[Congressional Record (Bound Edition), Volume 147 (2001), Part 11]
[Senate]
[Pages 15408-15409]
[From the U.S. Government Publishing Office, www.gpo.gov]




          ZIMBABWE DEMOCRACY AND ECONOMIC RECOVERY ACT OF 2001

  Mr. REID. Madam President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 90, S. 494.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 494) to provide for a transition to democracy 
     and to promote economic recovery in Zimbabwe.

  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:
  [Strike out all after the enacting clause and insert the part printed 
in black italic.]

     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.--Upon receipt by the appropriate congressional 
     committees of a certification described in subsection (d), 
     the following shall apply:
       (1) Debt relief and other financial assistance.--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 
     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
       (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 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.
       (2) Establishment of a southern africa finance center.--The 
     President should direct the establishment of a Southern 
     Africa Finance Center located in Zimbabwe that will include 
     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.
       (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.

[[Page 15409]]

       (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) 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) 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.

  Mr. REID. Madam President, I ask unanimous consent that the committee 
substitute be agreed to, the bill, as amended, be read a third time and 
passed, the motion to reconsider be laid upon the table, and any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 494), as amended, was read the third time and passed.

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