Letter To the Members of the Texas House of Representatives

Letter

Letter To the Members of the Texas House of Representatives

U.S. Sen. John Cornyn, a member of the Senate Judiciary Committee, made the following statement Wednesday regarding Texas House passage of a bill calling for divestment of holdings in companies that engage in certain scrutinized business operations in Sudan. Sen. Cornyn is a co-sponsor of similar legislation in the Senate and has helped lead efforts to crack down on genocide in Darfur and other parts of the world. He sent a letter earlier this week to members of the Texas House of Representatives endorsing the bill they passed on Tuesday night.

"Texans should be proud the Legislature has acted to help end the genocide in Darfur. I call on my Senate colleagues to pass similar pending legislation soon. The United States has made strides in helping Darfur victims, but we can and must do more. The action by the Texas Legislature and moving the Sudan Divestment Act forward in the U.S. Senate are key steps to accomplish this goal. By working together on a state and federal level, we will put pressure on the Khartoum government where it will hurt the most—its pocketbook."

Sen. Cornyn is the lead Republican co-sponsor, with U.S. Sen. Richard Durbin (D-Ill.), of the Sudan Divestment Authorization Act, S. 831, earlier this year to increase pressure on the Khartoum government to stop the genocide in Darfur. The legislation provides federal support for state and local divestment efforts and expresses the sense of Congress that states and other entities should be allowed to divest their efforts of certain holdings in opposition to the genocidal policies of the Sudanese government and authorizes—though does not require—such divestment.

In addition, Sen. Cornyn is an original co-sponsor of the Genocide Accountability Act, S. 888, which would close a current loophole in federal law that prevents the U.S. Justice Department from prosecuting people in the United States who have committed genocide in other countries. The bill passed was by the U.S. Senate in March.

--Below is the text of Sen. Cornyn's letter to the Texas House--

To the Members of the Texas House of Representatives:

I write concerning legislation soon to be considered by the Texas House of Representatives, Senate Bill 247, sponsored by Rep. Corbin Van Arsdale and supported by 75 members of the Texas House of Representatives. Please accept this letter as a strong endorsement of this legislation, which would require the Texas Employee Retirement System and the Teacher Retirement System to divest their holdings in companies that engage in certain scrutinized business operations in the Sudan.

Darfur's humanitarian crisis, the world's worst since Rwanda in the 1990s, has produced untold misery for more than three years. Since its inception, the internal strife in Darfur has killed more than 450,000 and displaced more than 2 million people. In 2004, Congress and President Bush declared the crisis in Darfur to be genocide.

But most Americans are only vaguely aware of the tragedy in Darfur. So it is imperative that we work together at the local, state, and federal level to draw increased attention to this crisis—and also take affirmative steps to end the atrocities. At the state and local levels, we can make a difference by putting economic pressure on the Khartoum government.

The Sudan continues to attract foreign investments that facilitate the protracted genocide by its government and affiliated militia. That nation is currently grappling with a foreign debt nearly as large as its GDP, and is thus especially responsive to economic pressure that divestment presents. In fact, the government is already trying to attack divestment efforts, going as far as buying more than $1 million in advertising space in the New York Times in an attempt to dissuade divestment supporters.

SB 247 and similar divestment bills are important tools that can help to end human rights abuses in Darfur. I believe SB 247 is an appropriate way to send Texans' message of disapproval to the Sudanese government. In my judgment, the legislation does not interfere with the federal government's supremacy in foreign policy matters. Importantly, this legislation anticipates future federal action, and provides a mechanism to allow the federal government's exemption of any company to supersede the state's treatment of that particular company.

Moreover, SB 247 contains an expiration provision, allowing the state divestment law to expire at the earliest of several dates, including a federal declaration that the genocide in Darfur has been halted for at least 12 months, the date on which the United States revokes its sanctions against the Sudanese government, or the date on which the federal government declares that mandatory divestment of this type interferes with United States foreign policy.

Finally, SB 247 would provide targeted businesses with the constitutionally necessary notice and opportunity to respond, giving the companies a chance to correct or explain and defend their behavior instead of requiring immediate divestment without notice. Thus, under the U.S. Constitution and legal precedent, this bill is, in my opinion, constitutional. (I am not addressing any state constitutional question that may be raised about the measure.)

Along with Senator Richard Durbin of Illinois, I recently introduced the Sudan Divestment Authorization Act (S. 831). Our bill provides federal support for state and local divestment efforts. It also expresses the sense of Congress that states and other entities should be allowed to divest of certain holdings in opposition to the genocidal policies of the Sudanese government.

Many American state and local governments, private institutions, and citizens want to add their voices to the chorus calling for peace and security in Darfur. More concretely, they want their investment choices to reflect their values. Eleven states, six municipalities and over forty universities have chosen to remove their pension plan and other investment holdings in companies that operate in the Sudan to the benefit of the Khartoum government. Fifteen states currently are considering divestment legislation.

I am proud that both chambers of the Texas Legislature are working to add the Lone Star State to the list of states engaged in divestment efforts. Our combined efforts can make a vital difference in America's work to end the genocide in Darfur. I urge you to support this legislation.

Sincerely,

John Cornyn

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