[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1041 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1041

 To advance the strategic alignment of United States diplomatic tools 
  toward the realization of free, fair, and transparent elections in 
   Nicaragua and to reaffirm the commitment of the United States to 
  protect the fundamental freedoms and human rights of the people of 
                   Nicaragua, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 2021

   Mr. Menendez (for himself, Mr. Rubio, Mr. Kaine, Mr. Durbin, Mr. 
 Cardin, and Mr. Murphy) introduced the following bill; which was read 
        twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To advance the strategic alignment of United States diplomatic tools 
  toward the realization of free, fair, and transparent elections in 
   Nicaragua and to reaffirm the commitment of the United States to 
  protect the fundamental freedoms and human rights of the people of 
                   Nicaragua, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Reinforcing 
Nicaragua's Adherence to Conditions for Electoral Reform Act of 2021'' 
or the ``RENACER Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Congress.
Sec. 4. Restrictions on international financial institutions relating 
                            to Nicaragua.
Sec. 5. Targeted sanctions to advance democratic elections.
Sec. 6. Developing and implementing a coordinated sanctions strategy 
                            with diplomatic partners.
Sec. 7. Inclusion of Nicaragua in list of countries subject to certain 
                            sanctions relating to corruption.
Sec. 8. Classified report on the involvement of Ortega family members 
                            and Nicaraguan government officials in 
                            corruption.
Sec. 9. Classified report on the activities of the Russian Federation 
                            in Nicaragua.
Sec. 10. Report on human rights abuses in the interior of Nicaragua.
Sec. 11. Supporting independent news media and freedom of information 
                            in Nicaragua.
Sec. 12. Amendment to short title of Public Law 115-335.
Sec. 13. Definition.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Adopted by the Organization of American States (in this 
        Act referred to as the ``OAS'') on October 21, 2020, the 
        Resolution Restoring Democratic Institutions and Respect for 
        Human Rights in Nicaragua Through Free and Fair Elections (in 
        this section referred to as the ``OAS Resolution'') reiterated 
        hemispheric concern that the government of President Daniel 
        Ortega in Nicaragua has failed to release all political 
        prisoners and implement agreed-upon measures to ensure freedom 
        of expression.
            (2) The OAS Resolution called on the Ortega government to 
        accept the deployment of domestic and international electoral 
        observation missions and outlined a need for timely, inclusive 
        negotiations to achieve meaningful electoral reforms, including 
        the modernization of the Supreme Electoral Council, the 
        revitalization of a pluralistic political process, and an 
        independent audit of Nicaraguan voter rolls.
            (3) A November 19, 2019, report from the OAS High Level 
        Commission on Nicaragua noted the Ortega government had engaged 
        in significant efforts since April 2018 to curtail the 
        fundamental rights of the citizens of Nicaragua, including 
        repeated acts of police intimidation and at least 325 murders, 
        which were predominately committed by government security 
        forces.
            (4) On April 21, 2018, Nicaraguan journalist Angel Gahona 
        was killed while broadcasting live on social protests in the 
        country. Since April 2018, the Ortega government has increased 
        its harassment of independent media, which includes December 
        2019 police raids of the digital newspaper Confidencial and the 
        100% Noticias news channel, and a September 2020 court-ordered 
        seizure of assets belonging to independent broadcaster 
        Nicavision Canal 12.
            (5) Since 2007, family members of President Daniel Ortega 
        and their political allies have purchased over a dozen TV 
        channels, radio stations, and online news sites in Nicaragua, 
        including Canal 4, 8, and 13, Radio Nicaragua, and El 19 
        Digital, to increase pro-government media coverage and silence 
        media coverage critical of the government.
            (6) Sandinista National Liberation Front members of the 
        National Assembly of Nicaragua, with support from the Ortega 
        government, recently approved legislation to obstruct citizen 
        mobilization and codify the persecution of political opponents, 
