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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 180 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                H. R. 180

_______________________________________________________________________

                                 AN ACT

 
   To require the identification of companies that conduct business 
  operations in Sudan, to prohibit United States Government contracts 
              with such companies, and for other purposes.

    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 ``Darfur Accountability and Divestment 
Act''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) In the 108th Congress, the House of Representatives 
        adopted House Concurrent Resolution 467 on July 22, 2004, by a 
        unanimous vote of 422-0, which--
                    (A) declares that the atrocities unfolding in the 
                Darfur region of Sudan are genocide;
                    (B) declares that the Government of Sudan has 
                violated the Convention on the Prevention and 
                Punishment of the Crime of Genocide;
                    (C) urges the Administration to seriously consider 
                multilateral intervention to stop genocide in Darfur 
                should the United Nations Security Council fail to act; 
                and
                    (D) calls on the Administration to impose targeted 
                sanctions, including visa bans and the freezing of 
                assets of the Sudanese National Congress and affiliated 
                business and individuals directly responsible for the 
                atrocities in Darfur.
            (2) In the 109th Congress, the House of Representatives 
        passed H.R. 3127, the Darfur Peace and Accountability Act of 
        2006, on April 5, 2006, by a vote of 416-3, which--
                    (A) appeals to the international community, 
                including the United Nations, the European Union, and 
                the North Atlantic Treaty Organization (NATO), to 
                immediately mobilize sufficient political, military, 
                and financial resources to support and expand the 
                African Union Mission in Sudan (AMIS);
                    (B) blocks assets and restricts travel of any 
                individual the President determines is responsible for 
                acts of genocide, war crimes, or crimes against 
                humanity in the Darfur region of Sudan; and
                    (C) offers United States support for the 
                International Criminal Court's efforts to prosecute 
                those responsible for acts of genocide in Darfur.
            (3) On September 9, 2004, former Secretary of State Colin 
        Powell stated before the Committee on Foreign Relations of the 
        Senate that genocide was being committed in the Darfur region 
        of Sudan and that the Government of Sudan and the government-
        supported Janjaweed militias bear responsibility for the 
        genocide.
            (4) On September 21, 2004, President George W. Bush 
        affirmed the Secretary of State's finding in an address before 
        the United Nations General Assembly, stating that the world is 
        witnessing terrible suffering and horrible crimes in the Darfur 
        region of Sudan, crimes the Government of the United States has 
        concluded are genocide.
            (5) On May 29, 2007, President George W. Bush affirmed that 
        the Government of Sudan is complicit in the bombing, murder, 
        and rape of innocent civilians in Darfur and again declared 
        that these actions rightfully constitute genocide.
            (6) Although the Government of the United States currently 
        bans United States companies from conducting business 
        operations in Sudan, millions of Americans are inadvertently 
        supporting the Government of Sudan by investing in foreign 
        companies that conduct business operations in Sudan that 
        disproportionately benefit the Sudanese regime in Khartoum.
            (7) Several States and governmental entities, through 
        legislation and other means, have expressed their desire, or 
        are considering measures--
                    (A) to divest any equity in, or to refuse to 
                provide debt capital to, certain companies that operate 
                in Sudan;
                    (B) to disassociate themselves and the 
                beneficiaries of their public pension and endowment 
                funds from directly or indirectly supporting the Darfur 
                genocide; and
                    (C) to prohibit themselves from entering into or 
                renewing contracts for the procurement of goods or 
                services with certain companies that have a direct 
                investment in, or conduct business operations in, 
                Sudan.
            (8) California, Colorado, Florida, Hawaii, Indiana, 
        Illinois, Iowa, Kansas, Maine, Minnesota, New Jersey, New York, 
