21320 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 15 July 30, 2007 family absolute gratitude for the rights and ferred to in subsection (a) shall be deemed to hometown of more than 55 years in his mem- freedoms that he so heroically fought to pro- be a reference to the ‘‘Buck Owens Post Of- ory. tect. fice’’. The bill was ordered to be engrossed Shane also follows in the path of a long line The amendment was agreed to. and read a third time, was read the of brave and courageous individuals from the Mr. DAVIS of Illinois. Mr. Speaker, Mr. Buck third time, and passed. Gardner-Edgerton area who have given the ul- Owens was among the most prolific country The title was amended so as to read: timate sacrifice to protect those same rights hit-makers of the past 40 years and enjoyed a ‘‘A bill to designate the facility of the and liberties. In fact, soldiers from the area string of chart-toppers, including ‘‘Act Natu- United States Postal Service located at have given their lives in service to their coun- rally’’, ‘‘Together Again’’, and ‘‘I’ve Got a Tiger 118 Minner Avenue in Bakersfield, Cali- try in the Civil War, World War I, World War by the Tail’’. He was a major influence on suc- fornia, as the ‘Buck Owens Post Of- II, the Korean War, and the Vietnam War, and cessive generations of musicians. fice’.’’ their sacrifice must also be remembered and He was born as Alvis Edgar Owens in Sher- A motion to reconsider was laid on honored. man, Texas on August 12, 1929. He died on the table. So today I am proud to join with my col- March 25, 2006 in Bakersfield, California. f leagues in remembering these brave individ- Mr. Speaker, I commend my colleague Rep- uals, and in offering this remembrance so that resentative KEVIN MCCARTHY for introducing GENERAL LEAVE our community never forgets the sacrifice that this legislation and urge the swift passage of Mr. DAVIS of Illinois. Mr. Speaker, I a brave soldier from Kansas made for his this bill. ask unanimous consent that all Mem- country. Mr. McCARTHY of California. Mr. Speaker, bers may have 5 legislative days in The bill was ordered to be engrossed I rise today in strong support of H.R. 1384, a which to revise and extend their re- and read a third time, was read the bill I introduced to designate the United States marks on the 13 Committee on Over- third time, and passed, and a motion to Postal Service facility located at 118 Minner sight and Government Reform bills reconsider was laid on the table. Avenue in Bakersfield, California as the ‘‘Buck previously considered. f Owens Post Office.’’ The SPEAKER pro tempore. Is there An accomplished, self-taught musician, Alvis BUCK OWENS POST OFFICE objection to the request of the gen- Edgar ‘‘Buck’’ Owens, Jr. amassed twenty-one tleman from Illinois? Mr. DAVIS of Illinois. Mr. Speaker, I country music hits throughout his career, of There was no objection. ask unanimous consent that the Com- which ten were consecutive #1 hits, including f mittee on Oversight and Government ‘‘Act Naturally,’’ ‘‘My Heart Skips a Beat,’’ and Reform be discharged from further con- ‘‘Streets of Bakersfield.’’ Over his more than ANNOUNCEMENT BY THE SPEAKER sideration of the bill (H.R. 1384) to des- 50 years in the music industry, Buck worked PRO TEMPORE ignate the facility of the United States with other legendary country musicians includ- The SPEAKER pro tempore. Pursu- Postal Service located at 118 Minner ing Merle Haggard, who dubbed Buck’s band ant to clause 8 of rule XX, the Chair Street in Bakersfield, California, as the ‘‘the Buckaroos,’’ Wanda Jackson, and Dwight will postpone further proceedings ‘‘Buck Owens Post Office,’’ and ask for Yoakam. today on motions to suspend the rules its immediate consideration in the Buck was best known for his signature on which a recorded vote or the yeas House. ‘‘freight train’’ musical sound that combined and nays are ordered, or on which the The Clerk read the title of the bill. classic country music with electric guitar, a vote is objected to under clause 6 of The SPEAKER pro tempore. Is there unique rhythm, and rock and roll and honky- rule XX. objection to the request of the gen- tonk influences, and always played his trade- Record votes on postponed questions tleman from Illinois? mark red, white, and blue guitar. Buck was in- will be taken after 6:30 p.m. today. There was no objection. ducted into the Nashville Songwriters Hall of The Clerk read the bill, as follows Fame and the Country Music Hall of Fame, f H.R. 1384 both in 1996, for his musical talent and ac- DARFUR ACCOUNTABILITY AND Be it enacted by the Senate and House of Rep- complishments. In 1999, Buck received a DIVESTMENT ACT resentatives of the United States of America in Grammy Hall of Fame Award for one of his #1 Mr. FRANK of Massachusetts. Mr. Congress assembled, hits, ‘‘I’ve Got a Tiger by the Tail.’’ Speaker, I move to suspend the rules SECTION 1. BUCK OWENS POST OFFICE. In addition to recording hit country music and pass the bill (H.R. 180) to require (a) DESIGNATION.—The facility of the songs, for almost twenty years, Buck could be United States Postal Service located at 118 the identification of companies that seen on Hee Haw, an immensely popular conduct business operations in Sudan, Minner Street in Bakersfield, California, country music comedy show. Following Hee shall be known and designated as the ‘‘Buck to prohibit United States Government Owens Post Office’’. Haw and returning to his country music roots, contracts with such companies, and for (b) REFERENCES.—Any reference in a law, Buck opened Buck Owens’ Crystal Palace in other purposes, as amended. map, regulation, document, paper, or other 1996, a concert hall in Bakersfield, California, The Clerk read the title of the bill. record of the United States to the facility re- where Buck hosted other bands and per- The text of the bill is as follows ferred to in subsection (a) shall be deemed to formed live for fans up until the night he H.R. 180 be a reference to the ‘‘Buck Owens Post Of- passed away, on March 25, 2006. fice’’. An astute businessman, Buck owned sev- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in AMENDMENT OFFERED BY MR. DAVIS OF eral radio stations, including KKXX–FM, which Congress assembled, ILLINOIS was under Buck’s tenure for more than a dec- SECTION 1. SHORT TITLE. Mr. DAVIS of Illinois. Mr. Speaker, I ade the #1 rock-and-roll station in Bakersfield. This Act may be cited as the ‘‘Darfur Ac- offer an amendment. In addition, Buck also owned KUZZ–AM, countability and Divestment Act’’. The Clerk read as follows: which he expanded to FM radio, and, up until SEC. 2. FINDINGS. Amendment offered by Mr. DAVIS of Illi- his death, was and remains the #1 country The Congress finds as follows: nois: music station in Bakersfield. Finally, Buck es- (1) In the 108th Congress, the House of Rep- Strike all after the enacting clause and in- tablished his own music production company, resentatives adopted House Concurrent Reso- sert the following: Buck Owens Enterprises, which produced lution 467 on July 22, 2004, by a unanimous SECTION 1. BUCK OWENS POST OFFICE. records by country music artists. vote of 422-0, which— (a) DESIGNATION.—The facility of the Buck moved to Bakersfield in 1951, and (A) declares that the atrocities unfolding United States Postal Service located at 118 contributed greatly to the country music indus- in the Darfur region of Sudan are genocide; (B) declares that the Government of Sudan Minner Avenue in Bakersfield, California, try in Bakersfield and around the Nation and shall be known and designated as the ‘‘Buck has violated the Convention on the Preven- Owens Post Office’’. amassed a legion of fans, like myself, across tion and Punishment of the Crime of Geno- (b) REFERENCES.—Any reference in a law, the country. H.R. 1384 is a fitting honor and cide; map, regulation, document, paper, or other tribute to this influential and charismatic Cali- (C) urges the Administration to seriously record of the United States to the facility re- fornian by designating the post office in his consider multilateral intervention to stop

VerDate Mar 15 2010 11:26 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR07\H30JY7.000 H30JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 30, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 15 21321 genocide in Darfur should the United Na- tion to divest State funds from companies tutions, and private institutions to seek to tions Security Council fail to act; and that conduct business operations in Sudan. disassociate themselves from companies that (D) calls on the Administration to impose Arkansas, Connecticut, Maryland, and Ohio support the Government of Sudan. targeted sanctions, including visa bans and have passed non-binding divestment legisla- (17) Policy makers and fund managers may the freezing of assets of the Sudanese Na- tion with respect to Sudan. find moral, prudential, or reputational rea- tional Congress and affiliated business and (9) Denver, Colorado, Los Angeles, Cali- sons to divest from companies that accept individuals directly responsible for the fornia, Miami Beach, Florida, New Haven, the business risk of operating in countries atrocities in Darfur. Connecticut, Newton, Massachusetts, Phila- that are subject to international economic (2) In the 109th Congress, the House of Rep- delphia, Pennsylvania, Pittsburgh, Pennsyl- sanctions or that have business relationships resentatives passed H.R. 3127, the Darfur vania, Providence, Rhode Island, and San with countries, governments, or entities Peace and Accountability Act of 2006, on Francisco, California have passed legislation with which any United States company April 5, 2006, by a vote of 416-3, which— mandating divestment of city funds from would be prohibited from dealing because of (A) appeals to the international commu- companies that conduct business operations economic sanctions imposed by the United nity, including the United Nations, the Euro- in Sudan. States. pean Union, and the North Atlantic Treaty (10) American University, Amherst College, (18) The world community has a moral ob- Organization (NATO), to immediately mobi- Andover Newton Theological School, Boston ligation to work to do everything possible to lize sufficient political, military, and finan- University, Bowdoin College, Brandeis Uni- stop the ongoing genocidal practices of the cial resources to support and expand the Af- versity, Brown University, Colby College, Government of Sudan in the Darfur region. rican Union Mission in Sudan (AMIS); Columbia University, Connecticut College, SEC. 3. TRANSPARENCY IN CAPITAL MARKETS. (B) blocks assets and restricts travel of Cornell University, Dartmouth College, Drew (a) LIST OF PERSONS DIRECTLY INVESTING IN any individual the President determines is University, Duke University, Emory Univer- OR CONDUCTING BUSINESS OPERATIONS IN CER- responsible for acts of genocide, war crimes, sity, Hampton University, Harvard Univer- TAIN SUDANESE SECTORS.— or crimes against humanity in the Darfur re- sity, Hendrix College, Howard University, (1) PUBLICATION OF LIST.—Not later than 6 gion of Sudan; and Lee University, Massachusetts Institute of months after the date of the enactment of (C) offers United States support for the Technology, Middlebury College, Nazareth this Act and every 6 months thereafter, the International Criminal Court’s efforts to College, Northwestern University, Oberlin Secretary of the Treasury, in consultation prosecute those responsible for acts of geno- College, Queen’s University, Reconstruc- with the Secretary of Energy, the Secretary cide in Darfur. tionist Rabbinical College, Regis University, of State, the Securities and Exchange Com- (3) On September 9, 2004, former Secretary Samford University, Seton Hall, Smith Col- mission, and the heads of other appropriate of State Colin Powell stated before the Com- lege, Stanford University, Swarthmore Col- Federal departments and agencies, shall, mittee on Foreign Relations of the Senate lege, Trinity College, University of Cali- using only publicly available (including pro- that genocide was being committed in the fornia, University of Colorado, University of prietary) information, ensure publication in Darfur region of Sudan and that the Govern- Connecticut, University of Denver, Univer- the Federal Register of a list of each person, ment of Sudan and the government-sup- sity of Illinois, University of Maryland, Uni- whether within or outside of the United ported Janjaweed militias bear responsi- versity of Massachusetts, University of Min- States, that, as of the date of the publica- bility for the genocide. nesota, University of Pennsylvania, Univer- tion, has a direct investment in, or is con- sity of Rochester, University of Southern (4) On September 21, 2004, President George ducting, business operations in Sudan’s California, University of Vermont, Univer- W. Bush affirmed the Secretary of State’s power production, mineral extraction, oil-re- sity of Virginia, University of Washington, finding in an address before the United Na- lated, or military equipment industries, sub- University of Wisconsin System, Vassar Col- tions General Assembly, stating that the ject to paragraph (2). To the extent prac- lege, Wellesley College, Wheaton College, world is witnessing terrible suffering and ticable, the list shall include a description of Williams College, and Yale University have horrible crimes in the Darfur region of the investment made by each such person, divested their funds from or placed restric- Sudan, crimes the Government of the United including the dollar value, intended purpose, tions on investment of their funds in certain States has concluded are genocide. and status of the investment, as of the date companies that conduct business operations (5) On May 29, 2007, President George W. of the publication. in Sudan. Bush affirmed that the Government of Sudan (11) Divestment has proven effective in (2) EXCEPTIONS.—The Secretary of the is complicit in the bombing, murder, and similar situations, as in 1986, when State Treasury shall exclude a person from the list rape of innocent civilians in Darfur and pension funds and university endowments if all of the business operations by reason of again declared that these actions rightfully were divested from companies that con- which the person would otherwise be in- constitute genocide. ducted business operations in South Africa, cluded on the list— (6) Although the Government of the United which was critical to ending apartheid in (A) are conducted under contract directly States currently bans United States compa- that country, and by 1994, when the first free and exclusively with the regional govern- nies from conducting business operations in elections in South Africa took place, a sub- ment of southern Sudan; Sudan, millions of Americans are inadvert- stantial number of States, counties, cities, (B) are conducted under a license from the ently supporting the Government of Sudan universities, and colleges in the United Office of Foreign Assets Control, or are ex- by investing in foreign companies that con- States had adopted partial or total divest- pressly exempted under Federal law from the duct business operations in Sudan that dis- ment policies. requirement to be conducted under such a li- proportionately benefit the Sudanese regime (12) Economic pressure against the Govern- cense; in Khartoum. ment of Sudan has been effective in pushing (C) consist of providing goods or services to (7) Several States and governmental enti- Sudan to cooperate with the United States marginalized populations of Sudan; ties, through legislation and other means, on counterterrorism efforts and in part in (D) consist of providing goods or services have expressed their desire, or are consid- agreeing to negotiations with the Sudan to an internationally recognized peace- ering measures— People’s Liberation Army of South Sudan keeping force or humanitarian organization; (A) to divest any equity in, or to refuse to which resulted in the Comprehensive Peace (E) consist of providing goods or services provide debt capital to, certain companies Agreement of 2005. that are used only to promote health or edu- that operate in Sudan; (13) Congress acknowledges that divest- cation; (B) to disassociate themselves and the ment should be used sparingly and under ex- (F) are conducted by a person that has also beneficiaries of their public pension and en- traordinary circumstances. This Act is based undertaken significant humanitarian efforts dowment funds from directly or indirectly on unique circumstances, specifically, the as described in section 10(14)(B); supporting the Darfur genocide; and reprehensible and abhorrent genocide occur- (G) have been voluntarily suspended; or (C) to prohibit themselves from entering ring in Sudan. (H) will cease within 1 year after the adop- into or renewing contracts for the procure- (14) The business operations of companies tion of a formal plan to cease the operations, ment of goods or services with certain com- in countries that perpetrate grave abuses of as determined by the Secretary. panies that have a direct investment in, or human rights, especially the uniquely mon- (3) CONSIDERATION OF SCRUTINIZED BUSINESS conduct business operations in, Sudan strous crime of genocide, are of concern to OPERATIONS.—The Secretary of the Treasury (8) California, Colorado, Florida, Hawaii, many United States investors and citizens should give serious consideration to includ- Indiana, Illinois, Iowa, Kansas, Maine, Min- even when these operations represent a small ing on the list any company that has a scru- nesota, New Jersey, New York, Oregon, fraction of a company’s total business. tinized business operation with respect to Rhode Island, Texas and Vermont have (15) State and city pension funds have rou- Sudan (within the meaning of section 10(4)). passed legislation to divest State funds from tinely but unsuccessfully sought to acquire (4) PRIOR NOTICE TO PERSONS.—The Sec- companies that conduct business operations and utilize data from the Federal Govern- retary of the Treasury shall, at least 30 days in Sudan. Massachusetts, Michigan, North ment on companies for investment decisions. before the list is published under paragraph Carolina, Ohio, Pennsylvania, South Caro- (16) There is an increasing interest by (1), notify each person that the Secretary in- lina, and Wisconsin are considering legisla- States, local governments, educational insti- tends to include on the list.

