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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2779 Introduced in Senate (IS)]

<DOC>

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

_______________________________________________________________________

                                 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,

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 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''.

SEC. 3. FINDINGS.

    Section 4(a) of the Zimbabwe Democracy and Economic Recovery Act of 
2001 is amended--
            (1) in paragraph (1)--
                    (A) by striking ``the costly deployment of troops 
                to the Democratic Republic of the Congo'' and inserting 
                ``private appropriation of public assets''; and
                    (B) by striking ``Development and'' and inserting 
                ``Development, International Development Association, 
                and, until recently,''; and
            (2) by adding at the end the following new paragraph:
            ``(6) In October 2016, the Government of Zimbabwe cleared 
        its longstanding arrears with the IMF.''.

SEC. 4. REMOVAL OF PROVISIONS RELATED TO MULTILATERAL DEBT RELIEF AND 
              OTHER FINANCIAL ASSISTANCE.

    Section 4(b) of the Zimbabwe Democracy and Economic Recovery Act of 
2001 is amended--
            (1) by striking ``Recovery.--'' and all that follows 
        through ``Upon receipt'' and inserting ``Recovery.--Upon 
        receipt''; and
            (2) by striking paragraph (2).

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, 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.
                    ``(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.
                    ``(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.
                    ``(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.
                    ``(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.
                    ``(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.'';
            (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 new 
        paragraphs:
            ``(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 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.
            ``(5) Upholding the constitution.--All elements of the 
        constitution are being implemented.
            ``(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.
            ``(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
            (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)(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''.

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, and the United Kingdom'' 
after ``Canada,''.

SEC. 8. SENSE OF CONGRESS ON ENFORCEMENT OF SADC TRIBUNAL RULINGS.

    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.

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 
        added by section 5 of this Act; and
            (2) takes concrete, tangible steps towards--
                    (A) good governance, including respect for 
                opposition, rule of law, and human rights; and
                    (B) economic reforms such as respect for contracts 
                and private property rights.
                                 <all>
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