        Oregon, Rhode Island, Texas and Vermont have passed legislation 
        to divest State funds from companies that conduct business 
        operations in Sudan. Massachusetts, Michigan, North Carolina, 
        Ohio, Pennsylvania, South Carolina, and Wisconsin are 
        considering legislation to divest State funds from companies 
        that conduct business operations in Sudan. Arkansas, 
        Connecticut, Maryland, and Ohio have passed non-binding 
        divestment legislation with respect to Sudan.
            (9) Denver, Colorado, Los Angeles, California, Miami Beach, 
        Florida, New Haven, Connecticut, Newton, Massachusetts, 
        Philadelphia, Pennsylvania, Pittsburgh, Pennsylvania, 
        Providence, Rhode Island, and San Francisco, California have 
        passed legislation mandating divestment of city funds from 
        companies that conduct business operations in Sudan.
            (10) American University, Amherst College, Andover Newton 
        Theological School, Boston University, Bowdoin College, 
        Brandeis University, Brown University, Colby College, Columbia 
        University, Connecticut College, Cornell University, Dartmouth 
        College, Drew University, Duke University, Emory University, 
        Hampton University, Harvard University, Hendrix College, Howard 
        University, Lee University, Massachusetts Institute of 
        Technology, Middlebury College, Nazareth College, Northwestern 
        University, Oberlin College, Queen's University, 
        Reconstructionist Rabbinical College, Regis University, Samford 
        University, Seton Hall, Smith College, Stanford University, 
        Swarthmore College, Trinity College, University of California, 
        University of Colorado, University of Connecticut, University 
        of Denver, University of Illinois, University of Maryland, 
        University of Massachusetts, University of Minnesota, 
        University of Pennsylvania, University of Rochester, University 
        of Southern California, University of Vermont, University of 
        Virginia, University of Washington, University of Wisconsin 
        System, Vassar College, Wellesley College, Wheaton College, 
        Williams College, and Yale University have divested their funds 
        from or placed restrictions on investment of their funds in 
        certain companies that conduct business operations in Sudan.
            (11) Divestment has proven effective in similar situations, 
        as in 1986, when State pension funds and university endowments 
        were divested from companies that conducted business operations 
        in South Africa, which was critical to ending apartheid in that 
        country, and by 1994, when the first free elections in South 
        Africa took place, a substantial number of States, counties, 
        cities, universities, and colleges in the United States had 
        adopted partial or total divestment policies.
            (12) Economic pressure against the Government of Sudan has 
        been effective in pushing Sudan to cooperate with the United 
        States on counterterrorism efforts and in part in agreeing to 
        negotiations with the Sudan People's Liberation Army of South 
        Sudan which resulted in the Comprehensive Peace Agreement of 
        2005.
            (13) Congress acknowledges that divestment should be used 
        sparingly and under extraordinary circumstances. This Act is 
        based on unique circumstances, specifically, the reprehensible 
        and abhorrent genocide occurring in Sudan.
            (14) The business operations of companies in countries that 
        perpetrate grave abuses of human rights, especially the 
        uniquely monstrous crime of genocide, are of concern to many 
        United States investors and citizens even when these operations 
        represent a small fraction of a company's total business.
            (15) State and city pension funds have routinely but 
        unsuccessfully sought to acquire and utilize data from the 
        Federal Government on companies for investment decisions.
            (16) There is an increasing interest by States, local 
        governments, educational institutions, and private institutions 
        to seek to disassociate themselves from companies that support 
        the Government of Sudan.
            (17) Policy makers and fund managers may find moral, 
        prudential, or reputational reasons to divest from companies 
        that accept the business risk of operating in countries that 
        are subject to international economic sanctions or that have 
        business relationships with countries, governments, or entities 
        with which any United States company would be prohibited from 
        dealing because of economic sanctions imposed by the United 
        States.
            (18) The world community has a moral obligation to work to 
        do everything possible to stop the ongoing genocidal practices 
        of the Government of Sudan in the Darfur region.

