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107th Congress                                            Rept. 107-312
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
          ZIMBABWE DEMOCRACY AND ECONOMIC RECOVERY ACT OF 2001

                                _______
                                

                December 4, 2001.--Ordered to be printed

                                _______
                                

Mr. Hyde, from the Committee on International Relations, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 494]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on International Relations, to whom was 
referred the bill (S. 494) to provide for a transition to 
democracy and to promote economic recovery in Zimbabwe, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                           TABLE OF CONTENTS

                                                                   Page
The Amendment....................................................     2
Purpose and Summary..............................................     4
Background and Need for the Legislation..........................     4
Hearings.........................................................     6
Committee Consideration..........................................     7
Votes of the Committee...........................................     7
Committee Oversight Findings.....................................     7
New Budget Authority and Tax Expenditures........................     7
Congressional Budget Office Cost Estimate........................     7
Performance Goals and Objectives.................................     9
Constitutional Authority Statement...............................     9
Section-by-Section Analysis......................................     9
New Advisory Committees..........................................    10
Congressional Accountability Act.................................    10
Federal Mandates.................................................    10

                             The Amendment

    The amendment is as follows:
    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 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.--
            (1) Bilateral debt relief.--Upon receipt by the appropriate 
        congressional committees of a certification described in 
        subsection (d), the Secretary of the Treasury shall 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.
            (2) Multilateral debt relief and other financial 
        assistance.--It is the sense of Congress that, upon receipt by 
        the appropriate congressional committees of a certification 
        described in subsection (d), the Secretary of the Treasury 
        should--
                    (A) 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
                    (B) 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.
    (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.
            (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)(1) 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) provide 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.

                          Purpose and Summary

    The bill states that it is U.S. policy to support the 
Zimbabwean people in their current struggles to effect 
peaceful, democratic change, achieve broad-based and equitable 
economic growth, and restore the rule of law. It supports 
democratic transition and economic recovery through provisions 
of debt relief upon Presidential certification that the 
following conditions have been fulfilled: support for 
democratic institutions, free press and independent media, and 
the rule of law. It authorizes funding for equitable land 
reform and assistance for democracy and governance. The bill 
also contains a sense of Congress that the President should 
consult with the Europan Union, Canada, and other appropriate 
foreign governments to take action against individuals 
responsible for politically motivated violence and the 
breakdown of the rule of law in Zimbabwe.

