investments, but through third parties, mutual funds, pension
funds, other entities. And they were told, those who wanted to divest,
Oh, we can't do that. We can't honor your moral conviction because we
have an obligation to make as much money for you as possible. And
indeed, there were invocations of potential lawsuits if, in fact, a
mutual fund or pension fund were to say, Look, we're not going to
divest in this way or stay an investment fund. We didn't think that
those were real threats, but we figured we had to act.
So, what this bill does is not to compel anybody to do anything. It
empowers individuals who want to withdraw their funding from this
genocide. It empowers entities that want to withdraw funding to do so
without fear of lawsuit. And I think it is a solution that looks at how
the marketplace works and uses that set of institutions and the law in
a reasonable way.
I cannot understand why we ran into the resistance that we did. And I
don't think bureaucracy is a bad thing. Bureaucracy is an essential
part of civilized governance. But bureaucracy in the bad sense,
bureaucratic resistance in the bad sense, slowed this bill up. People
have said, It's too late. I agree. It should have happened a long time
ago. It certainly should have happened earlier this year. There was
resistance that shouldn't have come from the State Department. There
was some concern by the Treasury. They were excessive.
I am very proud that both Houses have now overwhelmingly said, No,
enough is enough. We're going to go forward. And we wish we could do
more to stop this mass murder, but we can at least allow Americans to
withdraw from any participation. And we hope that the cumulative effect
of this and elsewhere would be to force a withdrawal.
And there is one very important point. We have sometimes, when the
United States Government expressed its revulsion at violations of human
rights, people have tried to say, Well, that's just the government.
That's not the people. This empowers the American people. When there
are withdrawals as a result of this, it will be coming from State and
local governments and individual citizens. So no one will be able to
deny the concentrated force of this, and we hope that adds to its moral
impact.
So, I do intend to ask for a recorded vote on this because I hope we
will have an overwhelming demonstration, once again, virtual unanimity,
if not complete unanimity, that will send a message that will help get
the bill signed. And particularly to the Government of Sudan and to
those governments, and that includes some in the Arab world, it
includes the People's Republic of China, they will understand the
extent to which, across party lines, across ideological lines, they
have instilled in the American people the feeling of revulsion. And
they should understand our determination to do whatever we can to put
an end to this terrible set of events.
Mr. Speaker, I reserve the balance of my time.
Mr. BACHUS. Mr. Speaker, I would like to acknowledge Congresswoman
Lee's kind remarks. I very much appreciate the fact that she and I have
cooperated so many times on these issues.
Chairman Frank, on this issue, has been wonderful, and I commend him.
Also, a member of his staff, Jim Segel, I would like to acknowledge
Jim, and represent all the Democratic staff. And Joe Pinder and our
staff, I congratulate them on the fine job they've done.
At this time, I would like to call on two of our Members, both
Representative Chris Smith of New Jersey and also Representative Ros-
Lehtinen. Ileana has been very active and personally involved in this
issue.
At this time, I yield 4 minutes to the gentleman from New Jersey (Mr.
Smith).
[[Page H16758]]
{time} 1415
Mr. SMITH of New Jersey. I thank my good friend for yielding. I am
pleased to join my colleagues on both sides of the aisle in supporting
S. 2271, the Sudan Accountability and Divestment Act of 2007, which
will make yet another contribution and another effort at ending this
horrific genocide in Darfur that according to the United Nations as
resulted in the deaths of over 200,000 people, while others put the
death toll as high as 450,000 with about 2.5 million people displaced.
Like many of my colleagues, I have visited Darfur. I have been to
Mukjar and Kalma camp.
And I have actually had a face-to-face with General Bashir, the
President, the dictator in Khartoum, pushing for peace, pushing for an
end to this slaughter. And I have seen firsthand, like many of my
colleagues, the unspeakable agony and the devastation, whole families
exterminated, entire villages killed, women raped. It is beyond words
how much sufferings has been endured--you can see it on the survivors'
faces. I would also point out to my colleagues that the United States
has not been lax. or underengaged. Can we do more, you bet.