SEC. 3. TRANSPARENCY IN CAPITAL MARKETS.

    (a) List of Persons Directly Investing in or Conducting Business 
Operations in Certain Sudanese Sectors.--
            (1) Publication of list.--Not later than 6 months after the 
        date of the enactment of this Act and every 6 months 
        thereafter, the Secretary of the Treasury, in consultation with 
        the Secretary of Energy, the Secretary of State, the Securities 
        and Exchange Commission, and the heads of other appropriate 
        Federal departments and agencies, shall, using only publicly 
        available (including proprietary) information, ensure 
        publication in the Federal Register of a list of each person, 
        whether within or outside of the United States, that, as of the 
        date of the publication, has a direct investment in, or is 
        conducting, business operations in Sudan's power production, 
        mineral extraction, oil-related, or military equipment 
        industries, subject to paragraph (2). To the extent 
        practicable, the list shall include a description of the 
        investment made by each such person, including the dollar 
        value, intended purpose, and status of the investment, as of 
        the date of the publication.
            (2) Exceptions.--The Secretary of the Treasury shall 
        exclude a person from the list if all of the business 
        operations by reason of which the person would otherwise be 
        included on the list--
                    (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;
                    (F) are conducted by a person that has also 
                undertaken significant humanitarian efforts as 
                described in section 10(14)(B);
                    (G) have been voluntarily suspended; or
                    (H) will cease within 1 year after the adoption of 
                a formal plan to cease the operations, as determined by 
                the Secretary.
            (3) Consideration of scrutinized business operations.--The 
        Secretary of the Treasury should give serious consideration to 
        including on the list any company that has a scrutinized 
        business operation with respect to Sudan (within the meaning of 
        section 10(4)).
            (4) Prior notice to persons.--The Secretary of the Treasury 
        shall, at least 30 days before the list is published under 
        paragraph (1), notify each person that the Secretary intends to 
        include on the list.
            (5) Delay in including persons on the list.--After 
        notifying a person under paragraph (4), the Secretary of the 
        Treasury may delay including that person on the list for up to 
        60 days if the Secretary determines and certifies to the 
        Congress that the person has taken specific and effective 
        actions to terminate the involvement of the person in the 
        activities that resulted in the notification under paragraph 
        (4).
            (6) Removal of persons from the list.--The Secretary of the 
        Treasury may remove a person from the list before the next 
        publication of the list under paragraph (1) if the Secretary 
        determines that the person no longer has a direct investment in 
        or is no longer conducting business operations as described in 
        paragraph (1).
            (7) Advance notice to congress.--Not later than 30 days 
        (or, in the case of the first such list, 60 days) before the 
        date by which paragraph (1) requires the list to be published, 
        the Secretary of the Treasury shall submit to the Committees on 
        Financial Services, on Education and Labor, and on Oversight 
        and Government Reform of the House of Representatives and the 
        Committees on Banking, Housing, and Urban Affairs, on Health, 
        Education, Labor, and Pensions, and on Homeland Security and 
        Governmental Affairs of the Senate a copy of the list which the 
        Secretary intends to publish under paragraph (1).
    (b) Publication on Website.--The Secretary of the Treasury shall 
ensure that the list is published on an appropriate, publicly 
accessible government website, updating the list as necessary to take 
into account any person removed from the list under subsection (a)(6).
    (c) Definition.--In this section, the term ``investment'' has the 
meaning given in section 4(b)(3).

SEC. 4. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM CERTAIN 
              COMPANIES DIRECTLY INVESTED IN CERTAIN SUDANESE SECTORS.

    (a) Statement of Policy.--It is the policy of the United States to 
support the decision of any State or local government to divest from, 
and to prohibit the investment of assets controlled by the State or 
local government in, persons on--
            (1) the list most recently published under section 3(a)(1), 
        as modified under section 3(a)(6); or
            (2) any list developed by the State or local government for 
        the purpose of divestment from certain persons described in 
        subsection (b)(1)(B) of this section.
    (b) Authority to Divest.--
            (1) In general.--Notwithstanding any other provision of 
        law, a State or local government may adopt and enforce measures 
        to divest the assets of the State or local government from, or 
        prohibit investment of the assets of the State or local 
        government in--
                    (A) persons that are included on the list most 
                recently published under section 3(a)(1) of this Act, 
                as modified under section 3(a)(6) of this Act; or
                    (B) persons having a direct investment in, or 
                carrying on a trade or business (within the meaning of 
                section 162 of the Internal Revenue Code of 1986) in 
                Sudan or with the Government of Sudan, if the measures 
                require the State or local government, as the case may 
                be, to the maximum extent practicable, to--
                            (i) provide written notice to each person 
                        to whom the measures are to be applied; and
                            (ii) not apply the measures to a person--
                                    (I) before the end of the 90-day 
                                period beginning with the date written 
                                notice is provided to the person 
                                pursuant to clause (i); or
                                    (II) if the person demonstrates to 
                                the State or local government, as the 
                                case may be, that the person is no 
                                longer involved in the activities by 
                                reason of which the measures would 
                                otherwise be applied to the person.
            (2) Applicability.--This subsection applies to measures 
        adopted by a State or local government before, on, or after the 
        date of the enactment of this Act.
            (3) Definitions.--In this subsection:
                    (A) Investment.--The ``investment'' of assets 
                includes--
                            (i) a commitment or contribution of assets; 
                        and
                            (ii) a loan or other extension of credit of 
                        assets.
                    (B) Assets.--The term ``assets'' refers to public 
                monies and includes any pension, retirement, annuity, 
                or endowment fund, or similar instrument, that is 
                controlled, directly or indirectly, by a State or local 
                government.
    (c) Preemption.--A measure of a State or local government that is 
authorized by subsection (b) is not preempted by any Federal law or 
regulation.

