[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2946 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2946
To advance the strategic alignment of United States diplomatic tools
toward the realization of free, fair, and transparent elections in
Nicaragua and to reaffirm the commitment of the United States to
protect the fundamental freedoms and human rights of the people of
Nicaragua, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 30, 2021
Mr. Sires (for himself, Ms. Salazar, Mr. Green of Tennessee, Ms.
Wasserman Schultz, Mrs. Murphy of Florida, Mr. Diaz-Balart, Mr. Soto,
Mr. Vargas, and Mr. Deutch) introduced the following bill; which was
referred to the Committee on Foreign Affairs, and in addition to the
Committees on Financial Services, and the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To advance the strategic alignment of United States diplomatic tools
toward the realization of free, fair, and transparent elections in
Nicaragua and to reaffirm the commitment of the United States to
protect the fundamental freedoms and human rights of the people of
Nicaragua, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Reinforcing
Nicaragua's Adherence to Conditions for Electoral Reform Act of 2021''
or the ``RENACER Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Congress.
Sec. 4. Restrictions on international financial institutions relating
to Nicaragua.
Sec. 5. Targeted sanctions to advance democratic elections.
Sec. 6. Developing and implementing a coordinated sanctions strategy
with diplomatic partners.
Sec. 7. Inclusion of Nicaragua in list of countries subject to certain
sanctions relating to corruption.
Sec. 8. Classified report on the involvement of Ortega family members
and Nicaraguan government officials in
corruption.
Sec. 9. Classified report on the activities of the Russian Federation
in Nicaragua.
Sec. 10. Report on human rights abuses in the interior of Nicaragua.
Sec. 11. Supporting independent news media and freedom of information
in Nicaragua.
Sec. 12. Amendment to short title of Public Law 115-335.
Sec. 13. Definition.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Adopted by the Organization of American States (in this
Act referred to as the ``OAS'') on October 21, 2020, the
Resolution Restoring Democratic Institutions and Respect for
Human Rights in Nicaragua Through Free and Fair Elections (in
this section referred to as the ``OAS Resolution'') reiterated
hemispheric concern that the government of President Daniel
Ortega in Nicaragua has failed to release all political
prisoners and implement agreed-upon measures to ensure freedom
of expression.
(2) The OAS Resolution called on the Ortega government to
accept the deployment of domestic and international electoral
observation missions and outlined a need for timely, inclusive
negotiations to achieve meaningful electoral reforms, including
the modernization of the Supreme Electoral Council, the
revitalization of a pluralistic political process, and an
independent audit of Nicaraguan voter rolls.
(3) A November 19, 2019, report from the OAS High Level
Commission on Nicaragua noted the Ortega government had engaged
in significant efforts since April 2018 to curtail the
fundamental rights of the citizens of Nicaragua, including
repeated acts of police intimidation and at least 325 murders,
which were predominately committed by government security
forces.
(4) On April 21, 2018, Nicaraguan journalist Angel Gahona
was killed while broadcasting live on social protests in the
country. Since April 2018, the Ortega government has increased
its harassment of independent media, which includes December
2019 police raids of the digital newspaper Confidencial and the
100% Noticias news channel, and a September 2020 court-ordered
seizure of assets belonging to independent broadcaster
Nicavision Canal 12.
(5) Since 2007, family members of President Daniel Ortega
and their political allies have purchased over a dozen TV
channels, radio stations, and online news sites in Nicaragua,
including Canal 4, 8, and 13, Radio Nicaragua, and El 19
Digital, to increase pro-government media coverage and silence
media coverage critical of the government.
