[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1881 Reported in Senate (RS)]
<DOC>
Calendar No. 371
118th CONGRESS
2d Session
S. 1881
To reauthorize and amend the Nicaraguan Investment Conditionality Act
of 2018 and the Reinforcing Nicaragua's Adherence to Conditions for
Electoral Reform Act of 2021, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 8, 2023
Mr. Rubio (for himself, Mr. Kaine, and Mr. Cassidy) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
May 7, 2024
Reported by Mr. Cardin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To reauthorize and amend the Nicaraguan Investment Conditionality Act
of 2018 and the Reinforcing Nicaragua's Adherence to Conditions for
Electoral Reform Act of 2021, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Restoring
Sovereignty and Human Rights in Nicaragua Act of 2023''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents of this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>Sec. 3. Findings.
<DELETED>Sec. 4. Sense of Congress.
<DELETED>TITLE I--REAUTHORIZATION AND AMENDMENT OF THE NICARAGUAN
INVESTMENT CONDITIONALITY ACT OF 2018 AND THE REINFORCING NICARAGUA'S
ADHERENCE TO CONDITIONS FOR ELECTORAL REFORM ACT OF 2021
<DELETED>Sec. 101. Extension of authorities of the Nicaraguan
Investment Conditionality Act of 2018.
<DELETED>Sec. 102. Enhancing sanctions on sectors of the Nicaraguan
economy that generate revenue for the
Ortega family.
<DELETED>Sec. 103. Imposition of sanctions with respect to the Ortega
administration's abuses against the
Catholic Church, political prisoners, and
support for the invasion of Ukraine.
<DELETED>Sec. 104. Coordinated diplomatic strategy to restrict
investment and loans that benefit the
Government of Nicaragua from the Central
American Bank for Economic Integration.
<DELETED>TITLE II--ADDITIONAL ECONOMIC MEASURES TO HOLD THE GOVERNMENT
OF NICARAGUA ACCOUNTABLE FOR HUMAN RIGHTS ABUSES
<DELETED>Sec. 201. Statement of policy.
<DELETED>Sec. 202. Review of participation of Nicaragua in the
Dominican Republic-Central America-United
States free trade agreement.
<DELETED>Sec. 203. Prohibition on new United States investment in
Nicaragua.
<DELETED>Sec. 204. Termination.
<DELETED>TITLE III--PROMOTING THE HUMAN RIGHTS OF NICARAGUANS
<DELETED>Sec. 301. Support for human rights and democracy programs.
<DELETED>Sec. 302. Support for Nicaraguan human rights at the United
Nations.
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Foreign Relations and
the Committee on Banking of the Senate; and</DELETED>
<DELETED> (B) the Committee on Foreign Affairs and
the Committee on Financial Services of the House of
Representatives.</DELETED>
<DELETED> (2) United states person.--The term ``United
States person'' means--</DELETED>
<DELETED> (A) an individual who is a citizen or
national of the United States or an alien lawfully
admitted for permanent residence in the United States;
and</DELETED>
<DELETED> (B) any corporation, partnership, or other
entity organized under the laws of the United States or
the laws of any jurisdiction within the United
States.</DELETED>
<DELETED>SEC. 3. FINDINGS.</DELETED>
<DELETED> Congress makes the following findings:</DELETED>
<DELETED> (1) The 2022 Annual Report of the United States
Commission on International Religious Freedom made the
following recommendations to the United States
Government:</DELETED>
<DELETED> (A) Maintain Nicaragua on the special
watch list of the Department of State under section
402(b)(1)(A)(iii) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)(iii)) for
engaging in or tolerating serious violations of
religious freedom.</DELETED>
<DELETED> (B) Impose targeted sanctions with respect
to agencies and officials of the Government of
Nicaragua responsible for violence and other punitive
actions against places of worship, religious leaders,
and organizations by freezing the assets of and barring
the entry of certain persons into the United States,
citing specific violations of religious
freedom.</DELETED>
<DELETED> (C) Collaborate with and encourage
multilateral organizations, such as the Organization of
American States--</DELETED>
<DELETED> (i) to monitor and investigate
violations of religious freedom that occur in
Nicaragua;</DELETED>
<DELETED> (ii) to work to identify
perpetrators of religious freedom violations in
Nicaragua; and</DELETED>
<DELETED> (iii) to seek the repeal of
problematic laws such as the foreign agents law
passed in Nicaragua in 2020.</DELETED>
<DELETED> (2) The Catholic Church in Nicaragua suffered--
</DELETED>
<DELETED> (A) 127 attacks in 2022;</DELETED>
<DELETED> (B) 54 attacks in 2021;</DELETED>
