[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3297 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3297

   To update United States policy and authorities to help advance a 
  genuine transition to democracy and to promote economic recovery in 
                               Zimbabwe.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2010

 Mr. Feingold (for himself, Mr. Isakson, and Mr. Kerry) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                                 A BILL


 
   To update United States policy and authorities to help advance a 
  genuine 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 Transition to Democracy and 
Economic Recovery Act of 2010.''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations, the 
                Committee on Banking, Housing, and Urban Affairs, and 
                the Committee on Appropriations of the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on Financial Services, and the Committee on 
                Appropriations of the House of Representatives.
            (2) International financial institutions.--The term 
        ``international financial institutions'' means the multilateral 
        development banks and the International Monetary Fund.
            (3) Multilateral development banks.--The term 
        ``multilateral development banks'' means--
                    (A) the International Bank for Reconstruction and 
                Development;
                    (B) the International Development Association;
                    (C) the International Finance Corporation;
                    (D) the Inter-American Development Bank;
                    (E) the Asian Development Bank;
                    (F) the Inter-American Investment Corporation;
                    (G) the African Development Bank;
                    (H) the African Development Fund;
                    (I) the European Bank for Reconstruction and 
                Development; and
                    (J) the Multilateral Investment Guarantee Agency.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) In the last decade, Robert Mugabe and his government 
        presided over the collapse of Zimbabwe's economy and a dramatic 
        decline in the living conditions of the people of Zimbabwe, 
        while employing violent tactics to maintain power.
            (2) Through economic mismanagement and undemocratic 
        practices over the past decade, the Government of Zimbabwe 
        rendered itself ineligible to receive new loans, credits, or 
        guarantees from most international financial institutions, 
        which would otherwise be providing substantial resources to 
        assist in the recovery and modernization of Zimbabwe's economy 
        and which would have benefitted the people of Zimbabwe.
            (3) In September 2008, after months of political violence 
        against opposition members and their supporters following 
        disputed national elections, Robert Mugabe's party, the 
        Zimbabwean African National Union-Patriotic Front (ZANU-PF), 
        signed a ``Global Political Agreement'' (GPA) with both 
        factions of the opposition Movement for Democratic Change 
        (MDC), respectively led by Morgan Tsvangirai and Arthur 
        Mutambara, to form a transitional government, which was 
        inaugurated in February 2009.
            (4) In the GPA, which has been enshrined in the 
        constitution of Zimbabwe and guaranteed by the Southern African 
        Development Community (SADC) and the African Union (AU), the 
        parties declared their commitment to ``work together to create 
        a genuine, viable, permanent, sustainable, and nationally 
        acceptable solution to the Zimbabwe situation and in particular 
        to implement the following agreement with the aims of resolving 
        once and for all the current political and economic situations 
        and charting a new political direction for the country''.
            (5) Under the direction of the new Prime Minister, Morgan 
        Tsvangirai, and Minister of Finance, Tendai Biti, both from the 
        MDC, the transitional government in Zimbabwe has initiated a 
        series of critical economic reforms, putting a stop to some of 
        the quasi-fiscal activities of the previous administration, 
        resuming salary payments to civil servants, and directing 
        limited budget resources toward critical social protection 
        services and infrastructure repairs.
            (6) While reform-minded members of the new coalition 
        government have made some progress in initiating reforms in the 
        economic sector, the agreement has yet to be fully implemented, 
        and political and human rights abuses continue, in 
        contravention of the Global Political Agreement signed by the 
        parties.
            (7) As of the date of the enactment of this Act, state 
        security forces remain largely under the control of ZANU-PF and 
        continue to harass MDC supporters and civic activists in 
        Zimbabwe, to force illegal and often violent seizures of 
        private land and property, and to exert extrajudicial control 
        of diamond fields in the Marange district of eastern Zimbabwe.
            (8) The continued disrespect for the rule of law and 
        property rights in Zimbabwe deters much needed private 
        investment in the country.
            (9) The formation of the transitional government has 
        brought changes to the political landscape in Zimbabwe and 
        created new opportunities for the United States and others to 
        help advance real reform and recovery by engaging with those in 
        the government who share those goals, while continuing to put 
        targeted pressure on those who are undermining the rule of law.

SEC. 4. STATEMENT OF POLICY.

