[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.