[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1881 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1881

 To reauthorize and amend the Nicaraguan Investment Conditionality Act 
  of 2018 and the Reinforcing Nicaragua's Adherence to Conditions for 
         Electoral Reform Act of 2021, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 8, 2023

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

_______________________________________________________________________

                                 A BILL


 
 To reauthorize and amend the Nicaraguan Investment Conditionality Act 
  of 2018 and the Reinforcing Nicaragua's Adherence to Conditions for 
         Electoral Reform Act of 2021, 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 ``Restoring 
Sovereignty and Human Rights in Nicaragua Act of 2023''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Sense of Congress.
  TITLE I--REAUTHORIZATION AND AMENDMENT OF THE NICARAGUAN INVESTMENT 
CONDITIONALITY ACT OF 2018 AND THE REINFORCING NICARAGUA'S ADHERENCE TO 
              CONDITIONS FOR ELECTORAL REFORM ACT OF 2021

Sec. 101. Extension of authorities of the Nicaraguan Investment 
                            Conditionality Act of 2018.
Sec. 102. Enhancing sanctions on sectors of the Nicaraguan economy that 
                            generate revenue for the Ortega family.
Sec. 103. Imposition of sanctions with respect to the Ortega 
                            administration's abuses against the 
                            Catholic Church, political prisoners, and 
                            support for the invasion of Ukraine.
Sec. 104. Coordinated diplomatic strategy to restrict investment and 
                            loans that benefit the Government of 
                            Nicaragua from the Central American Bank 
                            for Economic Integration.
   TITLE II--ADDITIONAL ECONOMIC MEASURES TO HOLD THE GOVERNMENT OF 
             NICARAGUA ACCOUNTABLE FOR HUMAN RIGHTS ABUSES

Sec. 201. Statement of policy.
Sec. 202. Review of participation of Nicaragua in the Dominican 
                            Republic-Central America-United States free 
                            trade agreement.
Sec. 203. Prohibition on new United States investment in Nicaragua.
Sec. 204. Termination.
          TITLE III--PROMOTING THE HUMAN RIGHTS OF NICARAGUANS

Sec. 301. Support for human rights and democracy programs.
Sec. 302. Support for Nicaraguan human rights at the United Nations.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Banking of the Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Financial Services of the House of 
                Representatives.
            (2) United states person.--The term ``United States 
        person'' means--
                    (A) an individual who is a citizen or national of 
                the United States or an alien lawfully admitted for 
                permanent residence in the United States; and
                    (B) any corporation, partnership, or other entity 
                organized under the laws of the United States or the 
                laws of any jurisdiction within the United States.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) The 2022 Annual Report of the United States Commission 
        on International Religious Freedom made the following 
        recommendations to the United States Government:
                    (A) Maintain Nicaragua on the special watch list of 
                the Department of State under section 402(b)(1)(A)(iii) 
                of the International Religious Freedom Act of 1998 (22 
                U.S.C. 6442(b)(1)(A)(iii)) for engaging in or 
                tolerating serious violations of religious freedom.
                    (B) Impose targeted sanctions with respect to 
                agencies and officials of the Government of Nicaragua 
                responsible for violence and other punitive actions 
                against places of worship, religious leaders, and 
                organizations by freezing the assets of and barring the 
                entry of certain persons into the United States, citing 
                specific violations of religious freedom.
                    (C) Collaborate with and encourage multilateral 
                organizations, such as the Organization of American 
                States--
                            (i) to monitor and investigate violations 
                        of religious freedom that occur in Nicaragua;
                            (ii) to work to identify perpetrators of 
                        religious freedom violations in Nicaragua; and
                            (iii) to seek the repeal of problematic 
                        laws such as the foreign agents law passed in 
                        Nicaragua in 2020.
            (2) The Catholic Church in Nicaragua suffered--
                    (A) 127 attacks in 2022;
                    (B) 54 attacks in 2021;
                    (C) 58 attacks in 2020;
                    (D) 76 attacks in 2019; and
                    (E) 81 attacks in 2018.
            (3) In a 2022 report by the Economist Intelligence Unit, 
        Nicaragua was listed as an authoritarian regime and one of the 
        least democratic countries in the Western Hemisphere, along 
        with Cuba and Venezuela.
            (4) According to the 2021 Country Reports on Human Rights 
        Practices published by the Department of State, members of 
        civil society and student leaders involved in the April 2018 
        protests in Nicaragua were subjected to torture and inhuman or 
        degrading treatment or punishment.
            (5) According to human rights organizations, the Ortega 
        regime has 150 political prisoners, including prisoners in 
        solitary confinement.
            (6) In 2022, the Ortega regime rejected a United States 
        envoy, declared the head of the European Union persona non 
        grata, and closed the Vatican embassy in Managua.
            (7) On February 9, 2023, the authoritarian Ortega regime--
                    (A) expelled 222 Nicaraguan nationals who had been 
                unjustly imprisoned for exercising their fundamental 
                rights; and
                    (B) stripped those nationals of Nicaraguan 
                citizenship.
            (8) The invasion of Ukraine by President of the Russian 
        Federation Vladimir Putin poses a significant threat to global 
        peace and stability in the Western Hemisphere.
            (9) The authoritarian regime of President Daniel Ortega in 
        Nicaragua is providing diplomatic support to the Russian 
        Federation and serving as an amplifier and repeater of Russian 
        propaganda on a global scale.
            (10) The actions of the Government of Nicaragua are 
        impeding development of a global consensus to reject and 
        respond to crimes against humanity conducted by President 
        Putin.
            (11) The Ortega regime has deepened the relationship 
        between the Government of Nicaragua and the Government of the 
        Russian Federation and is establishing diplomatic relations 
        with the Government of the People Republic of China.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the Secretary of State, working through the head of the 
        Office of Sanctions Coordination, and in consultation with the 
        Secretary of the Treasury, should engage in diplomatic efforts 
        with 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 subject 
        to sanctions authorized by the Nicaraguan Investment 
        Conditionality Act of 2018 and the Reinforcing Nicaragua's 
        Adherence to Conditions for Electoral Reform Act of 2021 in 
        order to hold the authoritarian regime of President Daniel 
        Ortega accountable for crimes against the Catholic Church, the 
        clergy, and the people of Nicaragua;
            (2) the United States Government should continue--
                    (A) to raise concerns about human rights and 
                democracy in Nicaragua, and call attention to religious 
                and opposition leaders and civil society, media, and 
                faith-based organizations silenced by the Ortega 
                regime; and
                    (B) to enforce Executive Order 13851 (50 U.S.C. 
                1701 note; relating to blocking property of certain 
                persons contributing to the situation in Nicaragua), 
                and expand existing sanctions to other sectors of the 
                economy of Nicaragua, such as the meat sector; and
            (3) the international community, including the Holy See, 
        the International Red Cross, and the United Nations should 
        coordinate efforts--
                    (A) to improve the conditions of all political 
                prisoners in Nicaragua;
                    (B) to document all gross violations of 
                internationally recognized human rights in Nicaragua; 
                and
                    (C) to call for the end of political persecution 
                against members of religious organizations, including 
                the Catholic Church.

