[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2677 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                S. 2677

_______________________________________________________________________

                                 AN ACT


 
 To restrict assistance until certain conditions are satisfied and to 
        support democratic and economic transition in Zimbabwe.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Zimbabwe Democracy Act of 2000''.

SEC. 2. FINDINGS AND POLICY.

    (a) Findings.--Congress finds as follows:
            (1) Deliberate and systematic violence, intimidation, and 
        killings have been orchestrated and supported by the Government 
        of Zimbabwe and the ruling ZANU-PF party against members, 
        sympathizers, and supporters of the democratic opposition, 
        farmers, and employees. The violence has resulted in death, a 
        breakdown in the rule of law, and further collapse of 
        Zimbabwe's economy.
            (2) The lawlessness, harassment, violence, intimidation, 
        and killings directed at the opposition and their supporters, 
        farmers and farm employees continues at President Mugabe's 
        explicit and public urging despite two court rulings that the 
        occupations are illegal and must be ended.
            (3) The breakdown in the rule of law has jeopardized 
        Zimbabwe's future, including international support for programs 
        which provide land ownership for the large number of poor and 
        landless Zimbabweans, other donor programs, economic stability, 
        and direct investment.
            (4) The orchestrated violence and intimidation directed at 
        opposition supporters has created and fostered an environment 
        which seriously compromises the possibility of free and fair 
        elections.
            (5) The crisis in Zimbabwe is further exacerbated by the 
        fact that Zimbabwe is spending millions of dollars each month 
        on its involvement in the civil war in the Democratic Republic 
        of Congo. Those resources could finance equitable and 
        transparent land reform, other programs to promote economic 
        growth and alleviate poverty, and programs to combat the spread 
        and effects of the world's highest HIV infection rate.
    (b) Statement of Policy.--It is therefore the policy of the United 
States to support the people of Zimbabwe in their struggles to effect 
peaceful, democratic change, achieve broad-based and equitable economic 
growth, and restore the rule of law.

SEC. 3. PROHIBITION ON PROVISION OF ASSISTANCE OR DEBT RELIEF.

    (a) Prohibition on Assistance.--Except as provided in subsection 
(b)--
            (1) no United States assistance may be provided for the 
        Government of Zimbabwe;
            (2) no indebtedness owed by the Government of Zimbabwe to 
        the United States Government may be canceled or reduced; and
            (3) the Secretary of the Treasury shall instruct the United 
        States Executive Director to each international financial 
        institution to oppose and vote against--
                    (A) any extension by the respective institution of 
                any assistance of any kind to the Government of 
                Zimbabwe, except for assistance to meet basic human 
                needs and for good governance; and
                    (B) any cancellation or reduction of indebtedness 
                owed by the Government of Zimbabwe to that institution.
    (b) Conditions for Restoration of Eligibility for Assistance and 
Debt Relief.--The provisions of subsection (a) shall apply until the 
President certifies to the appropriate congressional committees that--
            (1) the rule of law has been restored in Zimbabwe, 
        including respect for ownership and title to property held 
        prior to January 1, 2000, freedom of speech and association, 
        and an end to the lawlessness, violence, and intimidation 
        sponsored, condoned, or tolerated by the Government of 
        Zimbabwe, the ruling party, and their supporters or entities;
            (2) Zimbabwe has held parliamentary elections which are 
        widely accepted by the participating parties and the duly 
        elected are free to assume their offices;
            (3)(A) Zimbabwe has held a presidential election which is 
        widely accepted by the participating parties and the president-
        elect is free to assume the duties of the office; or
            (B) the government has sufficiently improved the pre-
        election environment to a degree consistent with accepted 
        international standards for security and freedom of movement 
        and association;
            (4) the Government of Zimbabwe has demonstrated a 
        commitment to an equitable, legal, and transparent land reform 
        program which should--
                    (A) respect existing ownership of and title to 
                property by providing fair, market-based compensation 
                to sellers;
                    (B) benefit the truly needy and landless;
                    (C) be based on the principle of ownership and 
                title to all land, including communal areas;
                    (D) be managed and administered by an independent, 
                nongovernmental body; and
                    (E) be consistent with agreements reached at the 
                International Donors' Conference on Land Reform and 
                Resettlement in Zimbabwe held in Harare in September, 
                1998;
            (5) the Government of Zimbabwe is making a good faith 
        effort to fulfill the terms of the Lusaka agreement on ending 
        the war in the Democratic Republic of Congo; and
            (6) the Zimbabwean Armed Forces and the National Police of 
        Zimbabwe are responsible to and serve the elected civilian 
        government.
    (c) United States Assistance Defined.--
            (1) In general.--Except as provided in paragraph (2), in 
        this section, the term ``United States assistance'' means--
                    (A) any assistance under the Foreign Assistance Act 
                of 1961 (excluding programs under title IV of chapter 2 
                of part I, relating to the Overseas Private Investment 
                Corporation);
                    (B) sales, or financing on any terms, under the 
                Arms Export Control Act;
                    (C) the licensing of exports under section 38 of 
                the Arms Export Control Act; and
                    (D) the provision of agricultural commodities, 
                other than food, under the Agricultural Trade 
                Development and Assistance Act of 1954.
            (2) Exceptions.--The term ``United States assistance'' does 
        not include--
                    (A) humanitarian assistance, including food, 
                medicine, medical supplies;
                    (B) health assistance, including health assistance 
                for the prevention, treatment, and control of HIV/AIDS 
                and other infectious diseases;
                    (C) support for democratic governance and the rule 
                of law;
                    (D) support for land reform programs consistent 
                with subsection (b)(4);
                    (E) support for conservation programs; and
                    (F) support for de-mining programs.
    (d) Waiver.--The President may waive the provisions of subsection 
(a) if he determines that it is in the national interest of the United 
States to do so.

