S 2271 · 110th Congress 2007–2009, ended

Sudan Accountability and Divestment Act of 2007

Introduced Oct 31, 2007 Originated Senate Became Public Law 110-174 Sponsor Christopher J. Dodd D-CT

Latest action · Dec 31, 2007 Became Public Law No: 110-174.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

IntroducedOct 31, 2007
Passed SenateDec 12, 2007
Passed HouseDec 18, 2007
To the PresidentDec 21, 2007
Became lawDec 31, 2007Public Law 110-174

Summary

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

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

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

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

Expresses the sense of Congress that a state or local government should not adopt any such measure without verification that the person conducts or has direct investments in such business operations.

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

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

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

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

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

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

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

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

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

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

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

(Sec. 11) Amends the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 to repeal a specified reporting requirement by the Secretary of the Treasury.

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

Recorded votes 1

Newest first. Open one to see how every member voted.

Roll call	Question	Result	Date
House 1179	On Motion to Suspend the Rules and Pass	Passed411–0	Dec 18, 2007

Cosponsors

Members who signed on, in the order they did.

No cosponsors are on file for this measure.

Committees 5

Where it was sent and what each committee and subcommittee did with it, in order.

Chamber	Committee	What it did
Senate	Banking, Housing, and Urban Affairs Committee	Reported as an original measure Oct 31, 2007
House	Financial Services Committee	Referred Dec 13, 2007
House	Oversight and Government Reform Committee	Referred Dec 13, 2007
House	Foreign Affairs Committee	Referred Dec 13, 2007
House	Education and Workforce Committee	Referred Dec 13, 2007

Actions 19

Everything that happened, newest first.

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

In the Congressional Record 3

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

Where	In the Record	Members	Date
Extensions	Debate and remarks E2642, E2648	Spencer Bachus R-AL, Tom Udall D-NM	Dec 19, 2007
House · Senate	Debate and remarks H16753–H16760, S15891Text printed H16753–H16755Recorded votes H16767enact	Barbara Lee D-CA, Barney Frank D-MA, Christopher H. Smith R-NJ, Emanuel Cleaver D-MO, Frank R. Wolf R-VA, George Miller D-CA, Ileana Ros-Lehtinen R-FL, Richard J. Durbin D-IL, Spencer Bachus R-AL, Steny H. Hoyer D-MD, Stephanie Tubbs Jones D-OH	Dec 18, 2007
Senate	Debate and remarks S15373–S15375Text printed S15375–S15377Amendments S15365, S15375	Christopher J. Dodd D-CT (amendment), Harry Reid D-NV, Richard C. Shelby R-AL (amendment), Richard J. Durbin D-IL, Tom Harkin D-IA	Dec 12, 2007

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

S. Rept. 110-213

CRS reports 5

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 5

Products on other subjects that cite it, usually among other measures.

Product	Title	Kind	Published
R42826	The Federal Acquisition Regulation (FAR): Answers to Frequently Asked Questions	Report	Apr 7, 2025
R43957	Sudan Archived	Report	May 26, 2015
R42774	Sudan and South Sudan: Current Issues for Congress and U.S. Policy Archived	Report	Oct 5, 2012
R41840	U.S. Foreign Assistance to Sub-Saharan Africa: The FY2012 Request Archived	Report	May 20, 2011
RL33493	Outer Continental Shelf: Debate Over Oil and Gas Leasing and Revenue Sharing Archived	Report	Apr 3, 2009

Amendments 1

Amendments offered to this bill.

Amendment	Description	Offered by	Status
SA 3846	To make clarifying amendments.	Christopher J. Dodd D-CT	Amendment SA 3846 agreed to in Senate by Unanimous Consent.

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced: An original bill to authorize State and local governments to divest assets in companies that conduct business operations in Sudan, to prohibit United States Government contracts with such companies, and for other purposes.
Short Titles as Reported to Senate: Sudan Accountability and Divestment Act of 2007
Short Titles as Passed Senate: Sudan Accountability and Divestment Act of 2007
Short Titles as Enacted: Sudan Accountability and Divestment Act of 2007

Subjects

Assigned by the Library of Congress. Policy area: Foreign Trade and International Finance.

Text 4

Each version as it was printed, newest first.

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.