        including--
                    (A) the Foreign Agents Regulation Law on October 
                15, 2020, which requires civil society, nongovernmental 
                organizations, and citizens who receive funds 
                originating from abroad to register as ``foreign 
                agents'', and bars them from engaging in domestic 
                political activity;
                    (B) the Special Cybercrimes Law on October 27, 
                2020, which established prison sentences for 
                individuals who spread information online that the 
                Government of Nicaragua deems to be false or construes 
                to cause alarm, terror, or unease in the public;
                    (C) the Self-Determination Law on December 21, 
                2020, which provides President Ortega with the 
                authority to unilaterally declare citizens 
                ``terrorists'' or ``traitors to the homeland'' for 
                opposing his rule and ban them from running for public 
                office, effectively preventing any individuals who 
                supported the 2018 protests from being candidates; and
                    (D) the reform to the Consumer Protection Law on 
                February 4, 2021, which provides the Government of 
                Nicaragua the authority to mandate Nicaraguan 
                commercial banks to overturn and ignore sanctions 
                imposed by the United States with respect to persons on 
                the list of specifically designated national and 
                blocked persons maintained by the Office of Foreign 
                Assets Control of the Department of the Treasury.
            (7) According to preliminary reports of the Government of 
        Nicaragua, Hurricanes Eta and Iota, which made landfall in 
        Nicaragua on November 3 and November 16, 2020, respectively, 
        affected more than 3,000,000 individuals and resulted in an 
        economic loss in excess of $742,000,000. Indigenous Miskito and 
        Mayangna communities situated in the North Caribbean Coast 
        Autonomous Region bore the brunt of the devastation, with at 
        least 23 indigenous territories and upwards of 147,000 
        indigenous inhabitants directly impacted by the weather 
        phenomena.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) ongoing efforts by the government of President Daniel 
        Ortega in Nicaragua to suppress the voice and actions of civil 
        society, political opponents, and independent news media 
        violate the fundamental freedoms and basic human rights of the 
        people of Nicaragua;
            (2) Congress unequivocally condemns the passage of the 
        Foreign Agents Regulation Law, the Special Cybercrimes Law, and 
        the Self-Determination Law by the National Assembly of 
        Nicaragua, which represent clear attempts by the Ortega 
        government to curtail the fundamental freedoms and basic human 
        rights of the people of Nicaragua;
            (3) Congress recognizes that free, fair, and transparent 
        elections predicated on robust reform measures and the presence 
        of domestic and international observers represent the best 
        opportunity for the people of Nicaragua to restore democracy 
        and reach a peaceful solution to the political and social 
        crisis in Nicaragua;
            (4) the United States should align the use of diplomatic 
        engagement and all other foreign policy tools, including the 
        use of targeted sanctions, in support of efforts by democratic 
        political actors and civil society in Nicaragua to advance the 
        necessary conditions for free, fair, and transparent elections 
        in Nicaragua;
            (5) the United States, in order to maximize the 
        effectiveness of efforts described in paragraph (4), should--
                    (A) coordinate with diplomatic partners, including 
                the Government of Canada, the European Union, and 
                partners in Latin America and the Caribbean; and
                    (B) advance diplomatic initiatives in consultation 
                with the OAS and the United Nations; and
            (6) pursuant to section 6(b) of the Nicaragua Investment 
        Conditionality Act of 2018, the President should waive the 
        application of restrictions under section 4 of that Act and the 
        sanctions under section 5 of that Act if the Secretary of State 
        certifies that the Government of Nicaragua is taking the steps 
        identified in section 6(a) of that Act, including taking steps 
        to ``to hold free and fair elections overseen by credible 
        domestic and international observers''.