SEC. 4. SUPPORT FOR DEMOCRATIC INSTITUTIONS AND THE RULE OF LAW.

    (a) Assistance for Legal Expenses.--As one component of a 
comprehensive approach towards supporting democratic institutions and 
the rule of law in Zimbabwe, the President is authorized to use funds 
appropriated to carry out the provisions of part I and chapter 4 of 
part II of the Foreign Assistance Act of 1961 to finance the legal and 
related expenses of--
            (1) individuals and democratic institutions challenging 
        restrictions to free speech and association in Zimbabwe, 
        including challenges to licensing fees, restrictions, and other 
        charges and penalties imposed on the media or on individuals 
        exercising their right of free speech and association;
            (2) individuals and democratic institutions and 
        organizations challenging electoral outcomes or restrictions to 
        their pursuit of elective office or democratic reforms, 
        including fees or other costs imposed by the Government on 
        those individuals or institutions; and
            (3) individuals who are the victims of torture or otherwise 
        victimized by political violence.
    (b) Authority for Radio Broadcasting.--
            (1) In general.--The Broadcasting Board of Governors shall 
        further the communication of information and ideas through the 
        increased use of radio broadcasting to Zimbabwe to ensure that 
        radio broadcasting to that country serves as a consistently 
        reliable and authoritative source of accurate, objective and 
        comprehensive news.
            (2) Termination.--The authority of this subsection shall 
        terminate upon a certification by the President under section 
        3(b) that the conditions specified in that section have been 
        satisfied.
    (c) Assistance for Democracy Training.--During fiscal year 2001, 
the President is authorized to use not less than $6,000,000 of the 
funds made available to carry out the provisions of part I and chapter 
4 of part II of the Foreign Assistance Act of 1961 for democracy and 
governance programs in Zimbabwe.
    (d) Election Observers.--It is the sense of Congress that the 
President should provide support, including through the National 
Endowment for Democracy, for international election observers to the 
Zimbabwean parliamentary elections in 2000 and the presidential 
election scheduled for 2002, including assessments of the pre-electoral 
environment in each case and the electoral laws of Zimbabwe.

SEC. 5. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC RECOVERY.

    Upon the certification made by the President under section 3(b)--
            (1) up to $16,000,000 of funds appropriated to carry out 
        the provisions of chapter 4 of part II of the Foreign 
        Assistance Act of 1961, is authorized to be made available, 
        notwithstanding any other provision of law, for support for 
        alternative schemes under the Inception Phase of the Land 
        Reform and Resettlement Program, including costs related to 
        acquisition of land and resettlement, meeting the standards in 
        section 3(b)(4); and
            (2) the Secretary of the Treasury shall--
                    (A) undertake a review of the feasibility of 
                restructuring, rescheduling, or eliminating the 
                sovereign debt of Zimbabwe held by any agency of the 
                United States Government;
                    (B) direct the United States Executive Director of 
                each international financial institution to which the 
                United States is a member to propose that such 
                institution undertake a review of the feasibility of 
                restructuring, rescheduling, or eliminating the 
                sovereign debt of Zimbabwe held by that institution; 
                and
                    (C) direct the United States Executive Director of 
                each international financial institution to which the 
                United States is a member to propose to undertake 
                financial and technical support for Zimbabwe, 
                especially that intended to promote Zimbabwe's economic 
                recovery and development, the stabilization of the 
                Zimbabwean dollar, and the viability of Zimbabwe's 
                democratic institutions; and
            (3) there shall be established a Southern Africa Finance 
        Center located in Zimbabwe that will co-locate regional offices 
        of the Overseas Private Investment Corporation, the Export-
        Import Bank of the United States, and the Trade and Development 
        Agency for the purpose of facilitating the development of 
        commercial projects in Zimbabwe and the southern Africa region.

            Passed the Senate June 23, 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 2677

_______________________________________________________________________

                                 AN ACT

 To restrict assistance until certain conditions are satisfied and to 
        support democratic and economic transition in Zimbabwe.