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(5) DELAY IN INCLUDING PERSONS ON THE (I) before the end of the 90-day period be- under section 3(a)(6) of such Act. Any dives- LIST.—After notifying a person under para- ginning with the date written notice is pro- titure of plan assets from, or avoidance of in- graph (4), the Secretary of the Treasury may vided to the person pursuant to clause (i); or vesting plan assets in, persons that are in- delay including that person on the list for up (II) if the person demonstrates to the State cluded on such list shall be treated as in ac- to 60 days if the Secretary determines and or local government, as the case may be, cordance with this title and the documents certifies to the Congress that the person has that the person is no longer involved in the and instruments governing the plan.’’. taken specific and effective actions to termi- activities by reason of which the measures SEC. 8. PROHIBITION ON UNITED STATES GOV- nate the involvement of the person in the ac- would otherwise be applied to the person. ERNMENT CONTRACTS. tivities that resulted in the notification (2) APPLICABILITY.—This subsection applies (a) PROHIBITION.—Notwithstanding any under paragraph (4). to measures adopted by a State or local gov- other provision of law, the Government of (6) REMOVAL OF PERSONS FROM THE LIST.— ernment before, on, or after the date of the the United States shall not enter into or The Secretary of the Treasury may remove a enactment of this Act. renew a contract for the procurement of person from the list before the next publica- (3) DEFINITIONS.—In this subsection: goods or services with persons that are in- tion of the list under paragraph (1) if the (A) INVESTMENT.—The ‘‘investment’’ of as- cluded on the list most recently published Secretary determines that the person no sets includes— under section 3(a)(1), as modified under sec- longer has a direct investment in or is no (i) a commitment or contribution of assets; tion 3(a)(6). (b) WAIVER AUTHORITY.—The President longer conducting business operations as de- and may waive the prohibition in subsection (a) scribed in paragraph (1). (ii) a loan or other extension of credit of on a case-by-case basis if the President de- (7) ADVANCE NOTICE TO CONGRESS.—Not assets. termines and certifies in writing to the Con- later than 30 days (or, in the case of the 1st (B) ASSETS.—The term ‘‘assets’’ refers to gress that it is important to the national se- such list, 60 days) before the date by which public monies and includes any pension, re- curity interests of the United States to do paragraph (1) requires the list to be pub- tirement, annuity, or endowment fund, or so. lished, the Secretary of the Treasury shall similar instrument, that is controlled, di- SEC. 9. AUTHORITY OF STATE AND LOCAL GOV- submit to the Committees on Financial rectly or indirectly, by a State or local gov- ERNMENTS TO PROHIBIT CON- Services, on Education and Labor, and on ernment. TRACTS. Oversight and Government Reform of the (c) PREEMPTION.—A measure of a State or (a) STATEMENT OF POLICY.—It is the policy House of Representatives and the Commit- local government that is authorized by sub- of the United States to support the decision tees on Banking, Housing, and Urban Affairs, section (b) is not preempted by any Federal of any State or local government to prohibit on Health, Education, Labor, and Pensions, law or regulation. the State or local government, as the case and on Homeland Security and Govern- SEC. 5. SENSE OF THE CONGRESS. may be, from entering into or renewing a mental Affairs of the Senate a copy of the It is the sense of the Congress that a di- contract as described in subsection (b). list which the Secretary intends to publish vestment measure authorized under section 4 (b) AUTHORITY TO PROHIBIT CONTRACTS.— under paragraph (1). or a measure authorized under section 9 to Notwithstanding any other provision of law, (b) PUBLICATION ON WEBSITE.—The Sec- prohibit State or local contracts would not a State or local government may adopt and retary of the Treasury shall ensure that the violate the United States Constitution be- enforce measures to prohibit the State or list is published on an appropriate, publicly cause such a measure— local government, as the case may be, from accessible government website, updating the (1) is not pre-empted under the Supremacy entering into or renewing a contract for the list as necessary to take into account any Clause; procurement of goods or services with per- person removed from the list under sub- (2) is authorized by the Congress as an ap- sons that are included on the list most re- section (a)(6). propriate measure with regard to interstate cently pulbished under section 3(a)(1), as modified under section 3(a)(6). (c) DEFINITION.—In this section, the term or foreign commerce; and SEC. 10. DEFINITIONS. ‘‘investment’’ has the meaning given in sec- (3) is authorized by the Congress as a meas- For purposes of this Act: tion 4(b)(3). ure that promotes the foreign policy of the United States. (1) PERSON.—The term ‘‘person’’, except in SEC. 4. AUTHORITY OF STATE AND LOCAL GOV- SEC. 6. SAFE HARBOR FOR CHANGES OF INVEST- paragraph (6), means— ERNMENTS TO DIVEST FROM CER- MENT POLICIES BY ASSET MAN- (A) a natural person as well as a corpora- TAIN COMPANIES DIRECTLY IN- AGERS. tion, company, business association, partner- VESTED IN CERTAIN SUDANESE SEC- ship, society, trust, any other nongovern- TORS. Section 13 of the Investment Company Act of 1940 (15 U.S.C. 80a–13) is amended by add- mental entity, organization, or group; (a) STATEMENT OF POLICY.—It is the policy ing at the end the following new subsection: (B) any governmental entity or instrumen- of the United States to support the decision ‘‘(c) SAFE HARBOR FOR CHANGES IN INVEST- tality of a government, including a multilat- of any State or local government to divest MENT POLICIES.—Notwithstanding any other eral development institution (as defined in from, and to prohibit the investment of as- provision of Federal or State law, no person section 1701(c)(3) of the International Finan- sets controlled by the State or local govern- may bring any civil, criminal, or administra- cial Institutions Act); and ment in, persons on— tive action against any registered invest- (C) any successor, subunit, or subsidiary of (1) the list most recently published under ment company or person providing services any entity described in subparagraph (A) or section 3(a)(1), as modified under section to such registered investment company (in- (B). 3(a)(6); or cluding its investment adviser), or any em- (2) STATE.—The term ‘‘State’’ includes the (2) any list developed by the State or local ployee, officer, or director thereof, based District of Columbia, the Commonwealth of government for the purpose of divestment solely upon the investment company divest- Puerto Rico, the United States Virgin Is- from certain persons described in subsection ing from, or avoiding investing in, securities lands, Guam, American Samoa, and the Com- (b)(1)(B) of this section. issued by companies that are included on the monwealth of the Northern Mariana Islands. (b) AUTHORITY TO DIVEST.— list most recently published under section (3) STATE OR LOCAL GOVERNMENT.— (1) IN GENERAL.—Notwithstanding any 3(a)(1) of the Darfur Accountability and Di- (A) IN GENERAL.—The term ‘‘State or local other provision of law, a State or local gov- vestment Act, as modified under section government’’ includes— ernment may adopt and enforce measures to 3(a)(6) of that Act. For purposes of this sub- (i) any State and any agency or instrumen- divest the assets of the State or local gov- section the term ‘person’ shall include the tality thereof; ernment from, or prohibit investment of the Federal government, and any State or polit- (ii) any local government within a State, assets of the State or local government in— ical subdivision of a State.’’. and any agency or instrumentality thereof; (A) persons that are included on the list SEC. 7. SAFE HARBOR FOR CHANGES OF INVEST- (iii) any other governmental instrumen- most recently published under section 3(a)(1) MENT POLICIES BY EMPLOYEE BEN- tality; and of this Act, as modified under section 3(a)(6) EFIT PLANS. (iv) any public institution of higher edu- of this Act; or Section 404 of the Employee Retirement cation. (B) persons having a direct investment in, Income Security Act of 1974 (29 U.S.C. 1104) is (B) PUBLIC INSTITUTION OF HIGHER EDU- or carrying on a trade or business (within amended by adding at the end the following CATION.—The term ‘‘public institution of the meaning of section 162 of the Internal new subsection: higher education’’ means a public institution Revenue Code of 1986) in Sudan or with the ‘‘(n) No person shall be treated as breach- of higher education within the meaning of Government of Sudan, if the measures re- ing any of the responsibilities, obligations, the Higher Education Act of 1965. quire the State or local government, as the or duties imposed upon fiduciaries by this (4) SCRUTINIZED BUSINESS OPERATION.—A case may be, to the maximum extent prac- title for divesting plan assets from, or avoid- company has a scrutinized business oper- ticable, to— ing investing plan assets in, persons that are ation with respect to Sudan if— (i) provide written notice to each person to included on the list most recently published (A)(i) the company has business operations whom the measures are to be applied; and under section 3(a)(1) of the Darfur Account- that involve contracts with or provision of (ii) not apply the measures to a person— ability and Divestment Act, as modified supplies or services to—

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(I) the Government of Sudan; (7) COMPLICIT.—The term ‘‘complicit’’ sidered to be involved in an oil-related activ- (II) a company in which the Government of means has taken actions in the preceding 20 ity. Sudan has any direct or indirect equity months which have directly supported or (13) POWER PRODUCTION ACTIVITIES.—The share; promoted the genocidal campaign in Darfur, term ‘‘power production activities’’ means— (III) a consortium or project commissioned including preventing Darfur’s victimized (A) any business operation that involves a by the Government of Sudan; or population from communicating with each project commissioned by the National Elec- (IV) a company involved in a consortium other, encouraging Sudanese citizens to tricity Corporation of Sudan or other similar or project commissioned by the Government speak out against an internationally ap- Government of Sudan entity whose purpose of Sudan; and proved security force for Darfur, actively is to facilitate power generation and deliv- (ii)(I)(aa) more than 10 percent of the reve- working to deny, cover up, or alter evidence ery, including establishing power-generating nues or assets of the company that are of human rights abuses in Darfur, or other plants or hydroelectric dams, selling or in- linked to Sudan involve oil-related activities similar actions. stalling components for the project, pro- or mineral extraction activities; (8) GOVERNMENT OF SUDAN.—The term viding service contracts related to the in- (bb) less than 75 percent of the revenues or ‘‘Government of Sudan’’ means the govern- stallation or maintenance of the project; and assets of the company that are linked to ment in Khartoum, Sudan, which is led by (B) facilitating an activity described in Sudan involve contracts with, or provision of the National Congress Party (formerly subparagraph (A), including by providing oil-related or mineral extracting products or known as the National Islamic Front) or any supplies or services in support of the activ- services to the regional government of successor government formed on or after Oc- ity. southern Sudan or a project or consortium tober 13, 2006 (including the coalition Na- (14) SUBSTANTIAL ACTION.—The term ‘‘sub- created exclusively by that regional govern- tional Unity Government agreed upon in the stantial action’’ means— ment; and Comprehensive Peace Agreement for Sudan), (A) adopting, publicizing, and imple- (cc) the company has failed to take sub- and does not include the regional govern- menting a formal plan to cease scrutinized stantial action with respect to the business ment of southern Sudan. business operations within 1 year after the operations referred to in clause (i) of this (9) MARGINALIZED POPULATIONS OF SUDAN.— date of the enactment of this Act, and re- subparagraph or as described in subpara- The term ‘‘marginalized populations of fraining from any new scrutinized business graph (B) or (C) of paragraph (14); or Sudan’’ includes— operations; (II)(aa) more than 10 percent of the reve- (A) the portion of the population in the (B) undertaking significant humanitarian nues or assets of the company that are Darfur region that has been victimized; efforts— linked to Sudan involve power production (B) the portion of the population of south- (i) in conjunction with an international de- activities; ern Sudan victimized by Sudan’s North- velopment or humanitarian organization, (bb) less than 75 percent of the power pro- South civil war; the regional government of southern Sudan, duction activities of the company include (C) the Beja, Rashidiya, and other simi- or a non-profit entity; projects whose intent is to provide power or larly affected groups of eastern Sudan; (ii) substantial in relationship to the size electricity to the marginalized populations (D) the Nubian and other similarly affected and scope of the business operations with re- of Sudan; and groups in Sudan’s Abyei, Southern Blue Nile, spect to Sudan; (iii) of benefit to 1 or more marginalized (cc) the company has failed to take sub- and Nuba Mountain regions; and stantial action with respect to the business populations of Sudan; and (E) the Amri, Hamadab, Manasir, and other operations referred to in clause (i) of this (iv) evaluated and certified by an inde- similarly affected groups of northern Sudan. subparagraph or as described in subpara- pendent third party to meet the require- (10) MILITARY EQUIPMENT.