[Congressional Record (Bound Edition), Volume 146 (2000), Part 9]
[Senate]
[Pages 12198-12199]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 12198]]

                     ZIMBABWE DEMOCRACY ACT OF 2000

  Mr. COVERDELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar 589, S. 2677.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2677) to restrict assistance until certain 
     conditions are satisfied and to support democratic and 
     economic transition in Zimbabwe.

  There being no objection, the Senate proceeded to the consideration 
of the bill.


                           Amendment No. 3617

(Purpose: To restrict assistance until certain conditions are satisfied 
     and to support democratic and economic transition in Zimbabwe)

  Mr. COVERDELL. Mr. President, Senator Frist has a substitute 
amendment at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Georgia (Mr. Coverdell), for Mr. Frist, 
     Mr. Feingold, and Mr. Helms, proposes an amendment numbered 
     3617.

  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. FRIST. Mr. President, it is my understanding that USAID obligates 
most of its money for Zimbabwe through agreements with the Government 
of Zimbabwe. Notwithstanding this obligation procedure, it is my 
intention that the prohibition on assistance for the Government of 
Zimbabwe not cut off all assistance to Zimbabwe but only that 
assistance that would otherwise have been provided for the benefit of 
the government. Under the limitation contained in my amendment, 
assistance provided through nongovernmental organizations may continue, 
even though the initial obligation of funds may have been with the 
government. Such assistance may only marginally benefit the government 
through, for example, the necessary use of providing assistance to the 
people of Zimbabwe. This has particular relevance to microenterprise 
programs which, I believe, would not be affected by the limitations in 
my amendment.
  Mr. COVERDELL. Mr. President, I ask unanimous consent that the 
amendment be agreed to, the bill be read a third time and passed, the 
motion to reconsider be laid upon the table, and that any statements 
relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3617) was agreed to.
  The bill (S. 2677), as amended, was read the third time and passed as 
follows:

                                S. 2677

       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 Act of 
     2000''.

     SEC. 2. FINDINGS AND POLICY.

       (a) Findings.--Congress finds as follows:
       (1) Deliberate and systematic violence, intimidation, and 
     killings have been orchestrated and supported by the 
     Government of Zimbabwe and the ruling ZANU-PF party against 
     members, sympathizers, and supporters of the democratic 
     opposition, farmers, and employees. The violence has resulted 
     in death, a breakdown in the rule of law, and further 
     collapse of Zimbabwe's economy.
       (2) The lawlessness, harassment, violence, intimidation, 
     and killings directed at the opposition and their supporters, 
     farmers and farm employees continues at President Mugabe's 
     explicit and public urging despite two court rulings that the 
     occupations are illegal and must be ended.
       (3) The breakdown in the rule of law has jeopardized 
     Zimbabwe's future, including international support for 
     programs which provide land ownership for the large number of 
     poor and landless Zimbabweans, other donor programs, economic 
     stability, and direct investment.
       (4) The orchestrated violence and intimidation directed at 
     opposition supporters has created and fostered an environment 
     which seriously compromises the possibility of free and fair 
     elections.
       (5) The crisis in Zimbabwe is further exacerbated by the 
     fact that Zimbabwe is spending millions of dollars each month 
     on its involvement in the civil war in the Democratic 
     Republic of Congo. Those resources could finance equitable 
     and transparent land reform, other programs to promote 
     economic growth and alleviate poverty, and programs to combat 
     the spread and effects of the world's highest HIV infection 
     rate.
       (b) Statement of Policy.--It is therefore the policy of the 
     United States to support the people of Zimbabwe in their 
     struggles to effect peaceful, democratic change, achieve 
     broad-based and equitable economic growth, and restore the 
     rule of law.

     SEC. 3. PROHIBITION ON PROVISION OF ASSISTANCE OR DEBT 
                   RELIEF.