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

    Section 4 of the Nicaragua Investment Conditionality Act of 2018 is 
amended--
            (1) by redesignating subsections (a), (b), and (c) as 
        subsections (b), (c), and (d), respectively;
            (2) by inserting before subsection (b), as redesignated by 
        paragraph (1), the following:
    ``(a) Sense of Congress.--It is the sense of Congress that the 
Secretary of the Treasury should take all possible steps, including 
through the full implementation of the exceptions set forth in 
subsection (c), to ensure that the restrictions required under 
subsection (b) do not negatively impact the basic human needs of the 
people of Nicaragua.'';
            (3) in subsection (c), as so redesignated, by striking 
        ``subsection (a)'' and inserting ``subsection (b)''; and
            (4) by striking subsection (d), as so redesignated, and 
        inserting the following:
    ``(d) Increased Oversight.--
            ``(1) In general.--The United States Executive Director at 
        each international financial institution of the World Bank 
        Group, the United States Executive Director at the Inter-
        American Development Bank, and the United States Executive 
        Director at each other international financial institution, 
        including the International Monetary Fund, shall take all 
        practicable steps to increase scrutiny of any loan or financial 
        or technical assistance provided for a project in Nicaragua to 
        ensure that the loan or assistance is being used for the 
        intended purposes.
            ``(2) Mechanisms for increased scrutiny.--The United States 
        Executive Director at each international financial institution 
        described in paragraph (1) shall use the voice, vote, and 
        influence of the United States to encourage that institution to 
        develop oversight mechanisms for new and existing loans or 
        financial or technical assistance provided for a project in 
        Nicaragua to ensure that such loans and assistance are being 
        used for the intended purposes.
    ``(e) Interagency Consultation.--Before implementing the 
restrictions described in subsection (b), or before exercising an 
exception under subsection (c), the Secretary of the Treasury shall 
consult with the Secretary of State and with the Administrator of the 
United States Agency for International Development to ensure that all 
loans and financial or technical assistance to Nicaragua are consistent 
with United States foreign policy objectives as defined in section 3.
    ``(f) Report.--Not later than 180 days after the date of the 
enactment of the RENACER Act, and annually thereafter until the 
termination date specified in section 10, the Secretary of the 
Treasury, in coordination with the Secretary of State and the 
Administrator of the United States Agency for International 
Development, shall submit to the appropriate congressional committees a 
report on the implementation of this section, which shall include--
            ``(1) summary of any loans and financial and technical 
        assistance provided by international financial institutions for 
        projects in Nicaragua;
            ``(2) a description of the implementation of the 
        restrictions described in subsection (b);
            ``(3) an identification of the occasions in which the 
        exceptions under subsection (c) are exercised and an assessment 
        of how the loan or assistance provided with each such exception 
        may address basic human needs or promote democracy in 
        Nicaragua; and
            ``(4) a description of the results of the increased 
        oversight conducted under subsection (d).''.

SEC. 5. TARGETED SANCTIONS TO ADVANCE DEMOCRATIC ELECTIONS.

    (a) Coordinated Strategy.--
            (1) In general.--The Secretary of State and the Secretary 
        of the Treasury, in consultation with the intelligence 
        community (as defined in section 3 of the National Security Act 
        of 1947 (50 U.S.C. 3003)), shall develop and implement a 
        coordinated strategy to align diplomatic engagement efforts 
        with the implementation of targeted sanctions in order to 
        support efforts to facilitate the necessary conditions for 
        free, fair, and transparent elections in Nicaragua.
            (2) Briefing required.--Not later than 60 days after the 
        date of the enactment of this Act, and every 60 days thereafter 
        until December 31, 2021, the Secretary of State and the 
        Secretary of the Treasury shall brief the Committee on Foreign 
        Relations of the Senate and the Committee on Foreign Affairs of 
        the House of Representatives on steps to be taken by the United 
        States Government to develop and implement the coordinated 
        strategy required by paragraph (1).
    (b) Targeted Sanctions Prioritization.--
            (1) In general.--Pursuant to the coordinated strategy 
        required by subsection (a), the President shall prioritize the 
        implementation of the targeted sanctions required under section 
        5 of the Nicaragua Investment Conditionality Act of 2018 with 
        respect to foreign persons directly or indirectly obstructing 
        the establishment of conditions necessary for the realization 
        of free, fair, and transparent elections in Nicaragua.
            (2) Targets.--In carrying out paragraph (1), the President 
        shall specifically target foreign persons involved in directly 
        or indirectly obstructing the establishment of conditions 
        described in that paragraph, including--
                    (A) officials in the government of President Daniel 
                Ortega;
                    (B) family members of President Daniel Ortega;
                    (C) members of the National Nicaraguan Police;
                    (D) members of the Nicaraguan Armed Forces;
                    (E) members of the Supreme Electoral Council of 
                Nicaragua;
                    (F) party members and elected officials from the 
                Sandinista National Liberation Front and their family 
                members;
                    (G) individuals or entities affiliated with 
                businesses engaged in corrupt financial transactions 
                with officials in the government of President Daniel 
                Ortega, his party, or his family; and
                    (H) individuals identified in the report required 
                by section 8 as involved in significant acts of public 
                corruption in Nicaragua.

SEC. 6. DEVELOPING AND IMPLEMENTING A COORDINATED SANCTIONS STRATEGY 
              WITH DIPLOMATIC PARTNERS.