SEC. 5. SENSE OF THE CONGRESS.

    It is the sense of the Congress that a divestment measure 
authorized under section 4 or a measure authorized under section 9 to 
prohibit State or local contracts would not violate the United States 
Constitution because such a measure--
            (1) is not pre-empted under the Supremacy Clause;
            (2) is authorized by the Congress as an appropriate measure 
        with regard to interstate or foreign commerce; and
            (3) is authorized by the Congress as a measure that 
        promotes the foreign policy of the United States.

SEC. 6. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET 
              MANAGERS.

    Section 13 of the Investment Company Act of 1940 (15 U.S.C. 80a-13) 
is amended by adding at the end the following new subsection:
    ``(c) Safe Harbor for Changes in Investment Policies.--
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 person providing services to such 
registered investment company (including its investment adviser), or 
any employee, officer, or director thereof, based solely upon the 
investment company divesting from, or avoiding investing in, securities 
issued by companies that are included on the list most recently 
published under section 3(a)(1) of the Darfur Accountability and 
Divestment Act, as modified under section 3(a)(6) of that Act. For 
purposes of this subsection the term `person' shall include the Federal 
government, and any State or political subdivision of a State.''.

SEC. 7. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY EMPLOYEE 
              BENEFIT PLANS.

    Section 404 of the Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1104) is amended by adding at the end the following new 
subsection:
    ``(n) No person shall be treated as breaching any of the 
responsibilities, obligations, or duties imposed upon fiduciaries by 
this title for divesting plan assets from, or avoiding investing plan 
assets in, persons that are included on the list most recently 
published under section 3(a)(1) of the Darfur Accountability and 
Divestment Act, as modified under section 3(a)(6) of such Act. Any 
divestiture of plan assets from, or avoidance of investing plan assets 
in, persons that are included on such list shall be treated as in 
accordance with this title and the documents and instruments governing 
the plan.''.

SEC. 8. PROHIBITION ON UNITED STATES GOVERNMENT CONTRACTS.

    (a) Prohibition.--Notwithstanding any other provision of law, the 
Government of the United States shall not enter into or renew a 
contract for the procurement of goods or services with persons that are 
included on the list most recently published under section 3(a)(1), as 
modified under section 3(a)(6).
    (b) Waiver Authority.--The President may waive the prohibition in 
subsection (a) on a case-by-case basis if the President determines and 
certifies in writing to the Congress that it is important to the 
national security interests of the United States to do so.

SEC. 9. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO PROHIBIT CONTRACTS.

    (a) Statement of Policy.--It is the policy of the United States to 
support the decision of any State or local government to prohibit the 
State or local government, as the case may be, from entering into or 
renewing a contract as described in subsection (b).
    (b) Authority to Prohibit Contracts.--Notwithstanding any other 
provision of law, a State or local government may adopt and enforce 
measures to prohibit the State or local government, as the case may be, 
from entering into or renewing a contract for the procurement of goods 
or services with persons that are included on the list most recently 
published under section 3(a)(1), as modified under section 3(a)(6).

SEC. 10. DEFINITIONS.

