[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1918 Engrossed Amendment Senate (EAS)]

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                  In the Senate of the United States,

                                                     November 27, 2018.
    Resolved, That the bill from the House of Representatives (H.R. 
1918) entitled ``An Act to oppose loans at international financial 
institutions for the Government of Nicaragua unless the Government of 
Nicaragua is taking effective steps to hold free, fair, and transparent 
elections, and for other purposes.'', do pass with the following

                               AMENDMENT:

            Strike all after the enacting clause and insert the 
      following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Nicaragua Human 
Rights and Anticorruption Act of 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress on advancing a negotiated solution to 
                            Nicaragua's crisis.
Sec. 3. Statement of policy.
Sec. 4. Restrictions on international financial institutions relating 
                            to Nicaragua.
Sec. 5. Imposition of targeted sanctions with respect to Nicaragua.
Sec. 6. Annual certification and waiver.
Sec. 7. Report on human rights violations and corruption in Nicaragua.
Sec. 8. Civil society engagement strategy.
Sec. 9. Reform of Western Hemisphere Drug Policy Commission.
Sec. 10. Termination.
Sec. 11. Definitions.

SEC. 2. SENSE OF CONGRESS ON ADVANCING A NEGOTIATED SOLUTION TO 
              NICARAGUA'S CRISIS.

    It is the sense of Congress that--
            (1) credible negotiations between the Government of 
        Nicaragua and representatives of Nicaragua's civil society, 
        student movement, private sector, and political opposition, 
        mediated by the Catholic Church in Nicaragua, represent the 
        best opportunity to reach a peaceful solution to the current 
        political crisis that includes--
                    (A) a commitment to hold early 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; and
            (2) negotiations between the Government of Nicaragua and 
        representatives of Nicaragua's civil society, student movement, 
        private sector, and political opposition, mediated by the 
        Catholic Church in Nicaragua, have not resulted in an agreement 
        as of the date of the enactment of this Act because the 
        Government of Nicaragua has failed to credibly participate in 
        the process.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States to support--
            (1) the rule of law and an independent judiciary and 
        electoral council in Nicaragua;
            (2) democratic governance in Nicaragua;
            (3) free and fair elections overseen by credible domestic 
        and international observers in Nicaragua; and
            (4) anti-corruption and transparency efforts in Nicaragua.

SEC. 4. RESTRICTIONS ON INTERNATIONAL FINANCIAL INSTITUTIONS RELATING 
              TO NICARAGUA.

    (a) Restrictions.--The Secretary of the Treasury shall--
            (1) instruct the United States Executive Director at each 
        international financial institution of the World Bank Group to 
        use the voice, vote, and influence of the United States to 
        oppose the extension by the International Finance Corporation 
        of any loan or financial or technical assistance to the 
        Government of Nicaragua for a project in Nicaragua;
            (2) instruct the United States Executive Director of the 
        Inter-American Development Bank to use the voice, vote, and 
        influence of the United States to oppose the extension by the 
        Bank of any loan or financial or technical assistance to the 
        Government of Nicaragua for a project in Nicaragua; and
            (3) instruct the United States Executive Director of each 
        other international financial institution, including the 
        International Monetary Fund, to work with other key donor 
        countries to develop a coherent policy approach to future 
        engagements with and lending to the Government of Nicaragua, in 
        a manner that will advance human rights, including the full 
        restoration of the rights guaranteed to the people of Nicaragua 
        through the commitments made by the Government of Nicaragua as 
        a signatory of the International Covenant on Civil and 
        Political Rights.
    (b) Exceptions for Basic Human Needs and Democracy Promotion.--The 
restrictions under paragraphs (1) and (2) of subsection (a) shall not 
apply with respect to any loan or financial or technical assistance 
provided to address basic human needs or to promote democracy in 
Nicaragua.
    (c) Briefing by the Secretary of the Treasury.--Not later than 180 
days after the date of the enactment of this Act, and annually 
thereafter, the Secretary of the Treasury shall brief the appropriate 
congressional committees on the effectiveness of international 
financial institutions in enforcing applicable program safeguards in 
Nicaragua.

SEC. 5. IMPOSITION OF TARGETED SANCTIONS WITH RESPECT TO NICARAGUA.

