Sudan Accountability and Divestment Act of 2007

Bill: 110-s-2271
Sponsor: Sen. Dodd, Christopher J. [D-CT]
Introduced: 2007-10-31 in the Senate
Policy area: Foreign Trade and International Finance
Subjects: Administrative procedure
Africa (Sub-Saharan)
American investments
Arab countries
Arabs
Armed Forces and National Security
Civil Rights and Liberties, Minority Issues
Commerce
Congress
Congress and foreign policy
Congressional reporting requirements
Defense industries
Displaced persons
Economics and Public Finance
Electric power production
Energy
Energy industries
Ethnic relations
Europe
European Union
Fraud
Genocide
Government Operations and Politics
Government contractors
Government lending
Government paperwork
Government procurement
Human rights
Hydroelectric power
Immigration
Independent regulatory commissions
Information disclosure (Securities law)
International Affairs
International cooperation
International military forces
International relief
Investments
Labor and Employment
Law
Mines and mineral resources
Mutual funds
Peace
Peacekeeping forces
Pension funds
Petroleum
Petroleum industry
Public Lands and Natural Resources
Refugees
Regionalism (International organization)
Sanctions (International law)
Securities and Exchange Commission
State finance
Sudan
Trusts and trustees
United Nations

Summary:
action_date: 2007-10-31
text: 
Sudan Accountability and Divestment Act of 2007 - Authorizes state and local governments to divest from certain companies directly invested in specified Sudanese sectors.
 
Amends the Investment Company Act of 1940 to provide a safe harbor from civil, criminal, or administrative actions against investment companies or their employees, officers, or directors for investment policy changes respecting Sudan.
 
Prohibits U.S. government contracts for business operations in Sudan.

action_date: 2007-10-31
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Sudan Accountability and Divestment Act of 2007 - (Sec. 2) Defines specified terms.

(Sec. 3) Expresses the sense of Congress that the U.S. government should support a state or local government decision to divest from or prohibit the investment of state or local assets in a person determined to pose a financial or reputational risk. 

Authorizes a state or local government to divest state or local assets or prohibit investment of state or local assets in persons that are conducting or have direct investments in business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment. 

Excludes from such business operations those operations that: (1) are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) are conducted under a license from the Office of Foreign Assets Control or are exempted under federal law from such license requirement; (3) provide goods or services to marginalized populations of Sudan; (4) provide goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) provide goods or services to promote health or education; (6) are conducted by a person that has also undertaken significant humanitarian efforts; or (7) have been voluntarily suspended.

Requires that a state or local government notify the Department of Justice respecting a divestiture decision.

States that a state or local divestiture action under this Act is not preempted by any federal law or regulation.

(Sec. 4) Amends the Investment Company Act of 1940 to prohibit a person (including the federal government or a state or local government) from bringing a civil, criminal, or administrative action against any registered investment company, or any employee, officer, director, or investment adviser of such company, based solely upon the investment company divesting from or avoiding investing in securities issued by persons that conduct or have investments in certain business operations in Sudan. 

States that such prohibition shall not apply to: (1) actions for breaches of fiduciary duties; and (2) a registered investment company, or any employee, officer, director, or investment adviser of such company unless the company makes disclosures in accordance Securities and Exchange Commission (SEC) regulations required by this Act.

(Sec. 5) Expresses the sense of Congress that a fiduciary of an employee benefit plan (as defined by the Employee Retirement Income Security Act of 1974 (ERISA)) may divest plan assets from or avoid investing plan assets in any person conducting certain business operations in Sudan. 

(Sec. 6) Requires that companies seeking U.S. government contracts certify that they are not conducting certain business operations in Sudan. Sets forth the following federal remedies for a false certification: (1) terminating the contract; (2) suspending a contractor's eligibility for future contractors; and (3) debarring a company from government contracts for up to three years. Authorizes the President to waive such requirement if in the national interest.

(Sec. 7) Expresses the sense of Congress that other countries should adopt measures similar to those contained in this Act. 

(Sec. 8) Expresses the sense of Congress that the President should: (1) work with the international community to facilitate the deployment of a peacekeeping force to Sudan; and (2) call for a vote on a U.N. Security Council resolution imposing multilateral sanctions on Sudan in response to the ongoing genocide in Darfur. 

(Sec. 9) Expresses the sense of Congress that this Act does not conflict with current U.S. international obligations, or article VI, clause 2 (supremacy clause) of the Constitution. 

(Sec. 10) Directs the Secretaries of State and the Treasury report on the efficacy of current sanctions on Sudan. 

(Sec. 11) Amends the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 to repeal a requirement for a report by the Secretary of the Treasury on companies which either directly or through a parent or subsidiary company are known to conduct significant business operations in Sudan relating to natural resource extraction.