—The term ‘‘mili- graph (B) or (C) of paragraph (14); ments of clauses (i) through (iii); or tary equipment’’ means— (B) the company supplies military equip- (C) materially improving conditions for (A) weapons, arms, military supplies, and ment in Sudan, unless the company clearly the victimized population in Darfur. equipment that readily may be used for mili- shows that— tary purposes, including radar systems or SEC. 11. SENSE OF THE CONGRESS. (i) the military equipment cannot be used It is the sense of the Congress that the gov- military-grade transport vehicles; or to facilitate offensive military actions in ernments of all other countries should adopt (B) supplies or services sold or provided di- Sudan; or measures, similar to those contained in this rectly or indirectly to any force actively par- (ii) the company implements rigorous and Act, to publicize the activities of all persons verifiable safeguards to prevent use of the ticipating in armed conflict in Sudan. that, through their financial dealings, know- equipment by forces actively participating (11) MINERAL EXTRACTION ACTIVITIES.—The ingly or unknowingly enable the Govern- in armed conflict, including through— term ‘‘mineral extraction activities’’ in- ment of Sudan to continue to oppress and (I) post-sale tracking of the equipment by cludes— commit genocide against people in the the company; (A) exploring, extracting, processing, Darfur region and other regions of Sudan, (II) certification from a reputable and ob- transporting, or wholesale selling or trading and to authorize divestment from, and the jective third party that such equipment is of elemental minerals or associated metal al- avoidance of further investment in, the per- not being used by a party participating in loys or oxides (ore), including gold, copper, sons. armed conflict in Sudan; or chromium, chromite, diamonds, iron, iron SEC. 12. SUNSET. (III) sale of the equipment solely to the re- ore, silver, tungsten, uranium, and zinc, and This Act shall terminate 30 days after the gional government of southern Sudan or any (B) facilitating any activity described in date on which— internationally recognized peacekeeping subparagraph (A), including by providing (1) the President has certified to Congress force or humanitarian organization; or supplies or services in support of the activ- that— (C) the Secretary of the Treasury has de- ity. (A) the Darfur genocide has been halted for termined that the company has been (12) OIL-RELATED ACTIVITIES.— at least 12 months; and complicit in the Darfur genocide. (A) IN GENERAL.—Except as provided in (B) the Government of Sudan has honored (5) BUSINESS OPERATIONS.—The term ‘‘busi- subparagraph (B), the term ‘‘oil-related ac- its commitments to— ness operations’’ means engaging in com- tivities’’ includes— (i) abide by United Nations Security Coun- merce in any form in Sudan, including by ac- (i) exporting, extracting, producing, refin- cil Resolution 1706; quiring, developing, maintaining, owning, ing, processing, exploring for, transporting, (ii) cease attacks on civilians; selling, possessing, leasing, or operating selling, or trading oil; (iii) demobilize and demilitarize the equipment, facilities, personnel, products, (ii) constructing, maintaining, or oper- Janjeweed and associated militias; services, personal property, real property, or ating a pipeline, refinery, or other oilfield (iv) grant free and unfettered access for de- any other apparatus of business or com- infrastructure; and livery of humanitarian assistance; and merce. (iii) facilitating any activity described in (v) allow for the safe and voluntary return (6) COMPANY.—The term ‘‘company’’ means clause (i) or (ii), including by providing sup- of refugees and internally displaced persons; any natural person, legal person, sole propri- plies or services in support of the activity. and etorship, organization, association, corpora- (B) SPECIAL RULES.— (2) the United States has revoked all sanc- tion, partnership, firm, joint venture, (i) A company that is involved in the retail tions against the Government of Sudan and franchisor, franchisee, financial institution, sale of gasoline or related consumer products the officials of such government, including utility, public franchise, trust, enterprise, in Sudan but is not involved in any other ac- sanctions authorized by— limited partnership, limited liability part- tivity described in subparagraph (A) shall (A) the Sudan Peace Act (Public Law 107– nership, limited liability company, or other not be considered to be involved in an oil-re- 245); business entity or association, including all lated activity. (B) the Comprehensive Peace in Sudan Act wholly-owned subsidiaries, majority-owned (ii) A company that is involved in leasing, of 2004 (Public Law 108–497); subsidiaries, parent companies, or affiliates or that owns, rights to an oil block in Sudan (C) the USA PATRIOT Improvement and of such business entities or associations, but is not involved in any other activity de- Reauthorization Act of 2005 (Public Law 109– that exists for profit-making purposes. scribed in subparagraph (A) shall not be con- 177);

VerDate Mar 15 2010 11:26 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR07\H30JY7.000 H30JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 21324 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 15 July 30, 2007 (D) the Darfur Peace and Accountability you to sell our investments in compa- clear in this bill. We are not trying to Act of 2006 (Public Law 109–344); and nies that are complicit in this through say that they don’t. (E) any other Federal law or executive economic support. But what this package of bills does is order. And they have been met in some The SPEAKER pro tempore. Pursu- cases by the argument, Well, we can’t these two bills makes two foreign pol- ant to the rule, the gentleman from do that because we have a fiduciary re- icy judgments. The United States Con- Massachusetts (Mr. FRANK) and the sponsibility as the investment entity gress, by passing these bills, will say gentleman from New Jersey (Mr. GAR- to maximize returns, and, therefore, we we have an absolute horror about the RETT) each will control 20 minutes. cannot sell this company and that genocide in Darfur and want to do ev- The Chair recognizes the gentleman company. And to the extent that they erything we can to put an end to it, from Massachusetts. are complicit in Darfur and complicit and we are overwhelmingly opposed to Mr. FRANK of Massachusetts. Mr. in Iran’s nuclear weapons, that is irrel- the regime in Iran acquiring nuclear Speaker, I yield myself such time as I evant. weapons. These are two very specific may consume. Mr. Speaker, I think that is often foreign policy judgments that Congress Mr. Speaker, this is a good day for more of an excuse than a reason. But the cause of human rights and for today, we render that debate moot be- will make. We will then be empowering drawing on the strength of the Amer- cause the two bills we are dealing with, people in the United States to join us ican people to vindicate the values that now with Darfur and subsequently with in implementing them. But the argu- are so widely shared among our people. Iran, do not compel any investment en- ment that this somehow throws open This bill is part of a package of two. tity to do anything. These are not bills the foreign policy process willy-nilly is Subsequently we will deal with a bill of compulsion. They fully respect the simply wrong. involving the country of Iran. Both of market. What they say is, if you are a I submit the following correspondence: them have a similar purpose; namely, mutual fund, if you are a pension fund COMMITTEE ON EDUCATION AND LABOR, to empower Americans in their indi- manager, and significant numbers of vidual capacities, through their State Washington, DC, July 27, 2007. the investors in your entity or the Hon. BARNEY FRANK, governments, through organizations to beneficiaries of your entity come to Chairman, Committee on Financial Services, express in a concrete way the over- you and say, Clean my hands; I do not House of Representatives, Washington, DC. whelming opposition in our country to want to be financing these outrageous DEAR CHAIRMAN FRANK: I am writing to the genocide being perpetrated by the regimes and their terrible practices, confirm our mutual understanding with re- Government of Sudan in Darfur, and to you cannot plead, Oh, I am sorry. The spect to the consideration of H.R. 180, the the effort by the sometimes pro-geno- law won’t let me do it, because these Darfur Accountability and Divestment Act. cide Government of Iran to acquire a bills have a common theme. They pre- As you know, Section 7 of H.R. 180 amends nuclear weapons capacity. vent lawsuits against these investment the Employee Retirement Income Security Now what we have, we have sanctions entities who take these issues into ac- against those countries. Let me say a Act of 1974 to provide a safe harbor for count. changes of investment policies. I am writing word about sanctions. People are some- And they have a powerful double ef- times supportive of sanctions when to confirm that this provision falls within fect. First, they will add to the effec- the jurisdiction of the Committee on Edu- they agree with the cause and deni- tiveness of sanctions because there is cation and Labor. grate the notion of sanctions when in the United States widespread anger they disagree with the cause. History at both regimes. Not only will they add Given the importance of moving this bill is clear. When economic sanctions are to the effectiveness of sanctions, they forward promptly, I do not intend to object widely supported globally, they have do it in a way that is fully respectful of to its consideration in the House. However, I an impact. the autonomy of these entities. As I do so only with the understanding that this I had a great day years ago, Mr. said, there is no compulsion, no inter- procedure should not be construed to preju- dice my Committee’s jurisdictional interest Speaker, standing in Statutory Hall ference of the market. It is freeing and prerogative in H.R. 180 or any other and listening to Nelson Mandela thank Americans to do this, and that is also similar legislation and will not be considered the Congress of the United States be- important because you have the regime as precedent for consideration of matters of cause we had enacted sanctions. He in Iran and you have the regime in jurisdictional interest to my Committee in said that the enactment of sanctions Sudan trying to avoid the public oblo- by the U.S. as part of a worldwide en- the future. The Committee also asks that quy that they so richly deserve by say- you support our request to be conferees on actment of sanctions brought an end to ing that is just the American adminis- the provisions over which we have jurisdic- apartheid earlier than it would have tration. They try to separate the Presi- tion during any House-Senate conference. otherwise. Our former colleague, Mr. dent and his policies in opposition to Sincerely, Dellums, the mayor of Oakland, had a both of these from the American peo- GEORGE MILLER, very proud day then. He had been the ple. Chairman. leader of it, and it is very fitting that What these bills do is to make it the initiator of the bill we are dealing clear, as I think they soon will once COMMITTEE ON FINANCIAL SERVICES, with today is his successor, the gentle- they are law, that the opposition to the Washington, DC, July 27, 2007. woman from California (Ms. LEE), who genocide in Sudan and to the weapons Hon. GEORGE MILLER, has been the driving force in the bill we nuclearization in Iran are widespread Chairman, Committee on Education and Labor, have before us. throughout this country, and that this Washington, DC. And what we have is this: There are opposition is not just the President and DEAR CHAIRMAN MILLER: Thank you for American citizens, State governments not just the Congress. It is a broad, your recent letter regarding the consider- and others who have funds invested in deeply held American view. ation of H.R. 180, the Darfur Accountability collective investment entities. They One final point. A letter from Na- and Divestment Act. I agree that Section 7 have invested the funds to get a max- tional Council on Foreign Trade com- of H.R. 180 falls within the jurisdiction of the imum return, pension funds, State gov- plained that with these bills we were Committee on Education and Labor. ernments and others, individuals in going to let the States get into the for- I appreciate your willingness to allow this mutual funds. And they have in many eign policy business. No, this is the bill to move forward today; and I agree that cases gone to the investment entity Congress of the United States into the this procedure in no way diminishes or alters and said, We don’t want our money foreign policy business. This does not the jurisdictional interest of the Committee helping the dictatorship of Iran go nu- say that any mutual fund anywhere at on Education and Labor. clear. We don’t want our money used to any time can divest for foreign policy Sincerely, perpetuate genocide in Darfur and help reasons. I think, by the way, they al- BARNEY FRANK, a government that does that. We want ready have that right, and we make it Chairman.