(6) Sandinista National Liberation Front members of the
National Assembly of Nicaragua, with support from the Ortega
government, recently approved legislation to obstruct citizen
mobilization and codify the persecution of political opponents,
including--
(A) the Foreign Agents Regulation Law on October
15, 2020, which requires civil society, nongovernmental
organizations, and citizens who receive funds
originating from abroad to register as ``foreign
agents'', and bars them from engaging in domestic
political activity;
(B) the Special Cybercrimes Law on October 27,
2020, which established prison sentences for
individuals who spread information online that the
Government of Nicaragua deems to be false or construes
to cause alarm, terror, or unease in the public;
(C) the Self-Determination Law on December 21,
2020, which provides President Ortega with the
authority to unilaterally declare citizens
``terrorists'' or ``traitors to the homeland'' for
opposing his rule and ban them from running for public
office, effectively preventing any individuals who
supported the 2018 protests from being candidates; and
(D) the reform to the Consumer Protection Law on
February 4, 2021, which provides the Government of
Nicaragua the authority to mandate Nicaraguan
commercial banks to overturn and ignore sanctions
imposed by the United States with respect to persons on
the list of specifically designated national and
blocked persons maintained by the Office of Foreign
Assets Control of the Department of the Treasury.
(7) According to preliminary reports of the Government of
Nicaragua, Hurricanes Eta and Iota, which made landfall in
Nicaragua on November 3 and November 16, 2020, respectively,
affected more than 3,000,000 individuals and resulted in an
economic loss in excess of $742,000,000. Indigenous Miskito and
Mayangna communities situated in the North Caribbean Coast
Autonomous Region bore the brunt of the devastation, with at
least 23 indigenous territories and upwards of 147,000
indigenous inhabitants directly impacted by the weather
phenomena.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) ongoing efforts by the government of President Daniel
Ortega in Nicaragua to suppress the voice and actions of civil
society, political opponents, and independent news media
violate the fundamental freedoms and basic human rights of the
people of Nicaragua;
(2) Congress unequivocally condemns the passage of the
Foreign Agents Regulation Law, the Special Cybercrimes Law, and
the Self-Determination Law by the National Assembly of
Nicaragua, which represent clear attempts by the Ortega
government to curtail the fundamental freedoms and basic human
rights of the people of Nicaragua;
(3) Congress recognizes that free, fair, and transparent
elections predicated on robust reform measures and the presence
of domestic and international observers represent the best
opportunity for the people of Nicaragua to restore democracy
and reach a peaceful solution to the political and social
crisis in Nicaragua;
(4) the United States should align the use of diplomatic
engagement and all other foreign policy tools, including the
use of targeted sanctions, in support of efforts by democratic
political actors and civil society in Nicaragua to advance the
necessary conditions for free, fair, and transparent elections
in Nicaragua;
(5) the United States, in order to maximize the
effectiveness of efforts described in paragraph (4), should--
(A) coordinate with diplomatic partners, including
the Government of Canada, the European Union, and
partners in Latin America and the Caribbean; and
(B) advance diplomatic initiatives in consultation
with the OAS and the United Nations; and
(6) pursuant to section 6(b) of the Nicaragua Investment
Conditionality Act of 2018, the President should waive the
application of restrictions under section 4 of that Act and the
sanctions under section 5 of that Act if the Secretary of State
certifies that the Government of Nicaragua is taking the steps
identified in section 6(a) of that Act, including taking steps
to ``to hold free and fair elections overseen by credible
domestic and international observers''.
SEC. 4. RESTRICTIONS ON INTERNATIONAL FINANCIAL INSTITUTIONS RELATING
TO NICARAGUA.
Section 4 of the Nicaragua Investment Conditionality Act of 2018 is
amended--
(1) by redesignating subsections (a), (b), and (c) as
subsections (b), (c), and (d), respectively;
(2) by inserting before subsection (b), as redesignated by
paragraph (1), the following:
``(a) Sense of Congress.--It is the sense of Congress that the
Secretary of the Treasury should take all possible steps, including
through the full implementation of the exceptions set forth in
subsection (c), to ensure that the restrictions required under
subsection (b) do not negatively impact the basic human needs of the
people of Nicaragua.'';
(3) in subsection (c), as so redesignated, by striking
``subsection (a)'' and inserting ``subsection (b)''; and
(4) by striking subsection (d), as so redesignated, and
inserting the following:
``(d) Increased Oversight.--
``(1) In general.--The United States Executive Director at
each international financial institution of the World Bank
Group, the United States Executive Director at the Inter-
American Development Bank, and the United States Executive
Director at each other international financial institution,
including the International Monetary Fund, shall take all
practicable steps to increase scrutiny of any loan or financial
or technical assistance provided for a project in Nicaragua to
ensure that the loan or assistance is being used for the
intended purposes.