                Background and Need for the Legislation

    After winning majority rule in 1980, Zimbabwe (formerly 
Rhodesia) showed strong potential of becoming a model of 
African development. It expanded a robust agricultural economy 
and it enjoyed a well-respected parliament and independent 
judiciary. The government of President Robert Mugabe extended 
social services to the previously disenfranchised majority, 
helping to give the country one of Africa's most highly 
educated populations. Zimbabwe was a source of stability in a 
largely troubled southern Africa region.
    Unfortunately, today's Zimbabwe is a very different 
country. For several years now, its government has become 
increasingly autocratic, systematically repressing peaceful 
political opposition. It has sanctioned wide scale human rights 
violations, which have been condemned by the United States, as 
well as the European Union and various human rights 
organizations. The Zimbabwe Lawyers for Human Rights group has 
observed that it is, ``outraged by the continued brutality, 
lack of respect for fundamental human rights and political 
partisanship of the Zimbabawe Republic Police.'' For 
Zimbabweans, it is a sad irony that the Mugabe government 
represses political opponents with the same Law and Order 
Maintenance Act which Ian Smith's repressive Rhodesian 
government pioneered to prevent majority rule. The Committee 
shares the concern of many observers that Zimbabwe stands on 
the brink of a violent political implosion.
    Zimbabwe also has been in deep economic decline. Because of 
overall economic mismanagement and a government-driven invasion 
of farmland, a once productive nation now faces accelerating 
poverty and widespread starvation. Foreign investment has 
plummeted due to a lack of investor confidence in the 
government's commitment to preserving the rule of law. Because 
of the government's economic policies, Zimbabwe is among the 
minority of African countries ineligible for the African Growth 
and Opportunity Act (AGOA), signed into law in 2000. The 
Committee endorses this Administration designation of 
ineligibility.
    The Committee has closely monitored events in Zimbabwe. In 
the second session of the 106th Congress, the Subcommittee on 
Africa held a hearing titled, ``Zimbabwe: Democracy on the 
Line.'' At that hearing, Members heard of government-sponsored 
human rights abuses. The Subcommittee Chairman was scheduled to 
lead an International Republican Institute election monitoring 
team to the 2000 parliamentary election (widely judged not to 
be ``free and fair'') until the government denied visas. 
Throughout the current Congress, Committee staff briefings have 
been held with Administration officials, Zimbabwe government 
officials, Zimbabwe opposition officials, and human rights 
organizations to better understand developments in this 
important southern African country. The Committee intends to 
continue this close monitoring.
    According to the Zimbabwean Constitution, presidential 
elections must be held by the end of March 2002. After losing 
ground at the polls in a parliamentary byelection, President 
Mugabe's government has acted increasingly violent, suppressing 
the independent press and political opposition. His government 
has rejected international efforts to address land reform in 
Zimbabwe, the most recent being the British-led Abuja Agreement 
made in September. The Mugabe government has breached this 
accord, which should have ended all land takeovers, by 
subsequently sanctioning farm invasions and the blatant 
disregard for the rule of law. Adding to the suffering of the 
Zimbabwean people is the rapid spread of HIV/AIDS. Zimbabwe is 
one of Africa's most heavily impacted countries. The Committee 
strongly supports U.S. HIV/AIDS programming in Zimbabwe.
    The regional implications of Zimbabwe's looming 
humanitarian disaster are grave. Neighboring nations could lose 
stability due to a mass exodus of Zimbabweans, which is 
possible with a continued economic and political deterioration. 
South Africa in particular faces this specter.
    The Zimbabwe Democracy and Economic Recovery Act of 2001 is 
a recognition that the U.S. has a significant interest in 
seeing that Zimbabwe reverse its decline and begin to reach its 
considerable potential. It establishes a policy framework of 
invectives for the government of Zimbabwe to proceed with free 
and fair elections, respect the rule of law (including as it 
relates land reform) and take other policy actions. If the 
government of Zimbabwe moves in this direction, the legislation 
encourages the U.S. Treasury Department to work through the 
international financial institutions in order to provide debt 
relief and other economic development aid to Zimbabwe. But 
absent a Zimbabwe government commitment to democracy and the 
rule of law, the legislation prohibits the U.S. from supporting 
any such assistance, which is the international financial 
institution's current position.
    S. 494 also authorizes U.S. bilateral aid for land reform 
and governance programs. The Committee believes, however, that 
land reform aid under current conditions would be 
counterproductive. The Committee strongly supports democracy 
and governance programs and programs supporting an independent 
press in Zimbabwe, whose funding is authorized by this 
legislation. The Committee notes that the Mugabe government 
enjoys a virtual monopoly on radio broadcasts, which should be 
broken.
    President Mugabe is doing all he can to see that the world 
is not watching his government's actions. Washington Post and 
New York Times reporters have been denied visas. Foreign 
journalists are routinely harassed and intimidated. Zimbabwean 
journalists, though, have born the brunt of government attack. 
Newspaper offices have been bombed, with likely government 
complicity. Against this, the Committee notes profiles in 
courage. For example, Geoff Nyarota, editor of the Daily News, 
recently won the New York-based Committee to Protect 
Journalists Press Freedom Award for his courageous work 
uncovering government corruption. There is reason to believe 
that passage of this legislation would provide a considerable 
morale boost to those Zimbabweans resisting government 
persecution.
    Given the fact that there are years of credible reporting 
of Zimbabwe government corruption, this legislation encourages 
the Administration to begin the process of imposing personal 
sanctions (travel ban and asset freeze) on those individuals 
responsible for the breakdown of the rule of law in Zimbabwe. 
This should include consultation with others nations and 
international organizations. The European Union has already 
taken steps to impose such ``smart sanctions.'' The Committee 
believes that this diplomatic tool could be of considerable 
impact in promoting democracy and the rule of law in Zimbabwe. 
Zimbabweans value frequent travels abroad and the ability to 
send their children to school overseas.
    In the run up to presidential elections, Zimbabwe is 
suffering increasing political violence. The political 
opposition deserves great credit for remaining peaceful in the 
face of government violence. For years now, its members have 
been beaten, tortured, and killed. Their discipline will be 
further tested in the coming months as the Mugabe regime 
provokes unrest, possibly to invoke a state of emergency to 
legitimize its canceling elections. Ominously, President Mugabe 
has begun referring to the political opposition as 
``terrorists.'' The Committee hopes that the political 
opposition remains steadfastly committed to non-violence. It 
also encourages the Administration to prepare a policy and 
security response should a state of emergency be declared.
    The Committee notes that the current crisis in Zimbabwe is 
in many ways more solvable than other crisis in Africa. More so 
than other African countries, Zimbabwe has the building blocks 
of a healthy democracy and economy. The Zimbabwean people are 
educated and skilled. There is a vibrant and peaceful 
opposition. The possibility of AGOA adds to Zimbabwe's 
considerable economic potential. The Committee expresses its 
desire to support Zimbabweans who are struggling against 
tyranny so that their country can begin to reach its potential. 
S. 494 helps lay a foundation for the U.S. to contribute to 
that future.