(Sec. 12) Terminates sections 3, 4, 5, 6, and 10 of this Act 30 days after the President certifies to Congress that Sudan has honored its commitments to: (1) abide by Security Council Resolution 1769; (2) cease attacks on civilians; (3) demobilize and demilitarize the Janjaweed and associated militias; (4) grant free access for delivery of humanitarian assistance; and (5) allow for the safe and voluntary return of refugees and internally displaced persons.

action_date: 2007-12-12
text: 
Sudan Accountability and Divestment Act of 2007 - (Sec. 2) Defines specified terms.
 
(Sec. 3) Expresses the sense of Congress that the U.S. government should support a state or local government decision to divest from or prohibit the investment of state or local assets in a person determined to pose a financial or reputational risk. 
 
Authorizes a state or local government to divest state or local assets or prohibit investment of state or local assets in persons that are conducting or have direct investments in business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment. 
 
Expresses the sense of Congress that a state or local government should not adopt any such measure without verification that the person conducts or has direct investments in such business operations.
 
Excludes from such business operations those operations that: (1) are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) are conducted under a license from the Office of Foreign Assets Control or are exempted under federal law from such license requirement; (3) provide goods or services to marginalized populations of Sudan; (4) provide goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) provide goods or services to promote health or education; or (6) have been voluntarily suspended.
 
Requires that a state or local government notify the Department of Justice respecting a divestiture decision.
 
States that a state or local divestiture action under this Act is not preempted by any federal law or regulation.
 
(Sec. 4) Amends the Investment Company Act of 1940 to prohibit a person (including the federal government or a state or local government) from bringing a civil, criminal, or administrative action against any registered investment company, or any employee, officer, director, or investment adviser of such company, based solely upon the investment company divesting from or avoiding investing in securities issued by persons that conduct or have investments in certain business operations in Sudan. 
 
States that such prohibition shall not apply to: (1) actions for breaches of fiduciary duties; and (2) a registered investment company, or any employee, officer, director, or investment adviser of such company unless the company makes disclosures in accordance Securities and Exchange Commission (SEC) regulations required by this Act.
 
(Sec. 5) Expresses the sense of Congress that a fiduciary of an employee benefit plan (as defined by the Employee Retirement Income Security Act of 1974 (ERISA)) may divest plan assets from or avoid investing plan assets in any person conducting certain business operations in Sudan. 
 
(Sec. 6) Requires that companies seeking U.S. government contracts certify that they are not conducting certain business operations in Sudan. Sets forth the following federal remedies for a false certification: (1) terminating the contract; (2) suspending a contractor's eligibility for future contractors; and (3) debarring a company from government contracts for up to three years. Authorizes the President to waive such requirement if in the national interest.
 
(Sec. 7) Expresses the sense of Congress that other countries should adopt measures similar to those contained in this Act. 
 
(Sec. 8) Expresses the sense of Congress that the President should: (1) work with the international community to facilitate the deployment of a peacekeeping force to Sudan; and (2) call for a vote on a U.N. Security Council resolution imposing multilateral sanctions on Sudan in response to the ongoing genocide in Darfur. 
 
(Sec. 9) Expresses the sense of Congress that this Act does not conflict with current U.S. international obligations, or article VI, clause 2 (supremacy clause) of the Constitution. 
 
(Sec. 10) Directs the Secretaries of State and the Treasury report on the efficacy of current sanctions on Sudan. 
 
(Sec. 11) Amends the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 to repeal a specified reporting requirement by the Secretary of the Treasury.
 
(Sec. 12) Terminates sections 3, 4, 5, 6, and 10 of this Act 30 days after the President certifies to Congress that Sudan has honored its commitments to: (1) abide by Security Council Resolution 1769; (2) cease attacks on civilians; (3) demobilize and demilitarize the Janjaweed and associated militias; (4) grant free access for delivery of humanitarian assistance; and (5) allow for the safe and voluntary return of refugees and internally displaced persons.

action_date: 2007-12-31
text: 

(This measure has not been amended since it was passed by the Senate on December 12, 2007. The summary of that version is repeated here.)

 
Sudan Accountability and Divestment Act of 2007 - (Sec. 2) Defines specified terms.
 
(Sec. 3) Expresses the sense of Congress that the U.S. government should support a state or local government decision to divest from or prohibit the investment of state or local assets in a person determined to pose a financial or reputational risk. 
 
Authorizes a state or local government to divest state or local assets or prohibit investment of state or local assets in persons that are conducting or have direct investments in business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment. 
 
Expresses the sense of Congress that a state or local government should not adopt any such measure without verification that the person conducts or has direct investments in such business operations.
 
Excludes from such business operations those operations that: (1) are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) are conducted under a license from the Office of Foreign Assets Control or are exempted under federal law from such license requirement; (3) provide goods or services to marginalized populations of Sudan; (4) provide goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) provide goods or services to promote health or education; (6) are conducted by a person that has also undertaken significant humanitarian efforts; or (7) have been voluntarily suspended.
 
Requires that a state or local government notify the Department of Justice respecting a divestiture decision.
 
States that a state or local divestiture action under this Act is not preempted by any federal law or regulation.
 