    (a) Findings.--Congress makes the following findings:
            (1) On June 21, 2019, the Government of Canada, pursuant to 
        its Special Economic Measures Act, designated 9 officials of 
        the Government of Nicaragua for the imposition of sanctions in 
        response to gross and systematic human rights violations in 
        Nicaragua.
            (2) On May 4, 2020, the European Union imposed sanctions 
        with respect to 6 officials of the Government of Nicaragua 
        identified as responsible for serious human rights violations 
        and for the repression of civil society and democratic 
        opposition in Nicaragua.
            (3) On October 12, 2020, the European Union extended its 
        authority to impose restrictive measures on ``persons and 
        entities responsible for serious human rights violations or 
        abuses or for the repression of civil society and democratic 
        opposition in Nicaragua, as well as persons and entities whose 
        actions, policies or activities otherwise undermine democracy 
        and the rule of law in Nicaragua, and persons associated with 
        them''.
    (b) Sense of Congress.--It is the sense of Congress that the United 
States should encourage the Government of Canada, the European Union 
and governments of members countries of the European Union, and 
governments of countries in Latin America and the Caribbean to use 
targeted sanctions with respect to persons involved in human rights 
violations and the obstruction of free, fair, and transparent elections 
in Nicaragua.
    (c) Coordinating International Sanctions.--The Secretary of State, 
working through the head of the Office of Sanctions Coordination 
established by section 1(h) of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2651a(h)), and in consultation with the 
Secretary of the Treasury, shall engage in diplomatic efforts with 
governments of countries that are partners of the United States, 
including the Government of Canada, governments of countries in the 
European Union, and governments of countries in Latin America and the 
Caribbean, to impose targeted sanctions with respect to the persons 
described in section 5(b) in order to advance democratic elections in 
Nicaragua.
    (d) Briefing Requirement.--Not later than 60 days after the date of 
the enactment of this Act, and every 60 days thereafter until December 
31, 2021, the Secretary of State, in consultation with the Secretary of 
the Treasury, shall brief the Committee on Foreign Relations of the 
Senate and the Committee on Foreign Affairs of the House of 
Representatives on the implementation of this section.

SEC. 7. INCLUSION OF NICARAGUA IN LIST OF COUNTRIES SUBJECT TO CERTAIN 
              SANCTIONS RELATING TO CORRUPTION.

    Section 353 of title III of division FF of the Consolidated 
Appropriations Act, 2021 (Public Law 116-260) is amended--
            (1) in the section heading, by striking ``and honduras'' 
        and inserting ``, honduras, and nicaragua''; and
            (2) by striking ``and Honduras'' each place it appears and 
        inserting ``, Honduras, and Nicaragua''.

SEC. 8. CLASSIFIED REPORT ON THE INVOLVEMENT OF ORTEGA FAMILY MEMBERS 
              AND NICARAGUAN GOVERNMENT OFFICIALS IN CORRUPTION.

    (a) Report Required.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of State, acting through the 
Bureau of Intelligence and Research of the Department of State, and in 
coordination with the Director of National Intelligence, shall submit a 
classified report to the appropriate congressional committees on 
significant acts of public corruption in Nicaragua that--
            (1) involve--
                    (A) the President of Nicaragua, Daniel Ortega;
                    (B) members of the family of Daniel Ortega; and
                    (C) senior officials of the Ortega government, 
                including--
                            (i) members of the Supreme Electoral 
                        Council, the Nicaraguan Armed Forces, and the 
                        National Nicaraguan Police; and
                            (ii) elected officials from the Sandinista 
                        National Liberation Front party;
            (2) pose challenges for United States national security and 
        regional stability;
            (3) impede the realization of free, fair, and transparent 
        elections in Nicaragua; and
            (4) infringe upon the fundamental freedoms of civil society 
        and political opponents in Nicaragua.
    (b) Appropriate Congressional Committees.--In this section, the 
term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations and the Select 
        Committee on Intelligence of the Senate; and
            (2) the Committee on Foreign Affairs and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.

SEC. 9. CLASSIFIED REPORT ON THE ACTIVITIES OF THE RUSSIAN FEDERATION 
              IN NICARAGUA.

    The Secretary of State shall include in the classified report 
required by section 8 a separate section on activities of the 
Government of the Russian Federation in Nicaragua, including--
            (1) cooperation between Russian and Nicaraguan military 
        personnel, intelligence services, security forces, and private 
        Russian security contractors;
            (2) cooperation related to telecommunications and satellite 
        navigation;
            (3) other political and economic cooperation; and
            (4) the threats and risks that such activities pose to 
        United States national interests and national security.

