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

<DOC>





                                                       Calendar No. 371
118th CONGRESS
  2d 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, Mr. Kaine, and Mr. Cassidy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

                              May 7, 2024

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

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Restoring 
Sovereignty and Human Rights in Nicaragua Act of 2023''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>Sec. 3. Findings.
<DELETED>Sec. 4. Sense of Congress.
   <DELETED>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

<DELETED>Sec. 101. Extension of authorities of the Nicaraguan 
                            Investment Conditionality Act of 2018.
<DELETED>Sec. 102. Enhancing sanctions on sectors of the Nicaraguan 
                            economy that generate revenue for the 
                            Ortega family.
<DELETED>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.
<DELETED>Sec. 104. Coordinated diplomatic strategy to restrict 
                            investment and loans that benefit the 
                            Government of Nicaragua from the Central 
                            American Bank for Economic Integration.
<DELETED>TITLE II--ADDITIONAL ECONOMIC MEASURES TO HOLD THE GOVERNMENT 
            OF NICARAGUA ACCOUNTABLE FOR HUMAN RIGHTS ABUSES

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

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

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Foreign Relations and 
                the Committee on Banking of the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Foreign Affairs and 
                the Committee on Financial Services of the House of 
                Representatives.</DELETED>
        <DELETED>    (2) United states person.--The term ``United 
        States person'' means--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. FINDINGS.</DELETED>

<DELETED>    Congress makes the following findings:</DELETED>
        <DELETED>    (1) The 2022 Annual Report of the United States 
        Commission on International Religious Freedom made the 
        following recommendations to the United States 
        Government:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) Collaborate with and encourage 
                multilateral organizations, such as the Organization of 
                American States--</DELETED>
                        <DELETED>    (i) to monitor and investigate 
                        violations of religious freedom that occur in 
                        Nicaragua;</DELETED>
                        <DELETED>    (ii) to work to identify 
                        perpetrators of religious freedom violations in 
                        Nicaragua; and</DELETED>
                        <DELETED>    (iii) to seek the repeal of 
                        problematic laws such as the foreign agents law 
                        passed in Nicaragua in 2020.</DELETED>
        <DELETED>    (2) The Catholic Church in Nicaragua suffered--
        </DELETED>
                <DELETED>    (A) 127 attacks in 2022;</DELETED>
                <DELETED>    (B) 54 attacks in 2021;</DELETED>
                <DELETED>    (C) 58 attacks in 2020;</DELETED>
                <DELETED>    (D) 76 attacks in 2019; and</DELETED>
                <DELETED>    (E) 81 attacks in 2018.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) According to human rights organizations, the 
        Ortega regime has 150 political prisoners, including prisoners 
        in solitary confinement.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (7) On February 9, 2023, the authoritarian Ortega 
        regime--</DELETED>
                <DELETED>    (A) expelled 222 Nicaraguan nationals who 
                had been unjustly imprisoned for exercising their 
                fundamental rights; and</DELETED>
                <DELETED>    (B) stripped those nationals of Nicaraguan 
                citizenship.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. SENSE OF CONGRESS.</DELETED>

<DELETED>    It is the sense of Congress that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) the United States Government should continue--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (3) the international community, including the 
        Holy See, the International Red Cross, and the United Nations 
        should coordinate efforts--</DELETED>
                <DELETED>    (A) to improve the conditions of all 
                political prisoners in Nicaragua;</DELETED>
                <DELETED>    (B) to document all gross violations of 
                internationally recognized human rights in Nicaragua; 
                and</DELETED>
                <DELETED>    (C) to call for the end of political 
                persecution against members of religious organizations, 
                including the Catholic Church.</DELETED>

   <DELETED>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</DELETED>

<DELETED>SEC. 101. EXTENSION OF AUTHORITIES OF THE NICARAGUAN 
              INVESTMENT CONDITIONALITY ACT OF 2018.</DELETED>