Nevertheless USAID, the U.S. Department of State and President Bush
himself, our special envoy Andrew Natsios have been very robust in
their efforts to try to mitigate the suffering and hopefully to this
crisis as well.
The Bush administration took the lead at the U.N.; I would remind my
colleagues, in arguing for deployment of a peacekeep force which
yielded fruit on July 31 with the authorization of a United Nations-
African Union hybrid peacekeeping force that hopefully will begin to
get some significant deployment beginning on January 1 to replace the
AU force of about 7,000. About 20,000 military, 6,000 police, will form
the core of that force; and the sooner they get in there to protect,
the better.
Let me also point out to my colleagues that on May 29, 2007, the
President ordered the U.S. Treasury to block the assets of three
Sudanese individuals involved in the violence and to sanction 31
companies owned and controlled by the Government of Sudan. This
legislation builds on this bipartisan effort to say, enough is enough.
As Ms. Lee said a moment ago, we looked askance when the Rwandan
genocode accrued--killing by the Hutus of the Tutsis and it was Bill
Clinton who did apologize, and the Secretary of the United Nations Kofi
Annan also had to apologize because we sat idly by and did nothing even
though General Dallaire gave us a clear and compelling heads-up, he
was, you will recall, the U.N. peacekeeping leader at the time in
Rwanda, and we did nothing.
And we also did nothing for years in the Balkans, another genocide
that killed innocent people in Bosnia and Croatia. Hopefully, we have
learned from that. As a matter of fact, one of the AU peacekeepers that
I had met with, who served in Sarajevo and was also serving in Darfur,
saw the parallels of nonaction and was very much concerned that it was
deja vu all over again. Hopefully, this legislation pushes the ball
further down the court so we can protect innocent lives.
As my colleagues know, the bill today prohibits the U.S. Government
from entering into or renewing any contract for the procurement of
goods and services with any company conducting business operations in
Sudan, directs the Security and Exchange Commission to require that all
companies trading securities that directly or through a parent or a
subsidiary company conducting business in Sudan must disclose the
nature of their business operations in Sudan and does some very other
important things.
Let me point out to my colleagues, too, that just last week, the
Human Rights Council, which was supposed to replace the egregiously
flawed Human Rights Commission, has now disbanded a very important
working group of experts that had chronicled compelling evidence and
testimony about the genocide. The U.N. failed to renew the group's
mandate and just did away with it under pressure. The Council continued
their special rapporteurs mandate, but they got rid of this very
important working group.
Mr. FRANK of Massachusetts. Mr. Speaker, how much time is there
remaining?
The SPEAKER pro tempore. The gentleman from Massachusetts has 5
minutes remaining. The gentleman from Alabama has 7\1/2\ minutes
remaining.
Mr. BACHUS. I recognize the gentleman from New Jersey (Mr. Smith) for
an additional 2 minutes.
Mr. SMITH of New Jersey. I thank Mr. Bachus for yielding further, Mr.
Speaker. I just want to read one witness's comment regarding the Human
Rights Council, He testified and said: ``We, the victims of Darfur,
were hoping so much that this new Human Rights Council would give us a
voice and make a difference in our lives. Yet the genocide continues.
Time is running out. We need action. Our humanitarian situation is
critical. Our security situation worsens every day. The janjaweed are
killing and raping us. The innocent civilians of Darfur are in
desperate need of protection. We need action, and we need it now.''
Finally, I call on each Member to support this bill--this has to be a
strong bipartisan vote. You know, we are often criticized for the
excessive partisanship of this Congress which is largely true. This is
one area where we can close ranks and do what is right on behalf of a
very, very much-suffering people. I thank my friend for yielding that
extra time.
Mr. BACHUS. Mr. Speaker, at this time I would like to yield all
additional time to Ranking Member Ros-Lehtinen of the International
Relations Committee for her knowledge and her fine work.
