[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2779 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 499
115th CONGRESS
  2d Session
                                S. 2779

   To amend the Zimbabwe Democracy and Economic Recovery Act of 2001.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2018

 Mr. Flake (for himself and Mr. Coons) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

                             June 28, 2018

               Reported by Mr. Corker, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To amend the Zimbabwe Democracy and Economic Recovery Act of 2001.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Zimbabwe Democracy and 
Economic Recovery Amendment Act of 2018''.</DELETED>

<DELETED>SEC. 2. RECONSTRUCTION AND REBUILDING OF ZIMBABWE.</DELETED>

<DELETED>    Section 2 of the Zimbabwe Democracy and Economic Recovery 
Act of 2001 (Public Law 107-99; 22 U.S.C. 2151 note) is amended by 
striking ``and restore the rule of law'' and inserting ``restore the 
rule of law, reconstruct and rebuild Zimbabwe, and come to terms with 
the past through a process of genuine reconciliation in which past 
human rights abuses are acknowledged and inquiries into the 
disappearance of prominent human rights activists, including Patrick 
Nabanyama, Itai Dzamara, and Paul Chizuze, are ordered''.</DELETED>

<DELETED>SEC. 3. FINDINGS.</DELETED>

<DELETED>    Section 4(a) of the Zimbabwe Democracy and Economic 
Recovery Act of 2001 is amended--</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (A) by striking ``the costly deployment of 
                troops to the Democratic Republic of the Congo'' and 
                inserting ``private appropriation of public assets''; 
                and</DELETED>
                <DELETED>    (B) by striking ``Development and'' and 
                inserting ``Development, International Development 
                Association, and, until recently,''; and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        paragraph:</DELETED>
        <DELETED>    ``(6) In October 2016, the Government of Zimbabwe 
        cleared its longstanding arrears with the IMF.''.</DELETED>

<DELETED>SEC. 4. REMOVAL OF PROVISIONS RELATED TO MULTILATERAL DEBT 
              RELIEF AND OTHER FINANCIAL ASSISTANCE.</DELETED>

<DELETED>    Section 4(b) of the Zimbabwe Democracy and Economic 
Recovery Act of 2001 is amended--</DELETED>
        <DELETED>    (1) by striking ``Recovery.--'' and all that 
        follows through ``Upon receipt'' and inserting ``Recovery.--
        Upon receipt''; and</DELETED>
        <DELETED>    (2) by striking paragraph (2).</DELETED>