<DELETED> (C) 58 attacks in 2020;</DELETED>
<DELETED> (D) 76 attacks in 2019; and</DELETED>
<DELETED> (E) 81 attacks in 2018.</DELETED>
<DELETED> (3) In a 2022 report by the Economist Intelligence
Unit, Nicaragua was listed as an authoritarian regime and one
of the least democratic countries in the Western Hemisphere,
along with Cuba and Venezuela.</DELETED>
<DELETED> (4) According to the 2021 Country Reports on Human
Rights Practices published by the Department of State, members
of civil society and student leaders involved in the April 2018
protests in Nicaragua were subjected to torture and inhuman or
degrading treatment or punishment.</DELETED>
<DELETED> (5) According to human rights organizations, the
Ortega regime has 150 political prisoners, including prisoners
in solitary confinement.</DELETED>
<DELETED> (6) In 2022, the Ortega regime rejected a United
States envoy, declared the head of the European Union persona
non grata, and closed the Vatican embassy in Managua.</DELETED>
<DELETED> (7) On February 9, 2023, the authoritarian Ortega
regime--</DELETED>
<DELETED> (A) expelled 222 Nicaraguan nationals who
had been unjustly imprisoned for exercising their
fundamental rights; and</DELETED>
<DELETED> (B) stripped those nationals of Nicaraguan
citizenship.</DELETED>
<DELETED> (8) The invasion of Ukraine by President of the
Russian Federation Vladimir Putin poses a significant threat to
global peace and stability in the Western Hemisphere.</DELETED>
<DELETED> (9) The authoritarian regime of President Daniel
Ortega in Nicaragua is providing diplomatic support to the
Russian Federation and serving as an amplifier and repeater of
Russian propaganda on a global scale.</DELETED>
<DELETED> (10) The actions of the Government of Nicaragua
are impeding development of a global consensus to reject and
respond to crimes against humanity conducted by President
Putin.</DELETED>
<DELETED> (11) The Ortega regime has deepened the
relationship between the Government of Nicaragua and the
Government of the Russian Federation and is establishing
diplomatic relations with the Government of the People Republic
of China.</DELETED>
<DELETED>SEC. 4. SENSE OF CONGRESS.</DELETED>
<DELETED> It is the sense of Congress that--</DELETED>
<DELETED> (1) the Secretary of State, working through the
head of the Office of Sanctions Coordination, and in
consultation with the Secretary of the Treasury, should engage
in diplomatic efforts with 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 subject to sanctions authorized by the
Nicaraguan Investment Conditionality Act of 2018 and the
Reinforcing Nicaragua's Adherence to Conditions for Electoral
Reform Act of 2021 in order to hold the authoritarian regime of
President Daniel Ortega accountable for crimes against the
Catholic Church, the clergy, and the people of
Nicaragua;</DELETED>
<DELETED> (2) the United States Government should continue--
</DELETED>
<DELETED> (A) to raise concerns about human rights
and democracy in Nicaragua, and call attention to
religious and opposition leaders and civil society,
media, and faith-based organizations silenced by the
Ortega regime; and</DELETED>
<DELETED> (B) to enforce Executive Order 13851 (50
U.S.C. 1701 note; relating to blocking property of
certain persons contributing to the situation in
Nicaragua), and expand existing sanctions to other
sectors of the economy of Nicaragua, such as the meat
sector; and</DELETED>
<DELETED> (3) the international community, including the
Holy See, the International Red Cross, and the United Nations
should coordinate efforts--</DELETED>
<DELETED> (A) to improve the conditions of all
political prisoners in Nicaragua;</DELETED>
<DELETED> (B) to document all gross violations of
internationally recognized human rights in Nicaragua;
and</DELETED>
<DELETED> (C) to call for the end of political
persecution against members of religious organizations,
including the Catholic Church.</DELETED>
<DELETED>TITLE I--REAUTHORIZATION AND AMENDMENT OF THE NICARAGUAN
INVESTMENT CONDITIONALITY ACT OF 2018 AND THE REINFORCING NICARAGUA'S
ADHERENCE TO CONDITIONS FOR ELECTORAL REFORM ACT OF 2021</DELETED>
<DELETED>SEC. 101. EXTENSION OF AUTHORITIES OF THE NICARAGUAN
INVESTMENT CONDITIONALITY ACT OF 2018.</DELETED>
<DELETED> Section 10 of the Nicaraguan Investment Conditionality Act
of 2018 (Public Law 115-335; 50 U.S.C. 1701 note) is amended by
striking ``2023'' and inserting ``2028''.</DELETED>
<DELETED>SEC. 102. ENHANCING SANCTIONS ON SECTORS OF THE NICARAGUAN
ECONOMY THAT GENERATE REVENUE FOR THE ORTEGA
FAMILY.</DELETED>
<DELETED> Section 5(a) of the Nicaraguan Investment Conditionality
Act of 2018 (Public Law 115-335; 50 U.S.C. 1701 note) is amended--