The SPEAKER pro tempore. The gentlewoman from Florida is recognized
for 6 minutes.
Ms. ROS-LEHTINEN. Mr. Speaker, I would like to thank Mr. Bachus and
Mr. Frank for their leadership on this critical issue. And I am proud
to rise in strong support of the bill before us, Senate bill 2271, the
Darfur Accountability and Divestment Act. The timing of this bill is
critical, Mr. Speaker, because as we speak, the United Nations is
engaged in yet another effort to convince the regime in Khartoum to
stop its foot-dragging and finally facilitate the deployment of a
robust United Nations-African Union hybrid peacekeeping force in
Darfur. It has been 4 months since this force was approved by the
United Nations Security Council, 4 months. And according to the
timeline set by Security Council Resolution 1769, the hybrid mission is
expected to take over full operational control from the overextended
and underresourced African Union peacekeeping mission at the end of
this month. But here we are more than halfway through this month, and
the chances of this happening appear bleaker than ever.
True to form, Khartoum has reneged on its promises and effectively
blocked international efforts to get a credible peacekeeping mission
deployed to Darfur. First, they rejected the deployment of non-African
forces into Darfur. Then they failed to provide land for bases. Then
they imposed onerous restrictions on air travel for the mission. And,
finally, they resorted to impounding critical U.N. communications
equipment and insisted that they have the right to jam the peacekeeping
mission's communications for what they called ``security purposes.''
Never before have I seen a country being given ostensibly a veto over
the selection of peacekeeping troops to be deployed pursuant to a
binding chapter 7 resolution. Never before have I encountered a regime
with the audacity to suggest that it has the right to jam U.N.
communications so that it can continue conducting attacks in violation
of a cease-fire agreement against the very people the peacekeeping
mission has been sent to protect. This is completely unacceptable.
In response to the Khartoum regime's continued games, the United
States representative to the U.N. has once again referenced the need
for the imposition of broader Security Council sanctions against Sudan.
This is a welcome development, and I urge all members of the Security
Council, including China, to follow suit and to finally impose
crippling sanctions against the murderous regime in Khartoum.
But given the inability of the U.N. to take effective action against
Khartoum, I am not holding my breath. Instead, let's encourage our
colleagues today to join us in an effort to inflict real financial pain
upon the genocidal regime by supporting the bill before us, Senate bill
2271, the Darfur Accountability and Divestment Act. It allows
[[Page H16759]]
State and local governments to divest from companies whose business
dealings directly benefit Khartoum while providing safe harbor for fund
managers who choose to divest.
I thank Mr. Bachus and Mr. Frank again for their leadership on this
issue, and I urge all of my colleagues to vote ``yes'' on this
important bill before us.
General Leave
Mr. FRANK of Massachusetts. Mr. Speaker, before yielding to my last
two speakers, I do ask unanimous consent that all Members have 5
legislative days to revise and extend their remarks and include
extraneous material on S. 2271.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Massachusetts?
There was no objection.
Mr. FRANK of Massachusetts. I yield 3 minutes to a very hardworking
member of our committee who has a great deal of concern for this issue,
the gentleman from Missouri (Mr. Cleaver).
Mr. CLEAVER. Thank you, Mr. Chairman. I appreciate the fact that this
Congress is taking some action. And if this cause is just, it will
eventually triumph, in spite of all of the deaths, disease, doubts and
disappointments. If this cause is just, and I believe that it is, it
will eventually triumph, in spite of all of the rapes, all of the
apathy, all of the cynicism, and all of the ``look the other way'' by
nations in the region and, in fact, around the world.
This tragedy in Darfur shows that genocide is better at abolishing
people than people are at abolishing genocide. One speaker earlier
mentioned the Balkans. And so genocide is not new. This is not new. The
main reason history repeats itself is because the world didn't pay
attention the first time. And it seems to me that this provides us with
an opportunity to stand up any time we begin to see that genocide is
occurring anywhere around this planet.
