[DOCID: f:s2677rs.txt]

Calendar No. 589

106th CONGRESS

2d Session

S. 2677

To restrict assistance until certain conditions are satisfied and to

support democratic and economic transition in Zimbabwe.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 7, 2000

Mr. Frist (for himself, Mr. Feingold, and Mr. Helms) introduced the

following bill; which was read twice and referred to the Committee on

Foreign Relations

June 12, 2000

Reported by Mr. Helms, without amendment

_______________________________________________________________________

A BILL

To restrict assistance until certain conditions are satisfied and to

support democratic and economic transition in Zimbabwe.

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 toward an expeditious removal of its forces from the

Democratic Republic of Congo and ending all other support for

any of the parties to the conflict in that country; 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 (including 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;

(D) the provision of agricultural commodities,

other than food, under the Agricultural Trade

Development and Assistance Act of 1954; and

(E) financing under the Export-Import Bank Act of

1945.

(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.

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 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.

Calendar No. 589

106th CONGRESS

2d Session

S. 2677

_______________________________________________________________________

A BILL

To restrict assistance until certain conditions are satisfied and to

support democratic and economic transition in Zimbabwe.

_______________________________________________________________________

June 12, 2000

Reported without amendment