[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 494 Enrolled Bill (ENR)]

        S.494

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
             the third day of January, two thousand and one


                                 An Act


 
    To provide for a transition to democracy and to promote economic 
                          recovery 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 and Economic 
Recovery Act of 2001''.

SEC. 2. STATEMENT OF POLICY.

    It is the policy of the United States to support the people of 
Zimbabwe in their struggle to effect peaceful, democratic change, 
achieve broad-based and equitable economic growth, and restore the rule 
of law.

SEC. 3. DEFINITIONS.

    In this Act:
        (1) International financial institutions.--The term 
    ``international financial institutions'' means the multilateral 
    development banks and the International Monetary Fund.
        (2) Multilateral development banks.--The term ``multilateral 
    development banks'' means the International Bank for Reconstruction 
    and Development, the International Development Association, the 
    International Finance Corporation, the Inter-American Development 
    Bank, the Asian Development Bank, the Inter-American Investment 
    Corporation, the African Development Bank, the African Development 
    Fund, the European Bank for Reconstruction and Development, and the 
    Multilateral Investment Guaranty Agency.
SEC. 4. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC RECOVERY.
    (a) Findings.--Congress makes the following findings:
        (1) Through economic mismanagement, undemocratic practices, and 
    the costly deployment of troops to the Democratic Republic of the 
    Congo, the Government of Zimbabwe has rendered itself ineligible to 
    participate in International Bank for Reconstruction and 
    Development and International Monetary Fund programs, which would 
    otherwise be providing substantial resources to assist in the 
    recovery and modernization of Zimbabwe's economy. The people of 
    Zimbabwe have thus been denied the economic and democratic benefits 
    envisioned by the donors to such programs, including the United 
    States.
        (2) In September 1999 the IMF suspended its support under a 
    ``Stand By Arrangement'', approved the previous month, for economic 
    adjustment and reform in Zimbabwe.
        (3) In October 1999, the International Development Association 
    (in this section referred to as the ``IDA'') suspended all 
    structural adjustment loans, credits, and guarantees to the 
    Government of Zimbabwe.
        (4) In May 2000, the IDA suspended all other new lending to the 
    Government of Zimbabwe.
        (5) In September 2000, the IDA suspended disbursement of funds 
    for ongoing projects under previously-approved loans, credits, and 
    guarantees to the Government of Zimbabwe.
    (b) Support for Democratic Transition and Economic Recovery.--
        (1) Bilateral debt relief.--Upon receipt by the appropriate 
    congressional committees of a certification described in subsection 
    (d), the Secretary of the Treasury shall 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.
        (2) Multilateral debt relief and other financial assistance.--
    It is the sense of Congress that, upon receipt by the appropriate 
    congressional committees of a certification described in subsection 
    (d), the Secretary of the Treasury should--
            (A) direct the United States executive director of each 
        multilateral development bank to propose that the bank should 
        undertake a review of the feasibility of restructuring, 
        rescheduling, or eliminating the sovereign debt of Zimbabwe 
        held by that bank; and
            (B) 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 support that is intended to 
        promote Zimbabwe's economic recovery and development, the 
        stabilization of the Zimbabwean dollar, and the viability of 
        Zimbabwe's democratic institutions.
    (c) Multilateral Financing Restriction.--Until the President makes 
the certification described in subsection (d), and except as may be 
required to meet basic human needs or for good governance, the 
Secretary of the Treasury shall instruct the United States executive 
director to each international financial institution to oppose and vote 
against--
        (1) any extension by the respective institution of any loan, 
    credit, or guarantee to the Government of Zimbabwe; or
        (2) any cancellation or reduction of indebtedness owed by the 
    Government of Zimbabwe to the United States or any international 
    financial institution.
    (d) Presidential Certification That Certain Conditions Are 
Satisfied.--A certification under this subsection is a certification 
transmitted to the appropriate congressional committees of a 
determination made by the President that the following conditions are 
satisfied:
        (1) Restoration of the rule of law.--The rule of law has been 
    restored in Zimbabwe, including respect for ownership and title to 
    property, 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) Election or pre-election conditions.--Either of the 
    following two conditions is satisfied:
            (A) Presidential election.--Zimbabwe has held a 
        presidential election that is widely accepted as free and fair 
        by independent international monitors, and the president-elect 
        is free to assume the duties of the office.
            (B) Pre-election conditions.--In the event the 
        certification is made before the presidential election takes 
        place, the Government of Zimbabwe has sufficiently improved the 
        pre-election environment to a degree consistent with accepted 
        international standards for security and freedom of movement 
        and association.
        (3) Commitment to equitable, legal, and transparent land 
    reform.--The Government of Zimbabwe has demonstrated a commitment 
    to an equitable, legal, and transparent land reform program 
    consistent with agreements reached at the International Donors' 
    Conference on Land Reform and Resettlement in Zimbabwe held in 
    Harare, Zimbabwe, in September 1998.
        (4) Fulfillment of agreement ending war in democratic republic 
    of congo.--The Government of Zimbabwe is making a good faith effort 
    to fulfill the terms of the Lusaka, Zambia, agreement on ending the 
    war in the Democratic Republic of Congo.
        (5) Military and national police subordinate to civilian 
    government.--The Zimbabwean Armed Forces, the National Police of 
    Zimbabwe, and other state security forces are responsible to and 
    serve the elected civilian government.
    (e) Waiver.--The President may waive the provisions of subsection 
(b)(1) or subsection (c), if the President determines that it is in the 
national interest of the United States to do so.
SEC. 5. SUPPORT FOR DEMOCRATIC INSTITUTIONS, THE FREE PRESS AND 
INDEPENDENT MEDIA, AND THE RULE OF LAW.
    (a) In General.--The President is authorized to provide assistance 
under part I and chapter 4 of part II of the Foreign Assistance Act of 
1961 to--
        (1) support an independent and free press and electronic media 
    in Zimbabwe;
        (2) support equitable, legal, and transparent mechanisms of 
    land reform in Zimbabwe, including the payment of costs related to 
    the acquisition of land and the resettlement of individuals, 
    consistent with the International Donors' Conference on Land Reform 
    and Resettlement in Zimbabwe held in Harare, Zimbabwe, in September 
    1998, or any subsequent agreement relating thereto; and
        (3) provide for democracy and governance programs in Zimbabwe.
    (b) Funding.--Of the funds authorized to be appropriated to carry 
out part I and chapter 4 of part II of the Foreign Assistance Act of 
1961 for fiscal year 2002--
        (1) $20,000,000 is authorized to be available to provide the 
    assistance described in subsection (a)(2); and
        (2) $6,000,000 is authorized to be available to provide the 
    assistance described in subsection (a)(3).
    (c) Supersedes Other Laws.--The authority in this section 
supersedes any other provision of law.
SEC. 6. SENSE OF CONGRESS ON THE ACTIONS TO BE TAKEN AGAINST 
INDIVIDUALS RESPONSIBLE FOR VIOLENCE AND THE BREAKDOWN OF THE RULE OF 
LAW IN ZIMBABWE.
    It is the sense of Congress that the President should begin 
immediate consultation with the governments of European Union member 
states, Canada, and other appropriate foreign countries on ways in 
which to--
        (1) identify and share information regarding individuals 
    responsible for the deliberate breakdown of the rule of law, 
    politically motivated violence, and intimidation in Zimbabwe;
        (2) identify assets of those individuals held outside Zimbabwe;
        (3) implement travel and economic sanctions against those 
    individuals and their associates and families; and
        (4) provide for the eventual removal or amendment of those 
    sanctions.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.