</DELETED>
<DELETED> (1) in paragraph (3)(B), by striking
``or'';</DELETED>
<DELETED> (2) in paragraph (4), by striking the period at
the end and inserting ``; or''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(5) to operate or have operated in the gold,
cattle, or coffee sectors of the Nicaraguan economy or in any
other sector of the Nicaraguan economy identified by the
Secretary of the Treasury, in consultation with the Secretary
of State, for purposes of this paragraph.''.</DELETED>
<DELETED>SEC. 103. IMPOSITION OF SANCTIONS WITH RESPECT TO THE ORTEGA
ADMINISTRATION'S ABUSES AGAINST THE CATHOLIC CHURCH,
POLITICAL PRISONERS, AND SUPPORT FOR THE INVASION OF
UKRAINE.</DELETED>
<DELETED> (a) Expansion of Activities Triggering Targeted
Sanctions.--Section 5(b) of the Nicaraguan Investment Conditionality
Act of 2018 (Public Law 115-335; 50 U.S.C. 1701 note) is amended by
adding at the end the following:</DELETED>
<DELETED> ``(5) The arrest or prosecution of a person,
including a person who is a member of or an officer of the
Catholic Church, because of the legitimate exercise by such
person of the freedom of religion.</DELETED>
<DELETED> ``(6) The conviction and sentencing of a person
who is a member of an opposition party or independent civil
society organization under politically motivated
charges.</DELETED>
<DELETED> ``(7) Gross violations of the internationally
recognized human rights of prisoners.</DELETED>
<DELETED> ``(8) Acts of providing significant goods,
services, or technology to or expressing support for the
invasion of Ukraine by the Russian Federation that began on
February 24, 2022.''.</DELETED>
<DELETED> (b) Modification of Targeted Sanctions Prioritization.--
Section 5(b)(2)(B) of the Reinforcing Nicaragua's Adherence to
Conditions for Electoral Reform Act of 2021 (Public Law 117-54; 50
U.S.C. 1701 note) is amended--</DELETED>
<DELETED> (1) by redesignating clauses (viii) and (ix) as
clauses (ix) and (x), respectively; and</DELETED>
<DELETED> (2) by inserting after clause (vii) the following
new clause (viii):</DELETED>
<DELETED> ``(viii) Officials of the
Instituto de Prevision Social Militar (IPSM),
commonly known as the Military Institute of
Social Security of Nicaragua.''.</DELETED>
<DELETED>SEC. 104. COORDINATED DIPLOMATIC STRATEGY TO RESTRICT
INVESTMENT AND LOANS THAT BENEFIT THE GOVERNMENT OF
NICARAGUA FROM THE CENTRAL AMERICAN BANK FOR ECONOMIC
INTEGRATION.</DELETED>
<DELETED> Section 4 of the Nicaragua Investment Conditionality Act
of 2018 (Public Law 115-335; 50 U.S.C. 1701 note) is amended--
</DELETED>
<DELETED> (1) by redesignating subsection (f) as subsection
(g);</DELETED>
<DELETED> (2) by inserting after subsection (e) the
following new subsection (f):</DELETED>
<DELETED> ``(f) Diplomatic Strategy To Restrict Investment in
Nicaragua at the Central American Bank for Economic Integration.--The
Secretary of State, in consultation with the Secretary of the Treasury,
shall engage in diplomatic efforts with governments of countries that
are partners of the United States and members of the Central American
Bank for Economic Integration (referred to in this section as `CABEI'),
including the governments of Mexico, Taiwan, Argentina, Colombia,
Spain, and the Republic of Korea--</DELETED>
<DELETED> ``(1) to oppose the extension by CABEI of any loan
or financial or technical assistance to the Government of
Nicaragua for any project in Nicaragua;</DELETED>
<DELETED> ``(2) to increase the scrutiny of any loan or
financial or technical assistance provided by CABEI to any
project in Nicaragua; and</DELETED>
<DELETED> ``(3) to ensure that any loan or financial or
technical assistance provided by CABEI to a project in
Nicaragua is administered through an entity with full
technical, administrative, and financial independence from the
Government of Nicaragua.''; and</DELETED>
<DELETED> (3) in subsection (g), as so redesignated--
</DELETED>
<DELETED> (A) in paragraph (4), by striking ``;
and'' and inserting a semicolon;</DELETED>
<DELETED> (B) by redesignating paragraph (5) as
paragraph (6); and</DELETED>
<DELETED> (C) by inserting after paragraph (4) the
following new paragraph (5):</DELETED>
<DELETED> ``(5) a description of the results of the
diplomatic strategy mandated by subsection (f);
and''.</DELETED>
<DELETED>TITLE II--ADDITIONAL ECONOMIC MEASURES TO HOLD THE GOVERNMENT
OF NICARAGUA ACCOUNTABLE FOR HUMAN RIGHTS ABUSES</DELETED>
<DELETED>SEC. 201. STATEMENT OF POLICY.</DELETED>
<DELETED> It is the policy of the United States to seek a resolution
to the political crisis in Nicaragua that includes--</DELETED>