(Sec. 4) Amends the Investment Company Act of 1940 to prohibit a person (including the federal government or a state or local government) from bringing a civil, criminal, or administrative action against any registered investment company, or any employee, officer, director, or investment adviser of such company, based solely upon the investment company divesting from or avoiding investing in securities issued by persons that conduct or have investments in certain business operations in Sudan. 
 
States that such prohibition shall not apply to: (1) actions for breaches of fiduciary duties; and (2) a registered investment company, or any employee, officer, director, or investment adviser of such company unless the company makes disclosures in accordance Securities and Exchange Commission (SEC) regulations required by this Act.
 
(Sec. 5) Expresses the sense of Congress that a fiduciary of an employee benefit plan (as defined by the Employee Retirement Income Security Act of 1974 (ERISA)) may divest plan assets from or avoid investing plan assets in any person conducting certain business operations in Sudan. 
 
(Sec. 6) Requires that companies seeking U.S. government contracts certify that they are not conducting certain business operations in Sudan. Sets forth the following federal remedies for a false certification: (1) terminating the contract; (2) suspending a contractor's eligibility for future contractors; and (3) debarring a company from government contracts for up to three years. Authorizes the President to waive such requirement if in the national interest.
 
(Sec. 7) Expresses the sense of Congress that other countries should adopt measures similar to those contained in this Act. 
 
(Sec. 8) Expresses the sense of Congress that the President should: (1) work with the international community to facilitate the deployment of a peacekeeping force to Sudan; and (2) call for a vote on a U.N. Security Council resolution imposing multilateral sanctions on Sudan in response to the ongoing genocide in Darfur. 
 
(Sec. 9) Expresses the sense of Congress that this Act does not conflict with current U.S. international obligations, or article VI, clause 2 (supremacy clause) of the Constitution. 
 
(Sec. 10) Directs the Secretaries of State and the Treasury report on the efficacy of current sanctions on Sudan. 
 
(Sec. 11) Amends the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 to repeal a specified reporting requirement by the Secretary of the Treasury.
 
(Sec. 12) Terminates sections 3, 4, 5, 6, and 10 of this Act 30 days after the President certifies to Congress that Sudan has honored its commitments to: (1) abide by Security Council Resolution 1769; (2) cease attacks on civilians; (3) demobilize and demilitarize the Janjaweed and associated militias; (4) grant free access for delivery of humanitarian assistance; and (5) allow for the safe and voluntary return of refugees and internally displaced persons.


Legislative actions:
action_date: 2007-12-31
text: Became Public Law No: 110-174.
action_date: 2007-12-31
text: Became Public Law No: 110-174.
action_date: 2007-12-31
text: Signed by President.
action_date: 2007-12-31
text: Signed by President.
action_date: 2007-12-21
text: Presented to President.
action_date: 2007-12-21
text: Presented to President.
action_date: 2007-12-18
text: Cleared for White House.
action_date: 2007-12-18
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2007-12-18
text: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 411 - 0 (Roll no. 1179). (text: CR H16753-16755)
action_date: 2007-12-18
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 411 - 0 (Roll no. 1179).(text: CR H16753-16755)
action_date: 2007-12-18
text: Considered as unfinished business. (consideration: CR H16767-16768)
action_date: 2007-12-18
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2007-12-18
text: DEBATE - The House proceeded with forty minutes of debate on S. 2271.
action_date: 2007-12-18
text: Considered under suspension of the rules. (consideration: CR H16753-16760)
action_date: 2007-12-18
text: Mr. Frank (MA) moved to suspend the rules and pass the bill.
action_date: 2007-12-13
text: Referred to the Committee on Financial Services, and in addition to the Committees on Oversight and Government Reform, Foreign Affairs, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-12-13
text: Referred to the Committee on Financial Services, and in addition to the Committees on Oversight and Government Reform, Foreign Affairs, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-12-13
text: Referred to the Committee on Financial Services, and in addition to the Committees on Oversight and Government Reform, Foreign Affairs, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-12-13
text: Referred to the Committee on Financial Services, and in addition to the Committees on Oversight and Government Reform, Foreign Affairs, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-12-13
text: Referred to the Committee on Financial Services, and in addition to the Committees on Oversight and Government Reform, Foreign Affairs, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-12-13
text: Message on Senate action sent to the House.
action_date: 2007-12-13
text: Received in the House.
action_date: 2007-12-12
text: Passed Senate with amendments by Unanimous Consent. (text: CR S15375-15377)
action_date: 2007-12-12
text: Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.(text: CR S15375-15377)
action_date: 2007-12-12
text: Measure laid before Senate by unanimous consent. (consideration: CR S15373-15377)
action_date: 2007-10-31
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 458.
action_date: 2007-10-31
text: Committee on Banking, Housing, and Urban Affairs. Original measure reported to Senate by Senator Dodd. With written report No. 110-213.
action_date: 2007-10-31
text: Committee on Banking, Housing, and Urban Affairs. Original measure reported to Senate by Senator Dodd. With written report No. 110-213.
action_date: 2007-10-31
text: Introduced in Senate

Enacted as: number: 110-174