[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1064 Enrolled Bill (ENR)]
S.1064
One Hundred Seventeenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Sunday,
the third day of January, two thousand and twenty one
An Act
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. Sense of Congress.
Sec. 3. Review of participation of Nicaragua in Dominican Republic-
Central America-United States Free Trade Agreement.
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 certain purchases by and agreements entered into by
Government of Nicaragua relating to military or intelligence
sector of Nicaragua.
Sec. 11. Report on human rights abuses in Nicaragua.
Sec. 12. Supporting independent news media and freedom of information in
Nicaragua.
Sec. 13. Amendment to short title of Public Law 115-335.
Sec. 14. Definition.
SEC. 2. 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 political
opponents through intimidation and unlawful detainment, civil
society, and independent news media violate the fundamental
freedoms and basic human rights of the people of Nicaragua;
(2) Congress unequivocally condemns the politically motivated
and unlawful detention of presidential candidates Cristiana
Chamorro, Arturo Cruz, Felix Maradiaga, and Juan Sebastian
Chamorro;
(3) Congress unequivocally condemns the passage of the Foreign
Agents Regulation Law, the Special Cybercrimes Law, the Self-
Determination Law, and the Consumer Protection 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;
(4) 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;
(5) the United States recognizes the right of the people of
Nicaragua to freely determine their own political future as vital
to ensuring the sustainable restoration of democracy in their
country;
(6) 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;
(7) the United States, in order to maximize the effectiveness
of efforts described in paragraph (6), should--
(A) coordinate with diplomatic partners, including the
Government of Canada, the European Union, and partners in Latin
America and the Caribbean;
(B) advance diplomatic initiatives in consultation with the
Organization of American States and the United Nations; and
(C) thoroughly investigate the assets and holdings of the
Nicaraguan Armed Forces in the United States and consider
appropriate actions to hold such forces accountable for gross
violations of human rights; and
(8) 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. 3. REVIEW OF PARTICIPATION OF NICARAGUA IN DOMINICAN REPUBLIC-
CENTRAL AMERICA-UNITED STATES FREE TRADE AGREEMENT.
(a) Findings.--Congress makes the following findings:
(1) On November 27, 2018, the President signed Executive Order
13851 (50 U.S.C. 1701 note; relating to blocking property of
certain persons contributing to the situation in Nicaragua), which
stated that ``the situation in Nicaragua, including the violent
response by the Government of Nicaragua to the protests that began
on April 18, 2018, and the Ortega regime's systematic dismantling
and undermining of democratic institutions and the rule of law, its
use of indiscriminate violence and repressive tactics against
civilians, as well as its corruption leading to the destabilization
of Nicaragua's economy, constitutes an unusual and extraordinary
threat to the national security and foreign policy of the United
States''.
(2) Article 21.2 of the Dominican Republic-Central America-
United States Free Trade Agreement approved by Congress under
section 101(a)(1) of the Dominican Republic-Central America-United
States Free Trade Agreement Implementation Act (19 U.S.C.
4011(a)(1)) states, ``Nothing in this Agreement shall be construed
. . . to preclude a Party from applying measures that it considers
necessary for the fulfillment of its obligations with respect to
the maintenance or restoration of international peace or security,
or the protection of its own essential security interests.''.
(b) Sense of Congress.--It is the sense of Congress that the
President should review the continued participation of Nicaragua in the
Dominican Republic-Central America-United States Free Trade Agreement
if the Government of Nicaragua continues to tighten its authoritarian
rule in an attempt to subvert democratic elections in November 2021 and
undermine democracy and human rights in Nicaragua.
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--
``(A) to increase scrutiny of any loan or financial or
technical assistance provided for a project in Nicaragua; and
``(B) to ensure that the loan or assistance is administered
through an entity with full technical, administrative, and
financial independence from the Government of Nicaragua.
``(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 increase
oversight mechanisms for new and existing loans or financial or
technical assistance provided for a project in Nicaragua.
``(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;
``(4) a description of the results of the increased oversight
conducted under subsection (d); and
``(5) a description of international efforts to address the
humanitarian needs of the people of Nicaragua.''.
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 90 days after the date
of the enactment of this Act, and every 90 days thereafter until
December 31, 2022, 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.
(2) Targets.--In carrying out paragraph (1), the President--
(A) shall examine whether foreign persons involved in
directly or indirectly obstructing the establishment of
conditions necessary for the realization of free, fair, and
transparent elections in Nicaragua are subject to sanctions
under section 5 of the Nicaragua Investment Conditionality Act
of 2018; and
(B) should, in particular, examine whether the following
persons have engaged in conduct subject to such sanctions:
(i) Officials in the government of President Daniel
Ortega.
(ii) Family members of President Daniel Ortega.
(iii) High-ranking members of the National Nicaraguan
Police.
(iv) High-ranking members of the Nicaraguan Armed
Forces.
(v) Members of the Supreme Electoral Council of
Nicaragua.
(vi) Officials of the Central Bank of Nicaragua.
(vii) Party members and elected officials from the
Sandinista National Liberation Front and their family
members.
(viii) 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.
(ix) 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 90 days after the date of
the enactment of this Act, and every 90 days thereafter until December
31, 2022, 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 90 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) violate 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.
(a) Report Required.--Not later than 90 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
activities of the Government of the Russian Federation in Nicaragua,
including--
(1) cooperation between Russian and Nicaraguan military
personnel, intelligence services, security forces, and law
enforcement, and private Russian security contractors;
(2) cooperation related to telecommunications and satellite
navigation;
(3) other political and economic cooperation, including with
respect to banking, disinformation, and election interference; and
(4) the threats and risks that such activities pose to United
States national interests and national security.
(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. 10. REPORT ON CERTAIN PURCHASES BY AND AGREEMENTS ENTERED INTO
BY GOVERNMENT OF NICARAGUA RELATING TO MILITARY OR INTELLIGENCE
SECTOR OF NICARAGUA.
(a) In General.--Not later than 90 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 and the
Director of the Defense Intelligence Agency, shall submit to the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives a report that
includes--
(1) a list of--
(A) all equipment, technology, or infrastructure with
respect to the military or intelligence sector of Nicaragua
purchased, on or after January 1, 2011, by the Government of
Nicaragua from an entity identified by the Department of State
under section 231(e) of the Countering America's Adversaries
Through Sanctions Act (22 U.S.C. 9525(e)); and
(B) all agreements with respect to the military or
intelligence sector of Nicaragua entered into, on or after
January 1, 2011, by the Government of Nicaragua with an entity
described in subparagraph (A); and
(2) a description of and date for each purchase and agreement
described in paragraph (1).
(b) Consideration.--The report required by subsection (a) shall be
prepared after consideration of the content of the report of the
Defense Intelligence Agency entitled, ``Russia: Defense Cooperation
with Cuba, Nicaragua, and Venezuela'' and dated February 4, 2019.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified annex.
SEC. 11. REPORT ON HUMAN RIGHTS ABUSES IN 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 the citizens of Nicaragua, including 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 the citizens 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 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 bilateral and regional relationships to
curtail the gross human rights violations perpetrated by the Ortega
government and better support the victims of human rights
violations in 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. 12. 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; and
(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 controlled by President Daniel
Ortega, members of the Ortega family, or known allies of the Ortega
government.
(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. 13. 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. 14. 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 13.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.