    (a) In General.--The President 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--
            (1) to be responsible for or complicit in, or responsible 
        for ordering, controlling, or otherwise directing, or to have 
        knowingly participated in, directly or indirectly, any activity 
        described in subsection (b);
            (2) to be a leader of--
                    (A) an entity that has, or whose members have, 
                engaged in any activity described in subsection (b); or
                    (B) an entity whose property and interests in 
                property are blocked under subsection (c)(1)(A) as a 
                result of activities related to the tenure of the 
                leader;
            (3) to have knowingly materially assisted, sponsored, or 
        provided financial, material, or technological support for, or 
        goods or services in support of--
                    (A) an activity described in subsection (b); or
                    (B) a person whose property and interests in 
                property are blocked under subsection (c)(1)(A); or
            (4) to be owned or controlled by, or to have knowingly 
        acted or purported to act for or on behalf of, directly or 
        indirectly, any person whose property and interests in property 
        are blocked under subsection (c)(1)(A).
    (b) Activities Described.--An activity described in this subsection 
is any of the following in or in relation to Nicaragua on or after 
April 18, 2018:
            (1) Significant acts of violence or conduct that 
        constitutes a serious abuse or violation of human rights 
        against persons associated with the protests in Nicaragua that 
        began on April 18, 2018.
            (2) Significant actions or policies that undermine 
        democratic processes or institutions.
            (3) Acts of significant corruption by or on behalf of the 
        Government of Nicaragua or a current or former official of the 
        Government of Nicaragua, including--
                    (A) the expropriation of private or public assets 
                for personal gain or political purposes;
                    (B) corruption related to government contracts;
                    (C) bribery; or
                    (D) the facilitation or transfer of the proceeds of 
                corruption.
            (4) The arrest or prosecution of a person, including an 
        individual or media outlet disseminating information to the 
        public, primarily because of the legitimate exercise by such 
        person of the freedom of speech, assembly, or the press.
    (c) Sanctions Described.--
            (1) In general.--The sanctions described in this subsection 
        are the following:
                    (A) Asset blocking.--The exercise of all powers 
                granted to the President by the International Emergency 
                Economic Powers Act (50 U.S.C. 1701 et seq.) to the 
                extent necessary to block and prohibit all transactions 
                in all property and interests in property of a person 
                determined by the President to be subject to subsection 
                (a) if such property and interests in property are in 
                the United States, come within the United States, or 
                are or come within the possession or control of a 
                United States person.
                    (B) Exclusion from the united states and revocation 
                of visa or other documentation.--In the case of an 
                alien determined by the President to be subject to 
                subsection (a), denial of a visa to, and exclusion from 
                the United States of, the alien, and revocation in 
                accordance with section 221(i) of the Immigration and 
                Nationality Act (8 U.S.C. 1201(i)), of any visa or 
                other documentation of the alien.
            (2) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of a 
        measure imposed pursuant to paragraph (1)(A) or any regulation, 
        license, or order issued to carry out paragraph (1)(A) 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.
            (3) Exception relating to importation of goods.--The 
        requirement to block and prohibit all transactions in all 
        property and interests in property under paragraph (1)(A) shall 
        not include the authority to impose sanctions on the 
        importation of goods.
            (4) Exception to comply with united nations headquarters 
        agreement.--Sanctions under paragraph (1)(B) shall not apply to 
        an alien if admitting the alien into the United States is 
        necessary to permit the United States to comply with the 
        Agreement regarding the Headquarters of the United Nations, 
        signed at Lake Success June 26, 1947, and entered into force 
        November 21, 1947, between the United Nations and the United 
        States, or other applicable international obligations.
    (d) Implementation; Regulatory Authority.--
            (1) Implementation.--The President may exercise all 
        authorities provided under sections 203 and 205 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1702 and 
        1704) to carry out this section.
            (2) Regulatory authority.--The President shall issue such 
        regulations, licenses, and orders as are necessary to carry out 
        this section.

SEC. 6. ANNUAL CERTIFICATION AND WAIVER.