``(2) Mechanisms for increased scrutiny.--The United States
Executive Director at each international financial institution
described in paragraph (1) shall use the voice, vote, and
influence of the United States to encourage that institution to
develop oversight mechanisms for new and existing loans or
financial or technical assistance provided for a project in
Nicaragua to ensure that such loans and assistance are being
used for the intended purposes.
``(e) Interagency Consultation.--Before implementing the
restrictions described in subsection (b), or before exercising an
exception under subsection (c), the Secretary of the Treasury shall
consult with the Secretary of State and with the Administrator of the
United States Agency for International Development to ensure that all
loans and financial or technical assistance to Nicaragua are consistent
with United States foreign policy objectives as defined in section 3.
``(f) Report.--Not later than 180 days after the date of the
enactment of the RENACER Act, and annually thereafter until the
termination date specified in section 10, the Secretary of the
Treasury, in coordination with the Secretary of State and the
Administrator of the United States Agency for International
Development, shall submit to the appropriate congressional committees a
report on the implementation of this section, which shall include--
``(1) summary of any loans and financial and technical
assistance provided by international financial institutions for
projects in Nicaragua;
``(2) a description of the implementation of the
restrictions described in subsection (b);
``(3) an identification of the occasions in which the
exceptions under subsection (c) are exercised and an assessment
of how the loan or assistance provided with each such exception
may address basic human needs or promote democracy in
Nicaragua; and
``(4) a description of the results of the increased
oversight conducted under subsection (d).''.
SEC. 5. TARGETED SANCTIONS TO ADVANCE DEMOCRATIC ELECTIONS.
(a) Coordinated Strategy.--
(1) In general.--The Secretary of State and the Secretary
of the Treasury, in consultation with the intelligence
community (as defined in section 3 of the National Security Act
of 1947 (50 U.S.C. 3003)), shall develop and implement a
coordinated strategy to align diplomatic engagement efforts
with the implementation of targeted sanctions in order to
support efforts to facilitate the necessary conditions for
free, fair, and transparent elections in Nicaragua.
(2) Briefing required.--Not later than 60 days after the
date of the enactment of this Act, and every 60 days thereafter
until December 31, 2021, the Secretary of State and the
Secretary of the Treasury shall brief the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives on steps to be taken by the United
States Government to develop and implement the coordinated
strategy required by paragraph (1).
(b) Targeted Sanctions Prioritization.--
(1) In general.--Pursuant to the coordinated strategy
required by subsection (a), the President shall prioritize the
implementation of the targeted sanctions required under section
5 of the Nicaragua Investment Conditionality Act of 2018 with
respect to foreign persons directly or indirectly obstructing
the establishment of conditions necessary for the realization
of free, fair, and transparent elections in Nicaragua.
(2) Targets.--In carrying out paragraph (1), the President
shall specifically target foreign persons involved in directly
or indirectly obstructing the establishment of conditions
described in that paragraph, including--
(A) officials in the government of President Daniel
Ortega;
(B) family members of President Daniel Ortega;
(C) members of the National Nicaraguan Police;
(D) members of the Nicaraguan Armed Forces;
(E) members of the Supreme Electoral Council of
Nicaragua;
(F) party members and elected officials from the
Sandinista National Liberation Front and their family
members;
(G) individuals or entities affiliated with
businesses engaged in corrupt financial transactions
with officials in the government of President Daniel
Ortega, his party, or his family; and
(H) individuals identified in the report required
by section 8 as involved in significant acts of public
corruption in Nicaragua.