<DELETED>SEC. 5. ADDITIONAL CERTIFICATION REQUIREMENTS FOR 
              ASSISTANCE.</DELETED>

<DELETED>    Section 4(d) of the Zimbabwe Democracy and Economic 
Recovery Act of 2001 is amended--</DELETED>
        <DELETED>    (1) by amending paragraph (2) to read as 
        follows:</DELETED>
        <DELETED>    ``(2) Pre- and post-election conditions.--The 
        following pre- and post-election conditions are met:</DELETED>
                <DELETED>    ``(A) Establishment and public release, 
                without cost, in digital format, of a provisional and 
                final biometric voter registration roll that is 
                endorsed by all political parties represented in the 
                parliament of Zimbabwe and those parties contesting the 
                elections.</DELETED>
                <DELETED>    ``(B) The Zimbabwe Electoral Commission is 
                permitted to entirely carry out the functions assigned 
                to it in section 239 of Zimbabwe's 2013 constitution in 
                an entirely independent manner, and the chairperson 
                continues to meet with and consults regularly with 
                representatives of political parties represented in the 
                parliament of Zimbabwe and those parties contesting the 
                elections.</DELETED>
                <DELETED>    ``(C) Consistent with Zimbabwe's 
                constitution, the Defense Forces of Zimbabwe are 
                neither permitted to actively participate in 
                campaigning for any candidate nor to intimidate voters, 
                and must verifiably and credibly uphold their 
                constitutionally mandated duty to respect the 
                fundamental rights and freedoms of all persons and be 
                non-partisan in character, and are not permitted to 
                print, transfer, or control ballots or transmit the 
                results of elections.</DELETED>
                <DELETED>    ``(D) International observers, including 
                from the United States, the African Union, the Southern 
                African Development Community, the European Union, and 
                others who apply are permitted to observe the entire 
                electoral process prior to, on, and following voting 
                day, including by monitoring polling stations and 
                tabulation centers and are able to independently 
                operate in a manner enabling them to access and analyze 
                vote tallying tabulation and the transmission and 
                content of voting results.</DELETED>
                <DELETED>    ``(E) Candidates are allowed free and full 
                access to state media during the election period as 
                defined in Zimbabwe's Electoral Act, and must afford 
                time and coverage to all parties contesting the 
                elections in an impartial manner, and candidates are 
                able to campaign in an environment that is free from 
                intimidation and violence.</DELETED>
                <DELETED>    ``(F) Civil society organizations are able 
                to freely and independently carry out voter and civic 
                education, and to monitor the entire electoral process, 
                including by observing, recording, and transmitting 
                public-posted or announced voting results, including at 
                the ward, constituency, and all higher levels of the 
                vote tallying process, including through the conduct of 
                one or more sample based observation 
                exercises.'';</DELETED>
        <DELETED>    (2) by redesignating paragraphs (3) and (5) as 
        paragraphs (8) and (9), respectively;</DELETED>
        <DELETED>    (3) by striking paragraph (4);</DELETED>
        <DELETED>    (4) by inserting after paragraph (2) the following 
        new paragraphs:</DELETED>
        <DELETED>    ``(3) Presidential election.--Zimbabwe has held an 
        election that is widely accepted as free, fair, and credible by 
        independent international and domestic civil society monitors, 
        and the president-elect is free to assume the duties of the 
        office.</DELETED>
        <DELETED>    ``(4) Updating statutes.--Laws enacted prior to 
        passage of Zimbabwe's new constitution in March 2013 that are 
        inconsistent with the new constitution are amended or repealed 
        so that they are consistent with the constitution, especially 
        through the Electoral Amendments Bill and the repeal of the 
        Public Order and Security Act, and the Access to Information 
        and Protection of Privacy Act.</DELETED>
        <DELETED>    ``(5) Upholding the constitution.--All elements of 
        the constitution are being implemented.</DELETED>
        <DELETED>    ``(6) Economic reforms.--The Government of 
        Zimbabwe has demonstrated a sustained commitment to reforming 
        Zimbabwe's economy in ways that will promote economic growth, 
        address unemployment and underdevelopment, and restore 
        livelihoods.</DELETED>
        <DELETED>    ``(7) Role of traditional leaders.--Traditional 
        leaders of Zimbabwe observe section 281 of the Constitution and 
        are not using humanitarian assistance provided by outside donor 
        organizations or countries in a politicized manner to 
        intimidate or pressure voters during the campaign period.''; 
        and</DELETED>
        <DELETED>    (5) in paragraph (8), as redesignated by paragraph 
        (2) of this subsection, by striking ``consistent with'' and all 
        that follows through ``September 1998''.</DELETED>

<DELETED>SEC. 6. REMOVAL OF AUTHORITY TO PAY LAND ACQUISITION 
              COSTS.</DELETED>

<DELETED>    Section 5(a)(2) of the Zimbabwe Democracy and Economic 
Recovery Act of 2001 is amended by striking ``, including the payment 
of costs'' and all that follows through ``thereto''.</DELETED>

<DELETED>SEC. 7. INCLUSION OF AUSTRALIA AND THE UNITED KINGDOM IN 
              CONSULTATIONS ABOUT ZIMBABWE.</DELETED>

<DELETED>    Section 6 of the Zimbabwe Democracy and Economic Recovery 
Act of 2001 is amended by inserting ``Australia, and the United 
Kingdom'' after ``Canada,''.</DELETED>

<DELETED>SEC. 8. SENSE OF CONGRESS ON ENFORCEMENT OF SADC TRIBUNAL 
              RULINGS.</DELETED>

<DELETED>    It is the sense of Congress that the Government of 
Zimbabwe and the Southern African Development Community (SADC) should 
enforce the SADC tribunal rulings from 2007 to 2010, including 18 
disputes involving employment, commercial, and human rights cases 
surrounding dispossessed Zimbabwean commercial farmers and agricultural 
companies.</DELETED>

<DELETED>SEC. 9. SENSE OF CONGRESS ON THE UNITED STATES-ZIMBABWE 
              BILATERAL RELATIONSHIP.</DELETED>

<DELETED>    It is the sense of Congress that the United States 
Government is optimistic about the possibility for a stronger bilateral 
relationship with Zimbabwe, including in the areas of trade and 
investment, if--</DELETED>
        <DELETED>    (1) the Government of Zimbabwe takes concrete, 
        tangible steps outlined in paragraphs (2) through (6) of 
        section 4(d) of the Zimbabwe Democracy and Economic Recovery 
        Act of 2001, as added by section 5 of this Act; and</DELETED>
        <DELETED>    (2) takes concrete, tangible steps towards--
        </DELETED>
                <DELETED>    (A) good governance, including respect for 
                opposition, rule of law, and human rights; 
                and</DELETED>
                <DELETED>    (B) economic reforms such as respect for 
                contracts and private property rights.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Zimbabwe Democracy and Economic 
Recovery Amendment Act of 2018''.