       (a) Prohibition on Assistance.--Except as provided in 
     subsection (b)--
       (1) no United States assistance may be provided for the 
     Government of Zimbabwe;
       (2) no indebtedness owed by the Government of Zimbabwe to 
     the United States Government may be canceled or reduced; and
       (3) the Secretary of the Treasury shall instruct the United 
     States Executive Director to each international financial 
     institution to oppose and vote against--
       (A) any extension by the respective institution of any 
     assistance of any kind to the Government of Zimbabwe, except 
     for assistance to meet basic human needs and for good 
     governance; and
       (B) any cancellation or reduction of indebtedness owed by 
     the Government of Zimbabwe to that institution.
       (b) Conditions for Restoration of Eligibility for 
     Assistance and Debt Relief.--The provisions of subsection (a) 
     shall apply until the President certifies to the appropriate 
     congressional committees that--
       (1) the rule of law has been restored in Zimbabwe, 
     including respect for ownership and title to property held 
     prior to January 1, 2000, 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) Zimbabwe has held parliamentary elections which are 
     widely accepted by the participating parties and the duly 
     elected are free to assume their offices;
       (3)(A) Zimbabwe has held a presidential election which is 
     widely accepted by the participating parties and the 
     president-elect is free to assume the duties of the office; 
     or
       (B) the government has sufficiently improved the pre-
     election environment to a degree consistent with accepted 
     international standards for security and freedom of movement 
     and association;
       (4) the Government of Zimbabwe has demonstrated a 
     commitment to an equitable, legal, and transparent land 
     reform program which should--
       (A) respect existing ownership of and title to property by 
     providing fair, market-based compensation to sellers;
       (B) benefit the truly needy and landless;
       (C) be based on the principle of ownership and title to all 
     land, including communal areas;
       (D) be managed and administered by an independent, 
     nongovernmental body; and
       (E) be consistent with agreements reached at the 
     International Donors' Conference on Land Reform and 
     Resettlement in Zimbabwe held in Harare in September, 1998;
       (5) the Government of Zimbabwe is making a good faith 
     effort to fulfill the terms of the Lusaka agreement on ending 
     the war in the Democratic Republic of Congo; and
       (6) the Zimbabwean Armed Forces and the National Police of 
     Zimbabwe are responsible to and serve the elected civilian 
     government.
       (c) United States Assistance Defined.--
       (1) In general.--Except as provided in paragraph (2), in 
     this section, the term ``United States assistance'' means--
       (A) any assistance under the Foreign Assistance Act of 1961 
     (excluding programs under title IV of chapter 2 of part I, 
     relating to the Overseas Private Investment Corporation);
       (B) sales, or financing on any terms, under the Arms Export 
     Control Act;
       (C) the licensing of exports under section 38 of the Arms 
     Export Control Act; and
       (D) the provision of agricultural commodities, other than 
     food, under the Agricultural Trade Development and Assistance 
     Act of 1954.
       (2) Exceptions.--The term ``United States assistance'' does 
     not include--
       (A) humanitarian assistance, including food, medicine, 
     medical supplies;
       (B) health assistance, including health assistance for the 
     prevention, treatment, and control of HIV/AIDS and other 
     infectious diseases;
       (C) support for democratic governance and the rule of law;
       (D) support for land reform programs consistent with 
     subsection (b)(4);
       (E) support for conservation programs; and
       (F) support for de-mining programs.
       (d) Waiver.--The President may waive the provisions of 
     subsection (a) if he determines that it is in the national 
     interest of the United States to do so.

     SEC. 4. SUPPORT FOR DEMOCRATIC INSTITUTIONS AND THE RULE OF 
                   LAW.

       (a) Assistance for Legal Expenses.--As one component of a 
     comprehensive approach towards supporting democratic 
     institutions and the rule of law in Zimbabwe, the President 
     is authorized to use funds appropriated to carry out the 
     provisions of part I and chapter 4 of part II of the Foreign 
     Assistance Act of 1961 to finance the legal and related 
     expenses of--
       (1) individuals and democratic institutions challenging 
     restrictions to free speech and

[[Page 12199]]

     association in Zimbabwe, including challenges to licensing 
     fees, restrictions, and other charges and penalties imposed 
     on the media or on individuals exercising their right of free 
     speech and association;
       (2) individuals and democratic institutions and 
     organizations challenging electoral outcomes or restrictions 
     to their pursuit of elective office or democratic reforms, 
     including fees or other costs imposed by the Government on 
     those individuals or institutions; and
       (3) individuals who are the victims of torture or otherwise 
     victimized by political violence.
       (b) Authority for Radio Broadcasting.--
       (1) In general.--The Broadcasting Board of Governors shall 
     further the communication of information and ideas through 
     the increased use of radio broadcasting to Zimbabwe to ensure 
     that radio broadcasting to that country serves as a 
     consistently reliable and authoritative source of accurate, 
     objective and comprehensive news.
       (2) Termination.--The authority of this subsection shall 
     terminate upon a certification by the President under section 
     3(b) that the conditions specified in that section have been 
     satisfied.
       (c) Assistance for democracy Training.--During fiscal year 
     2001, the President is authorized to use not less than 
     $6,000,000 of the funds made available to carry out the 
     provisions of part I and chapter 4 of part II of the Foreign 
     Assistance Act of 1961 for democracy and governance programs 
     in Zimbabwe.
       (d) Election Observers.--It is the sense of Congress that 
     the President should provide support, including through the 
     National Endowment for Democracy, for international election 
     observers to the Zimbabwean parliamentary elections in 2000 
     and the presidential election scheduled for 2002, including 
     assessments, of the pre-electoral environment in each case 
     and the electoral laws of Zimbabwe.

     SEC. 5. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC 
                   RECOVERY.

       Upon the certification made by the President under section 
     3(b)--
       (1) up to $16,000,000 of funds appropriated to carry out 
     the provisions of chapter 4 of part II of the Foreign 
     Assistance Act of 1961, is authorized to be made available, 
     notwithstanding any other provision of law, for support for 
     alternative schemes under the Inception Phase of the Land 
     Reform and Resettlement Program, including costs related to 
     acquisition of land and resettlement, meeting the standards 
     in section 3(b)(4); and
       (2) the Secretary of the Treasury shall--
       (A) 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;
       (B) direct the United States Executive Director of each 
     international financial institution to which the United 
     States is a member to propose that such institution undertake 
     a review of the feasibility of restructuring, rescheduling, 
     or eliminating the sovereign debt of Zimbabwe held by that 
     institution; and
       (C) 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 that intended to 
     promote Zimbabwe's economic recovery and development, the 
     stabilization of the Zimbabwean dollar, and the viability of 
     Zimbabwe's democratic institutions; and
       (3) there shall be established a Southern Africa Finance 
     Center located in Zimbabwe that will co-locate regional 
     offices of the Overseas Private Investment Corporation, the 
     Export-Import Bank of the United States, and the Trade and 
     Development Agency for the purpose of facilitating the 
     development of commercial projects in Zimbabwe and the 
     southern Africa region.

                          ____________________