    (a) Certification.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter, the Secretary of State 
shall submit to the appropriate congressional committees a report 
certifying whether the Government of Nicaragua is taking effective 
steps--
            (1) to strengthen the rule of law and democratic 
        governance, including the independence of the judicial system 
        and electoral council;
            (2) to combat corruption, including by investigating and 
        prosecuting cases of public corruption;
            (3) to protect civil and political rights, including the 
        rights of freedom of the press, speech, and association, for 
        all people of Nicaragua, including political opposition 
        parties, journalists, trade unionists, human rights defenders, 
        indigenous peoples, and other civil society activists;
            (4) to investigate and hold accountable officials of the 
        Government of Nicaragua and other persons responsible for the 
        killings of individuals associated with the protests in 
        Nicaragua that began on April 18, 2018; and
            (5) to hold free and fair elections overseen by credible 
        domestic and international observers
    (b) Waiver.--
            (1) Temporary general waiver.--If the Secretary certifies 
        to the appropriate congressional committees under subsection 
        (a) that the Government of Nicaragua is taking effective steps 
        as described in that subsection, the President may waive the 
        application of the restrictions under section 4 and sanctions 
        under section 5 for a period of not more than one year 
        beginning on the date of the certification.
            (2) National interest waiver.--The President may waive the 
        application of the restrictions under section 4 and sanctions 
        under section 5 if the President--
                    (A) determines that such a waiver is in the 
                national interest of the United States; and
                    (B) submits to the appropriate congressional 
                committees a notice of and justification for the 
                waiver.
            (3) Sense of congress.--It is the sense of Congress that 
        the President should exercise the waiver authority provided 
        under paragraph (1) if the Secretary of State certifies under 
        subsection (a) that the Government of Nicaragua is taking 
        effective steps as described in that subsection.
    (c) Consultation.--In preparing a certification required by 
subsection (a), the Secretary shall consult with the appropriate 
congressional committees.
    (d) Annual Briefing.--The Secretary shall annually brief the 
appropriate congressional committees on whether the Government of 
Nicaragua is taking effective steps as described in subsection (a).

SEC. 7. REPORT ON HUMAN RIGHTS VIOLATIONS AND CORRUPTION IN NICARAGUA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State, acting through the 
Assistant Secretary of State for Intelligence and Research, and in 
coordination with the Secretary of the Treasury and the Director of 
National Intelligence, shall submit to the appropriate congressional 
committees a report on--
            (1) the involvement of senior officials of the Government 
        of Nicaragua, including members of the Supreme Electoral 
        Council, the National Assembly, and the judicial system, in 
        human rights violations, acts of significant corruption, and 
        money laundering; and
            (2) persons that transfer, or facilitate the transfer of, 
        goods or technologies for use in or with respect to Nicaragua, 
        that are used by the Government of Nicaragua to commit serious 
        human rights violations against the people of Nicaragua.
    (b) Form.--The report required by subsection (a) may be classified.

SEC. 8. CIVIL SOCIETY ENGAGEMENT STRATEGY.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of State shall brief the appropriate congressional 
committees on a strategy--
            (1) for engaging relevant elements of civil society in 
        Nicaragua, including independent media, human rights, and anti-
        corruption organizations, to strengthen rule of law and 
        increase accountability for human rights abuses and corruption 
        in Nicaragua; and
            (2) setting forth measures to support the protection of 
        human rights and anti-corruption advocates in Nicaragua.

SEC. 9. REFORM OF WESTERN HEMISPHERE DRUG POLICY COMMISSION.

    Section 603(f)(1) of the Department of State Authorities Act, 
Fiscal Year 2017 (Public Law 114-323; 130 Stat. 1938) is amended by 
striking ``Not later than 60 days after the date of the enactment of 
this Act, the Commission shall hold an initial meeting to develop and 
implement'' and inserting ``At the initial meeting of the Commission, 
the Commission shall develop and implement''.

SEC. 10. TERMINATION.

    The provisions of this Act (other than section 9) shall terminate 
on December 31, 2023.

SEC. 11. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations, the 
                Committee on Banking, Housing, and Urban Affairs, and 
                the Committee on Appropriations of the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on Financial Services, and the Committee on 
                Appropriations of the House of Representatives.
            (2) Good.--The term ``good'' means any article, natural or 
        manmade substance, material, supply or manufactured product, 
        including inspection and test equipment, and excluding 
        technical data.
            (3) Person.--The term ``person'' means an individual or 
        entity.
            (4) United states person.--The term ``United States 
        person'' means any United States citizen, permanent resident 
        alien, entity organized under the laws of the United States or 
        any jurisdiction within the United States (including a foreign 
        branch of such an entity), or any person in the United States.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                               H.R. 1918

_______________________________________________________________________

                               AMENDMENT