[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