SEC. 6. DEVELOPING AND IMPLEMENTING A COORDINATED SANCTIONS STRATEGY
WITH DIPLOMATIC PARTNERS.
(a) Findings.--Congress makes the following findings:
(1) On June 21, 2019, the Government of Canada, pursuant to
its Special Economic Measures Act, designated 9 officials of
the Government of Nicaragua for the imposition of sanctions in
response to gross and systematic human rights violations in
Nicaragua.
(2) On May 4, 2020, the European Union imposed sanctions
with respect to 6 officials of the Government of Nicaragua
identified as responsible for serious human rights violations
and for the repression of civil society and democratic
opposition in Nicaragua.
(3) On October 12, 2020, the European Union extended its
authority to impose restrictive measures on ``persons and
entities responsible for serious human rights violations or
abuses or for the repression of civil society and democratic
opposition in Nicaragua, as well as persons and entities whose
actions, policies or activities otherwise undermine democracy
and the rule of law in Nicaragua, and persons associated with
them''.
(b) Sense of Congress.--It is the sense of Congress that the United
States should encourage the Government of Canada, the European Union
and governments of members countries of the European Union, and
governments of countries in Latin America and the Caribbean to use
targeted sanctions with respect to persons involved in human rights
violations and the obstruction of free, fair, and transparent elections
in Nicaragua.
(c) Coordinating International Sanctions.--The Secretary of State,
working through the head of the Office of Sanctions Coordination
established by section 1(h) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a(h)), and in consultation with the
Secretary of the Treasury, shall engage in diplomatic efforts with
governments of countries that are partners of the United States,
including the Government of Canada, governments of countries in the
European Union, and governments of countries in Latin America and the
Caribbean, to impose targeted sanctions with respect to the persons
described in section 5(b) in order to advance democratic elections in
Nicaragua.
(d) Briefing Requirement.--Not later than 60 days after the date of
the enactment of this Act, and every 60 days thereafter until December
31, 2021, the Secretary of State, in consultation with the Secretary of
the Treasury, shall brief the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives on the implementation of this section.
SEC. 7. INCLUSION OF NICARAGUA IN LIST OF COUNTRIES SUBJECT TO CERTAIN
SANCTIONS RELATING TO CORRUPTION.
Section 353 of title III of division FF of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) is amended--
(1) in the section heading, by striking ``and honduras''
and inserting ``, honduras, and nicaragua''; and
(2) by striking ``and Honduras'' each place it appears and
inserting ``, Honduras, and Nicaragua''.
SEC. 8. CLASSIFIED REPORT ON THE INVOLVEMENT OF ORTEGA FAMILY MEMBERS
AND NICARAGUAN GOVERNMENT OFFICIALS IN CORRUPTION.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of State, acting through the
Bureau of Intelligence and Research of the Department of State, and in
coordination with the Director of National Intelligence, shall submit a
classified report to the appropriate congressional committees on
significant acts of public corruption in Nicaragua that--
(1) involve--
(A) the President of Nicaragua, Daniel Ortega;
(B) members of the family of Daniel Ortega; and
(C) senior officials of the Ortega government,
including--
(i) members of the Supreme Electoral
Council, the Nicaraguan Armed Forces, and the
National Nicaraguan Police; and
(ii) elected officials from the Sandinista
National Liberation Front party;
(2) pose challenges for United States national security and
regional stability;
(3) impede the realization of free, fair, and transparent
elections in Nicaragua; and
(4) infringe upon the fundamental freedoms of civil society
and political opponents in Nicaragua.
(b) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 9. CLASSIFIED REPORT ON THE ACTIVITIES OF THE RUSSIAN FEDERATION
IN NICARAGUA.
The Secretary of State shall include in the classified report
required by section 8 a separate section on activities of the
Government of the Russian Federation in Nicaragua, including--
(1) cooperation between Russian and Nicaraguan military
personnel, intelligence services, security forces, and private
Russian security contractors;
(2) cooperation related to telecommunications and satellite
navigation;
(3) other political and economic cooperation; and
(4) the threats and risks that such activities pose to
United States national interests and national security.
