II Calendar No. 499 115th CONGRESS 2d Session S. 2779 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.

1. Short title This Act may be cited as the Zimbabwe Democracy and Economic Recovery Amendment Act of 2018 . 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 . 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. . 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). 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 . 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 . 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, . 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. 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.

1. Short title This Act may be cited as the Zimbabwe Democracy and Economic Recovery Amendment Act of 2018 . 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. 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. . 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 . 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 . 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. . 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, . 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. 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.

June 28, 2018 Reported with an amendment