SEC. 2. RECONSTRUCTION AND REBUILDING OF ZIMBABWE.

    Section 2 of the Zimbabwe Democracy and Economic Recovery Act of 
2001 (Public Law 107-99; 22 U.S.C. 2151 note) is amended by inserting 
``to enable Zimbabweans to reconstruct and rebuild Zimbabwe and come to 
terms with the past through a process of genuine reconciliation that 
acknowledges past human rights abuses and orders inquiries into 
disappearances, including the disappearance of human rights activists, 
such as Patrick Nabanyama, Itai Dzamara, and Paul Chizuze'' before the 
period at the end.

SEC. 3. FINDINGS.

    Section 4(a) of the Zimbabwe Democracy and Economic Recovery Act of 
2001 is amended--
            (1) in paragraph (1), by striking ``costly deployment of 
        troops to the Democratic Republic of the Congo'' and inserting 
        ``private appropriation of public assets''; and
            (2) by adding at the end the following:
            ``(6) In October 2016, the Government of Zimbabwe cleared a 
        small hurdle in its longstanding public sector arrears with the 
        IMF.''.

SEC. 4. PROVISIONS RELATED TO MULTILATERAL DEBT RELIEF AND OTHER 
              FINANCIAL ASSISTANCE.

    Section 4(b)(2) of the Zimbabwe Democracy and Economic Recovery Act 
of 2001 is amended--
            (1) in subparagraph (A), by striking ``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 inserting ``to support 
        efforts to reevaluate plans to restructure, rebuild, 
        reschedule, or eliminate Zimbabwe's sovereign debt held by that 
        bank and provide an analysis based on reasonable financial 
        options to achieve those goals''; and
            (2) in subparagraph (B), by striking ``dollar'' and 
        inserting ``currency''.

SEC. 5. ADDITIONAL CERTIFICATION REQUIREMENTS FOR ASSISTANCE.

    Section 4(d) of the Zimbabwe Democracy and Economic Recovery Act of 
2001 is amended--
            (1) by amending paragraph (2) to read as follows:
            ``(2) Pre- and post-election conditions.--The following 
        pre- and post-election conditions are met:
                    ``(A) Establishment and public release, without 
                cost, of a provisional and a final voter registration 
                roll.
                    ``(B) The Zimbabwe Electoral Commission is 
                permitted to entirely carry out the functions assigned 
                to it in section 239 of Zimbabwe's 2013 Constitution in 
                an independent manner, and the chairperson meets with 
                and consults regularly with representatives of 
                political parties represented in the parliament of 
                Zimbabwe and those parties contesting the elections.
                    ``(C) Consistent with Zimbabwe's 2013 Constitution, 
                the Defence Forces of Zimbabwe--
                            ``(i) are neither permitted to actively 
                        participate in campaigning for any candidate 
                        nor to intimidate voters;
                            ``(ii) are required to verifiably and 
                        credibly uphold their Constitutionally mandated 
                        duty to respect the fundamental rights and 
                        freedoms of all persons and to be nonpartisan 
                        in character; and
                            ``(iii) are not permitted to print, 
                        transfer, or control ballots or transmit the 
                        results of elections.
                    ``(D) International observers, including from the 
                United States, the African Union, the Southern African 
                Development Community, and the European Union--
                            ``(i) are permitted to observe the entire 
                        electoral process prior to, on, and following 
                        voting day, including by monitoring polling 
                        stations and tabulation centers; and
                            ``(ii) are able to independently access and 
                        analyze vote tallying tabulation and the 
                        transmission and content of voting results.
                    ``(E) Candidates are allowed access to public 
                broadcasting media during the election period, as 
                provided in Zimbabwe's Electoral Act, and candidates 
                are able to campaign in an environment that is free 
                from intimidation and violence.
                    ``(F) Civil society organizations are able to 
                freely and independently carry out voter and civic 
                education, and to monitor the entire electoral process, 
                including by observing, recording, and transmitting 
                publicly-posted or announced voting results, including 
                at the ward, constituency, and all higher levels of the 
                vote tallying process.'';
            (2) by redesignating paragraphs (3) and (5) as paragraphs 
        (8) and (9), respectively;
            (3) by striking paragraph (4);
            (4) by inserting after paragraph (2) the following:
            ``(3) Presidential election.--Zimbabwe has held an election 
        that is widely accepted as free, fair, and credible by 
        independent international and domestic civil society monitors, 
        and the president-elect is free to assume the duties of the 
        office.
            ``(4) Updating statutes.--Laws enacted prior to passage of 
        Zimbabwe's March 2013 Constitution that are inconsistent with 
        the new Constitution are amended or repealed or are subject to 
        a formal process for review and correction so that such laws 
        are consistent with the new Constitution.
            ``(5) Upholding the constitution.--The Government of 
        Zimbabwe--
                    ``(A) has made significant progress on the 
                implementation of all elements of the new Constitution; 
                and
                    ``(B) has demonstrated its commitment to sustain 
                such efforts in achieving full implementation of the 
                new Constitution.
            ``(6) Economic reforms.--The Government of Zimbabwe has 
        demonstrated a sustained commitment to reforming Zimbabwe's 
        economy in ways that will promote economic growth, address 
        unemployment and underdevelopment, and restore livelihoods, 
        including significant progress toward monetary policy reform, 
        particularly with the Reserve Bank of Zimbabwe, and currency 
        exchange reforms.
            ``(7) Role of traditional leaders.--Traditional leaders of 
        Zimbabwe observe section 281 of the 2013 Constitution and are 
        not using humanitarian assistance provided by outside donor 
        organizations or countries in a politicized manner to 
        intimidate or pressure voters during the campaign period.''; 
        and
            (5) in paragraph (8), as redesignated by paragraph (2) of 
        this subsection, by striking ``consistent with'' and all that 
        follows through ``September 1998''.