<DELETED>    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''.</DELETED>

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

<DELETED>    Section 5(a) of the Nicaraguan Investment Conditionality 
Act of 2018 (Public Law 115-335; 50 U.S.C. 1701 note) is amended--
</DELETED>
        <DELETED>    (1) in paragraph (3)(B), by striking 
        ``or'';</DELETED>
        <DELETED>    (2) in paragraph (4), by striking the period at 
        the end and inserting ``; or''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>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.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(7) Gross violations of the internationally 
        recognized human rights of prisoners.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) by redesignating clauses (viii) and (ix) as 
        clauses (ix) and (x), respectively; and</DELETED>
        <DELETED>    (2) by inserting after clause (vii) the following 
        new clause (viii):</DELETED>
                        <DELETED>    ``(viii) Officials of the 
                        Instituto de Prevision Social Militar (IPSM), 
                        commonly known as the Military Institute of 
                        Social Security of Nicaragua.''.</DELETED>

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

<DELETED>    Section 4 of the Nicaragua Investment Conditionality Act 
of 2018 (Public Law 115-335; 50 U.S.C. 1701 note) is amended--
</DELETED>
        <DELETED>    (1) by redesignating subsection (f) as subsection 
        (g);</DELETED>
        <DELETED>    (2) by inserting after subsection (e) the 
        following new subsection (f):</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) to increase the scrutiny of any loan or 
        financial or technical assistance provided by CABEI to any 
        project in Nicaragua; and</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    (3) in subsection (g), as so redesignated--
        </DELETED>
                <DELETED>    (A) in paragraph (4), by striking ``; 
                and'' and inserting a semicolon;</DELETED>
                <DELETED>    (B) by redesignating paragraph (5) as 
                paragraph (6); and</DELETED>
                <DELETED>    (C) by inserting after paragraph (4) the 
                following new paragraph (5):</DELETED>
        <DELETED>    ``(5) a description of the results of the 
        diplomatic strategy mandated by subsection (f); 
        and''.</DELETED>

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

<DELETED>SEC. 201. STATEMENT OF POLICY.</DELETED>

<DELETED>    It is the policy of the United States to seek a resolution 
to the political crisis in Nicaragua that includes--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) independent investigations into the killings 
        of protesters in Nicaragua.</DELETED>

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

<DELETED>    (a) Report Required.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) a description of the violations of 
                commitments made by Nicaragua under CAFTA-DR; 
                and</DELETED>
                <DELETED>    (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.).</DELETED>
        <DELETED>    (2) Form.--The report required by paragraph (1) 
        shall be submitted in unclassified form, but may include a 
        classified annex.</DELETED>
<DELETED>    (b) CAFTA-DR Defined.--In this section, the term ``CAFTA-
DR'' means the Dominican Republic-Central America-United States Free 
Trade Agreement--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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)).</DELETED>

<DELETED>SEC. 203. PROHIBITION ON NEW UNITED STATES INVESTMENT IN 
              NICARAGUA.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Exceptions.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (e) National Security Waiver.--The President may waive the 
application of the prohibition under subsection (a) with respect to a 
person if the President--</DELETED>
        <DELETED>    (1) determines that such a waiver is in the 
        national security interests of the United States; and</DELETED>
        <DELETED>    (2) submits to the appropriate congressional 
        committees a notification of the waiver and the reasons for the 
        waiver.</DELETED>

<DELETED>SEC. 204. TERMINATION.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>TITLE III--PROMOTING THE HUMAN RIGHTS OF NICARAGUANS</DELETED>

<DELETED>SEC. 301. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY 
              PROGRAMS.</DELETED>