VerDate Mar 15 2010 11:26 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR07\H30JY7.000 H30JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 30, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 15 21325 COMMITTEE ON OVERSIGHT AND COMMITTEE ON FOREIGN AFFAIRS, That is why I’m pleased we are bring- GOVERNMENT REFORM, Washington, DC, July 30, 2007. ing this important legislation to the Washington, DC, July 27, 2007. Hon. BARNEY FRANK: floor today, the Darfur Accountability Hon. BARNEY FRANK, Chairman, Committee on Financial Services, and Divestment Act. Chairman, Committee on Financial Services, Washington, DC. Washington, DC. DEAR MR. CHAIRMAN: I am writing to you It requires the Secretary of the concerning the bill, H.R. 180, the Darfur Ac- Treasury to create a list of companies DEAR CHAIRMAN FRANK: I am writing to countability and Divestment Act of 2007. I that have a direct investment in or are confirm our mutual understanding with re- understand that there are certain provisions spect to the consideration of H.R. 180, the conducting businesses operations in of this legislation, as it will be presented to Darfur Accountability and Divestment Act. Sudan’s power, mineral, oil or military the full House, that fall within the Rule X equipment industries. As you know, on July 26, 2007, the Com- jurisdiction of the Committee on Foreign Af- mittee on Financial Services ordered H.R. fairs. It authorizes States and local mu- 180 reported to the House. The Committee on In the interest of permitting your Com- nicipalities to divest based on the Oversight and Government Reform (Over- mittee to proceed expeditiously to floor con- Treasury list or other lists to protect sight Committee) appreciates your effort to sideration of this important bill, I am will- them from lawsuits. consult regarding those provisions of H.R. ing to waive this Committee’s right to se- It amends the Investment Company 180 that fall within the Oversight Commit- quential referral. I do so with the under- Act of 1940 and the Employee Retire- tee’s jurisdiction and more specifically, standing that by waiving consideration of ment Income Security Act of 1974 to those sections involving federal contracting the bill, the Committee on Foreign Affairs rules. does not waive any future jurisdictional protect mutual funds and pension funds claim over the subject matters contained in from lawsuits if they choose to divest In the interest of expediting consideration the bill which fall within its Rule X jurisdic- from companies on the Treasury list. of H.R. 180, the Oversight Committee will tion. not separately consider this bill. The Over- And finally, fourthly, it prohibits the I would ask that you place this letter into sight Committee does so, however, with the U.S. Government from entering into or the Congressional Record when the Com- understanding that this does not prejudice renewing contracts with companies on mittee has H.R. 180 under consideration. the Oversight Committee’s jurisdictional in- Sincerely, that list. terests and prerogatives regarding this bill TOM LANTOS, I was very pleased, as I say, Mr. or similar legislation. Chairman. Speaker, with the chairman working in I respectfully request your support for the Mr. Speaker, I reserve the balance of a bipartisan manner with myself and appointment of outside conferees from the my time. Ranking Member BACHUS on the com- Oversight Committee should H.R. 180 or a mittee, and we agreed to make a num- similar Senate bill be considered in con- b 1245 ber of changes to the bill to address ference with the Senate. Mr. GARRETT of New Jersey. Mr. some of the concerns made from our I also request that you include our ex- Speaker, I yield myself such time as I side of the aisle. One of the specific change of letters on this matter in the Fi- may consume. changes that was made was calls on nancial Services Committee Report on H.R I rise today to join with the chair- countries around the world to take 180 or in the Congressional Record during man in support of H.R. 180, the Darfur similar steps with regard to the situa- consideration of this legislation on the Accountability and Divestment Act. House floor. tion. I’m increasingly concerned, I’m out- The section states: ‘‘It is the sense of Thank you for your attention to these raged in a sense, about the continuing matters. the Congress that the governments of atrocities in the Darfur region of all other countries should adopt meas- Sincerely, Sudan. Without question, the horrific HENRY A. WAXMAN, ures, similar to those contained in this Chairman. actions of the janjaweed militia and act, to publicize the activities of all the Sudanese Government must imme- persons that, through their financial diately end. And the nations of the COMMITTEE ON FINANCIAL SERVICES, dealings, knowingly or unknowingly Washington, DC, July 27, 2007. world must speak in unison against enable the Government of Sudan to Hon. HENRY A. WAXMAN, this genocide, and that is what it is, a continue to oppress and commit geno- Chairman, Committee on Oversight and Govern- genocide. cide against people in the Darfur re- ment Reform, House of Representatives, Hundreds of thousands of civilians gion and other regions of Sudan, and to Washington, DC. have been killed, many of them in par- authorize divestment from, and the DEAR CHAIRMAN WAXMAN: Thank you for ticularly brutal ways. Another esti- avoidance of further investment in, the your letter concerning H.R. 180, the ‘‘Darfur mated 2 million in Darfur have been persons.’’ displaced refugees, plus hundreds of Accountability and Divestment Act,’’ which As the distinguished ranking member the Committee on Financial Services has or- thousands in Chad. This is a crisis that of the committee, Mr. BACHUS, has dered reported. The bill was also referred to must be addressed now and must be ad- noted, ‘‘Economic and financial consid- the Committee on Oversight and Govern- dressed on each and every front. ment Reform. This legislation will be consid- Unfortunately, the international erations are important, but in a loving ered by the House shortly. community, specifically in the United Nation can never be as justification for I want to confirm our mutual under- Nations, the U.N. has consistently complicity in genocide. Closing our fi- standing with respect to the consideration of failed in efforts to bring peace to this nancial markets to those who partici- this bill. I am pleased that our committees region. U.N. resolutions have lacked pate directly or indirectly in the have reached an agreement regarding mat- the teeth or failed to be implemented, slaughter of innocent human beings is ters within the jurisdiction of the Oversight well within our ability and ought to be Committee, specifically those involving fed- and that is because of the Security Council members such as China and a bedrock principle. America is a lov- eral contracting rules. I appreciate your co- ing Nation, and allowing our financial operation in moving the bill to the House Russia as they continue to stall the floor expeditiously. I further agree that your progress. markets to be utilized by an evil re- decision not to proceed on this bill will not So as the U.N. slowly moves towards gime which conducts religious and ra- prejudice the Committee on Oversight and a real peacekeeping force, other groups cial genocide is inconsistent with our Government Reform with respect to its pre- are being forced to pull out because of values and principles.’’ rogatives on this or similar legislation. I violence in the region. Thus, recently, With that, Mr. Speaker, I reserve the would support your request for conferees in balance of my time. the event of a House-Senate conference. OxFam announced in June that they will have to pull out of the largest GENERAL LEAVE I will include this exchange of correspond- camp in Darfur, where more than Mr. FRANK of Massachusetts. Mr. ence in the Congressional Record during the consideration of the bill. Thank you again 130,000 people have found shelter; and Speaker, first I ask that all Members for your assistance. without a way to protect humanitarian have 5 legislative days to revise and ex- BARNEY FRANK, aid flowing into the area, thousands tend their remarks and include extra- Chairman. more will face starvation. neous material.

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The SPEAKER pro tempore. Is there Zollmann, BVM, Peggy Nolan, BVM, this bill, and also Congressman DON objection to the request of the gen- Leadership Team of the Sisters of PAYNE, FRANK WOLF and Senator tleman from Massachusetts? Charity, BVM Dubuque, Iowa; Hilary O. BROWNBACK for testifying at the com- There was no objection. Shelton, Director, NAACP Washington mittee when this bill was heard. Mr. FRANK of Massachusetts. Mr. Bureau; Sr. Elizabeth Rogers, Justice And, lastly, let me just commend and and Peace Representative, North Speaker, I would like to inject into the American Province of the Cenacle Sis- thank our great Speaker, Speaker RECORD at this point a letter from 41 ters; Eddie L. Koen, Jr., National NANCY PELOSI, for her tremendous national organizations, the Save Chair, National Black Law Students leadership, and also our majority lead- Darfur Coalition, strongly supporting Association; Rev. Dr. Bob Edgar, Gen- er, STENY HOYER, for making sure that this legislation. eral Secretary, National Council of our caucus works in a bipartisan fash- Washington, DC, July 30, 2007. Churches; Martina W. Knee, Member, ion to keep this issue alive. DEAR MEMBER OF CONGRESS: We write to Executive Committee, San Francisco Thirteen years ago, the world stood request your vote in favor of H.R. 180, the Bay Area Darfur Coalition; Andrea by as nearly 1 million people were Darfur Accountability and Divestment Act, Schuver, Co-chair, Save Darfur of slaughtered in the genocide in Rwanda, which is ‘‘under suspension’’ and scheduled South Palm Beach; Julie Driscoll, SCN, and the best our country could do then for a floor vote on Monday, July 30th. Vice-President, Sisters of Charity of was to apologize for failing to act after Three years ago this month the United Nazareth; Sister Marilyn Gottemoeller, Sisters of Mercy, Regional Community the fact. Many of us swore that another States Congress recognized the crisis in Rwanda would never again take place Darfur, Sudan as genocide. Today, the esca- of Cincinnati; Diana Oleskevich, CSJA, lating violence in the region demands that Justice Coordinator, Sisters of St. Jo- on our watch, but it is happening Congress take decisive action. seph of Carondelet and Associates; Sis- again. Together our organizations represent con- ter Catherine Marie Kreta, CSJ, Jus- Three years ago last week, on July cerned Americans from all states and of tice Coordinator, Sisters of St. Joseph 22, 2004, under the leadership of our many faiths—Darfur advocates and Amer- of Carondelet—Los Angeles Province; good friend Congressman DON PAYNE, ican citizens from across the political spec- Sister Patricia Murphy, CSJ, Sisters of Congress finally formally declared the trum working together to end the genocide. St. Joseph of Carondelet—St. Louis genocide was taking place in Darfur. We strongly endorse the spirit and sub- Province; Sister Marge Wissman, Sis- Today, the genocide is getting worse. I stance of H.R. 180 and encourage its quick ters of St. Francis, Oldenburg, IN; have witnessed this horror on three oc- passage. This legislation will be a powerful Scott Warren, Director, STAND: A Stu- action to put much-needed economic pres- dent Anti-Genocide Coalition; Gabriel casions in Darfur; and let me tell you, sure on Sudan with the goal of stopping Stauring, Co-Founder, Stop Genocide it is getting worse. genocide. Thank you for your consideration Now; Adam Sterling, Director, Sudan Mr. Speaker, many of us in a bipar- of this legislation. Divestment Task Force; Rob Mosher, tisan effort have spoken out repeatedly Sincerely, Director, Government Affairs, U.S.-Ar- on the floor over the last three years in Bill Wasserman, Executive Director, menia Public Affairs Committee; Dr. condemnation of the ongoing genocide Save Darfur Coalition; Jason F. Geoff Tunnicliffe, International Direc- in Darfur. These efforts have only in- Isaacson, Director, Government and tor/CEO, World Evangelical Alliance; tensified as we have sought to use each International Affairs, American Jewish Czerina Patel, Executive Director, and every tool at our disposal to bring Committee; Ruth Messinger, Executive Yenza: Building Bridges, Spotlighting this genocide to an end. Director, American Jewish World Serv- Success and Amplifying Voice in Afri- In April, we passed a resolution urg- ice; Bryan Ardouny, Executive Direc- ca. ing our friends in the League of Arab tor, Armenian Assembly of America; Mr. Speaker, I yield 6 minutes to the Gedlu B. Metaferia, Executive Direc- States to exert their influence on the main sponsor of the bill, as I said, the Government of Sudan. tor, African Mutual Assistance Asso- gentlewoman from California (Ms. ciation of Missouri; Sylvia Oliva, Clerk In May, we called on the Defense De- of Peace and Social Concerns Com- LEE), who as a member in the last term partment to examine the rehabilita- mittee, Annapolis Friends Meeting, Re- of both the Foreign Affairs and Finan- tion of the Abeche airfield in Chad to ligious Society of Friends; Aram cial Services Committees was very support expanded humanitarian oper- Hamparian, Executive Director, Arme- well-suited to push this and continues ations in Darfur. nian National Committee of America; to be a very strong supporter of it. And in June we passed another reso- Daniel S. Mariaschin, Executive Vice Ms. LEE. Mr. Speaker, let me begin lution urging the Chinese to leverage President, B’nai B’rith International; by thanking my friend and colleague, their very unique influence with Sudan Raj Purohit, Senior Fellow, Citizens the chairman of the Financial Services to help end the genocide. for Global Solutions; Imelda Gonzalez, Committee, Congressman FRANK, for Today, we take another very impor- General Councilor, Congregation of Di- his tremendous leadership. Not only vine Providence; Rabbi Marla J. Feld- tant step forward by passing H.R. 180. man, Director, Commission on Social did you help us move this bill forward, This is bipartisan legislation which Action of Reform Judaism; Bakheit but you helped, quite frankly, to make would support the growing grass-roots Shata, Founder/Executive Director, it a much better bill. So I want to movement to divest from companies Darfur Community Organization, thank Congressman FRANK, also your doing business in Sudan. Omaha, NE; Shirley Bodisch, OP, Do- staff, Daniel McGlinchey, Jim Segal Organizations led by young people minican Sisters; Anita Sharma, Execu- and Katie Lavelle for working with us like STAND and the Save Darfur Coali- tive Director, ENOUGH: a project to over the last few months to craft this tion have been in the forefront of suc- end genocide and crimes against hu- bill. cessful student divestment campaigns manity; Eric Cohen, Chair, Also let me just thank and recognize across the country to pressure the FidelityOutOfSudan.Com Campaign; Congressman LUIS GUTIERREZ, who Mark Hanis, Executive Director, Geno- Khartoum regime to end the genocide cide Intervention Network; Nina chairs the subcommittee, for his sup- in Darfur, and we do owe them a debt Schwartz, Vice President, Help Darfur port and assistance. of gratitude. Now; Lisa Stenchever, Education Coor- In addition, I must thank the Sudan To date, over 54 universities, 19 dinator, Holocaust Museum and Study Divestment Task Force and its staff States and 9 cities have passed divest- Center; Steve Gutow, Executive Direc- and especially my staff, Lauren Jen- ment legislation to pull State and local tor, Jewish Council for Public Affairs; kins and Christos Tsentos, as well as funds out of companies that conduct Rabbi Shawn Zevit, Director of Exter- Sam Bell and Aysha House-Moshi, for- business with Sudan. nal Affiliations and Tikkun Olam, Jew- merly of my staff, who really helped Throughout our country, our con- ish Reconstructionist Federation; Sr. me and helped the groups around the stituents are standing up and demand- Sheila Kinsey, OSF, Leader, Justice, country come together to put this bill ing that their hard-earned money not Peace & Integrity of Creation Office Wheaton Franciscans, Wheaton, Illi- together. be used to support a pariah government nois; Marie Lucey, OSF, Associate Di- And let me thank our ranking mem- that is killing its own people. rector for Social Mission, Leadership ber of the committee for his early lead- My bill would authorize and support Conference of Women Religious; ership, Congressman BACHUS, as well as States, local governments, univer- Joellen McCarthy, BVM, Mary Ann Congressman GARRETT, a cosponsor of sities, mutual funds and pension plans

