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 di-
vestment policies. 
(11) The only type of pressure shown to be ef-
fective against Sudan is economic pressure against 
the Government of Sudan, such as the imposition of 
sanctions and divestment. Sudan has cooperated 
with the United States on counterterrorism efforts 
due to United States sanctions imposed on Sudan in 
1997 and Sudan agreed to negotiations with the 
Sudan People’s Liberation Army of South Sudan 
that resulted in the Comprehensive Peace Agreement 
of 2005 due in part to a successful divestment cam-
paign against Talisman Energy, Incorporated of 
Canada. 
(12) Congress acknowledges that divestment 
should be used sparingly and under extraordinary 
circumstances. This Act is based on unique cir-
cumstances, specifically, the reprehensible and ab-
horrent genocide occurring in Sudan. 
(13) The business operations of companies in 
countries that perpetrate grave abuses of human 
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rights, especially the uniquely monstrous crime of 
genocide, are of material financial concern to United 
States investors even when these operations rep-
resent a small fraction of a company’s total busi-
ness. 
(14) State and city pension funds have rou-
tinely but unsuccessfully sought to acquire and uti-
lize data from the Federal Government on compa-
nies for investment decisions. 
(15) The deteriorating security situation in the 
Darfur region of Sudan indicates that the people of 
Darfur cannot wait long for security to be reestab-
lished. 
SEC. 3. STATEMENT OF POLICY. 
Congress recognizes and supports— 
(1) States and cities that have divested or are 
in the process of divesting State and city funds from 
companies that conduct business operations in 
Sudan; and 
(2) United States colleges and universities that 
have divested their funds from, or placed restrictions 
on investments of their funds in, companies that 
conduct business operations in Sudan. 
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SEC. 4. IDENTIFICATION OF COMPANIES CONDUCTING 
BUSINESS OPERATIONS IN SUDAN. 
(a) IDENTIFICATION.—The Securities and Exchange 
Commission, acting through the Division of Corporation 
Finance, shall require all companies trading in securities 
that are registered under section 12 of the Securities Ex-
change Act of 1934 (15 U.S.C. 78l) which, either directly 
or through a parent or subsidiary company, including 
partly-owned subsidiaries, conduct business operations in 
Sudan to disclose the nature of their business operations 
in Sudan, including— 
(1) the existence and nature of business rela-
tionships and investments with national, regional, 
and local governments; 
(2) business activities with government or gov-
ernment-controlled entities; 
(3) business operations relating to the sale of 
military equipment or inherently ‘‘dual-use’’ tech-
nology, such as civilian radar systems; 
(4) business operations relating to natural re-
source extraction, including oil-related activities and 
mining of minerals; and 
(5) safeguards to ensure business operations do 
not become indirectly involved in the terrorist-spon-
soring or genocidal policies of the Government of 
Sudan. 
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(b) INVESTIGATION
BY GOVERNMENT ACCOUNT-
ABILITY OFFICE.—The Comptroller General of the Gov-
ernment Accountability Office shall investigate the exist-
ence and extent of all Federal Retirement Thrift Invest-
ment Board investments in companies identified pursuant 
to subsection (a). 
(c) REPORTS.— 
(1) SEC REPORT.—Not later than 90 days 
after the date of the enactment of this Act, and an-
nually thereafter, the Securities and Exchange Com-
mission shall prepare and submit to Congress a re-
port that contains the names of the companies and 
a description of their business operations identified 
under subsection (a). 
(2) GAO REPORT.—Not later than 180 days 
after the date of the enactment of this Act, and an-
nually thereafter, the Comptroller General of the 
Government Accountability Office shall prepare and 
submit to Congress a report that contains the names 
of the companies and a description of the amount of 
Federal Retirement Thrift Investment Board invest-
ments in such companies identified under subsection 
(b). 
(d) PUBLICATION ON WEBSITES.— 
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(1) SEC WEBSITE.—The Securities and Ex-
change Commission shall maintain a list of the 
names of the companies identified under subsection 
(a) on the website of the Securities and Exchange 
Commission. 