                                Hearings

    The Committee's Subcommittee on Africa held a hearing on 
the crisis titled Zimbabwe: Democracy on the Line, June 13, 
2000.

                        Committee Consideration

    On November 28, 2001, the Committee met in open session and 
ordered favorably reported the bill S. 494 with amendment by 
voice vote, a quorum being present.

                         Votes of the Committee

    There were no recorded votes of the Committee.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House Rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, S. 494, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 30, 2001.
Hon. Henry J. Hyde, Chairman,
Committee on International Relations,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 494, the Zimbabwe 
Democracy and Economic Recovery Act of 2001.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Joseph C. 
Whitehill, who can be reached at 226-2840.
            Sincerely,
                                  Dan L. Crippen, Director.

Enclosure

cc:
        Honorable Tom Lantos
        Ranking Democratic Member
S. 494--Zimbabwe Democracy and Economic Recovery Act of 2001.

                                SUMMARY

    S. 494 would support a transition to democracy and promote 
economic recovery in Zimbabwe through a set of incentives and 
sanctions. The act would require the United States to oppose 
lending by international financial institutions to or debt 
relief for Zimbabwe until the President certifies to the 
Congress that certain conditions are satisfied. It would, 
however, authorize additional funds for programs to reform 
landholding and to promote democracy and good governance in 
Zimbabwe. Assuming the appropriation of the authorized amounts, 
CBO estimates that implementing the act would cost $23 million 
over the 2002-2006 period. Because S. 494 would not affect 
direct spending or receipts, pay-as-you-go procedures would not 
apply.
    S. 494 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of S. 494 is shown in the 
following table. The costs of this legislation fall within 
budget function 150 (international affairs).

                           BASIS OF ESTIMATE

    S. 494 would earmark $20 million for land reform and $6 
million for programs to promote democracy and good governance 
in Zimbabwe from funds otherwise authorized to be appropriated 
in 2002 for development assistance and the economic support 
fund. No funds are currently authorized for 2002. CBO assumes 
that the specified amounts would be appropriated before the end 
of the session, and that outlays would follow historical 
spending patterns.