In the war of right and wrong, the United States of America, and
certainly this Congress, cannot afford to be neutral. Some businesses
in the United States and around the world are probably like a catsup
bottle. We may need to slap them on the bottoms a few times to get them
moving. I think this legislation will, in fact, do that; and I commend
the sponsors and the chairman and the ranking member of our committee,
as well as Ms. Lee from California, for standing up and making sure
that when the United States can make an impact in the world, we, in
fact, do.
Mr. FRANK of Massachusetts. Mr. Speaker, I didn't want to just echo
what my friend has said, and so I yield myself 30 seconds. My
appreciation for the fact that we on both sides here, the majority and
minority on the committee, were able to work so well together, and I
mentioned some staffers, Mr. Pinder of the minority staff working well
with Mr. Segel, Mr. McGlinchey and Mr. Tsentas and this is very well
drafted legislation. I am very proud of it. It achieves a moral purpose
in a very thoughtful way.
Mr. Speaker, I submit the following exchange of letters on S. 2271:
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, December 14, 2007.
Hon. Barney Frank,
Chairman, Committee on Financial Services,
Washington, DC.
Dear Mr. Chairman: I am writing to you concerning the bill,
S. 2271, the Sudan Accountability and Divestment Act of 2007.
I understand that are certain provisions of this legislation
as passed by the Senate that fall within the Rule X
jurisdiction of the Committee on Foreign Affairs. Provisions
within the jurisdiction of the Committee include sections 7,
8, 9 and 10 of the Senate passed bill.
In the interest of permitting your Committee to proceed
expeditiously to floor consideration of this important
legislation and clear it for the President, I am willing to
waive this Committee's right to an additional referral. I do
so with the understanding that by waiving consideration of
the bill, the Committee on Foreign Affairs does not waive any
future jurisdictional claim over the subject matters
contained in the bill which fall within its Rule X
jurisdiction.
I would ask that you place this letter into the
Congressional Record when the Committee has S. 2271 under
consideration.
Sincerely,
Tom Lantos,
Chairman.
____
House of Representatives,
Committee on Financial Services,
Washington, DC, December 14, 2007.
Hon. Tom Lantos,
Chairman, Committee on Foreign Affairs,
Washington, DC.
Dear Mr. Chairman: Thank you for your letter concerning S.
2271, the Sudan Accountability and Divestment Act of 2007.
The Senate passed this bill on December 12, 2007, and it is
my expectation that this legislation will be scheduled for
floor consideration shortly.
I recognize that certain provisions in the bill fall within
the jurisdiction of the Committee on Foreign Affairs under
Rule X of the Rules of the House of Representatives. These
provisions include sections 7, 8, 9, and 10. However, I
appreciate your willingness to forego action on S. 2271 in
order to allow the bill to come to the floor expeditiously. I
agree that your decision will not prejudice the Committee on
Foreign Affairs with respect to its jurisdictional
prerogatives on this or similar legislation.
I will include this exchange of correspondence in the
Congressional Record when S. 2271 is considered by the House.
Thank you again for your cooperation in this important
matter.
Barney Frank,
Chairman.
I yield the remainder of my time to the gentlewoman from Ohio, an
alumna of our committee.
Mrs. JONES of Ohio. Thank you, Mr. Chairman, for yielding the time.
We who believe in freedom cannot rest. We who believe in freedom cannot
rest. And today we who believe in freedom must stand up on behalf of
the people of Darfur.
It is a wonderful opportunity that we have through Senate 2271
authorizing State and local governments to divest assets in companies
that conduct business operations in Sudan. While I want to celebrate
the work of the Senate, I must celebrate the work of my colleagues here
in the House who have been really carrying this heavy load and pushing
folks to move forward on this legislation, to the Chair, to the ranking
member, to my good friend, Barbara Lee, who is always stepping up and
saying, if we believe in freedom we must step out and make a difference
in our communities across the world.