<DELETED>    (a) Grants.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Funding limitation.--Any entity owned, 
        controlled, or otherwise affiliated with the Ortega regime is 
        not eligible to receive a grant under this section.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 302. SUPPORT FOR NICARAGUAN HUMAN RIGHTS AT THE UNITED 
              NATIONS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) a commitment to hold elections that 
                meet democratic standards and permit credible 
                international electoral observation;</DELETED>
                <DELETED>    (B) the cessation of the violence 
                perpetrated against civilians by the National Police of 
                Nicaragua and by armed groups supported by the 
                Government of Nicaragua; and</DELETED>
                <DELETED>    (C) independent investigations into the 
                killings of protesters;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

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 2024''.
    (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. 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. Expansion of targeted sanctions with respect to the Ortega 
                            regime.
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. 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) Human rights.--The term ``human rights'' means 
        internationally recognized human rights.
            (3) 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. 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 ( 50 U.S.C. 1701 note; Public Law 
        115-335) and the Reinforcing Nicaragua's Adherence To 
        Conditions For Electoral Reform Act Of 2021 (Public Law 117-
        54), in order to hold the authoritarian regime of President 
        Daniel Ortega accountable for crimes and human rights abuses 
        perpetrated against the people of Nicaragua and democratic 
        political actors, civil society organizations, religious 
        institutions, media, and academic institutions in Nicaragua;
            (2) the United States Government should continue--
                    (A) to raise concerns about human rights and 
                democracy in Nicaragua and call attention to the 
                efforts by the Ortega regime to silence the people of 
                Nicaragua and democratic political actors, civil 
                society organizations, religious institutions, media, 
                and academic institutions in Nicaragua; and
                    (B) to enforce Executive Order 13851 (50 U.S.C. 
                1702 note; relating to blocking of certain persons 
                contributing to the situation in Nicaragua); and
            (3) the international community, including the Holy See, 
        the International Committee of the Red Cross, and the United 
        Nations should coordinate efforts--
                    (A) to improve the detention conditions of all 
                political prisoners in Nicaragua; and
                    (B) to call for the end of political persecution of 
                the people of Nicaragua and democratic political 
                actors, civil society organizations, religious 
                institutions, media, and academic institutions in 
                Nicaragua.

  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 
( 50 U.S.C. 1701 note; Public Law 115-335) is amended by striking 
``2023'' and inserting ``2030''.

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 ( 50 U.S.C. 1701 note; Public Law 115-335) is amended--
            (1) in paragraph (2), by redesignating subparagraphs (A) 
        and (B) as clauses (i) and (ii), respectively, and moving such 
        clauses 2 ems to the right;
            (2) in paragraph (3), by redesignating subparagraphs (A) 
        and (B) as clauses (i) and (ii), respectively, and moving such 
        clauses 2 ems to the right;
            (3) by redesignating paragraphs (1) through (4) as 
        subparagraphs (A) through (D), respectively, and moving such 
        subparagraphs 2 ems to the right;
            (4) by amending the matter preceding subparagraph (A), as 
        so redesignated, to read as follows:
    ``(a) In General.--The President--
            ``(1) shall impose the sanctions described in subsection 
        (c) with respect to any foreign person, including any current 
        or former official of the Government of Nicaragua or any person 
        acting on behalf of that Government, that the President 
        determines--'';
            (5) in paragraph (1)(D), as so redesignated, by striking 
        the period at the end and inserting ``; and''; and
            (6) by adding at the end the following new paragraph:
            ``(2) may impose the sanctions described in subsection (c) 
        with respect to any foreign person that the President 
        determines to operate or have operated in the gold sectors of 
        the Nicaraguan economy or in any other sector of the Nicaraguan 
        economy identified by the Secretary of State, in consultation 
        with the Secretary of the Treasury, for the purposes of this 
        paragraph.''.

SEC. 103. EXPANSION OF TARGETED SANCTIONS WITH RESPECT TO THE ORTEGA 
              REGIME.