SEC. 10. REPORT ON HUMAN RIGHTS ABUSES IN THE INTERIOR OF NICARAGUA.
(a) Findings.--Congress finds that, since the June 2018 initiation
of ``Operation Clean-up'', an effort of the government of Daniel Ortega
to dismantle barricades constructed throughout Nicaragua during social
demonstrations in April 2018, the Ortega government has increased its
abuse of campesinos and members of indigenous communities, including
arbitrary detentions, torture, and sexual violence as a form of
intimidation.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report that documents the
perpetration of gross human rights violations by the Ortega government
against campesinos and indigenous communities in the interior of
Nicaragua.
(c) Elements.--The report required by subsection (b) shall--
(1) include a compilation of human rights violations
committed by the Ortega government against inhabitants of the
interior of Nicaragua, with a focus on such violations
committed since April 2018, including human rights abuses and
extrajudicial killings in--
(A) the cities of Managua, Carazo, and Masaya
between April and June of 2018; and
(B) the municipalities of Wiwili, El Cua, San Jose
de Bocay, and Santa Maria de Pantasma in the Department
of Jinotega, Esquipulas in the Department of Rivas, and
Bilwi in the North Caribbean Coast Autonomous Region
between 2018 and 2021;
(2) outline efforts by the Ortega government to intimidate
and disrupt the activities of CENIDH and other civil society
organizations attempting to hold the government accountable for
infringing on the fundamental rights and freedoms of the people
of Nicaragua; and
(3) provide recommendations on how the United States, in
collaboration with international partners and Nicaraguan civil
society, should leverage its diplomatic capabilities, including
sanctions, to curtail the gross human rights violations
perpetrated by the Ortega government and better support the
victims of human rights violations in the interior of
Nicaragua.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
SEC. 11. SUPPORTING INDEPENDENT NEWS MEDIA AND FREEDOM OF INFORMATION
IN NICARAGUA.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, the Administrator for
the United States Agency for International Development, and the Chief
Executive Officer of the United States Agency for Global Media, shall
submit to Congress a report that includes--
(1) an evaluation of the governmental, political, and
technological obstacles faced by the people of Nicaragua in
their efforts to obtain accurate, objective, and comprehensive
news and information about domestic and international affairs;
(2) a list of all TV channels, radio stations, online news
sites, and other media platforms operating in Nicaragua that
are directly or indirectly owned or beneficially controlled by
President Daniel Ortega, members of the Ortega family, or known
allies of the Ortega government; and
(3) a list of any independent press organization or any
person affiliated with the independent news media that has
experienced intimidation, harassment, physical assault, theft
of property, or fatal injury by agents of the Government of
Nicaragua or pro-government supporters in direct relation to
their journalistic activities since April 2018.
(b) Elements.--The report required by subsection (a) shall
include--
(1) an assessment of the extent to which the current level
and type of news and related programming and content provided
by the Voice of America and other sources is addressing the
informational needs of the people of Nicaragua;
(2) a description of existing United States efforts to
strengthen freedom of the press and freedom of expression in
Nicaragua, including recommendations to expand upon those
efforts; and
(3) a strategy for strengthening independent broadcasting,
information distribution, and media platforms in Nicaragua.
SEC. 12. AMENDMENT TO SHORT TITLE OF PUBLIC LAW 115-335.
Section 1(a) of the Nicaragua Human Rights and Anticorruption Act
of 2018 (Public Law 115-335; 50 U.S.C. 1701 note) is amended to read as
follows:
``(a) Short Title.--This Act may be cited as the `Nicaragua
Investment Conditionality Act of 2018' or the `NICA Act'.''.
SEC. 13. DEFINITION.
In this Act, the term ``Nicaragua Investment Conditionality Act of
2018'' means the Public Law 115-335 (50 U.S.C. 1701 note), as amended
by section 12.
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