SEC. 6. REMOVAL OF AUTHORITY TO PAY LAND ACQUISITION COSTS.

    Section 5(a) of the Zimbabwe Democracy and Economic Recovery Act of 
2001 is amended--
            (1) in paragraph (2), by striking ``, including the payment 
        of costs'' and all that follows through ``thereto; and'' and 
        inserting a semicolon;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) identify and recover stolen public assets.''.

SEC. 7. INCLUSION OF AUSTRALIA AND THE UNITED KINGDOM IN CONSULTATIONS 
              ABOUT ZIMBABWE.

    Section 6 of the Zimbabwe Democracy and Economic Recovery Act of 
2001 is amended by inserting ``Australia, the United Kingdom,'' after 
``Canada,''.

SEC. 8. SENSE OF CONGRESS ON ENFORCEMENT OF SOUTHERN AFRICAN 
              DEVELOPMENT COMMUNITY TRIBUNAL RULINGS.

    It is the sense of Congress that the Government of Zimbabwe and the 
Southern African Development Community (referred to in this section as 
``SADC'') should enforce the SADC tribunal rulings from 2007 to 2010, 
including 18 disputes involving employment, commercial, and human 
rights cases surrounding dispossessed Zimbabwean commercial farmers and 
agricultural companies.

SEC. 9. SENSE OF CONGRESS ON THE UNITED STATES-ZIMBABWE BILATERAL 
              RELATIONSHIP.

    It is the sense of Congress that the United States Government is 
optimistic about the possibility for a stronger bilateral relationship 
with Zimbabwe, including in the areas of trade and investment, if--
            (1) the Government of Zimbabwe takes concrete, tangible 
        steps outlined in paragraphs (2) through (6) of section 4(d) of 
        the Zimbabwe Democracy and Economic Recovery Act of 2001, as 
        amended by section 5 of this Act; and
            (2) takes concrete, tangible steps towards--
                    (A) good governance, including respect for the 
                opposition, rule of law, and human rights;
                    (B) economic reforms such as respect for contracts 
                and private property rights; and
                    (C) identification and recovery of stolen private 
                and public assets within Zimbabwe and abroad.
                                                       Calendar No. 499

115th CONGRESS

  2d Session

                                S. 2779

_______________________________________________________________________

                                 A BILL

   To amend the Zimbabwe Democracy and Economic Recovery Act of 2001.

_______________________________________________________________________

                             June 28, 2018

                       Reported with an amendment