[Congressional Record (Bound Edition), Volume 153 (2007), Part 27]
[House]
[Pages 35934-35942]
[From the U.S. 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;

[[Page 35935]]

       (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.
       (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.

[[Page 35936]]



     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);
       (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. 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

[[Page 35937]]

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 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

[[Page 35938]]

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. 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 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.

[[Page 35939]]

  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).

                              {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

[[Page 35940]]

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 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

[[Page 35941]]

     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 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.
  Mr. BACHUS. Mr. Speaker, I rise in strong support of this 
legislation, and urge its immediate passage. We are voting on language 
very similar to legislation that passed the House 418-1 at the end of 
July, which supports the decision of state and local legislators 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'' of such companies. For that 
reason, the Senate version is much more acceptable to the 
Administration.
  Some have said that today's legislation is too little, too late. This 
certainly may not be the case for more than a million innocent men, 
women, and children who have somehow survived the genocide and 
slaughter. We can't rewrite history or save lives already lost in 
Darfur. However, we can and 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 have been used to both block 
and water down our Sudan capital markets legislation in the past. 
Economic and financial considerations are important, but in a loving 
nation can never be used as 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. America is 
a loving nation, and allowing our financial markets to be utilized by 
an evil regime which conducts religious and racial genocide is 
inconsistent with our values and principles.
  Mr. Speaker, this legislation will help put strong pressure on a 
government that has consistently engaged in genocidal actions, both 
directly and as an enabler of paramilitary factions that are harassing 
and killing people in the Darfur region and elsewhere in Sudan.
  It is vital to keep the pressure on the Khartoum government, both 
because of the ``bait-and-switch'' game it has been playing with the 
rest of the world 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 I wholeheartedly 
embrace, and that I have sought to achieve in legislative proposals of 
my own in previous Congresses. Passage will be a strong expression of 
Congress's outrage over the continued genocide in Darfur. I urge its 
immediate passage.
  I want to thank the staff that worked on this important effort. From 
Chairman Frank's staff, Jim Segel, Scott Morris, Daniel McGlinchey

[[Page 35942]]

and Nancy Alexander; from Representative Barbara Lee's staff, Chrisos 
Isentas; from Representative Donald Payne's staff, Noelle Lusane; from 
Representative Ileana Ros--Lehtinen's staff, Gene Gurevida and Yleen 
Poblette; from Representative Frank Wolf's staff, Molly Miller; from 
Representative Christopher Smith's staff, Sherry Rickert; and Joe 
Pinder, Kevin Edgar, and Anthony Cimino from my own staff.
  Mr. UDALL of New Mexico. Mr. Speaker, the continuing tragic situation 
in Darfur is an attack on humanity and I believe that Congress, that 
the President, that the international community, and everyone concerned 
about their fellow men and women has a responsibility to work toward 
ending this genocide.
  Local and State governments around this Nation are expressing their 
outrage over the ongoing genocide, as they should be. S. 2271 
encourages these actions by allowing these governments to divest from 
companies that continue their financial ties with Sudan. As we support 
these communities as they take a stand, it is vital that the Federal 
Government do so as well. S. 2271 provides this support by barring 
Federal contracts with companies doing business with the Sudanese 
government.
  Mr. Speaker, the United States must continue to play leadership role 
in protecting the civilians in Darfur and working towards a peaceful 
resolution to the ongoing conflict. Too many lives have already been 
lost and this situation will continue to worsen unless we fulfill our 
commitment by supporting and strengthening the international mission in 
Darfur.
  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.

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