[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3233 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 617
115th CONGRESS
  2d Session
                                S. 3233

 To impose sanctions with respect to persons responsible for violence 
     and human rights abuses in Nicaragua, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 18, 2018

Mr. Menendez (for himself, Mr. Cruz, Mr. Nelson, Mr. Rubio, Mr. Durbin, 
 Mr. Perdue, Mr. Leahy, Mr. Kaine, Mr. Cardin, Mr. Cotton, Mr. Cornyn, 
 Mr. Cassidy, Mr. Coons, and Mrs. Feinstein) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

            October 3 (legislative day, September 28), 2018

               Reported by Mr. Corker, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To impose sanctions with respect to persons responsible for violence 
     and human rights abuses in Nicaragua, 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 ``Nicaragua 
Human Rights and Anticorruption Act of 2018''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Sense of Congress on advancing a negotiated solution 
                            to Nicaragua's crisis.
<DELETED>Sec. 4. Imposition of sanctions with respect to persons 
                            responsible for human rights violations and 
                            corruption in Nicaragua.
<DELETED>Sec. 5. Certification and waiver.
<DELETED>Sec. 6. Report on human rights violations and corruption in 
                            Nicaragua.
<DELETED>Sec. 7. Definitions.

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress makes the following findings:</DELETED>
        <DELETED>    (1) On April 19, 2018, protests began in Managua, 
        Nicaragua, as a result of changes made to the social security 
        system by the Government of Nicaragua that would have raised 
        workers' contributions and cut retirees' pensions.</DELETED>
        <DELETED>    (2) The Government of Nicaragua has responded to 
        antigovernment protests with excessive force and killings 
        perpetrated by its public security forces and, as of July 17, 
        2018, more than 273 people have been killed in the context of 
        those protests, according to the Inter-American Commission on 
        Human Rights of the Organization of American States.</DELETED>
        <DELETED>    (3) On May 21, 2018, the Inter-American Commission 
        on Human Rights issued a statement that described the excessive 
        use of force by Nicaraguan security forces and armed irregular 
        groups that resulted in ``dozens of persons killed and hundreds 
        wounded; illegal and arbitrary detentions; practices of 
        torture, cruel, inhuman and degrading treatment; censorship and 
        attacks on the press; and other forms of 
        intimidation''.</DELETED>
        <DELETED>    (4) On May 29, 2018, Amnesty International 
        released a report entitled ``Shoot to Kill: Nicaragua's 
        Strategy to Repress Protest'', which documented the lethal use 
        of weapons, specifically noting that gunshots fired by pro-
        government groups targeted specific individuals.</DELETED>
        <DELETED>    (5) Transparency International's 2017 Corruption 
        Perceptions Index ranks Nicaragua as tied for 151 of 180, the 
        third worst ranking for a country in the Western Hemisphere, 
        after Venezuela and Haiti.</DELETED>
        <DELETED>    (6) The Country Reports on Human Rights Practices 
        for 2017 of the Department of State notes, with respect to 
        Nicaragua, that actions by the ruling Sandinista National 
        Liberation Front party have resulted in the de facto 
        concentration of power in a single party, with an authoritarian 
        executive branch exercising significant control over the 
        legislative, judicial, and electoral functions of the 
        Government of Nicaragua.</DELETED>
        <DELETED>    (7) The 2017 report of the Department of State 
        also stated with respect to Nicaragua that ``the most 
        significant human rights abuses included reports of arbitrary 
        or unlawful killings; almost complete lack of judicial 
        independence; unlawful interference with privacy; multiple 
        obstacles to freedom of speech and the press, including 
        government intimidation, and harassment of and threats against 
        journalists and independent media; and partisan restrictions on 
        freedom of peaceful assembly''.</DELETED>
        <DELETED>    (8) On July 5, 2018, pursuant to the Global 
        Magnitsky Human Rights Accountability Act (subtitle F of title 
        XII of Public Law 114-328; 22 U.S.C. 2656 note), the United 
        States Government sanctioned 3 individuals from Nicaragua who 
        have been involved in serious human rights abuses or engaged in 
        corruption, including--</DELETED>
                <DELETED>    (A) Francisco Javier Diaz, Commissioner of 
                the National Police of Nicaragua;</DELETED>
                <DELETED>    (B) Jose Francisco Lopez, Vice President 
                of ALBANISA; and</DELETED>
                <DELETED>    (C) Fidel Antonio Moreno, a member of the 
                Sandinista National Liberation Front party.</DELETED>