                                     By fiscal year, in millions of dollars
----------------------------------------------------------------------------------------------------------------
                                                              2001     2002     2003     2004     2005     2006
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for Zimbabwe                          16        0        0        0        0        0
  Budget Authority \1\
  Estimated Outlays                                              22       19       10        5        3        2
Proposed Changes                                                  0       26        0        0        0        0
  Authorization Level
  Estimated Outlays                                               0        2        8        7        4        2
Spending Under S. 494 for Zimbabwe                               16       26        0        0        0        0
  Authorization Level \1\
  Estimated Outlays                                              22       21       18       12        7        4
----------------------------------------------------------------------------------------------------------------
\1\ The 2001 level is the amount appropriated for that year.

                     PAY-AS-YOU-GO CONSIDERATIONS:

    None.

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    S. 494 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would not affect the budgets of 
state, local, or tribal governments.

                         PREVIOUS CBO ESTIMATE

    On July 16, 2001, CBO transmitted a cost estimate for S. 
494 as ordered reported by the Senate Committee on Foreign 
Relations on July 12, 2001. The two cost estimates are 
identical.

                         ESTIMATE PREPARED BY:

Federal Costs: Joseph C. Whitehill (226-2840)
Impact on State, Local, and Tribal Governments: Elyse Goldman 
        (225-3220)
Impact on the Private Sector: Lauren Marks (226-2940)

                         ESTIMATE APPROVED BY:

Peter H. Fontaine
Deputy Assistant Director for Budget Analysis

                    Performance Goals and Objectives

    The goals and objectives of this legislation are consistent 
with the Government Performance and Results Act. Plan submitted 
to Congress by the Department of State and the Agency for 
International Development for their fiscal year 2002 programs.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8, clause18 of the 
Constitution.

               Section-by-Section Analysis and Discussion

    Sec. 1. Title. Zimbabwe Democracy and Economic Recovery Act 
of 2001.
    Sec. 2. Statement of Policy. Declares it is U.S. policy to 
support the Zimbabwean people in their struggles to effect 
peaceful, democratic change, achieve broad-based and equitable 
economic growth, and restore the rule of law.
    Sec. 3. Definitions. International financial institutions 
refers to multilateral development banks and the International 
Monetary Fund.
    Sec. 4. Support for Democratic Transition and Economic 
Recovery. Encourages the cancellation or reduction of 
indebtedness owed to the United States and certain 
international financial institutions by, or the extension of 
loans, credit, or guarantees by such institutions to, the 
government of Zimbabwe upon the President's certification to 
the appropriate congressional committees that the government of 
Zimbabwe has: (1) restored the rule of law; (2) met certain 
election or pre-election conditions; (3) demonstrated a 
commitment to an equitable, legal, and transparent land reform 
program that is consistent with agreements reached at the1998 
International Donors' Conference on Land Reform and 
Resettlement in Zimbabwe. (4) made a good faith effort to end 
the war in the Democratic Republic of Congo; and (5) 
subordinated the Zimbabwean Armed Forces, the National Police 
of Zimbabwe, and other state security forces to the elected 
civilian government. Restricts multilateral assistance to 
Zimbabwe until such certification is made. Authorizes the 
President to waive such requirements if it is in the national 
interest of the United States.
    Sec. 5 . Support for Democratic Institutions, the Free 
Press and Independent Media, and The Rule of Law. Authorizes 
the President to provide certain foreign assistance funds to 
Zimbabwe to support the establishment of democratic 
institutions, free press and independent media, and the rule of 
law. Authorizes appropriations for FY 2002.
    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. Urges the President to consult 
immediately with the governments of European Union member 
states, Canada, and other appropriate foreign countries on 
specified actions to be taken against individuals responsible 
for violence and the breakdown of the rule of law in Zimbabwe.

                        New Advisory Committees

    S. 494 does not establish or authorize any new advisory 
committees.

                    Congressional Accountability Act

    S. 494 does not apply to the legislative branch.

                            Federal Mandages

    S. 494 provides no Federal mandates.