<DELETED> (1) a commitment by the Government of Nicaragua to
hold free and fair elections that meet democratic standards and
permit credible international electoral observation to replace
the Ortega administration;</DELETED>
<DELETED> (2) the cessation of the violence perpetrated
against civilians by the National Police of Nicaragua and by
armed groups supported by the Government of Nicaragua;
and</DELETED>
<DELETED> (3) independent investigations into the killings
of protesters in Nicaragua.</DELETED>
<DELETED>SEC. 202. REVIEW OF PARTICIPATION OF NICARAGUA IN THE
DOMINICAN REPUBLIC-CENTRAL AMERICA-UNITED STATES FREE
TRADE AGREEMENT.</DELETED>
<DELETED> (a) Report Required.--</DELETED>
<DELETED> (1) In general.--Not later than 1 year after the
date of the enactment of this Act, and annually thereafter, the
Secretary of State, in consultation with the United States
Trade Representative, shall submit to the appropriate
congressional committees a report on the participation of
Nicaragua in CAFTA-DR, which includes--</DELETED>
<DELETED> (A) an assessment of the benefits that the
Ortega regime receives from the participation of
Nicaragua in CAFTA-DR, including profits earned by
Nicaraguan State-owned entities;</DELETED>
<DELETED> (B) a description of the violations of
commitments made by Nicaragua under CAFTA-DR;
and</DELETED>
<DELETED> (C) an assessment of whether Nicaragua
qualifies as a nonmarket economy for the purposes of
the Trade Act of 1974 (19 U.S.C. 2101 et
seq.).</DELETED>
<DELETED> (2) Form.--The report required by paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.</DELETED>
<DELETED> (b) CAFTA-DR Defined.--In this section, the term ``CAFTA-
DR'' means the Dominican Republic-Central America-United States Free
Trade Agreement--</DELETED>
<DELETED> (1) entered into on August 5, 2004, with the
Governments of Costa Rica, the Dominican Republic, El Salvador,
Guatemala, Honduras, and Nicaragua, and submitted to Congress
on June 23, 2005; and</DELETED>
<DELETED> (2) approved by Congress under section 101(a)(1)
of the Dominican Republic-Central American-United States Free
Trade Agreement Implementation Act (19 U.S.C.
4011(a)(1)).</DELETED>
<DELETED>SEC. 203. PROHIBITION ON NEW UNITED STATES INVESTMENT IN
NICARAGUA.</DELETED>
<DELETED> (a) Prohibition.--After the date of the enactment of this
Act, a United States person, wherever located, may not make any
investment in any sector of the economy of Nicaragua.</DELETED>
<DELETED> (b) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
to carry out this section.</DELETED>
<DELETED> (c) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this section or
any regulation, license, or order issued to carry out this section
shall be subject to the penalties set forth in subsections (b) and (c)
of section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.</DELETED>
<DELETED> (d) Exceptions.--</DELETED>
<DELETED> (1) Exception for intelligence activities.--This
section shall not apply with respect to activities subject to
the reporting requirements under title V of the National
Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.</DELETED>
<DELETED> (2) Humanitarian exception.--The prohibition under
subsection (a) does not apply with respect to any person for
conducting or facilitating a transaction for the sale of
agricultural commodities, food, medicine, or medical devices to
Nicaragua, or for the provision of humanitarian assistance to
the people of Nicaragua.</DELETED>
<DELETED> (e) National Security Waiver.--The President may waive the
application of the prohibition under subsection (a) with respect to a
person if the President--</DELETED>
<DELETED> (1) determines that such a waiver is in the
national security interests of the United States; and</DELETED>
<DELETED> (2) submits to the appropriate congressional
committees a notification of the waiver and the reasons for the
waiver.</DELETED>
<DELETED>SEC. 204. TERMINATION.</DELETED>
<DELETED> The provisions of this title shall cease to have effect
upon certification by the President to the appropriate congressional
committees that a resolution to the political crisis in Nicaragua as
described in section 201 has been reached.</DELETED>
<DELETED>TITLE III--PROMOTING THE HUMAN RIGHTS OF NICARAGUANS</DELETED>
<DELETED>SEC. 301. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY
PROGRAMS.</DELETED>
<DELETED> (a) Grants.--</DELETED>
<DELETED> (1) In general.--The President may provide grants
to private, nonprofit organizations to support programs that
promote human rights, democracy, and the rule of law in
Nicaragua, including programs that document human rights abuses