  TITLE I--REAUTHORIZATION AND AMENDMENT OF THE NICARAGUAN INVESTMENT 
CONDITIONALITY ACT OF 2018 AND THE REINFORCING NICARAGUA'S ADHERENCE TO 
              CONDITIONS FOR ELECTORAL REFORM ACT OF 2021

SEC. 101. EXTENSION OF AUTHORITIES OF THE NICARAGUAN INVESTMENT 
              CONDITIONALITY ACT OF 2018.

    Section 10 of the Nicaraguan Investment Conditionality Act of 2018 
(Public Law 115-335; 50 U.S.C. 1701 note) is amended by striking 
``2023'' and inserting ``2028''.

SEC. 102. ENHANCING SANCTIONS ON SECTORS OF THE NICARAGUAN ECONOMY THAT 
              GENERATE REVENUE FOR THE ORTEGA FAMILY.

    Section 5(a) of the Nicaraguan Investment Conditionality Act of 
2018 (Public Law 115-335; 50 U.S.C. 1701 note) is amended--
            (1) in paragraph (3)(B), by striking ``or'';
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(5) to operate or have operated in the gold, cattle, or 
        coffee sectors of the Nicaraguan economy or in any other sector 
        of the Nicaraguan economy identified by the Secretary of the 
        Treasury, in consultation with the Secretary of State, for 
        purposes of this paragraph.''.

SEC. 103. IMPOSITION OF SANCTIONS WITH RESPECT TO THE ORTEGA 
              ADMINISTRATION'S ABUSES AGAINST THE CATHOLIC CHURCH, 
              POLITICAL PRISONERS, AND SUPPORT FOR THE INVASION OF 
              UKRAINE.