As we fight terrorism, and make no mistake about it, the violence in
Sudan is akin to what happened in Rwanda and Serbia in recent decades,
this is a form of terrorism and genocide. We turned our backs on those
populations then, but we must assume responsibility now.
The bill would prohibit the United States Government from contracting
with companies that engage in business in Sudan. The American dollar
should not be put to use to enforce instability and slaughter of
civilians. This legislation also authorizes States, local government
and universities to prohibit new contracts with such companies.
{time} 1430
It provides safe harbor to mutual funds and pension plans choosing to
divest their assets and prohibits the Federal Government from entering
into new contracts. I have already said that. But I really want also to
take the time to thank many of the organizations across this country
who have stood up on our behalf. Specifically, the work of the Save
Darfur Coalition, STAND, the NAACP, American Jewish World Service, the
National Association of Evangelicals, and especially the Genocide
Intervention Network and the Sudan Divestment Task Force.
Lastly, I want to say that all 43 members of the Congressional Black
Caucus were signatories to this legislation. This is a piece of
legislation that was a priority for the Congressional Black Caucus
under the leadership of our Chair, Carolyn Cheeks Kilpatrick, and we
are so proud we have stood so tall and fought this good fight. And, as
I said at the beginning: We who believe in freedom cannot rest. We who
believe in freedom cannot rest, and we cannot rest until the people of
Darfur are taken care of and we are looking out for them and their
babies just like we look after our own.
Mr. HOYER. Mr. Speaker, today the House is considering one of the
most important human rights measures we have dealt with all year--a
bill related to the world's worst ongoing humanitarian disaster, the
genocide in Darfur, Sudan. This measure is about changing direction,
showing the world that the United States will not stand idly by--as the
international community shamefully did in Rwanda in 1994. This measure
is inspired by the apartheid-era legislation that this Congress proudly
initiated, which helped bring about the end of one of the most cruel,
racist, violent regimes in modern history.
Next year marks the fifth anniversary of the genocide in Darfur. That
is five years of raping
[[Page H16760]]
and pillaging, of displacement of millions of innocent men, women and
children. Today, the question that we must ask ourselves as Americans,
and as human beings, is this: Will we respond with apathy or with
action to stop this ongoing tragedy? I submit that there can be only
one answer: We--and by ``we'' I mean the international community--
cannot and must not turn a blind eye to the Darfurians' suffering and
plight.
Today's measure--the Sudan Accountability and Divestment Act of
2007--is a call to action. It authorizes states, local governments and
universities to divest from companies doing business in the military,
power production, oil-related, or mineral extraction industries in
partnership with the government of Sudan. Further, it provides safe
harbor to mutual funds and pension plans choosing to divest their
assets in such companies. And finally, it prohibits the federal
government from entering into new federal contracts with these
offending companies. No longer will Americans have to worry that their
tax dollars are going to companies that support the inhumane regime in
Khartoum.
The bill we will pass today and send to the President is just one
piece of a multi-faceted effort to address the crisis in Darfur. This
solution must include not only full and speedy implementation of the
United Nations/African Union hybrid peacekeeping force, but also
international support for a single, unified peacemaking process. I have
been extremely disappointed in both the rebel leaders and government
officials who continue to choose violence over peace and have declined
to participate in peace talks. However, we must continue to push for
progress toward a ceasefire and a viable political solution for this
ravaged land. Finally, and equally importantly, a solution in Darfur
must include a sustained and secure role for the courageous
humanitarian workers, who risk their lives daily because they are so
committed to alleviating the suffering of their fellow human beings.
I want to express my sincere gratitude to Congresswoman Barbara Lee,
who has been a leader in this Congress on the issue of Darfur, who
traveled with me to Darfur in April, and who sponsored the original
Darfur Divestment measure, H.R. 180--which I was so pleased to
cosponsor and which passed the House 418 to 1. I urge Members on both
sides of the aisle to support this important legislation.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Massachusetts (Mr. Frank) that the House suspend the
rules and pass the Senate bill, S. 2271.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. FRANK. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________