committed by the Ortega regime since April 2018.</DELETED>
<DELETED> (2) Administration of programs.--Any program that
receives a grant under paragraph (1) shall be administered in
consultation with members of the Nicaraguan opposition,
including individuals in exile in Costa Rica and the United
States.</DELETED>
<DELETED> (3) Funding limitation.--Any entity owned,
controlled, or otherwise affiliated with the Ortega regime is
not eligible to receive a grant under this section.</DELETED>
<DELETED> (b) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter through fiscal year
2028, the Secretary of State, in consultation with the heads of other
appropriate Federal agencies, shall submit to the appropriate
congressional committees a report on actions taken pursuant to this
section.</DELETED>
<DELETED>SEC. 302. SUPPORT FOR NICARAGUAN HUMAN RIGHTS AT THE UNITED
NATIONS.</DELETED>
<DELETED> (a) Support To Extend Mandate of the Group of Human Rights
Experts on Nicaragua.--The President shall direct the United States
Permanent Representative to the United Nations to use the voice, vote,
and influence of the United States in the United Nations Human Rights
Council and the United Nations General Assembly--</DELETED>
<DELETED> (1) to seek to extend the mandate of the Group of
Human Rights Experts on Nicaragua under Human Rights Council
Resolution 49/3 (2022) until a peaceful solution to the current
political crisis in Nicaragua is reached, including--</DELETED>
<DELETED> (A) a commitment to hold elections that
meet democratic standards and permit credible
international electoral observation;</DELETED>
<DELETED> (B) the cessation of the violence
perpetrated against civilians by the National Police of
Nicaragua and by armed groups supported by the
Government of Nicaragua; and</DELETED>
<DELETED> (C) independent investigations into the
killings of protesters;</DELETED>
<DELETED> (2) to encourage international support to empower
the Group of Human Rights Experts on Nicaragua to fulfil its
mission to conduct thorough and independent investigations into
all alleged human rights violations and abuses committed in
Nicaragua since April 2018; and</DELETED>
<DELETED> (3) to provide investigative and technical
assistance to the Group of Human Rights Experts on Nicaragua as
requested and as permitted under United Nations rules and
regulations and United States law.</DELETED>
<DELETED> (b) Support for Further Action.--The President may direct
the United States Permanent Representative to the United Nations to use
the voice, vote, and influence of the United States to urge the United
Nations to provide greater action with respect to human rights
violations in Nicaragua by--</DELETED>
<DELETED> (1) urging the United Nations General Assembly to
consider a resolution, consistent with prior United Nations
resolutions, condemning the exile of political prisoners and
attacks on religious freedom by the Ortega regime;
and</DELETED>
<DELETED> (2) assisting efforts by the relevant United
Nations Special Envoys and Special Rapporteurs to promote
respect for human rights and encourage dialogue towards a
peaceful and democratic transfer of power in
Nicaragua.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Restoring
Sovereignty and Human Rights in Nicaragua Act of 2024''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Sense of Congress.
TITLE I--REAUTHORIZATION AND AMENDMENT OF THE NICARAGUAN INVESTMENT
CONDITIONALITY ACT OF 2018 AND THE REINFORCING NICARAGUA'S ADHERENCE TO
CONDITIONS FOR ELECTORAL REFORM ACT OF 2021
Sec. 101. Extension of authorities of the Nicaraguan Investment
Conditionality Act of 2018.
Sec. 102. Enhancing sanctions on sectors of the Nicaraguan economy that
generate revenue for the Ortega family.
Sec. 103. Expansion of targeted sanctions with respect to the Ortega
regime.
Sec. 104. Coordinated diplomatic strategy to restrict investment and
loans that benefit the Government of
Nicaragua from the Central American Bank
for Economic Integration.
TITLE II--ADDITIONAL ECONOMIC MEASURES TO HOLD THE GOVERNMENT OF
NICARAGUA ACCOUNTABLE FOR HUMAN RIGHTS ABUSES
Sec. 201. Statement of policy.
Sec. 202. Review of participation of Nicaragua in the Dominican
Republic-Central America-United States Free
Trade Agreement.
Sec. 203. Termination.
TITLE III--PROMOTING THE HUMAN RIGHTS OF NICARAGUANS
Sec. 301. Support for human rights and democracy programs.
Sec. 302. Support for Nicaraguan human rights at the United Nations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Banking of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
(2) Human rights.--The term ``human rights'' means
internationally recognized human rights.