VerDate Mar 15 2010 11:26 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR07\H30JY7.000 H30JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 30, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 15 21327 that choose to divest from companies rights and the security crisis in Darfur. and local government pension funds to doing business in Sudan. We read about it in the papers. We saw avoid directly or indirectly supporting At the same time, we would prohibit the images on television. We heard genocide in Darfur. Divestment cam- the Federal Government from renewing about it from humanitarian groups in paigns of this nature have drawn criti- or signing contracts with multi- the region, and some of us have now cism by some who fear that they inap- national companies doing business even seen it with our own eyes. propriately violate the sanctity of U.S. with Sudan. These businesses and in- It was believed that, by making such markets. dustries are in the mineral and oil and a bold declaration, other responsible It is true divestments should not be military equipment industries. We nations would feel compelled to join taken lightly. But in the case of geno- want them to stop propping up this the United States in taking firm action cide, we are bound by conscience and genocidal regime. to halt this senseless slaughter of inno- overarching U.S. values to do all that As we pursue divestment, we must cent civilians in this far off place, but is within our power to intervene. Hav- also continue to support the rapid and here we are 3 years later and the car- ing served as witness to this catas- unconditional deployment of the nage in Darfur continues. trophe, I have no hesitation in sup- United Nations and African Union Hundreds of thousands have been porting the cause of divestment. forces, along with free and unfettered killed, over 2 million others have been In fact, it gives me great pride to say access for groups providing humani- forced from their homes. Entire vil- that in my own district, south Florid- tarian assistance. And we must con- lages have been razed, crops and wells ians have joined in this humanitarian tinue to urge all parties to lay down destroyed, and countless young women effort. It is time to stop funding the their arms and come to the table to ne- and girls raped. And here we are again war machine in Sudan. Adoption of gotiate a political solution. forced to go it alone, for the sake of this legislation today will no doubt put Every day we wait, killings, the the victims of genocide in Sudan. us at odds with a number of our allies, rapes, the starvation, the dislocation, Currently, the U.N. Security Council with members of the U.N. Security they all continue. is once again held hostage to the Council, and those with significant eco- This genocide is happening on our search for consensus. Council members nomic interest with Sudan, such as watch. But this time, working together are engaged in a senseless debate over China. in a bipartisan coalition, we have the the latest resolution on Darfur, fight- Our labeling of the atrocities in will and determination and the where- ing over whether deploying a truly ca- Darfur as genocide also put us at odds withal to stop it. It worked with the pable peacekeeping mission, with a with others. But their indifference did racist apartheid regime in South Afri- chapter 7 mandate to protect civilians, not deter us in 2004, and it must not ca, and it can work with the genocidal violates the so-called sovereignty of a deter us now. I urge my fellow Mem- regime in Sudan. genocidal regime. bers to take a stand today on behalf of Not on our watch. Save Darfur, as Several of my colleagues and I trav- the people of Darfur and to support the Save Darfur Coalition so passion- eled to the United Nations last week as this important legislation. ately has said; and, today, I hope that part of a delegation led by our major- Mr. FRANK of Massachusetts. the House of Representatives will say ity leader, STENY HOYER. We focused Madam Speaker, I thank the gentle- the same thing by passing H.R. 180. our efforts on securing support for im- woman from Florida, who has been a Again, I want to thank the Financial mediate action by the United Nations, leader on human rights. Also, I should Services Committee, and I must thank but we cannot afford to continue to say that I am very proud of the bipar- again Congressman FRANK for really wait. tisan cooperation we have had in the making sure that what we intend to do I cannot forget the faces of the chil- Financial Services Committee on this. we will do. And I want to thank Con- dren and the families in the camps that Madam Speaker, I yield 3 minutes to gressman FRANK again for making this I visited in April. Their eyes spoke vol- one of the other main coauthors of a much stronger bill. We’ve worked on umes, piercing through our souls, this, the gentleman from California this for a couple of years, and I tell you clamoring for the world to help them. (Mr. SHERMAN) working together in a bipartisan fash- It is, therefore, time once again to Mr. SHERMAN. I thank the gen- ion we will end this horrific genocide in take bold action in the hope that it tleman for the time. Darfur will finally compel the murderous re- Madam Speaker, we have already Mr. GARRETT of New Jersey. Mr. gime in Khartoum to simply end this banned U.S. companies from con- Speaker, I yield such time as she may madness. We need to send a clear mes- ducting business operations in Sudan. consume to the gentlewoman from sage to Khartoum that we are not Now we need to enlist American inves- Florida (Ms. ROS-LEHTINEN), ranking fooled by their half measures and delay tors to change the behavior of foreign- member of the Foreign Affairs Com- tactics and that we are serious about based multinationals, to make it clear mittee. ending this conflict. And to do so we that they cannot have the capital of Ms. ROS-LEHTINEN. Mr. Speaker, must speak in language that they will well-meaning Americans and the sup- I’m proud to support the bill before us, surely understand, the language of eco- posed benefit of cozying up to the gov- H.R. 180, the Darfur Accountability and nomic interests. ernment in Khartoum. Divestment Act. The way to do this, the way to It was 3 years ago this month, Mr. b 1300 change the behavior of the Government Speaker, that Congress passed the his- This Sudanese regime has proven of Sudan, is to change the behavior of toric resolution declaring that geno- time and time again that it responds multinational corporations. The way cide was occurring in the Darfur region only to real pressure. The only true le- to change the behavior of multi- of western Sudan. This was the first verage we have is to strike at their national corporations is to change time in the history of this body that economic interest. H.R. 180 does ex- American investment policies. genocide was declared as the atrocities actly that. It requires that the Sec- Scores of private organizations in were occurring. retary of the Treasury publish and this country, including the University The decision to evoke the word maintain a list of companies or enti- of Southern California, have already ‘‘genocide’’ at that time was not taken ties whose business dealings directly divested; some 19 States have already lightly, but the evidence of vast benefit the regime in Khartoum. It en- adopted divestment policies. This bill slaughter, aerial bombardments and ables State and local governments to helps divestiture in two ways. First, it forced displacements targeted against divest from those companies and pro- provides some critical guidance to the African tribes in Darfur left us vide safe harbor to fund managers who those who want to divest. Those who with little choice. do divest. want to divest are faced first with the No one could claim that they did not In essence, this allows the contribu- issue of what standards to apply: Do I understand the gravity of the human tors to and the beneficiaries of State want to divest in any company that

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It’s amazing, this suspension It is a tool that must be used spar- fies the key investment sectors of the calendar has so many big bills. The ingly, but given the abhorrent crimes Sudanese economy that government re- chairman of the Financial Services that continue to be committed against lies upon. It draws the line that estab- Committee points out this is important the Darfuri people, I believe it is a lishes a clear standard. Others may de- legislation that we are discussing. It most appropriate act. part from that standard and have an may be on the suspension calendar, but The bottom line, as this legislation absolute rule: I don’t want to invest in that’s only because there is unanimity. states, is that no American should anything, any company doing business There is a feeling on both sides of the have to worry that his or her invest- in Sudan. But this bill provides guid- aisle, Republican and Democrat, House ment or pension money was earned in ance to those who want one. and Senate, supporting these bills, as support of genocide. Second, the issue is which companies well as the White House. I urge all Members to vote for H.R. do I not want to invest in. Here the bill We will be dealing with the Darfur 180 and continue our efforts and com- provides a list published by the Sec- Accountability Divestment Act of 2007, mitment to end violence in the Sudan. retary of the Treasury of those compa- the Iran Sanctions Enabling Act of I want to say, in closing, that we are nies violating the standards identified 2007. We are going to be expressing a going to have to consider even more in the bill. sense of the House of Representatives significant acts. One is sanctions, but As the chairman of our committee that the Government of Japan should we may need to consider a no-fly zone, points out, investors already have the formally acknowledge, apologize and and, frankly, working with others, right to divest. They shouldn’t wait for accept historical responsibility in a military force. Obviously we have to us to pass this bill. The fiduciary duty clear and unequivocal manner for its use our military sparingly, given their to protect one’s beneficiaries is en- Imperial Armed Force’s coercion of overuse in Iraq and Afghanistan, but hanced if you divest from those busi- young women into the sex trade. We can we expect that the African Union nesses doing business in Sudan, be- are going to be urging the Government can do more than send 7,000 troops? We cause investing in terror is bad busi- of Canada to end the outrageous com- should be willing to pay for that, and ness and the sign of bad management; mercial sea hunts. We will be amending we are. it exposes a corporation to the Iran Sanctions Act, and we will Can we expect that Europe should be reputational risk. have a Belated Thank You to the Mer- willing to step up and take action? Likewise, our cities and States have chant Mariners of World War II Act, They are rarely willing to, but in this the right to decide for themselves how these brave men, in particular, and case, I think we should expect they to invest their money. But even if you women, who basically risked their lives should, especially given their minimal buy the constitutional view, and I going back and forth to Europe and role in Iraq and even their less than don’t, that they can only divest when haven’t gotten the recognition they de- full participation in Afghanistan. consistent with American foreign pol- serve. Can we expect NATO to step up? That icy, you don’t have to wait for this bill. But let me speak specifically to involves the United States. Why not? Sudan is on the terrorism list. There is Darfur. I rise in support of H.R. 180, And that at the very end, if nothing no clearer statement of American for- which supports State, city and univer- else happens, the U.S. eign policy that we want all Ameri- sity efforts to divest funds or restrict I was in Darfur in August of 2006, cans, and all cities, counties and investment in companies that conduct meeting with the governor of Northern States, to join with the Federal Gov- business operations in Sudan. Darfur. He was somewhat disturbed by ernment in carrying out the Federal First, let me say I have tremendous the killings going on in his own coun- policy to put economic pressure on the respect for all those who have worked try. But when I suggested that we government in Khartoum. to raise awareness of this important might need to take other action like a So I hope people will act now. To issue, student groups and faith-based no-fly zone, he was indignant. He was some extent, what this bill does in organizations, especially from the Afri- outraged. He couldn’t accept it. That stating that fiduciaries are free to di- can-American, Jewish and Armenian got his attention. He wasn’t particu- vest is simply provide an end to an ex- communities have done a wonderful larly concerned that his own people cuse. They don’t need the excuse. They job, a really outstanding job of edu- were killing each other with, frankly, ought to divest cating their fellow citizens and law- the consent of its own government, but Mr. GARRETT of New Jersey. Mr. makers about the crisis and the need to he was outraged to think that outside Speaker, I yield myself 30 seconds. respond. governments might come in and stop I begin by saying that over the last In addition, this body owes a debt of it. couple of years there have been mul- gratitude to Representative BARBARA We will have to deal with that out- tiple genocides that occurred under the LEE, Representative FRANK WOLF, rage. We have to stop the killing U.N.’s watch. There was Bosnia, Rwan- Chairman TOM LANTOS and Chairman Mr. FRANK of Massachusetts. Mr. da and now Darfur. Each time the U.N. BARNEY FRANK, Ranking Member Speaker, I yield 21⁄2 minutes to a mem- has failed to take appropriate action. ILEANA ROS-LEHTINEN, and Ranking ber of the committee who has been Each time it is because of political and Member Mr. BACHUS and others who working hard on this, the gentleman economic pressure. have kept the genocide of Darfur in our from North Carolina (Mr. MILLER). When the current situation arose in forefront and consciousness. Mr. MILLER of North Carolina. Mr. Darfur, the best that we could get out The world collectively agreed to Speaker, I also rise to support this leg- of the U.N. and then-Secretary General never again allow genocide after the islation to treat the monstrous Bashir Kofi Annan was, at the anniversary of Holocaust and again after the mass regime in the Sudan like the pariah it Rwanda, simply a statement on the murders of Rwanda in 1994. Tragically, deserves to be. I also visited the Sudan floor of that anniversary and a moment genocide is taking place, and the in April as a member of a congressional of silence and the pledge this shall United States must take all reasonable delegation led by Majority Leader never happen again. Unfortunately, it steps to end the killing. STENY HOYER. Ms. LEE, the author of has happened again. That is why we are The United States has made a tre- this important legislation was a mem- here today. mendous commitment to the people of ber of that delegation, as was Ms. ROS-