    For purposes of this Act:
            (1) Person.--The term ``person'', except in paragraph (6), 
        means--
                    (A) a natural person as well as a 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); and
                    (C) any successor, subunit, or subsidiary of any 
                entity described in subparagraph (A) or (B).
            (2) State.--The term ``State'' includes 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.
            (3) State or local government.--
                    (A) In general.--The term ``State or local 
                government'' includes--
                            (i) any State and any agency or 
                        instrumentality thereof;
                            (ii) any local government within a State, 
                        and any agency or instrumentality thereof;
                            (iii) any other governmental 
                        instrumentality; and
                            (iv) any public institution of higher 
                        education.
                    (B) Public institution of higher education.--The 
                term ``public institution of higher education'' means a 
                public institution of higher education within the 
                meaning of the Higher Education Act of 1965.
            (4) Scrutinized business operation.--A company has a 
        scrutinized business operation with respect to Sudan if--
                    (A)(i) the company has business operations that 
                involve contracts with or provision of supplies or 
                services to--
                            (I) the Government of Sudan;
                            (II) a company in which the Government of 
                        Sudan has any direct or indirect equity share;
                            (III) a consortium or project commissioned 
                        by the Government of Sudan; or
                            (IV) a company involved in a consortium or 
                        project commissioned by the Government of 
                        Sudan; and
                    (ii)(I)(aa) more than 10 percent of the revenues or 
                assets of the company that are linked to Sudan involve 
                oil-related activities or mineral extraction 
                activities;
                    (bb) less than 75 percent of the revenues or assets 
                of the company that are linked to Sudan involve 
                contracts with, or provision of oil-related or mineral 
                extracting products or services to the regional 
                government of southern Sudan or a project or consortium 
                created exclusively by that regional government; and
                    (cc) the company has failed to take substantial 
                action with respect to the business operations referred 
                to in clause (i) of this subparagraph or as described 
                in subparagraph (B) or (C) of paragraph (14); or
                    (II)(aa) more than 10 percent of the revenues or 
                assets of the company that are linked to Sudan involve 
                power production activities;
                    (bb) less than 75 percent of the power production 
                activities of the company include projects whose intent 
                is to provide power or electricity to the marginalized 
                populations of Sudan; and
                    (cc) the company has failed to take substantial 
                action with respect to the business operations referred 
                to in clause (i) of this subparagraph or as described 
                in subparagraph (B) or (C) of paragraph (14);
                    (B) the company supplies military equipment in 
                Sudan, unless the company clearly shows that--
                            (i) the military equipment cannot be used 
                        to facilitate offensive military actions in 
                        Sudan; or
                            (ii) the company implements rigorous and 
                        verifiable safeguards to prevent use of the 
                        equipment by forces actively participating in 
                        armed conflict, including through--
                                    (I) post-sale tracking of the 
                                equipment by the company;
                                    (II) certification from a reputable 
                                and objective third party that such 
                                equipment is not being used by a party 
                                participating in armed conflict in 
                                Sudan; or
                                    (III) sale of the equipment solely 
                                to the regional government of southern 
                                Sudan or any internationally recognized 
                                peacekeeping force or humanitarian 
                                organization; or
                    (C) the Secretary of the Treasury has determined 
                that the company has been complicit in the Darfur 
                genocide.
            (5) 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.
            (6) Company.--The term ``company'' means any natural 
        person, legal person, sole proprietorship, organization, 
        association, corporation, partnership, firm, joint venture, 
        franchisor, franchisee, financial institution, utility, public 
        franchise, trust, enterprise, limited partnership, limited 
        liability partnership, limited liability company, or other 
        business entity or association, including all wholly-owned 
        subsidiaries, majority-owned subsidiaries, parent companies, or 
        affiliates of such business entities or associations, that 
        exists for profit-making purposes.
            (7) Complicit.--The term ``complicit'' means has taken 
        actions in the preceding 20 months which have directly 
        supported or promoted the genocidal campaign in Darfur, 
        including preventing Darfur's victimized population from 
        communicating with each other, encouraging Sudanese citizens to 
        speak out against an internationally approved security force 
        for Darfur, actively working to deny, cover up, or alter 
        evidence of human rights abuses in Darfur, or other similar 
        actions.
            (8) Government of sudan.--The term ``Government of Sudan'' 
        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 does not include the regional government of southern Sudan.
            (9) Marginalized populations of sudan.--The term 
        ``marginalized populations of Sudan'' includes--
                    (A) the portion of the population in the Darfur 
                region that has been victimized;
                    (B) the portion of the population of southern Sudan 
                victimized by Sudan's North-South civil war;
                    (C) the Beja, Rashidiya, and other similarly 
                affected groups of eastern Sudan;
                    (D) the Nubian and other similarly affected groups 
                in Sudan's Abyei, Southern Blue Nile, and Nuba Mountain 
                regions; and
                    (E) the Amri, Hamadab, Manasir, and other similarly 
                affected groups of northern Sudan.
            (10) 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.
            (11) Mineral extraction activities.--The term ``mineral 
        extraction activities'' includes--
                    (A) 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, and
                    (B) facilitating any activity described in 
                subparagraph (A), including by providing supplies or 
                services in support of the activity.
            (12) Oil-related activities.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``oil-related activities'' includes--
                            (i) exporting, extracting, producing, 
                        refining, processing, exploring for, 
                        transporting, selling, or trading oil;
                            (ii) constructing, maintaining, or 
                        operating a pipeline, refinery, or other 
                        oilfield infrastructure; and
                            (iii) facilitating any activity described 
                        in clause (i) or (ii), including by providing 
                        supplies or services in support of the 
                        activity.
                    (B) Special rules.--
                            (i) A company that 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) 
                        shall not be considered to be involved in an 
                        oil-related activity.
                            (ii) A company that is involved in leasing, 
                        or that owns, rights to an oil block in Sudan 
                        but is not involved in any other activity 
                        described in subparagraph (A) shall not be 
                        considered to be involved in an oil-related 
                        activity.
            (13) Power production activities.--The term ``power 
        production activities'' means--
                    (A) any business operation that involves a project 
                commissioned by the National Electricity Corporation of 
                Sudan or other similar Government of Sudan entity whose 
                purpose is to facilitate power generation and delivery, 
                including establishing power-generating plants or 
                hydroelectric dams, selling or installing components 
                for the project, providing service contracts related to 
                the installation or maintenance of the project; and
                    (B) facilitating an activity described in 
                subparagraph (A), including by providing supplies or 
                services in support of the activity.
            (14) Substantial action.--The term ``substantial action'' 
        means--
                    (A) adopting, publicizing, and implementing a 
                formal plan to cease scrutinized business operations 
                within 1 year after the date of the enactment of this 
                Act, and refraining from any new scrutinized business 
                operations;
                    (B) undertaking significant humanitarian efforts--
                            (i) in conjunction with an international 
                        development or humanitarian organization, the 
                        regional government of southern Sudan, or a 
                        non-profit entity;
                            (ii) substantial in relationship to the 
                        size and scope of the business operations with 
                        respect to Sudan;
                            (iii) of benefit to 1 or more marginalized 
                        populations of Sudan; and
                            (iv) evaluated and certified by an 
                        independent third party to meet the 
                        requirements of clauses (i) through (iii); or
                    (C) materially improving conditions for the 
                victimized population in Darfur.