(3) United states person.--The term ``United States
person'' means--
(A) an individual who is a citizen or national of
the United States or an alien lawfully admitted for
permanent residence in the United States; and
(B) any corporation, partnership, or other entity
organized under the laws of the United States or the
laws of any jurisdiction within the United States.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Secretary of State, working through the head of the
Office of Sanctions Coordination, and in consultation with the
Secretary of the Treasury, should engage in diplomatic efforts
with 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 subject
to sanctions authorized by the Nicaraguan Investment
Conditionality Act of 2018 ( 50 U.S.C. 1701 note; Public Law
115-335) and the Reinforcing Nicaragua's Adherence To
Conditions For Electoral Reform Act Of 2021 (Public Law 117-
54), in order to hold the authoritarian regime of President
Daniel Ortega accountable for crimes and human rights abuses
perpetrated against the people of Nicaragua and democratic
political actors, civil society organizations, religious
institutions, media, and academic institutions in Nicaragua;
(2) the United States Government should continue--
(A) to raise concerns about human rights and
democracy in Nicaragua and call attention to the
efforts by the Ortega regime to silence the people of
Nicaragua and democratic political actors, civil
society organizations, religious institutions, media,
and academic institutions in Nicaragua; and
(B) to enforce Executive Order 13851 (50 U.S.C.
1702 note; relating to blocking of certain persons
contributing to the situation in Nicaragua); and
(3) the international community, including the Holy See,
the International Committee of the Red Cross, and the United
Nations should coordinate efforts--
(A) to improve the detention conditions of all
political prisoners in Nicaragua; and
(B) to call for the end of political persecution of
the people of Nicaragua and democratic political
actors, civil society organizations, religious
institutions, media, and academic institutions in
Nicaragua.
TITLE I--REAUTHORIZATION AND AMENDMENT OF THE NICARAGUAN INVESTMENT
CONDITIONALITY ACT OF 2018 AND THE REINFORCING NICARAGUA'S ADHERENCE TO
CONDITIONS FOR ELECTORAL REFORM ACT OF 2021
SEC. 101. EXTENSION OF AUTHORITIES OF THE NICARAGUAN INVESTMENT
CONDITIONALITY ACT OF 2018.
Section 10 of the Nicaraguan Investment Conditionality Act of 2018
( 50 U.S.C. 1701 note; Public Law 115-335) is amended by striking
``2023'' and inserting ``2030''.
SEC. 102. ENHANCING SANCTIONS ON SECTORS OF THE NICARAGUAN ECONOMY THAT
GENERATE REVENUE FOR THE ORTEGA FAMILY.
Section 5(a) of the Nicaraguan Investment Conditionality Act of
2018 ( 50 U.S.C. 1701 note; Public Law 115-335) is amended--
(1) in paragraph (2), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and moving such
clauses 2 ems to the right;
(2) in paragraph (3), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and moving such
clauses 2 ems to the right;
(3) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and moving such
subparagraphs 2 ems to the right;
(4) by amending the matter preceding subparagraph (A), as
so redesignated, to read as follows:
``(a) In General.--The President--
``(1) shall impose the sanctions described in subsection
(c) with respect to any foreign person, including any current
or former official of the Government of Nicaragua or any person
acting on behalf of that Government, that the President
determines--'';
(5) in paragraph (1)(D), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(6) by adding at the end the following new paragraph:
``(2) may impose the sanctions described in subsection (c)
with respect to any foreign person that the President
determines to operate or have operated in the gold sectors of
the Nicaraguan economy or in any other sector of the Nicaraguan
economy identified by the Secretary of State, in consultation
with the Secretary of the Treasury, for the purposes of this
paragraph.''.
SEC. 103. EXPANSION OF TARGETED SANCTIONS WITH RESPECT TO THE ORTEGA
REGIME.
(a) Expansion of Activities Triggering Targeted Sanctions.--Section
5(b) of the Nicaraguan Investment Conditionality Act of 2018 ( 50
U.S.C. 1701 note; Public Law 115-335) is amended--
(1) in paragraph (1), by striking ``against persons
associated with the protests in Nicaragua that began on April
18, 2018''; and
(2) by adding at the end the following:
``(5) The arrest or prosecution of a person, including a
person who is a member of or an officer of the Catholic Church,
because of the legitimate exercise by such person of the
freedom of religion.
``(6) The conviction and sentencing of a person who is a
democratic political actor or a member of an independent civil
society organization for politically motivated charges.
``(7) The provision of significant goods, services, or
technology to support the invasion of Ukraine by the Russian
Federation that began on February 24, 2022.''.
