[Congressional Record Volume 164, Number 125 (Wednesday, July 25, 2018)]
[Senate]
[Pages S5319-S5320]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ZIMBABWE DEMOCRACY AND ECONOMIC RECOVERY AMENDMENT ACT OF 2018
Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 499, S. 2779.
The ACTING PRESIDENT pro tempore. The clerk will report the bill by
title.
The senior assistant legislative clerk read as follows:
A bill (S. 2779) to amend the Zimbabwe Democracy and
Economic Recovery Act of 2001.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Foreign Relations, with
an amendment to strike all after the enacting clause and insert in lieu
thereof the following:
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.
Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the
committee-reported amendment be withdrawn, the Flake amendment at the
desk be agreed to, and the bill, as amended, be considered read a third
time.
[[Page S5320]]
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The committee-reported amendment in the nature of a substitute was
withdrawn.
The amendment (No. 3541) in the nature of a substitute was agreed to,
as follows:
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and insert the
following:
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 (22 U.S.C. 2151 note; Public Law 107-99) 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 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''.
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. SENSE OF CONGRESS ON THE UNITED STATES-ZIMBABWE
BILATERAL RELATIONSHIP.
It is the sense of Congress that the United States should
seek to forge a stronger bilateral relationship with
Zimbabwe, including in the areas of trade and investment, if
the following conditions are satisfied:
(1) The Government of Zimbabwe takes the concrete, tangible
steps outlined in paragraphs (1) through (4) of section 4(d)
of the Zimbabwe Democracy and Economic Recovery Act of 2001,
as amended by section 6 of this Act.
(2) The Government of Zimbabwe takes concrete, tangible
steps towards--
(A) good governance, including respect for the opposition,
rule of law, and human rights;
(B) economic reforms that promote growth, address
unemployment and underdevelopment, restore livelihoods,
ensure respect for contracts and private property rights, and
promote significant progress toward monetary policy reforms,
particularly with the Reserve Bank of Zimbabwe, and currency
exchange reforms; and
(C) identification and recovery of stolen private and
public assets within Zimbabwe and in other countries.
(3) The Government of Zimbabwe holds an election that is
widely accepted as free and fair, based on the following pre-
and post-election criteria or conditions:
(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 under section
239 of Zimbabwe's 2013 Constitution in an independent manner,
and the chairperson meets and consults regularly with
representatives of political parties represented in the
parliament of Zimbabwe and the 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 observers 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, consistent with Zimbabwe's
Electoral Act and 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 monitor
the entire electoral process, including by observing,
recording, and transmitting publicly-posted or announced
voting results at the ward, constituency, and all higher
levels of the vote tallying process.
(4) Laws enacted prior to the passage of Zimbabwe's March
2013 Constitution that are inconsistent with the new
Constitution are amended, repealed, or subjected to a formal
process for review and correction so that such laws are
consistent with the new Constitution.
(5) 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) 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.
SEC. 6. CERTIFICATION REQUIREMENTS.
Section 4(d) of the Zimbabwe Democracy and Economic
Recovery Act of 2001 is amended--
(1) in paragraph (3), by striking ``consistent with'' and
all that follows through ``September 1998'';
(2) by striking paragraph (4); and
(3) by redesignating paragraph (5) as paragraph (4).
SEC. 7. 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. 8. INCLUSION OF AUSTRALIA, THE UNITED KINGDOM, THE
AFRICAN UNION, AND THE SOUTHERN AFRICAN
DEVELOPMENT COMMUNITY IN CONSULTATIONS ABOUT
ZIMBABWE.
Section 6 of the Zimbabwe Democracy and Economic Recovery
Act of 2001 is amended by inserting ``Australia, the United
Kingdom, the African Union, the Southern African Development
Community,'' after ``Canada,''.
SEC. 9. 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 issued between 2007 to 2010, including 18 disputes
involving employment, commercial, and human rights cases
surrounding dispossessed Zimbabwean commercial farmers and
agricultural companies.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Ms. MURKOWSKI. Mr. President, I know of no further debate on the
bill.
The ACTING PRESIDENT pro tempore. There being no further debate, the
bill having been read the third time, the question is, Shall the bill
pass?
The bill (S. 2779), as amended, was passed.
Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the motion
to reconsider be considered made and laid upon the table.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
____________________