115 STAT. 964 PUBLIC LAW 107-99 —DEC. 21, 2001 condoned, or tolerated by the Government of Zimbabwe, the ruling party, and their supporters or entities. (2) ELECTION OR PRE-ELECTION CONDITIONS. —E ither of the following two conditions is satisfied: (A) PRESIDENTIAL ELECTION.—Zimbabwe has held a presidentigJ election that is widely accepted as free and fair by independent international monitors, and the president-elect 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 DEMO- CRATIC 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 civilieui 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 Assisteince 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 (3) provide for democracy and governance programs in Zimbabwe. (b) FUNDING.— Of the funds authorized to be appropriated to carry out part I and chapter 4 of part II of the Foreign Assistance Act of 1961 for fiscal year 2002— (1) $20,000,000 is authorized to be available to provide the assistance described in subsection (a)(2); and (2) $6,000,000 is authorized to be available to provide the assistance described in subsection (a)(3).
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