    It is the policy of the United States to support the people of 
Zimbabwe in their struggle to affect peaceful, democratic change, 
achieve broad-based and equitable economic growth, and restore the rule 
of law, including through--
            (1) the continued provision of humanitarian assistance to 
        meet the urgent needs of the people of Zimbabwe;
            (2) increased resources through non-governmental entities 
        to provide assistance to the critical agriculture, economic, 
        education, and health sectors;
            (3) the promotion of trade by United States companies with 
        Zimbabwe to stimulate the country's economic growth and support 
        the livelihoods of its people;
            (4) engagement and close consultation with regional 
        governments and organizations, international financial 
        institutions, and other donors to push for the full 
        implementation of the Global Political Agreement and provide 
        targeted support for fundamental reforms in Zimbabwe;
            (5) continued support for and engagement with civil society 
        organizations in their efforts to promote the rule of law and 
        respect for human rights in Zimbabwe, including through their 
        contributions to the development of a new democratic 
        constitution;
            (6) technical assistance to those within the transitional 
        government in Zimbabwe who demonstrate commitment to 
        fundamental reforms in line with the Global Political 
        Agreement;
            (7) the continuation of the ban on the transfer of defense 
        items and services and the suspension of direct monetary 
        assistance to the Government of Zimbabwe until there is greater 
        progress toward restoring the rule of law, civilian control 
        over security forces, and respect for human rights; and
            (8) the updating and renewal of targeted financial 
        sanctions and travel bans against those found to be responsible 
        for the deliberate breakdown of the rule of law, politically 
        motivated violence, hindrance of democracy, and other ongoing 
        illegal activities in Zimbabwe.

SEC. 5. TECHNICAL ASSISTANCE TO THE TRANSITIONAL GOVERNMENT OF ZIMBABWE 
              TO SUPPORT REFORMS.

    (a) Authority.--In accordance with section 531 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2346) and notwithstanding any other 
provision of law, the President is authorized to provide technical 
assistance to ministries of the transitional Government of Zimbabwe and 
to the Parliament of Zimbabwe to provide the expertise and support 
necessary to ensure progress on economic, political, and security 
sector reforms.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the transitional Government of Zimbabwe should work to 
        fully enact the economic, political, and security sector 
        reforms envisaged under the Global Political Agreement;
            (2) the United States should continue to provide technical 
        assistance to build the capacity of ministries and offices 
        within the transitional Government of Zimbabwe that demonstrate 
        a commitment to those reforms;
            (3) the Parliament of Zimbabwe should work to make the 
        government in that country accountable and to hasten the pace 
        of reform; and
            (4) the United States should continue to provide technical 
        assistance as needed to the Parliament of Zimbabwe to support 
        efforts to review, and as necessary, amend or repeal 
        legislation that--
                    (A) violates freedom of expression, assembly, or 
                association; or
                    (B) violates private property rights and deters 
                much-needed private investment.

SEC. 6. SUPPORT FOR LAND REFORM, AGRICULTURAL DEVELOPMENT, AND FOOD 
              SECURITY TO LAY THE GROUNDWORK FOR ECONOMIC RECOVERY.

    (a) Land Reform.--It is the sense of Congress that--
            (1) the absence of respect for property rights in Zimbabwe 
        continues to hinder agricultural productivity and economic 
        recovery; and
            (2) the United States should support credible efforts to 
        conduct a comprehensive, transparent, and non-partisan land 
        audit as a critical step toward establishing accountability and 
        security of tenure.
    (b) Food Distribution and Production.--It is the sense of Congress 
that United States assistance to Zimbabwe should, to the extent 
possible given existing concerns about land tenure security--
            (1) support market-based mechanisms for the provision of 
        credit and access to the inputs necessary for agricultural 
        production and for the handling, marketing, storage, and 
        processing of agricultural commodities;
            (2) encourage policies that provide incentives for 
        agricultural production; and
            (3) support institutions that provide technical and 
        financial support for the agriculture sector.

SEC. 7. AMENDMENT TO THE ZIMBABWE DEMOCRACY AND ECONOMIC RECOVERY ACT 
              OF 2001 TO RESPOND TO ZIMBABWE'S POLITICAL TRANSITION.

    Section 4 of the Zimbabwe Democracy and Economic Recovery Act of 
2001 (Public Law No. 107-99; 115 Stat. 962) is amended to read as 
follows:

``SEC. 4. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC RECOVERY.