SEC. 10. REPORT ON HUMAN RIGHTS ABUSES IN THE INTERIOR OF NICARAGUA.

    (a) Findings.--Congress finds that, since the June 2018 initiation 
of ``Operation Clean-up'', an effort of the government of Daniel Ortega 
to dismantle barricades constructed throughout Nicaragua during social 
demonstrations in April 2018, the Ortega government has increased its 
abuse of campesinos and members of indigenous communities, including 
arbitrary detentions, torture, and sexual violence as a form of 
intimidation.
    (b) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
appropriate congressional committees a report that documents the 
perpetration of gross human rights violations by the Ortega government 
against campesinos and indigenous communities in the interior of 
Nicaragua.
    (c) Elements.--The report required by subsection (b) shall--
            (1) include a compilation of human rights violations 
        committed by the Ortega government against inhabitants of the 
        interior of Nicaragua, with a focus on such violations 
        committed since April 2018, including human rights abuses and 
        extrajudicial killings in--
                    (A) the cities of Managua, Carazo, and Masaya 
                between April and June of 2018; and
                    (B) the municipalities of Wiwili, El Cua, San Jose 
                de Bocay, and Santa Maria de Pantasma in the Department 
                of Jinotega, Esquipulas in the Department of Rivas, and 
                Bilwi in the North Caribbean Coast Autonomous Region 
                between 2018 and 2021;
            (2) outline efforts by the Ortega government to intimidate 
        and disrupt the activities of CENIDH and other civil society 
        organizations attempting to hold the government accountable for 
        infringing on the fundamental rights and freedoms of the people 
        of Nicaragua; and
            (3) provide recommendations on how the United States, in 
        collaboration with international partners and Nicaraguan civil 
        society, should leverage its diplomatic capabilities, including 
        sanctions, to curtail the gross human rights violations 
        perpetrated by the Ortega government and better support the 
        victims of human rights violations in the interior of 
        Nicaragua.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations of the Senate; and
            (2) the Committee on Foreign Affairs of the House of 
        Representatives.

SEC. 11. SUPPORTING INDEPENDENT NEWS MEDIA AND FREEDOM OF INFORMATION 
              IN NICARAGUA.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State, the Administrator for 
the United States Agency for International Development, and the Chief 
Executive Officer of the United States Agency for Global Media, shall 
submit to Congress a report that includes--
            (1) an evaluation of the governmental, political, and 
        technological obstacles faced by the people of Nicaragua in 
        their efforts to obtain accurate, objective, and comprehensive 
        news and information about domestic and international affairs;
            (2) a list of all TV channels, radio stations, online news 
        sites, and other media platforms operating in Nicaragua that 
        are directly or indirectly owned or beneficially controlled by 
        President Daniel Ortega, members of the Ortega family, or known 
        allies of the Ortega government; and
            (3) a list of any independent press organization or any 
        person affiliated with the independent news media that has 
        experienced intimidation, harassment, physical assault, theft 
        of property, or fatal injury by agents of the Government of 
        Nicaragua or pro-government supporters in direct relation to 
        their journalistic activities since April 2018.
    (b) Elements.--The report required by subsection (a) shall 
include--
            (1) an assessment of the extent to which the current level 
        and type of news and related programming and content provided 
        by the Voice of America and other sources is addressing the 
        informational needs of the people of Nicaragua;
            (2) a description of existing United States efforts to 
        strengthen freedom of the press and freedom of expression in 
        Nicaragua, including recommendations to expand upon those 
        efforts; and
            (3) a strategy for strengthening independent broadcasting, 
        information distribution, and media platforms in Nicaragua.

SEC. 12. AMENDMENT TO SHORT TITLE OF PUBLIC LAW 115-335.

    Section 1(a) of the Nicaragua Human Rights and Anticorruption Act 
of 2018 (Public Law 115-335; 50 U.S.C. 1701 note) is amended to read as 
follows:
    ``(a) Short Title.--This Act may be cited as the `Nicaragua 
Investment Conditionality Act of 2018' or the `NICA Act'.''.

SEC. 13. DEFINITION.

    In this Act, the term ``Nicaragua Investment Conditionality Act of 
2018'' means the Public Law 115-335 (50 U.S.C. 1701 note), as amended 
by section 12.
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