Title: Zimbabwe Democracy and Economic Recovery Amendment Act of 2018
Policy area: International Affairs

Summary:
Zimbabwe Democracy and Economic Recovery Amendment Act of 2018
This bill establishes pre- and post- election conditions that Zimbabwe must satisfy in order to remove Department of the Treasury opposition to: (1) international financial institution loan, credit, or guarantee extensions to Zimbabwe; or (2) cancellation or reduction of debt owed by Zimbabwe to the United States or any international financial institution. The bill also expresses the sense of Congress on past atrocities and human rights abuses in Zimbabwe and steps that the government of Zimbabwe might take to improve ties with the United States.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2595 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2595

   To amend the Zimbabwe Democracy and Economic Recovery Act of 2001.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 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, and reconstruct and rebuild Zimbabwe''.

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. WITHHOLDING OF FUNDING FOR AFRICAN DEVELOPMENT FUND.

    Section 4(c) of the Zimbabwe Democracy and Economic Recovery Act of 
2001 is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and moving such 
        subparagraphs, as so redesignated, two ems to the right;
            (2) by striking ``Restriction.--Until'' and inserting the 
        following: ``Restriction.--
            ``(1) In general.--Until''; and
            (3) by adding at the end the following new paragraph:
            ``(2) Withholding of funding for african development 
        fund.--The United States Government shall withhold funding for 
        the African Development Fund equivalent to any funding provided 
        to Zimbabwe through Pillar II for arrears clearance.''.

SEC. 6. 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-election conditions.--The following pre-election 
        conditions are met:
                    ``(A) Establishment and public release, without 
                cost, in both paper and digital formats, of a biometric 
                voter registration roll that is endorsed by all 
                registered political parties.
                    ``(B) An independent electoral management body is 
                selected, the members of which should be nominated by 
                all political parties represented in the parliament of 
                Zimbabwe, and permitted to entirely carry out the 
                functions assigned to it in section 239 of Zimbabwe's 
                2013 constitution in an entirely independent manner.
                    ``(C) 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.
                    ``(D) International observers, including from the 
                United States, the African Union, the Southern African 
                Development Community, and the European Union are 
                permitted to observe the entire electoral process, both 
                prior to, on, and following voting day, including by 
                monitoring polling stations and counting 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, which must afford equal time and 
                coverage to all registered parties, in an impartial 
                manner, and must be able to campaign in an environment 
                that is free from intimidation and violence.
                    ``(F) Civil society organizations must freely and 
                independently be able to 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 parallel vote tabulation exercises.'';
            (2) by redesignating paragraphs (3) and (5) as paragraphs 
        (7) and (8), 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.
            ``(5) Upholding the constitution.--The Secretary of State 
        has certified that all elements of the Constitution, including 
        devolution, 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) Diamond revenues.--The Secretary of State has 
        certified that a transparent and credible accounting for all 
        diamond revenues since 2000 has taken place.''; and
            (5) in paragraph (7), as redesignated by paragraph (2) of 
        this subsection, by striking ``consistent with'' and all that 
        follows through ``September 1998''.

SEC. 7. 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. 8. INCLUSION OF AUSTRALIA 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. 9. SENSE OF CONGRESS ON PAST ATROCITIES AND HUMAN RIGHTS ABUSES.

    It is the sense of Congress that the Government of Zimbabwe should 
take immediate action to--
            (1) unify the people of Zimbabwe by--
                    (A) acknowledging that human rights have been 
                abused, including during the urban land clearances of 
                Operation Murambatsvina, and the violence perpetrated 
                in the wake of the 2008 election against the opposition 
                and citizens of Zimbabwe;
                    (B) undertaking a genuine process of national 
                reconciliation up to and including acknowledging and 
                apologizing for atrocities in Matabeleland 
                (Gukurahundi); and
                    (C) taking steps to offer redress or compensation 
                to victims of abuses identified in subparagraphs (A) 
                and (B), in a manner recommended by the Zimbabwe Human 
                Rights Commission and the National Peace and 
                Reconciliation Commission; and
            (2) order an immediate inquiry into the disappearance of 
        prominent human rights activists, including Patrick Nabanyama, 
        Itai Dzamara, and Paul Chizuze.

SEC. 10. 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. 11. SENSE OF CONGRESS ON STEPS THAT MIGHT INCREASE POSSIBILITY OF 
              INCREASED TIES.

    It is the sense of Congress that the United States Government would 
be more optimistic about the possibility for increased ties with 
Zimbabwe, including in the areas of trade and investment, if--
            (1) the government of Zimbabwe takes the steps outlined in 
        section 6 and takes concrete, tangible steps outlined in 
        paragraphs (2) through (7) of section 4(d) of the Zimbabwe 
        Democracy and Economic Recovery Act of 2001, as added by 
        section 6 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.
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