(15) Delegation of Functions Under the FREEDOM Support Act and Related Provisions of the Foreign Operations, Export Financing, and Related Programs Appropriations Act Executive Order 12884 of December 1, 1993; 58 F.R. 64099; 22 U.S.C. 5812 note; amended by Executive Order 13030 of December 12, 1996, 61 F.R. 66187; and by Executive Order 13118, March 31, 1999, 64 F.R. 16595 By the authority vested in me as President by the Constitution and the laws of the United States of America, including the FREEDOM Support Act (Public Law 102-511) (the "Act"), the Foreign Assistance Act of 1961, as amended (the "Foreign Assistance Act"), the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1993 (Public Law 102-391), and section 301 of title 3, United States Code, it is hereby ordered as follows: Section 1. Secretary of State. (a) There are delegated to the Secretary of State the functions conferred upon the President by: (1) section 907 of the Act; (2) paragraphs (1), (2), (3), and (5)1 of section 498A(b) of the Foreign Assistance Act; (3) paragraph (1) of section 498A(C) of the Foreign Assistance Act and the requirement to make reports under that section regarding determinations under that paragraph; and (4) section 599B of Public Law 102-391. (b) The Secretary of State may at any time exercise any function delegated to the Coordinator under this order or otherwise assigned to the Coordinator. Sec. 2. Coordinator. There are delegated to the Coordinator designated in accordance with section 102 of the Act the functions conferred upon the President by: (a) section 104 of the Act, and the Coordinator is authorized to assign responsibility for particular aspects of the reports described in that section to the heads of appropriate agencies; (b) section 301 of the Act, insofar as it relates to determinations and directives; (c) section 498A(a), section 498B(c), and section 498B(g) of the Foreign Assistance Act; and (d) paragraph (2) of section 498A(c) of the Foreign Assistance Act and the requirement to make reports under that section regarding determinations under that paragraph. 1 Sec. 3 of Executive Order 13030, December 12, 1996 (61 F.R. 66187), added reference to para. (5). Sec. 3.2 Secretary of State-Additional Functions. There are delegated to the Secretary of State the functions conferred upon the President by: (a) sections 301(a) and 307 of the Act, except insofar as provided otherwise in section 2(b) of this order; (b) section 498 and section 498C(b)(2) of the Foreign Assistance Act: (c) paragraph (3) of section 498A(c) of the Foreign Assistance Act and the requirement to make reports under that section regarding determinations under that paragraph; (d) subsection (d) under the heading "Assistance for the New Independent States of the Former Soviet Union" contained in Title II of Public Law 102-391; and (e) section 592 of Public Law 102-391, except to the extent otherwise provided in section 5(b) of this order. Sec. 4. Secretary of Agriculture. There are delegated to the Secretary of Agriculture the functions conferred upon the President by section 807(d) of the Act. Sec. 5. Other Agencies. The functions conferred upon the President by: (a) sections 498B(h) and 498B(i) of the Foreign Assistance Act are delegated to the head of the agency that is responsible for administering the particular program or activity with respect to which the authority is to be exercised; and (b) the third proviso in section 592 of Public Law 102-391 are delegated to the head of each agency that is responsible for administering relevant programs or activities. Sec. 6. General. (a) The functions described in sections 4 and 53 of this order shall be exercised subject to the authority of the Coordinator under section 102(a) of the Act or otherwise. (b) As used in this order, the word "function" includes any duty, obligations, power, authority, responsibility, right, privilege, discretion, or activity. (c) Functions delegated under this order shall be construed as excluded from the functions delegated under section 1-102(a) of Executive Order No. 12161, as amended. (d) Any officer to whom functions are delegated or otherwise assigned under this order may, to the extent consistent with law, redelegate such functions and authorize their successive redelegation. 2 Sec. 1422(a)(4) of the Foreign Affairs Reform and Restructuring Act of 1998 (Public Law 105-277; 112 Stat. 2681-792) stated that sec. 3 "shall cease to be effective". Sec. 10(1)(a) of Executive Order 13118 (64 F.R. 16598), however, subsequently struck out "International Development Cooperation Agency. There are delegated to the United States International Development Cooperation the functions conferred upon the President by:" and inserted in lieu thereof "Secretary of State-Additional Functions. There are delegated to the Secretary of State the functions conferred upon the President by:". 3 Sec. 1001 of Executive Order 13118 (64 F.R. 16598) struck out “3, 4, and 5” and inserted in lieu ther c. Assistance to Africa 1 (1) Zimbabwe Democracy and Economic Recovery Act of 2001 Public Law 107–99 [S. 494], 115 Stat. 962, approved December 21, 2001 AN ACT To provide for a transition to democracy and to promote economic recovery in Zimbabwe. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.2 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. (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 See also the Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497) and the Sudan Peace Act (Public Law 107-245), in Legislation on Foreign Relations Through 2004, vol. 222 U.S.C. 2151 note. I-A 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 presidentelect 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 |