[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1064 Engrossed in Senate (ES)]

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117th CONGRESS
  1st Session
                                S. 1064

_______________________________________________________________________

                                 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.

            Passed the Senate November 1, 2021.

            Attest:

                                                             Secretary.
117th CONGRESS

  1st Session

                                S. 1064

_______________________________________________________________________

                                 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.