    ``(a) Findings.--Congress finds that the parties to the September 
15, 2008, Global Political Agreement between the Zimbabwe African 
National Union-Patriotic Front (ZANU-PF) and the Movement for 
Democratic Change (MDC) committed themselves by law to work together to 
chart a new political direction for Zimbabwe, to prioritize the 
restoration of economic stability and growth, and to create conditions 
for the drafting of a new constitution that respects human rights and 
democratic principles.
    ``(b) Sense of Congress.--It is the sense of Congress that, in 
order for the United States to most effectively support a transition to 
democratic and economic recovery in Zimbabwe to the greatest effect, 
United States policy should, to the extent possible, reflect new 
political conditions and opportunities created by the Global Political 
Agreement.
    ``(c) Debt Relief.--The Secretary of the Treasury, in consultation 
with the Secretary of State, shall gather information on the debt 
incurred by Zimbabwe held by international financial institutions and 
private financial institutions, and the feasibility and advisability of 
restructuring, rescheduling, or eliminating such debt in the future, 
including by using the resources of the International Monetary Fund, 
the International Bank for Reconstruction and Development, and other 
appropriate international financial institutions.
    ``(d) Multilateral Financing Conditions.--The Secretary of the 
Treasury shall instruct the United States executive director to each 
international financial institution to oppose any extension by the 
respective institution of any loan, credit, or guarantee to the 
Government of Zimbabwe unless the proposed extension meets the 
following conditions:
            ``(1) There are sufficient controls for transparency and 
        international oversight of the use of relevant funds.
            ``(2) Relevant funds, in cases where the international 
        financial institutions are providing direct funding to or 
        through the Government of Zimbabwe, will not be administered 
        through or in coordination with--
                    ``(A) ministries that have not demonstrated a 
                commitment to reform and responsible fiscal management; 
                or
                    ``(B) the Reserve Bank of Zimbabwe, unless there 
                are sufficient guarantees and a pattern of evidence 
                that governance problems within the Reserve Bank of 
                Zimbabwe have been addressed such that relevant funds 
                will not be redirected for extra-legal purposes.
            ``(3) Relevant funds will not be administered by or 
        directly accessible to individuals or financial institutions 
        sanctioned by the United States.
    ``(e) Notification.--
            ``(1) In general.--If the United States votes in favor of 
        any loan, credit, or guarantee to the Government of Zimbabwe by 
        an international financial institution, the Secretary of the 
        Treasury, in coordination with the Secretary of State, shall 
        notify the appropriate congressional committees within 30 days 
        of such vote and provide appropriate information on such vote 
        pertaining to the conditions in subsection (d).
            ``(2) Appropriate congressional committees defined.--In 
        this subsection, the term `appropriate congressional 
        committees' means--
                    ``(A) the Committee on Foreign Relations, the 
                Committee on Banking, Housing, and Urban Affairs, and 
                the Committee on Appropriations of the Senate; and
                    ``(B) the Committee on Foreign Affairs, the 
                Committee on Financial Services, and the Committee on 
                Appropriations of the House of Representatives.
    ``(f) Waiver.--The President may waive the provisions in subsection 
(d) and (e) if the President determines that it is in the national 
interest of the United States to do so.''.

SEC. 8. AMENDMENT TO THE DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND 
              RELATED PROGRAMS APPROPRIATIONS ACT OF 2010 TO UPDATE 
              RESTRICTIONS ON UNITED STATES ASSISTANCE FOR THE 
              GOVERNMENT OF ZIMBABWE.

    Subsection 7070(i) of the Department of State, Foreign Operations, 
and Related Programs Appropriations Act of 2010 (division F of Public 
Law 111-117; 123 Stat. 3388) is amended to read as follows: ``None of 
the funds appropriated by this Act may be made available for assistance 
for the central Government of Zimbabwe, except for macroeconomic 
growth, health, and education assistance, unless the Secretary of State 
determines and reports in writing to the Committees on Appropriations 
that the rule of law has been restored in Zimbabwe, including respect 
for ownership and title to property and freedom of speech and 
association.''

SEC. 9. ACTIONS TO STOP ILLEGAL DIAMOND FLOWS.