(b) Modification of Targeted Sanctions Prioritization.--Section
5(b)(2)(B) of the Reinforcing Nicaragua's Adherence to Conditions for
Electoral Reform Act of 2021 (50 U.S.C. 1701 note; Public Law 117-54)
is amended by inserting after clause (ix) the following:
``(x) Officials of the Instituto de
Prevision Social Militar (IPSM), commonly known
as the Military Institute of Social Security of
Nicaragua.''.
(c) Reporting Requirement.--Not later than 90 days after the
enactment of this Act, and annually thereafter for a period of 3 years,
the Secretary of State, in consultation with the Secretary of the
Treasury, shall submit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives a report on the implementation of section 5 of the
Reinforcing Nicaragua's Adherence to the Conditions for Electoral
Reform Act of 2021 (50 U.S.C. 1701 note; Public Law 117-54), which
shall include--
(1) an update on the status of efforts to implement a
coordinated strategy on the use of targeted sanctions under
section 5(a)(1) of such Act;
(2) a detailed description of concrete steps that have been
taken under section 5(b)(1) of such Act to prioritize the
implementation of the targeted sanctions required under section
5 of the Nicaragua Investment Conditionality Act of 2018 (50
U.S.C. 1701 note; Public Law 115-335); and
(3) a detailed description of the results of the review of
sanctionable targets required under section 5(b)(2) of the
Reinforcing Nicaragua's Adherence to the Conditions for
Electoral Reform Act of 2021 (50 U.S.C. 1701 note; Public Law
117-54).
SEC. 104. COORDINATED DIPLOMATIC STRATEGY TO RESTRICT INVESTMENT AND
LOANS THAT BENEFIT THE GOVERNMENT OF NICARAGUA FROM THE
CENTRAL AMERICAN BANK FOR ECONOMIC INTEGRATION.
Section 4 of the Nicaragua Investment Conditionality Act of 2018
(Public Law 115-335; 50 U.S.C. 1701 note) is amended--
(1) in subsection (c), by inserting ``and paragraphs (1),
(2), and (3) of subsection (f)'' after ``subsection (b)'';
(2) by redesignating subsection (f) as subsection (g);
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Diplomatic Strategy to Restrict Investment in Nicaragua at
the Central American Bank for Economic Integration.--The Secretary of
State, in consultation with the Secretary of the Treasury, shall engage
in diplomatic efforts with governments of countries that are partners
of the United States and members of the Central American Bank for
Economic Integration (referred to in this section as `CABEI')--
``(1) to oppose the extension by CABEI of any loan or
financial or technical assistance to the Government of
Nicaragua for any project in Nicaragua;
``(2) to increase the scrutiny of any loan or financial or
technical assistance provided by CABEI to any project in
Nicaragua; and
``(3) to ensure that any loan or financial or technical
assistance provided by CABEI to a project in Nicaragua is
administered through an entity with full technical,
administrative, and financial independence from the Government
of Nicaragua.''; and
(4) in subsection (g), as so redesignated--
(A) in paragraph (4), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating paragraph (5) as paragraph
(6); and
(C) by inserting after paragraph (4) the following
new paragraph (5):
``(5) a description of the results of the diplomatic
strategy mandated by subsection (f); and''.
TITLE II--ADDITIONAL ECONOMIC MEASURES TO HOLD THE GOVERNMENT OF
NICARAGUA ACCOUNTABLE FOR HUMAN RIGHTS ABUSES
SEC. 201. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to seek a resolution to the political crisis in
Nicaragua that includes--
(A) a commitment by the Government of Nicaragua to
hold competitive, free, and fair elections that meet
democratic standards and permit credible international
electoral observation;
(B) the cessation of the violence perpetrated
against civilians by the National Police of Nicaragua
and by armed groups supported by the Government of
Nicaragua; and
(C) independent investigations into the killings of
protesters in Nicaragua; and
(2) to support diplomatic engagement in order to advance a
negotiated and peaceful solution to the political crisis in
Nicaragua.
SEC. 202. REVIEW OF PARTICIPATION OF NICARAGUA IN THE DOMINICAN
REPUBLIC-CENTRAL AMERICA-UNITED STATES FREE TRADE
AGREEMENT.
(a) Report Required.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State, in consultation with the United States
Trade Representative, shall submit to the appropriate
congressional committees a report on the participation of
Nicaragua in CAFTA-DR, which includes--
(A) an assessment of the benefits that the Ortega
regime receives from the participation of Nicaragua in
CAFTA-DR, including profits earned by Nicaraguan state-
owned entities;
(B) a description of the violations of commitments
made by Nicaragua under CAFTA-DR; and
(C) an assessment of whether Nicaragua qualifies as
a nonmarket economy for the purposes of the Trade Act
of 1974 (19 U.S.C. 2101 et seq.).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) CAFTA-DR Defined.--In this section, the term ``CAFTA-DR'' means
the Dominican Republic-Central America-United States Free Trade
Agreement--
(1) entered into on August 5, 2004, with the Governments of
Costa Rica, the Dominican Republic, El Salvador, Guatemala,
Honduras, and Nicaragua, and submitted to Congress on June 23,
2005; and
(2) approved by Congress under section 101(a)(1) of the
Dominican Republic-Central American-United States Free Trade
Agreement Implementation Act (19 U.S.C. 4011(a)(1)).