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LEHTINEN, who just spoke a few min- to 90,000 that belongs to the people of are, I’m not involved in it, but there utes ago. Darfur. ought to be a rollcall vote because they I returned from the Sudan even more The previous speaker just said the will look to see. One, it will be inter- convinced that we must not waiver in U.N. failed. Wow, the U.N. failed so esting to see if anyone votes ‘‘no’’ on our effort to end the genocide in much. The U.N. failed in Srebeniza. it, but secondly I think the Chinese Darfur. The Bashir regime, just last They stood by and allowed the Serbs to will look, the Bashir will look, the week, again rejected a draft United Na- come in and commit genocide in Khartoum government will look, and tions resolution to deploy a joint Srebeniza. The U.N. failed. And Kofi lastly the people in the camps will find peacekeeping force to use all necessary Annan, who was really head of U.N. out that the United States Congress means to end the violence in Darfur, to peacekeeping, and he failed while he has done something to really make a end the killing, to secure order. just stood by and allowed the genocide difference. The Bashir regime has repeatedly to take place in Rwanda. Kofi Annan Mr. FRANK of Massachusetts. Mr. called an international force an affront and the U.N. failed and history has to Speaker, I yield myself 10 seconds to to their sovereignty. The Bashir re- show it. It has to show that the people say we agree with the gentleman from gime has forfeited their sovereignty, at the U.N. failed to deal with this Virginia. There will be a rollcall. their claim to sovereignty, by commit- issue of genocide. Among the people who we hope will ting genocide, by sponsoring genocide When Senator BROWNBACK and I were look at it are the few right across the against their own people. In the last 4 there with the first group, we came hall there. We do plan to have a roll- years, 400,000 to 450,000 people have back and asked Kofi Annan to go. He call. been killed in Darfur; 2.5 million people had not actually been there before. Secondly, I just want to say that peo- have abandoned their homes to seek This has been a failure. And because of ple have commented on the over- refuge from the violence; 4 million rely Congresswoman LEE and Chairman whelming support, but this could have on food assistance. FRANK and others coming to dem- been more divisive, and the staffs of The Bashir regime’s claim of sov- onstrate the United States is com- both Democrats and Republicans on ereignty is a flimsy legalism in the mitted to doing something that can our committee, Chris Tsentas of Ms. face of the atrocities in Darfur. This really make a difference and not just a LEE’s staff and others worked very legislation will hold up for public resolution that calls something some- hard together shame the companies that invest in the thing and nothing ever happens. Mr. Speaker, I now yield the remain- Sudan or conduct business with the The Chinese have failed. We cannot ing time to the gentleman from Amer- Sudan that will seek profits, even in hide the fact. Every time you purchase ican Samoa (Mr. FALEOMAVAEGA). the face of the genocide in Darfur. a piece of furniture or food or whatever The SPEAKER pro tempore. The gen- Sixty years ago, as the enormity of and it says ‘‘Made in China,’’ this is the tleman is recognized for 21⁄4 minutes. the Holocaust sank in, humanity prom- government that has helped bring you Mr. FALEOMAVAEGA. Mr. Speaker, ised never again. But the world has let the genocide in Darfur. Their Olympics I find it very difficult for me to follow genocide happen again and again, most in 2008 will be a monument to their such a most eloquent speech that was recently in Rwanda. Kofi Annan, then- genocidal activity and effort. Period. given by my good friend from Virginia, Secretary General of the United Na- Period. They’ve even hired people to a true champion of human rights, and tions, admitted that the world failed put on a good show similar to what as cochair of our Human Rights Caucus the people of Rwanda. I refuse to fail Nazi Germany did, Hitler did, in the also with the gentleman from Cali- the people of the Sudan, of Darfur, as Olympics in the thirties. They could fornia, the chairman of our House For- we failed the people of Rwanda. I am have singlehandedly stopped the geno- eign Affairs Committee, Mr. TOM LAN- determined to keep the promise of 60 cide. The President of China went to TOS. years ago. Never again. Sudan and we all thought that he was I want to thank the chairman of our Mr. GARRETT of New Jersey. Mr. going to announce that he had put Financial Services Committee, Mr. Speaker, I yield 5 minutes to a cham- pressure on the Sudanese government. FRANK, for his leadership and for intro- pion of the fight for human rights, the He announced that he was building ducing as well as following closely the gentleman from Virginia (Mr. WOLF). them a new palace. China, after the way that we have now come about in Mr. WOLF. I thank the gentleman. Government of Sudan, is the number bringing this very important legisla- Mr. Speaker, I rise in support of the two country responsible, history will tion for consideration by Members of Darfur Accountability and Divestment show, responsible. this body. I would be remiss if I did not Act. I want to thank Congressman LEE Lastly, because of the efforts of Con- also express my sincere appreciation to for her leadership in this effort; also gresswoman LEE, hopefully now all of one of our former senior members of Chairman FRANK for his effort to move the Governors and the State legisla- our Foreign Affairs Committee who is this thing and not just talk about it, tures, including my own, which did it no longer with us, the gentlelady from but actually get it out; also Congress- in the Senate but not in the House, will California, Ms. BARBARA LEE, for her man BACHUS and Congresswoman now feel released and there will be no leadership and for her sensitivity espe- ILEANA ROS-LEHTINEN for their effort. excuse to pass these, the same way cially to the problems we are faced that the State of New Jersey did under with in Darfur. I thank also my good b 1315 the leadership of Don Payne and the friend, the chairman of our Africa sub- I also want to thank all of the young people there. The same way that Cali- committee of the Foreign Affairs Com- students around the country who have fornia did. The same way that Illinois mittee, Mr. DON PAYNE, who I know participated in this whole disinvest- did. Many States have been reluctant. has also been working very closely in ment thing. When the whole tide was They have looked for excuses to find crafting this legislation. My good running against them, they went out. This legislation takes away all the friend, the ranking member of our For- against the tide, and this language, excuses and hopefully this time next eign Affairs Committee, Ms. ROS- this legislation, will enable them now year after all the legislatures have had LEHTINEN, and I know our chairman of to move. an opportunity to act, there will be a the Foreign Affairs Committee both Genocide continues. 400,000 to 450,000 rollcall and all 50 legislatures will have support it and I thank them for their have died. There are 2.5 million in participated and made this State law leadership in bringing this legislation camps, many in Chad. Now, the Suda- whereby the disinvestment takes place for consideration. nese government, I heard on Friday, around the world. Mr. Speaker, over 400,000, 450,000 men, are giving the right for people in Chad Again, I thank Congresswoman LEE. I women and children, especially chil- to come back, not Sudanese but people thank the gentleman from New Jersey. dren, are already dead in the event of from Chad, to come in and take over There ought to be a rollcall vote on the atrocities that have been com- much of the land, some of the land, up this. I don’t know what the intentions mitted against these people in Darfur

VerDate Mar 15 2010 11:26 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR07\H30JY7.000 H30JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 21330 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 15 July 30, 2007 and over 2 million refugees. According 15 additional vehicles were looted, and gun- home State of Texas is one of the growing to the Associated Press report just this men raided 6 humanitarian compounds. In the numbers of States, cities, and universities to month, it says, the United Nations 12 months preceding April 2007, the number approve divestment. At last count, 9 cities, 16 Human Rights Committee, in its first of humanitarian relief workers in Darfur de- States and 54 universities had passed legisla- overall review of Sudan’s record in a creased by 16 percent, largely due to security tion to ensure that their money does not go to decade, said that systematic murder, concerns, restriction on access, and funding finance the slaughter of innocent people in rape, forced evictions and attacks limitations. The flow of humanitarian aid has Darfur. In addition, numerous religious organi- against civilians continue to be com- been severely threatened by the escalating vi- zations, as well as countless individuals, have mitted with total impunity throughout olence in the region. divested. Since the Sudan divestment move- the Sudan and particularly in Darfur. Divestment is one solid and easy way that ment began, companies including HC Heli- That’s a fact. And what are we doing individuals, organizations, businesses, univer- copter, ABB, Siemens, Rolls Royce, and about it? I think this legislation helps sities, cities, and states can not only make a Schlumberger have halted or significantly al- move in that right direction, and I strong statement against genocide, but can tered their operations in Sudan. can’t think of a better person, a leader actually act to halt the killing in Darfur. This Divestment represents the leverage that or- in our Chamber here, Ms. LEE, for tak- legislation supports state, city, and university dinary citizens and individual activists, as well ing the leadership in this important efforts to divest funds from, or restrict invest- as States, cities, universities, and other orga- legislation, as it was in her prede- ments in, companies that conduct business nizations, have to influence the Sudanese cessor, our good friend Mr. Dellums operations in Sudan. It directs the Securities government. It is the answer to the question from California and his leadership in and Exchange Commission (SEC) to require that so many of us active in the fight to end presenting the importance of the role all companies trading in registered securities genocide in Darfur hear too often: ‘‘What can sanctions can play in situations that that conduct business operations directly or I, as an individual, do in the face of such over- the global community should make through parent or subsidiary companies in whelming and ongoing tragedy?’’ better efforts to support to get rid of Sudan to disclose the nature of such oper- Mr. Speaker, the American people do not this terrible problem that we find our- ations, and the Government Accountability Of- support genocide in Sudan; their money selves with in Darfur. fice (GAO) to investigate the existence and should not support these atrocities either. I Mr. GARRETT of New Jersey. Mr. extent of such companies’ Federal Retirement strongly urge my colleagues to join me in sup- Speaker, just a concluding point, with Thrift Investment Board investments. The port of this important legislation. the need for us to take initial move- State of Texas is one of a few states that has Mr. JACKSON of Illinois. Mr. Speaker, I rise ment on this but also to look for the moved to divert from Sudan. The time to act in strong support of H.R. 180, the Darfur Ac- rest of the world community to become is now. People are dying. I will be going to countability and Divestment Act of 2007, and involved. Sudan soon to visit the people of Darfur—we I want to congratulate my good friend from It was just last year when U.N. Dep- will visit aide workers and review the status of California, Ms. LEE, on producing the bill be- uty Secretary-General Mark Malloch the U.N. Peacekeepers and the status of fore us today. Brown said with regard to Darfur on water and nutrition among the already brutal- H.R. 180 would put much needed pressure this point: ‘‘And yet what can the U.S. ized Darfurians. Again we must act to save on the Government of Sudan by, (1) prohib- do alone in the heart of Africa in a re- lives now. iting the U.S. Government from entering into gion the size of France? In essence, the This legislation also prohibits U.S. govern- contracts with companies fueling the genocide, U.S. is stymied before it even passes ment contracts with companies that conduct (2) authorizing states to divest from the worst Go. It needs a multilateral means to business operations in Sudan, with exceptions offending companies in Sudan, and (3) author- address the Sudan’s concerns.’’ I be- for companies with activities in southern izing states to prohibit contracts with compa- lieve that is true, but this is the first Sudan, related to the implementation of the nies fueling the genocide. This bill is nec- step in that direction. 2006 Darfur Peace agreement, those pro- essary because states deserve protection for With that, I once again thank the viding military equipment to the African Union acting as responsible and moral market par- gentlelady from California and the or the U.N. in Darfur, and those providing hu- ticipants. Furthermore, this legislation does not chairman as well for their work to- manitarian aid. Targeted financial policies of affect American companies, and its provisions gether in a bipartisan manner on this this sort ensure that they will have the max- would expire once the genocide has ended. legislation imum impact on the government of Sudan, In 2004, I traveled to Darfur to see this dev- Ms. JACKSON-LEE of Texas. Mr. Speaker, while minimizing any negative effect on inno- astation first hand. I was shocked and ap- I rise today in strong support of H.R. 180, the cent Sudanese civilians. palled at the level of human suffering. As the Darfur Accountability and Divestment Act of While U.S. law already prohibits American vice-chair of the Foreign Operations Appro- 2007, introduced by my colleague Ms. LEE of companies from directly operating in Sudan, priations Subcommittee, I have tried to im- California, of which I am a co-sponsor. they may still invest in foreign companies op- prove conditions in Darfur with humanitarian Mr. Speaker, Darfur, where the fIrst geno- erating in Sudan, including many that are di- aid and peacekeeping funds, but more must cide of the 20th century rages, remains the rectly involved in supporting the genocide. be done. worst humanitarian situation we face today. Americans who invest in these American com- This bill begins to do the things that our hu- Since the crisis began in 2003, an estimated panies are, without their knowledge, financing manitarian aid and our peacekeeping funds 400,000 people have been killed by the Gov- Sudan’s killing fields. As this bill explicitly can’t—address corporate and social responsi- ernment of Sudan and its Janjaweed allies. states, ‘‘No American should have to worry bility and put additional pressure on the Khar- Additionally, over 2,000,000 people have been that his or her investments or pension money toum government to end the genocide. displaced from their homes and livelihoods, was earned in support of genocide.’’ However, Again, I congratulate the gentlewoman for many of whom are still either internally dis- we must engage with China to encourage it to her legislation, and I strongly urge an aye vote placed within Darfur or are in refugee camps stop supporting actions in Sudan that lead to for H.R. 180, the Darfur Accountability and Di- across the border in Chad. Both the House of genocide. vestment Act. Representatives and the Senate declared that Divestment has historically proven an effec- Mr. RANGEL. Mr. Speaker, I rise today to the atrocities in the Darfur region of Sudan tive tool to alter unjust and persecutory poli- encourage my colleagues to support the constitute genocide in July 2004, and the cies. In 1986, it was targeted against compa- Darfur Accountability and Divestment Act of Bush administration reached the same conclu- nies that conducted business operations in 2007, H.R. 180. sion in September 2004. South Africa, and it played a critical role in The passage of this bill will require the iden- And yet, three years later, the humanitarian ending the apartheid regime. By the time free tification of companies that conduct business situation in Darfur continues to decline. As at- elections took place in 1994, large numbers of operations in Sudan and prohibit the United tacks on international aid organizations con- American States, counties, cities, and univer- States Government to contract with such com- tinue to mount, the numbers of humanitarian sities had adopted divestment policies. panies. The atrocities in Sudan have only con- relief workers active in the area are sharply Similarly, divestment has become an in- tinued to escalate. The U.S. Government must declining. During the first three months of creasingly popular option in the current case cut ties with a government that fails to address 2007, 21 humanitarian vehicles were hijacked, of genocide in Sudan. I am proud that my the genocide within its own boundaries. The

VerDate Mar 15 2010 11:26 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00025 Fmt 0688 Sfmt 9920 E:\BR07\H30JY7.000 H30JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 30, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 15 21331 Government of Sudan has not put any action countability and Divestment Act of 2007 of It was September 2004—almost three years to disarm the Janjaweed militia and is there- which I am a co-sponsor. ago—when then Secretary of State Colin Pow- fore equally responsible for the human rights Three years ago last week, Congress for- ell declared that the situation in Darfur could violations against Darfurians. mally declared that genocide was taking place be described in no other way than ‘‘genocide.’’ An estimated 450,000 people have been in Darfur. For many years now we have seen And yet today, millions of people have been killed, and 2 million people have been dis- the devastating atrocities taking place in the run off of their homeland. Children who should placed—234,000 of which have been forced Darfur region of Sudan. With the support of be in school, learning, are forced into armies. into neighboring Chad. Janjaweed soldiers the Sudanese Government, the Janjaweed mi- Women are raped and brutalized daily. Ref- continue to ride into villages stealing whatever litia has ravaged the people of Darfur, raping, ugee camps are overrun. For many, the situa- goods they can find, slaughtering men, torturing, murdering, and forcing hundreds of tion seems hopeless. women, and children along the way. These thousand of Darfuris to flee to refugee camps World leaders take the stage day after day soldiers systematically rape women and chil- in neighboring Chad and the Central African talking—calling for an end to violence. Enough dren, holding some as sex slaves for weeks at Republic. talking. It is clear the government of Sudan a time before releasing them. It is time that we begin to put in place legis- will not listen. Maybe the only way they will lis- Colleagues, we are in a position to help lation that will end this genocide. This legisla- ten is to hit them in their pocket book—and stop the carnage in Darfur. We must continue tion supports state, city, and university efforts that is exactly what we will do today. to pressure the Government of Sudan to stop to divest funds from, or restrict investments in, This bill will identify which companies are the massacre in Darfur. Enforcing economic companies that conduct business operations conducting business in Sudan—some would sanctions is a way to achieve this goal. I urge in Sudan. This is a positive first step in achiev- say at the expense of the Darfur people. Once you all, for the sake of humanity, to support ing this goal. these companies are identified, the U.S. Gov- the Darfur Accountability and Divestment Act. We saw the same devastation in Rwanda ernment will be prohibited from doing business We are not blind to the truth and we have a over a decade ago, and the American people with them. If the Sudanese Government won’t responsibility to do our part to alleviate this have made their voices heard on this issue listen to reason, maybe they will listen to the awful tragedy. vowing never again to remain silent when hu- sound of quiet cash registers. Mrs. CHRISTENSEN. Mr. Speaker, I rise in manity is threatened. We send a clear message that we will not A few months ago, an event was held in my forget the people of Darfur. support of H.R. 180, the Darfur Accountability congressional district regarding this issue. From small groups like ‘‘Dear Sudan, Love and Divestment Act of 2007. During the event it was noted that according Petaluma’’ in my hometown to larger relief or- I am proud to be a cosponsor of this impor- to www.darfurscores.com I was receiving a ganizations like UNICEF, we are committed to tant and timely legislation to authorize States grade of ‘‘C’’ in my support of ending the peace and to a future of hope. to divest from companies in Sudan, and to genocide in Darfur. While it may appear on Mr. SMITH of New Jersey. Mr. Speaker, as prohibit new federal contracts with companies the surface that I have not been supportive of a cosponsor of H.R. 180, The Darfur Account- doing business with the genocidal regime in these efforts, it is important that you know I ability and Divestment Act, I am pleased to Khartoum. Current estimates indicate that as am in total support of ending the genocide in see this bill brought before the full House and many as 450,000 people have been killed and Darfur. I urge all our colleagues to vote for its final over 2.5 million have been displaced due to I along with many of my Congressional passage. the ongoing genocide in the Darfur region of Black Caucus colleagues including DONALD The Darfur Accountability and Divestment Sudan. The security situation on the ground is PAYNE and BARBARA LEE were some of the Act is an important part of our ongoing efforts continuing to deteriorate and the violence is first members of Congress to speak out about here in Congress to influence, pressure and spreading to surrounding countries. this issue. During the last Congress, we spe- alter the conduct of the Sudanese regime, the As a member of the CBC and an African cifically addressed this issue with President government complicit in the genocide being American, I joined my colleagues in support of George W. Bush in a meeting asking him to perpetrated and abetted in Darfur. The deaths H. Res. 333, in the last Congress, to des- take immediate action. Additionally, I have co- of 450,000 innocent women, men and children ignate the weekend of July 15–17 as a Na- sponsored and voted in favor of legislation as and the displacement of 2 million others de- tional Weekend of Prayer and Reconciliation far back as the 108th Congress regarding this mand nothing less. for Darfur. The tragic and unforgivable/unfor- issue. Some of the bills I have supported in- H.R. 180 comes amidst recent reports of giving genocide occurring in Darfur is as sig- cluded a bill for the appointment of a Presi- additional population displacements of about nificant as acts of terrorism on which we are dential Special Envoy for Sudan and to pro- 12,000 households in West Darfur. Those who more focused. Over a million people, driven hibit companies that conduct business oper- are fleeing express fears of attacks by Suda- from their homes, now face death from starva- ations in Sudan from receiving government nese government forces in addition to general tion and diseases as the Government and mili- contracts. Most recently, I voted in favor of insecurity in that area. tias attempt to prevent humanitarian aid from legislation calling on the League of Arab Despite the Sudanese government’s an- reaching them. These acts of genocide, civil States and each Member State to acknowl- nouncement that it will accept a proposed hy- terrorism, and inhumanity must stop! And the edge the Darfur genocide as well as signed brid UN-African Union peacekeeping operation legislation we are considering today will go a onto a letter to the China government asking in Darfur, it will take far more action on the long way in achieving this result. them to use their significant economic influ- part of the Bashir regime to convince me—and The Darfur Accountability and Divestment ence with the Government of Sudan to end I am certain my other colleagues here in the Act of 2007 requires the Secretary of the these crimes against humanity. House as well—that it is finally succumbing to Treasury to create a list of companies who While I understand that there may be some the world’s outcry for peace. Withdrawing have a direct investment in or are conducting gaps on paper with regard to my record on American investments, both public and private, business operations in Sudan’s power, min- this issue, trust that my support for ending the from Sudan will help to ensure that we get eral, oil, or military equipment industries. The genocide in Darfur has been unwavering. It is that government’s attention. list will be published in the Federal Register my hope that I will be able to work with the On August 1, 2005, my home State of New six months after enactment, and every six people of the 11th Congressional District and Jersey became the first State to divest from months thereafter. across this country to continue to let our Sudan. Earlier that year, Representative DON Many of our constituents are standing up voices heard on this issue. I encourage my PAYNE and I had sent a joint letter to State and demanding that their hard earned money constituents to contact me with your ideas and leaders encouraging this action. Our NJ law not be used to support a pariah government resources so we can continue to fight this in- directs the State Treasury to divest State pen- that is killing its own people. In passing H.R. justice against humanity. sion funds from foreign companies doing busi- 180 today we will be doing our part help pro- Ms. WOOLSEY. Mr. Speaker, I rise today in ness with Sudan until the Sudanese govern- tect the Sudan divestment movement at the support of H.R. 180, the Darfur Accountability ment stops the genocide that is ravaging that State level and to help it continue to grow. and Divestment Act of 2007. Congresswoman country. Eighteen other States have since fol- I urge my colleagues to support passage of LEE and Congressman PAYNE are to be com- lowed New Jersey’s lead and have adopted this bill. mended for their continued dedication to the divestment policies. Mrs. JONES of Ohio. Mr. Speaker, I rise people of Africa—and to the people of Darfur Mr. Speaker, as the Chairman of the Sub- today in support of H.R. 180, the Darfur Ac- in particular. committee on Africa, Global Human Rights

VerDate Mar 15 2010 11:26 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00026 Fmt 0688 Sfmt 9920 E:\BR07\H30JY7.000 H30JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 21332 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 15 July 30, 2007 and International Operations, I advocated eral Government over American businesses, genocide, and use this list to make investment forcefully for divestment provisions in the force this country into yet another foreign pol- decisions in their private lives. These people Darfur Peace and Accountability Act of 2006. icy debacle, and do nothing to alleviate the can then be assured that none of their money, Unfortunately, the Senate removed those pro- suffering of the residents of Darfur. By allow- whether through tax dollars or personal invest- visions prior to final passage of the bill. I am ing State and local governments to label pen- ments, is being used to support the genocide pleased that H.R. 180 revisits the divestiture sion and retirement funds as State assets, the in Darfur. issue and builds on those initial efforts in sev- Federal Government is giving the go-ahead for Many States, including Virginia, have also eral important ways. State and local governments to play politics looked at legislation to divest from these com- H.R. 180 requires that the Secretary of the with the savings upon which millions of Ameri- panies. H.R. 180 allows States and localities Treasury publish every six months a list of cans depend for security in their old age. The to divest from these companies without fear of companies that have a direct investment or safe harbor provision opens another dan- lawsuits charging that States are regulating are conducting business operations in Sudan’s gerous loophole, allowing fund managers to foreign policy. This will protect several States power, mineral, oil or military equipment indus- escape responsibility for any potential financial that have already taken the lead in divesting tries. The bill excludes several important cat- mismanagement, and it sets a dangerous in such companies, and States like mine that egories of companies, including those that are precedent. Would the Congress offer the are still considering this option on a State level dealing directly with the government of south- same safe harbor provision to fund managers will know they can do so without fear of legal ern Sudan or that are helping the marginalized who wish to divest from firms offering fatty charges. populations. foods, growing tobacco, or doing business in This legislation is fairly balanced and does Companies that are on the Treasury list will Europe? not require individuals or States to take action, not be able to enter into or renew contracts This bill would fail in its aim of influencing but protects them if they so choose. Further- with the United States Government. State and the Government of the Sudan, and would like- more this legislation would sunset these sanc- local governments may also authorize prohibi- ly result in the exact opposite of its intended tions when the genocide ends. I am proud to tions for those governments to enter into or effects. The regime in Khartoum would see no be a cosponsor of this legislation, and I urge renew contracts with these companies. The loss of oil revenues, and the civil conflict will my colleagues to vote in favor of this bill. bill further authorizes State and local govern- eventually flare up again. The unintended con- While I have never seen anything like what ments to divest based either on this list