    (a) Expansion of Activities Triggering Targeted Sanctions.--Section 
5(b) of the Nicaraguan Investment Conditionality Act of 2018 ( 50 
U.S.C. 1701 note; Public Law 115-335) is amended--
            (1) in paragraph (1), by striking ``against persons 
        associated with the protests in Nicaragua that began on April 
        18, 2018''; and
            (2) 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 
        democratic political actor or a member of an independent civil 
        society organization for politically motivated charges.
            ``(7) The provision of significant goods, services, or 
        technology to support 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 (50 U.S.C. 1701 note; Public Law 117-54) 
is amended by inserting after clause (ix) the following:
                            ``(x) Officials of the Instituto de 
                        Prevision Social Militar (IPSM), commonly known 
                        as the Military Institute of Social Security of 
                        Nicaragua.''.
    (c) Reporting Requirement.--Not later than 90 days after the 
enactment of this Act, and annually thereafter for a period of 3 years, 
the Secretary of State, in consultation with the Secretary of the 
Treasury, shall submit to the Committee on Foreign Relations of the 
Senate and the Committee on Foreign Affairs of the House of 
Representatives a report on the implementation of section 5 of the 
Reinforcing Nicaragua's Adherence to the Conditions for Electoral 
Reform Act of 2021 (50 U.S.C. 1701 note; Public Law 117-54), which 
shall include--
            (1) an update on the status of efforts to implement a 
        coordinated strategy on the use of targeted sanctions under 
        section 5(a)(1) of such Act;
            (2) a detailed description of concrete steps that have been 
        taken under section 5(b)(1) of such Act to prioritize the 
        implementation of the targeted sanctions required under section 
        5 of the Nicaragua Investment Conditionality Act of 2018 (50 
        U.S.C. 1701 note; Public Law 115-335); and
            (3) a detailed description of the results of the review of 
        sanctionable targets required under section 5(b)(2) of the 
        Reinforcing Nicaragua's Adherence to the Conditions for 
        Electoral Reform Act of 2021 (50 U.S.C. 1701 note; Public Law 
        117-54).

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) in subsection (c), by inserting ``and paragraphs (1), 
        (2), and (3) of subsection (f)'' after ``subsection (b)'';
            (2) by redesignating subsection (f) as subsection (g);
            (3) 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')--
            ``(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
            (4) 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--
            (1) to seek a resolution to the political crisis in 
        Nicaragua that includes--
                    (A) a commitment by the Government of Nicaragua to 
                hold competitive, free, and fair 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 in Nicaragua; and
            (2) to support diplomatic engagement in order to advance a 
        negotiated and peaceful solution to the political crisis 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. TERMINATION.

    The provisions of this title, and any sanctions issued in 
accordance with the authorities of the Nicaragua Investment 
Conditionality Act of 2018 (Public Law 115-335; 50 U.S.C. 1701 note) or 
the Reinforcing Nicaragua's Adherence to the Conditions for Electoral 
Reform Act of 2021 (Public Law 117-54), 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 Secretary of State and Administrator 
        of the United States Agency for International Development 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) 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.
    (c) Sense of Congress.--It is the sense of Congress that before 
providing any grant under subsection (a)(1), the Secretary of State and 
the Administrator of the United States Agency for International 
Development should consult with members of the Nicaraguan diaspora, 
including Nicaraguan individuals in exile in Costa Rica and the United 
States.

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;
                    (C) independent investigations into the killings of 
                protesters; and
                    (D) the restoration of Nicaraguan citizenship and 
                restitution of political and civil rights for all 
                Nicaraguan nationals unjustly stripped of their 
                nationality, including the 222 Nicaraguan nationals 
                arbitrarily imprisoned and expelled to the United 
                States on February 9, 2023, and the 94 additional 
                Nicaraguan dissidents stripped of their nationality on 
                February 15, 2023;
            (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, including alleged crimes against 
        humanity; 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 negotiations that lead to free, 
        fair, and democratic elections in Nicaragua.
                                                       Calendar No. 371

118th CONGRESS

  2d Session

                                S. 1881

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 7, 2024

                       Reported with an amendment