(2) GAO WEBSITE.—The Comptroller General 
of the Government Accountability Office shall main-
tain a list of the names of the companies identified 
under subsection (b) on the website of the Govern-
ment Accountability Office. 
SEC. 5. PROHIBITION ON UNITED STATES GOVERNMENT 
CONTRACTS. 
(a) PROHIBITION.—Notwithstanding any other provi-
sion of law, the Government of the United States shall 
not enter into or renew a contract for the procurement 
of goods or services with any company identified under 
section 4(a). 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply with respect to a company identified under 
section 4(a) whose business operations in Sudan are lim-
ited to activities or transactions relating to— 
(1) southern Sudan, southern Kordofan/Nuba 
Mountains State, Blue Nile State, or Abyei; 
(2) the implementation of the Darfur Peace 
Agreement of May 5, 2006; 
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(3) the provision of military equipment to be 
used by nongovernmental organizations in the 
Darfur region of Sudan, the African Union Mission 
in Sudan (AMIS), or the United Nations; or 
(4) the provision of humanitarian assistance 
that is of immediate and substantial benefit to— 
(A) the majority of people of the Darfur 
region of Sudan; or 
(B) the majority of people of eastern 
Sudan, including the Red Sea, Kassala, and 
Gedaref States. 
(c) WAIVER.—The President may waive the prohibi-
tion in subsection (a) on a case-by-case basis if the Presi-
dent determines and certifies in writing to Congress that 
it is important to the national security interests of the 
United States to do so. 
SEC. 6. RULE OF CONSTRUCTION. 
Nothing in this Act or any other provision of law shall 
be construed to preempt any State law that prohibits in-
vestment of State funds, including State pension funds, 
in or relating to Sudan. 
SEC. 7. DEFINITIONS. 
In this Act: 
(1) BUSINESS OPERATIONS.—The term ‘‘busi-
ness operations’’ means maintaining, selling, or leas-
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ing equipment, facilities, personnel, or any other ap-
paratus of business or commerce, including the own-
ership or possession of real or personal property. 
(2) COMPANY.—The term ‘‘company’’— 
(A) means a sole proprietorship, organiza-
tion, association, corporation, partnership, ven-
ture, or other entity, its subsidiary or affiliate 
that exists for profit-making purposes or to oth-
erwise secure economic advantage; and 
(B) includes a company owned or con-
trolled, either directly or indirectly, by the gov-
ernment of a foreign country, that is estab-
lished or organized under the laws of, or has its 
principal place of business in, such foreign 
country. 
(3) GOVERNMENT OF SUDAN.—The term ‘‘Gov-
ernment of Sudan’’ means the Government of Sudan 
located in Khartoum or its instrumentalities. 
(4) INVESTMENT.—The term ‘‘investment’’ 
means the purchase, ownership, or control of stock 
of a company, association, or corporation, the capital 
stock of a mutual water company or corporation, 
bonds issued by the government or a political sub-
division of a foreign country, corporate bonds or 
other debt instruments issued by a company, or the 
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commitment of funds or other assets to a company, 
including a loan or extension of credit to that com-
pany. 
(5) MILITARY
EQUIPMENT.—The term ‘‘mili-
tary equipment’’ means weapons, arms, or military 
defense supplies. 
(6) OIL-RELATED ACTIVITIES.—The term ‘‘oil- 
related activities’’ includes the export of oil, extract-
ing or producing oil, exploration for oil, or the con-
struction or maintenance of a pipeline, refinery, or 
other oil field infrastructure. 
(7) SUDAN.—The term ‘‘Sudan’’ means the Re-
public of Sudan, a territory under the administra-
tion or control of the Government of Sudan, includ-
ing the Darfur region, or an individual, company, or 
public agency located in Khartoum, northern Sudan, 
or the Nile River Valley that supports the Republic 
of the Sudan. 
Æ 
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