cre- sequences of this bill on American workers, in- I saw in Darfur, the situation is not completely ated by the Treasury or on a list that they cre- vestors, and companies need to be consid- hopeless. The humanitarian assistance the ate on their own, without risking a lawsuit by ered as well. Forcing American workers to di- United States is providing is helping millions of doing so. vest from companies which may only be tan- people in desperate circumstances. But we Perhaps most importantly, H.R. 180 pro- gentially related to supporting the Sudanese must continue to do more, and we must urge vides a safe harbor for mutual and pension government could have serious economic re- the international community to join with us to funds by allowing them to divest from compa- percussions which need to be taken into ac- bring an end to the genocide. Mr. Speaker, I nies on the Treasury list without risk of a law- count. look forward to continuing to work with my col- suit alleging that they are failing to invest in a Mr. GOODLATTE. Mr. Speaker, earlier this leagues to bring an end to this international manner that brings about the highest yield. All year, I had the opportunity to travel as part of crisis. of these measures will provide the practical a bipartisan Congressional Delegation to the Mr. HOYER. Mr. Speaker, the United States and legal foundation for our country to do war-torn nation of Sudan and see first-hand has many tools in its national security arsenal. one of the worst humanitarian crises in recent what is in our national tradition—to place the And one that is too often overlooked and times. As a nation dedicated to freedom and dignity of the human person and the well- under-utilized—despite the fact that it works— the rights of the individual, the United States being of our brothers and sisters, regardless is economic leverage. has a responsibility to speak out when those of where they live or their national or ethnic Today, it is long past time that the United rights are violated, whether at home or identity, above financial and commercial inter- States—and the international community— abroad. exert maximum pressure on the Sudanese ests. Last week I traveled with the same bipar- government to stop the suffering in Darfur, Promoting fundamental human rights and tisan delegation to the United Nations (U.N.) removing financial support from those who to press U.N. Secretary-General Ban Ki-moon where an estimated 200,000 to 400,000 civil- subsidize an abusive regime in Darfur is clear- for immediate U.N. action in Darfur. It is ap- ians have been slaughtered and 2.5 million ly in the best interests of the Sudanese people parent that the U.N. is not moving fast enough more have been driven from their homes. as well as our U.S. foreign policy. I urge my in ending this genocide. The entire world is The United Nations has identified the situa- colleagues to support The Darfur Account- watching the U.N. actions in Darfur. In the tion in Darfur as the worst humanitarian and ability and Divestment Act. past, the U.N. has not adequately handled human rights crisis in the world today. The Mr. PAUL. Mr. Speaker, H.R. 180 is pre- genocide in other countries, most recently in United States has labeled the killings there as mised on the assumption that. divestment, Rwanda, but this is an opportunity for the U.N. genocide. sanctions, and other punitive measures are ef- to aid millions of people and bring about a real We must not turn a blind eye to this horrific fective in influencing repressive regimes, when and lasting change. human suffering, which shocks our collective in fact nothing could be further from the truth. Many people share frustration with me that conscience. Thus, the United States must lead Proponents of such methods fail to remember the U.N. is not more effectively working to end the international community in turning up the that where goods cannot cross borders, troops the genocide in Darfur. These people, who, pressure on the Sudanese government will. Sanctions against Cuba, Iraq, and numer- like me, are deeply concerned and troubled by through an effective divestment campaign ous other countries failed to topple their gov- the deplorable situation in Darfur, want to similar to the one employed against South Af- ernments. Rather than weakening dictators, know what we can do to make a change in rica three decades ago. these sanctions strengthened their hold on Darfur. The Darfur Accountability and Divestment power and led to more suffering on the part of This legislation gives us the tools to apply Act—introduced by a leader on this important the Cuban and Iraqi people. To the extent that economic leverage against Sudan to encour- issue, Congresswoman LEE—seeks to utilize divestment effected change in South Africa, it age them to end the crisis in Darfur. H.R. 180, targeted divestment to exert further pressure was brought about by private individuals work- The Darfur Accountability and Divestment Act on the Bashir government in Khartoum. ing through the market to influence others. establishes a list of companies whose busi- This legislation requires the Treasury Sec- No one denies that the humanitarian situa- ness in Sudan is deemed to directly or indi- retary to establish a list of companies whose tion in Darfur is dire, but the United States rectly support the genocide. Furthermore this business activities in Sudan directly support Government has no business entangling itself legislation bans federal contracts with such the genocidal practices of the Bashir regime in in this situation, nor in forcing divestment on companies. This ensures that no federal dol- Khartoum. The measure also authorizes State unwilling parties. Any further divestment action lars—hard earned tax dollars of American and local governments which choose to divest should be undertaken through voluntary families—go to support one of the worst hu- their pension fund holdings from companies means and not by government fiat. manitarian crises in recent history. on the list, and it contains ‘‘safe harbor’’ provi- H.R. 180 is an interventionist piece of legis- Private citizens can also look at the list of sions for managers of mutual funds and cor- lation which will extend the power of the Fed- companies whose business supports the porate pension managers who choose to do

VerDate Mar 15 2010 11:26 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00027 Fmt 0688 Sfmt 9920 E:\BR07\H30JY7.000 H30JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD July 30, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 15 21333 the same even though their charters may on the Government of Sudan and on corpora- The text of the bill is as follows: mandate that they seek to maximize gains. tions that continue to do business with this H.R. 2347 Furthermore, the bill would ban U.S. Gov- genocidal regime. I urge all of my colleagues Be it enacted by the Senate and House of Rep- ernment procurement contracts with compa- to support this bill, and I hope that it will be resentatives of the United States of America in nies on the Treasury list and authorizes the enacted and implemented in time to save Congress assembled, prohibition of these types of contracts at the lives, allow humanitarian aid to continue, and SECTION 1. SHORT TITLE. State and local level. force the Government of Sudan to stop this This Act may be cited as the ‘‘Iran Sanc- The fact is, while the United States currently genocide. tions Enabling Act of 2007’’. prohibits companies from conducting business Mr. LANGEVIN. Mr. Speaker, I rise today in SEC. 2. FINDINGS. operations in Sudan, millions of Americans are support of H.R. 180, the Darfur Divestment The Congress finds as follows: inadvertently supporting Bashir’s government and Accountability Act. This measure supports (1) The Convention on the Prevention and by investing in foreign companies that conduct State, city, and university efforts to divest Punishment of the Crime of Genocide, com- pleted at Paris, December 9, 1948 (commonly business operations there. funds from, or restrict investments in, compa- referred to as the ‘‘Genocide Convention’’) According to the Sudan Divestment Task nies that conduct business operations in defines genocide as, among other things, the Force, the Khartoum regime ‘‘relies heavily on Sudan. H.R. 180 works toward a goal of end- act of killing members of a national, ethnic, foreign investment to fund its military and the ing a travesty that has resonated with people racial, or religious group with the intent to brutal militias seeking to eliminate the non- all over the world. destroy, in whole or in part, the targeted Arab population of Darfur.’’ In fact, it is esti- My home State of Rhode Island has been group. In addition, the Genocide Convention mated that as much as 70 to 80 percent of oil active on this tragic issue for many years, with also prohibits conspiracy to commit geno- revenue in Sudan is funneled directly into the Providence becoming the first U.S. city to di- cide, as well as ‘‘direct and public incitement to commit genocide’’. military. vest from companies tied to the Sudanese (2) 133 member states of the United Nations Given our experience in South Africa, we Government in 2006. Just this past month, have ratified the Genocide Convention and know that increasing economic pressure Rhode Island passed Sudan divestment into thereby pledged to prosecute individuals who through targeted divestment can work. We law. These actions would not have been pos- violate the Genocide Convention’s prohibi- have been talking with the Bashir government sible without our very active student popu- tion on incitement to commit genocide, as for years now—with little effect. It is time to le- lation, and I would like to take this opportunity well as those individuals who commit geno- verage our dollars in an attempt to stop the to thank them for their persistent advocacy. cide directly. suffering in Darfur. Like my constituents, I am deeply con- (3) On October 27, 2005, at the World With- Ms. WATERS. Mr. Speaker, I strongly sup- out Zionism Conference in Tehran, Iran, the cerned over the ongoing violence and humani- President of Iran, Mahmoud Ahmadinejad, port H.R. 180, the Darfur Accountability and tarian disaster in the Darfur region. It is truly called for Israel to be ‘‘wiped off the map,’’ Divestment Act. I am proud to be a cosponsor a tragedy that we have not learned from our described Israel as ‘‘a disgraceful blot [on] of H.R. 180 and a member of the Financial mistakes in the past regarding genocide, but it the face of the Islamic world,’’ and declared Services Committee, which passed this bill is not too late to change the situation in that ‘‘[a]nybody who recognizes Israel will last week. Sudan. It is our duty to end this human suf- burn in the fire of the Islamic nation’s fury.’’ The ongoing genocide in the Darfur region fering, and as a member of the Sudan Cau- President Ahmadinejad has subsequently of Sudan already is believed to have caused cus, I will continue to work with my colleagues made similar types of comments, and the the deaths of almost half a million people. Government of Iran has displayed inflam- to stop this conflict and promote peace in matory symbols that express similar intent. More than 200,000 people have been killed by Sudan. Passing H.R. 180 is an important and (4) On December 23, 2006, the United Na- Sudanese government forces and armed mili- necessary step for Congress to take as we tions Security Council unanimously ap- tias since 2003, and another 200,000 people work to achieve this goal. proved Resolution 1737, which bans the sup- have died as a result of the deliberate destruc- Mr. GARRETT of New Jersey. Mr. ply of nuclear technology and equipment to tion of homes, crops and water supplies and Speaker, I yield back the balance of Iran and freezes the assets of certain organi- the resulting conditions of famine and disease. my time. zations and individuals involved in Iran’s nu- More than 2.5 million people have been dis- The SPEAKER pro tempore. The clear program, until Iran suspends its en- placed. question is on the motion offered by richment of uranium, as verified by the According to a recent United Nations report, International Atomic Energy Agency. the gentleman from Massachusetts (5) Following Iran’s failure to comply with attacks against humanitarian aid workers have (Mr. FRANK) that the House suspend Resolution 1737, on March 24, 2007, the United increased 150 percent in the past year. There the rules and pass the bill, H.R. 180, as Nations Security Council unanimously ap- are currently 13,000 humanitarian aid workers amended. proved Resolution 1747, to tighten sanctions in Darfur, providing aid to more than 4 million The question was taken. on Iran, imposing a ban on arms sales and people, and violence limits their ability to The SPEAKER pro tempore. In the expanding the freeze on assets, in response to reach people in need. In June, approximately opinion of the Chair, two-thirds being the country’s uranium-enrichment activi- one in six humanitarian convoys leaving the in the affirmative, the ayes have it. ties. capitals of Darfur provinces were ambushed (6) There are now signs of domestic dis- Mr. FRANK of Massachusetts. Mr. content within Iran, and targeted financial by armed groups. About two-thirds of the pop- Speaker, on that I demand the yeas and economic measures could produce fur- ulation of Darfur is dependent upon these cou- and nays. ther political pressure within Iran. Accord- rageous aid workers and the aid they bring. The yeas and nays were ordered. ing to the Economist Intelligence Unit, the Early in 2006, I visited the Darfur region The SPEAKER pro tempore. Pursu- nuclear crisis ‘‘is imposing a heavy oppor- with my good friend from California, Speaker ant to clause 8 of rule XX and the tunity cost on Iran’s economic development, NANCY PELOSI, and I was deeply disturbed by Chair’s prior announcement, further slowing down investment in the oil, gas, and what I saw. As far as the eyes could see, proceedings on this motion will be petrochemical sectors, as well as in critical there were crowds of displaced people who infrastructure projects, including elec- postponed. tricity’’. had been driven from their homes, living lit- f (7) Targeted financial measures represent erally on the ground with little tarps just cov- one of the strongest non-military tools avail- ering them. That was over a year ago, and yet IRAN SANCTIONS ENABLING ACT OF 2007 able to convince Tehran that it can no this genocide has been allowed to continue. longer afford to engage in dangerous, desta- The world stood by and watched the geno- Mr. SHERMAN. Mr. Speaker, I move bilizing activities such as its nuclear weap- cide that occurred in Rwanda. The world has to suspend the rules and pass the bill ons program and its support for terrorism. noted over and over again the atrocities of the (H.R. 2347) to authorize State and local (8) Foreign persons that have invested in Holocaust. Yet we cannot seem to get the governments to direct divestiture Iran’s energy sector, despite Iran’s support from, and prevent investment in, com- of international terrorism and its nuclear international community to move fast enough program, have provided additional financial to stop the genocide that is taking place in panies with investments of $20,000,000 means for Iran’s activities in these areas, Darfur. or more in Iran’s energy sector, and for and many United States persons have un- The Darfur Accountability and Divestment other purposes, as amended. knowingly invested in those same foreign Act is a concrete proposal to impose sanctions The Clerk read the title of the bill. persons.

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