    (a) Expansion of Activities Triggering Targeted Sanctions.--Section 
5(b) of the Nicaraguan Investment Conditionality Act of 2018 (Public 
Law 115-335; 50 U.S.C. 1701 note) is amended by adding at the end the 
following:
            ``(5) The arrest or prosecution of a person, including a 
        person who is a member of or an officer of the Catholic Church, 
        because of the legitimate exercise by such person of the 
        freedom of religion.
            ``(6) The conviction and sentencing of a person who is a 
        member of an opposition party or independent civil society 
        organization under politically motivated charges.
            ``(7) Gross violations of the internationally recognized 
        human rights of prisoners.
            ``(8) Acts of providing significant goods, services, or 
        technology to or expressing support for the invasion of Ukraine 
        by the Russian Federation that began on February 24, 2022.''.
    (b) Modification of Targeted Sanctions Prioritization.--Section 
5(b)(2)(B) of the Reinforcing Nicaragua's Adherence to Conditions for 
Electoral Reform Act of 2021 (Public Law 117-54; 50 U.S.C. 1701 note) 
is amended--
            (1) by redesignating clauses (viii) and (ix) as clauses 
        (ix) and (x), respectively; and
            (2) by inserting after clause (vii) the following new 
        clause (viii):
                            ``(viii) Officials of the Instituto de 
                        Prevision Social Militar (IPSM), commonly known 
                        as the Military Institute of Social Security of 
                        Nicaragua.''.

SEC. 104. COORDINATED DIPLOMATIC STRATEGY TO RESTRICT INVESTMENT AND 
              LOANS THAT BENEFIT THE GOVERNMENT OF NICARAGUA FROM THE 
              CENTRAL AMERICAN BANK FOR ECONOMIC INTEGRATION.

    Section 4 of the Nicaragua Investment Conditionality Act of 2018 
(Public Law 115-335; 50 U.S.C. 1701 note) is amended--
            (1) by redesignating subsection (f) as subsection (g);
            (2) by inserting after subsection (e) the following new 
        subsection (f):
    ``(f) Diplomatic Strategy To Restrict Investment in Nicaragua at 
the Central American Bank for Economic Integration.--The Secretary of 
State, in consultation with the Secretary of the Treasury, shall engage 
in diplomatic efforts with governments of countries that are partners 
of the United States and members of the Central American Bank for 
Economic Integration (referred to in this section as `CABEI'), 
including the governments of Mexico, Taiwan, Argentina, Colombia, 
Spain, and the Republic of Korea--
            ``(1) to oppose the extension by CABEI of any loan or 
        financial or technical assistance to the Government of 
        Nicaragua for any project in Nicaragua;
            ``(2) to increase the scrutiny of any loan or financial or 
        technical assistance provided by CABEI to any project in 
        Nicaragua; and
            ``(3) to ensure that any loan or financial or technical 
        assistance provided by CABEI to a project in Nicaragua is 
        administered through an entity with full technical, 
        administrative, and financial independence from the Government 
        of Nicaragua.''; and
            (3) in subsection (g), as so redesignated--
                    (A) in paragraph (4), by striking ``; and'' and 
                inserting a semicolon;
                    (B) by redesignating paragraph (5) as paragraph 
                (6); and
                    (C) by inserting after paragraph (4) the following 
                new paragraph (5):
            ``(5) a description of the results of the diplomatic 
        strategy mandated by subsection (f); and''.

   TITLE II--ADDITIONAL ECONOMIC MEASURES TO HOLD THE GOVERNMENT OF 
             NICARAGUA ACCOUNTABLE FOR HUMAN RIGHTS ABUSES

SEC. 201. STATEMENT OF POLICY.

    It is the policy of the United States to seek a resolution to the 
political crisis in Nicaragua that includes--
            (1) a commitment by the Government of Nicaragua to hold 
        free and fair elections that meet democratic standards and 
        permit credible international electoral observation to replace 
        the Ortega administration;
            (2) 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
            (3) independent investigations into the killings of 
        protesters in Nicaragua.

SEC. 202. REVIEW OF PARTICIPATION OF NICARAGUA IN THE DOMINICAN 
              REPUBLIC-CENTRAL AMERICA-UNITED STATES FREE TRADE 
              AGREEMENT.

    (a) Report Required.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, and annually thereafter, the 
        Secretary of State, in consultation with the United States 
        Trade Representative, shall submit to the appropriate 
        congressional committees a report on the participation of 
        Nicaragua in CAFTA-DR, which includes--
                    (A) an assessment of the benefits that the Ortega 
                regime receives from the participation of Nicaragua in 
                CAFTA-DR, including profits earned by Nicaraguan State-
                owned entities;
                    (B) a description of the violations of commitments 
                made by Nicaragua under CAFTA-DR; and
                    (C) an assessment of whether Nicaragua qualifies as 
                a nonmarket economy for the purposes of the Trade Act 
                of 1974 (19 U.S.C. 2101 et seq.).
            (2) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
    (b) CAFTA-DR Defined.--In this section, the term ``CAFTA-DR'' means 
the Dominican Republic-Central America-United States Free Trade 
Agreement--
            (1) entered into on August 5, 2004, with the Governments of 
        Costa Rica, the Dominican Republic, El Salvador, Guatemala, 
        Honduras, and Nicaragua, and submitted to Congress on June 23, 
        2005; and
            (2) approved by Congress under section 101(a)(1) of the 
        Dominican Republic-Central American-United States Free Trade 
        Agreement Implementation Act (19 U.S.C. 4011(a)(1)).