    (a) Findings.--Congress makes the following findings:
            (1) According to credible human rights organizations, the 
        armed forces of Zimbabwe continue to exert control over diamond 
        mines in the Marange district of eastern Zimbabwe, and have 
        committed horrific abuses against miners and local residents, 
        including extrajudicial killings, beatings, and torture.
            (2) A review mission of the Kimberley Process traveled to 
        Zimbabwe from June 30 to July 4, 2009, and documented extensive 
        smuggling of diamonds and abuses against civilians by the 
        police and army forces of the Government of Zimbabwe. The 
        review mission reportedly found there to be ``credible 
        indications of significant non-compliance'' by the Government 
        of Zimbabwe with the minimum standards of the Kimberley 
        Process.
            (3) On December 11, 2009, the United States Senior Advisor 
        to the Permanent Representative of the United States to the 
        64th Session of the General Assembly stated that the United 
        States has ``serious concerns about Zimbabwe's non-compliance 
        with the minimum requirements of the Kimberley Process, 
        particularly relating to smuggling and grave violence in and 
        around the Marange diamond fields''.
            (4) The army and police forces of the Government of 
        Zimbabwe continue to serve primarily as instruments of ZANU-PF, 
        and their illegal activities involving diamonds continue to 
        fuel the efforts of ZANU-PF to undermine democratic processes 
        and institutions.
    (b) Sense of Congress.--In order to promote respect for the rule of 
law and to prevent further human rights violations by state security 
forces in Zimbabwe, it is the sense of Congress that, until the 
Secretary of State can certify that Zimbabwe is in full compliance with 
the Kimberley Process, the President should--
            (1) press for Zimbabwe to be suspended from the Kimberley 
        Process diamond certification scheme;
            (2) work with Zimbabwe's neighbors as well as with regional 
        organizations to help stop the flow of diamonds mined in 
        Zimbabwe from crossing their shared border; and
            (3) seek to identify and prepare sanctions pursuant to 
        Executive Order 13391 on individuals and entities funding 
        efforts to undermine democratic processes and institutions in 
        Zimbabwe through illegal activities involving diamonds.

SEC. 10. UPDATING AND TIGHTENING OF UNITED STATES TARGETED SANCTIONS 
              RELATING TO ZIMBABWE.

    It is the sense of Congress that the Secretary of the Treasury, in 
close consultation with the Secretary of State and other relevant 
officials of the United States Government, should regularly review and 
update targeted sanctions related to Zimbabwe, giving particular 
attention to--
            (1) the ways in which certain entities directly support or 
        fund activities in Zimbabwe that undermine democratic processes 
        and institutions;
            (2) the role and functions of certain entities in 
        activities critical to economic recovery in Zimbabwe; and
            (3) how sanctions could be strengthened against those 
        entities that continue to directly support or fund activities 
        that are undermining democratic processes and institutions in 
        Zimbabwe.

SEC. 11. PREPARATIONS TO SUPPORT EFFORTS TO PREVENT FUTURE ELECTION 
              VIOLENCE AND ABUSES.

    It is the sense of Congress that the United States Government 
should begin engaging with international partners and regional 
governments to develop a coordinated strategy to prepare for future 
elections in Zimbabwe, particularly to help reduce the risk of violence 
and other abuses related to such elections.

SEC. 12. BRIEFING TO CONGRESS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Treasury, the Secretary of 
State, and the Administrator of the United States Agency for 
International Development shall provide the appropriate congressional 
committees a briefing on efforts made pursuant to this Act.
    (b) Content.--The briefing required by subsection (a) shall include 
the following:
            (1) A description of what technical assistance has been 
        provided by the United States and by international financial 
        institutions to ministries of the transitional Government of 
        Zimbabwe and to the Parliament of Zimbabwe, an assessment of 
        how that assistance has contributed to demonstrable progress on 
        economic and political reforms, and recommendations for any 
        additional changes in United States law or policy that are 
        needed to strengthen the opportunity for democratic and 
        economic reforms in Zimbabwe to succeed.
            (2) A description of steps taken pursuant to section 9 to 
        investigate and address the connection between illegal 
        activities involving diamonds and efforts to undermine 
        democratic processes and institutions in Zimbabwe.
            (3) A description of efforts made pursuant to section 10 
        and any changes resulting from the review and updating of 
        United States targeted sanctions relating to Zimbabwe.
            (4) A description of efforts made pursuant to section 11 
        and progress made toward developing a coordinated strategy to 
        prepare for future elections in Zimbabwe.
                                 <all>