<DELETED>SEC. 3. SENSE OF CONGRESS ON ADVANCING A NEGOTIATED SOLUTION 
              TO NICARAGUA'S CRISIS.</DELETED>

<DELETED>    It is the sense of Congress that--</DELETED>
        <DELETED>    (1) credible negotiations between the Government 
        of Nicaragua and representatives of the Catholic Church, civil 
        society, student movement, private sector, and political 
        opposition in Nicaragua represent the best opportunity to reach 
        a peaceful solution to the crisis in Nicaragua that includes--
        </DELETED>
                <DELETED>    (A) a commitment to hold early 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 more than 273 protesters; and</DELETED>
        <DELETED>    (2) negotiations between the Government of 
        Nicaragua and representatives of the Catholic Church, civil 
        society, student movement, private sector, and political 
        opposition in Nicaragua have not resulted in an agreement as of 
        the date of the enactment of this Act because the Government of 
        Nicaragua failed to credibly participate in the 
        process.</DELETED>

<DELETED>SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS 
              RESPONSIBLE FOR HUMAN RIGHTS VIOLATIONS AND CORRUPTION IN 
              NICARAGUA.</DELETED>

<DELETED>    (a) In General.--The President shall impose the sanctions 
described in subsection (b) 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--</DELETED>
        <DELETED>    (1) has perpetrated, or is responsible for 
        ordering or otherwise directing, significant acts of violence 
        or human rights violations in Nicaragua against persons 
        associated with the protests in Nicaragua that began on April 
        18, 2018;</DELETED>
        <DELETED>    (2) is responsible for or complicit in ordering, 
        controlling, or otherwise directing significant actions or 
        policies that undermine democratic processes or institutions in 
        Nicaragua; or</DELETED>
        <DELETED>    (3) is an official of the Government of Nicaragua, 
        or a senior associate of such an official, that is responsible 
        for or complicit in ordering, controlling, or otherwise 
        directing acts of significant corruption, including the 
        expropriation of private or public assets for personal gain, 
        corruption related to government contracts, bribery, or the 
        facilitation or transfer of the proceeds of corruption to 
        foreign jurisdictions.</DELETED>
<DELETED>    (b) Sanctions Described.--</DELETED>
        <DELETED>    (1) In general.--The sanctions described in this 
        subsection are the following:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Penalties.--A person that violates, attempts 
        to violate, conspires to violate, or causes a violation of 
        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.</DELETED>
        <DELETED>    (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 (as that term is defined in section 16 of 
        the Export Administration Act of 1979 (50 U.S.C. 4618) (as 
        continued in effect pursuant to the International Emergency 
        Economic Powers Act (50 U.S.C. 1701 et seq.))).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Regulatory Authority.--The President shall issue such 
regulations, licenses, and orders as are necessary to carry out this 
section.</DELETED>
<DELETED>    (d) Termination.--This section shall terminate on December 
31, 2021.</DELETED>

<DELETED>SEC. 5. CERTIFICATION AND WAIVER.</DELETED>

<DELETED>    (a) Certification.--Not later than 180 days after the date 
of the enactment of this Act, and annually thereafter until December 
31, 2021, the Secretary of State shall submit to the appropriate 
congressional committees a report certifying whether the Government of 
Nicaragua is taking effective steps--</DELETED>
        <DELETED>    (1) to strengthen the rule of law and democratic 
        governance, including the independence of the judicial system 
        and electoral council;</DELETED>
        <DELETED>    (2) to combat corruption, including by 
        investigating and prosecuting officials of that Government who 
        are credibly alleged to be corrupt; and</DELETED>
        <DELETED>    (3) to protect the right of political opposition 
        parties, journalists, trade unionists, human rights defenders, 
        and other civil society activists to operate without 
        interference.</DELETED>
<DELETED>    (b) Waiver.--</DELETED>
        <DELETED>    (1) Temporary general waiver.--If the Secretary of 
        State 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 imposition of additional sanctions under section 
        4 for a period of not more than one year beginning on the date 
        of the certification.</DELETED>
        <DELETED>    (2) Case-by-case waiver.--The President may waive 
        the application of sanctions under section 4 with respect to a 
        person if the President--</DELETED>
                <DELETED>    (A) determines that such a waiver is in 
                the national interest of the United States; 
                and</DELETED>
                <DELETED>    (B) not later than the date on which the 
                waiver takes effect, submits to the appropriate 
                congressional committees a notice of and justification 
                for the waiver.</DELETED>
<DELETED>    (c) Sense of Congress.--It is the sense of Congress that 
the President should exercise the waiver authority provided under 
subsection (b)(1) if the Secretary of State certifies under subsection 
(a) that the Government of Nicaragua is taking effective steps as 
described in that subsection.</DELETED>