SEC. 11. SENSE OF THE CONGRESS.

    It is the sense of the 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, the persons.

SEC. 12. SUNSET.

    This Act shall terminate 30 days after the date on which--
            (1) the President has certified to Congress that--
                    (A) the Darfur genocide has been halted for at 
                least 12 months; and
                    (B) the Government of Sudan has honored its 
                commitments to--
                            (i) abide by United Nations Security 
                        Council Resolution 1706;
                            (ii) cease attacks on civilians;
                            (iii) demobilize and demilitarize the 
                        Janjaweed and associated militias;
                            (iv) grant free and unfettered access for 
                        delivery of humanitarian assistance; and
                            (v) allow for the safe and voluntary return 
                        of refugees and internally displaced persons; 
                        and
            (2) the United States has revoked all sanctions against the 
        Government of Sudan and the officials of such government, 
        including sanctions authorized by--
                    (A) the Sudan Peace Act (Public Law 107-245);
                    (B) the Comprehensive Peace in Sudan Act of 2004 
                (Public Law 108-497);
                    (C) the USA PATRIOT Improvement and Reauthorization 
                Act of 2005 (Public Law 109-177);
                    (D) the Darfur Peace and Accountability Act of 2006 
                (Public Law 109-344); and
                    (E) any other Federal law or Executive order.

            Passed the House of Representatives July 31, 2007.

            Attest:

                                                                 Clerk.
110th CONGRESS

  1st Session

                               H. R. 180

_______________________________________________________________________

                                 AN ACT

   To require the identification of companies that conduct business 
  operations in Sudan, to prohibit United States Government contracts 
              with such companies, and for other purposes.
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