SEC. 203. TERMINATION.
The provisions of this title, and any sanctions issued in
accordance with the authorities of the Nicaragua Investment
Conditionality Act of 2018 (Public Law 115-335; 50 U.S.C. 1701 note) or
the Reinforcing Nicaragua's Adherence to the Conditions for Electoral
Reform Act of 2021 (Public Law 117-54), shall cease to have effect upon
certification by the President to the appropriate congressional
committees that a resolution to the political crisis in Nicaragua as
described in section 201 has been reached.
TITLE III--PROMOTING THE HUMAN RIGHTS OF NICARAGUANS
SEC. 301. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS.
(a) Grants.--
(1) In general.--The Secretary of State and Administrator
of the United States Agency for International Development may
provide grants to private, nonprofit organizations to support
programs that promote human rights, democracy, and the rule of
law in Nicaragua, including programs that document human rights
abuses committed by the Ortega regime since April 2018.
(2) Funding limitation.--Any entity owned, controlled, or
otherwise affiliated with the Ortega regime is not eligible to
receive a grant under this section.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter through fiscal year 2028, the
Secretary of State, in consultation with the heads of other appropriate
Federal agencies, shall submit to the appropriate congressional
committees a report on actions taken pursuant to this section.
(c) Sense of Congress.--It is the sense of Congress that before
providing any grant under subsection (a)(1), the Secretary of State and
the Administrator of the United States Agency for International
Development should consult with members of the Nicaraguan diaspora,
including Nicaraguan individuals in exile in Costa Rica and the United
States.
SEC. 302. SUPPORT FOR NICARAGUAN HUMAN RIGHTS AT THE UNITED NATIONS.
(a) Support to Extend Mandate of the Group of Human Rights Experts
on Nicaragua.--The President shall direct the United States Permanent
Representative to the United Nations to use the voice, vote, and
influence of the United States in the United Nations Human Rights
Council and the United Nations General Assembly--
(1) to seek to extend the mandate of the Group of Human
Rights Experts on Nicaragua under Human Rights Council
Resolution 49/3 (2022) until a peaceful solution to the current
political crisis in Nicaragua is reached, including--
(A) a commitment to hold elections that meet
democratic standards and permit credible international
electoral observation;
(B) the cessation of the violence perpetrated
against civilians by the National Police of Nicaragua
and by armed groups supported by the Government of
Nicaragua;
(C) independent investigations into the killings of
protesters; and
(D) the restoration of Nicaraguan citizenship and
restitution of political and civil rights for all
Nicaraguan nationals unjustly stripped of their
nationality, including the 222 Nicaraguan nationals
arbitrarily imprisoned and expelled to the United
States on February 9, 2023, and the 94 additional
Nicaraguan dissidents stripped of their nationality on
February 15, 2023;
(2) to encourage international support to empower the Group
of Human Rights Experts on Nicaragua to fulfil its mission to
conduct thorough and independent investigations into all
alleged human rights violations and abuses committed in
Nicaragua since April 2018, including alleged crimes against
humanity; and
(3) to provide investigative and technical assistance to
the Group of Human Rights Experts on Nicaragua as requested and
as permitted under United Nations rules and regulations and
United States law.
(b) Support for Further Action.--The President may direct the
United States Permanent Representative to the United Nations to use the
voice, vote, and influence of the United States to urge the United
Nations to provide greater action with respect to human rights
violations in Nicaragua by--
(1) urging the United Nations General Assembly to consider
a resolution, consistent with prior United Nations resolutions,
condemning the exile of political prisoners and attacks on
religious freedom by the Ortega regime; and
(2) assisting efforts by the relevant United Nations
Special Envoys and Special Rapporteurs to promote respect for
human rights and encourage negotiations that lead to free,
fair, and democratic elections in Nicaragua.
Calendar No. 371
118th CONGRESS
2d Session
S. 1881
_______________________________________________________________________
A BILL
To reauthorize and amend the Nicaraguan Investment Conditionality Act
of 2018 and the Reinforcing Nicaragua's Adherence to Conditions for
Electoral Reform Act of 2021, and for other purposes.
_______________________________________________________________________
May 7, 2024
Reported with an amendment