SEC. 203. PROHIBITION ON NEW UNITED STATES INVESTMENT IN NICARAGUA.

    (a) Prohibition.--After the date of the enactment of this Act, a 
United States person, wherever located, may not make any investment in 
any sector of the economy of Nicaragua.
    (b) Implementation.--The President may exercise all authorities 
provided to the President under sections 203 and 205 of the 
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) 
to carry out this section.
    (c) Penalties.--A person that violates, attempts to violate, 
conspires to violate, or causes a violation of this section or any 
regulation, license, or order issued to carry out this section 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.
    (d) Exceptions.--
            (1) Exception for intelligence activities.--This section 
        shall not apply with respect to activities subject to the 
        reporting requirements under title V of the National Security 
        Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
        intelligence activities of the United States.
            (2) Humanitarian exception.--The prohibition under 
        subsection (a) does not apply with respect to any person for 
        conducting or facilitating a transaction for the sale of 
        agricultural commodities, food, medicine, or medical devices to 
        Nicaragua, or for the provision of humanitarian assistance to 
        the people of Nicaragua.
    (e) National Security Waiver.--The President may waive the 
application of the prohibition under subsection (a) with respect to a 
person if the President--
            (1) determines that such a waiver is in the national 
        security interests of the United States; and
            (2) submits to the appropriate congressional committees a 
        notification of the waiver and the reasons for the waiver.

SEC. 204. TERMINATION.

    The provisions of this title shall cease to have effect upon 
certification by the President to the appropriate congressional 
committees that a resolution to the political crisis in Nicaragua as 
described in section 201 has been reached.

          TITLE III--PROMOTING THE HUMAN RIGHTS OF NICARAGUANS

SEC. 301. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS.

    (a) Grants.--
            (1) In general.--The President may provide grants to 
        private, nonprofit organizations to support programs that 
        promote human rights, democracy, and the rule of law in 
        Nicaragua, including programs that document human rights abuses 
        committed by the Ortega regime since April 2018.
            (2) Administration of programs.--Any program that receives 
        a grant under paragraph (1) shall be administered in 
        consultation with members of the Nicaraguan opposition, 
        including individuals in exile in Costa Rica and the United 
        States.
            (3) Funding limitation.--Any entity owned, controlled, or 
        otherwise affiliated with the Ortega regime is not eligible to 
        receive a grant under this section.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, and annually thereafter through fiscal year 2028, the 
Secretary of State, in consultation with the heads of other appropriate 
Federal agencies, shall submit to the appropriate congressional 
committees a report on actions taken pursuant to this section.

SEC. 302. SUPPORT FOR NICARAGUAN HUMAN RIGHTS AT THE UNITED NATIONS.

    (a) Support To Extend Mandate of the Group of Human Rights Experts 
on Nicaragua.--The President shall direct the United States Permanent 
Representative to the United Nations to use the voice, vote, and 
influence of the United States in the United Nations Human Rights 
Council and the United Nations General Assembly--
            (1) to seek to extend the mandate of the Group of Human 
        Rights Experts on Nicaragua under Human Rights Council 
        Resolution 49/3 (2022) until a peaceful solution to the current 
        political crisis in Nicaragua is reached, including--
                    (A) a commitment to hold elections that meet 
                democratic standards and permit credible international 
                electoral observation;
                    (B) the cessation of the violence perpetrated 
                against civilians by the National Police of Nicaragua 
                and by armed groups supported by the Government of 
                Nicaragua; and
                    (C) independent investigations into the killings of 
                protesters;
            (2) to encourage international support to empower the Group 
        of Human Rights Experts on Nicaragua to fulfil its mission to 
        conduct thorough and independent investigations into all 
        alleged human rights violations and abuses committed in 
        Nicaragua since April 2018; and
            (3) to provide investigative and technical assistance to 
        the Group of Human Rights Experts on Nicaragua as requested and 
        as permitted under United Nations rules and regulations and 
        United States law.
    (b) Support for Further Action.--The President may direct the 
United States Permanent Representative to the United Nations to use the 
voice, vote, and influence of the United States to urge the United 
Nations to provide greater action with respect to human rights 
violations in Nicaragua by--
            (1) urging the United Nations General Assembly to consider 
        a resolution, consistent with prior United Nations resolutions, 
        condemning the exile of political prisoners and attacks on 
        religious freedom by the Ortega regime; and
            (2) assisting efforts by the relevant United Nations 
        Special Envoys and Special Rapporteurs to promote respect for 
        human rights and encourage dialogue towards a peaceful and 
        democratic transfer of power in Nicaragua.
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