<DELETED>SEC. 6. REPORT ON HUMAN RIGHTS VIOLATIONS AND CORRUPTION IN 
              NICARAGUA.</DELETED>

<DELETED>    (a) In General.--Not later than 180 days after the date of 
the enactment of this Act, and annually thereafter until December 31, 
2021, the Secretary of State, acting through the Assistant Secretary of 
State for Intelligence and Research, and in coordination with the 
Director of National Intelligence, shall submit to the appropriate 
congressional committees a report on 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 and acts of significant 
corruption.</DELETED>
<DELETED>    (b) Elements.--The report required by subsection (a) shall 
include, to the extent feasible, the following:</DELETED>
        <DELETED>    (1) For each senior official described in that 
        subsection--</DELETED>
                <DELETED>    (A) the estimated total amount of funds or 
                other assets held in accounts at United States 
                financial institutions or foreign financial 
                institutions that are under the direct or indirect 
                control of the senior official;</DELETED>
                <DELETED>    (B) a description of such funds or 
                assets;</DELETED>
                <DELETED>    (C) an identification of any equity 
                interest held by the senior official--</DELETED>
                        <DELETED>    (i) in an entity on the list of 
                        specially designated nationals and blocked 
                        persons maintained by the Office of Foreign 
                        Assets Control of the Department of the 
                        Treasury; or</DELETED>
                        <DELETED>    (ii) in any other entity subject 
                        to sanctions imposed by the United 
                        States;</DELETED>
                <DELETED>    (D) a description of how the senior 
                official acquired such funds, assets, or equity 
                interests; and</DELETED>
                <DELETED>    (E) a description of how such funds, 
                assets, or equity interests have been used.</DELETED>
        <DELETED>    (2) A description of any new methods used by 
        senior officials described in subsection (a) to evade anti-
        money laundering and related laws, including recommendations to 
        improve techniques to combat the illicit use of the United 
        States financial system by such senior officials.</DELETED>
<DELETED>    (c) Form.--The report required by subsection (a) shall be 
submitted in unclassified form but may include a classified 
annex.</DELETED>
<DELETED>    (d) Public Availability.--The unclassified portion of the 
report required by subsection (a) shall be posted on a publicly 
available website of the Department of State.</DELETED>

<DELETED>SEC. 7. 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, 
                the Committee on Banking, Housing, and Urban Affairs, 
                and the Committee on Appropriations of the Senate; 
                and</DELETED>
                <DELETED>    (B) the Committee on Foreign Affairs, the 
                Committee on Financial Services, and the Committee on 
                Appropriations of the House of 
                Representatives.</DELETED>
        <DELETED>    (2) United states person.--The term ``United 
        States person'' means--</DELETED>
                <DELETED>    (A) a United States citizen or an alien 
                lawfully admitted for permanent residence to the United 
                States; or</DELETED>
                <DELETED>    (B) an entity organized under the laws of 
                the United States or of any jurisdiction within the 
                United States, including a foreign branch of such an 
                entity.</DELETED>

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 
                more than 277 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 or to any entity 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 or to any entity 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 an 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 more than 277 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 President 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.
                                                       Calendar No. 617

115th CONGRESS

  2d Session

                                S. 3233

_______________________________________________________________________

                                 A BILL

 To impose sanctions with respect to persons responsible for violence 
     and human rights abuses in Nicaragua, and for other purposes.

_______________________________________________________________________

            October 3 (legislative day, September 28), 2018

                       Reported with an amendment