[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5369 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5369
To reauthorize and expand the imposition of sanctions under the
Nicaragua Investment Conditionality Act of 2018, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 7, 2026
Mr. Cruz (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 expand the imposition of sanctions under the
Nicaragua Investment Conditionality Act of 2018, 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.
This Act may be cited as the ``Restoring Electoral Fairness and
Opposition Rights through Mandates for Accountability Act of 2026''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Government of Nicaragua, under the leadership of
Daniel Ortega and Rosario Murillo, has engaged in systematic
corruption, undermined democratic institutions, eroded the rule
of law, and committed widespread human rights abuses, including
state-sponsored violence against Nicaraguan citizens,
contributing to regional instability, forced migration,
transnational repression, and national security concerns.
(2) The 2021 Nicaraguan presidential election, which
resulted in the consolidation of authoritarian rule led by
Daniel Ortega and Rosario Murillo, was preceded by--
(A) the arrest, disqualification, and forced exile
of opposition candidates;
(B) the annulment of political parties;
(C) crackdowns on civil society; and
(D) restrictions on the press.
(3) Since 2018, the Murillo-Ortega regime has revoked the
legal registration of hundreds of nonprofit and faith-based
organizations as part of its broader campaign to suppress civil
society and religious institutions.
(4) On November 30, 2022, pursuant to section 402(b)(1)(A)
of the International Religious Freedom Act of 1998 (22 U.S.C.
6442(b)(1)(A)), the Secretary of State designated Nicaragua as
a country of particular concern for religious freedom for
having engaged in or tolerated particularly severe violations
of religious freedom.
(5) On December 18, 2023, the Murillo-Ortega regime
arrested 11 Nicaraguan pastors and ministry workers affiliated
with the organization Mountain Gateway and issued arrest
warrants for 3 United States citizens affiliated with the
organization on politically motivated charges.
(6) On July 20, 2026, Daniel Ortega publicly announced that
Nicaragua would no longer hold competitive elections, marking
the abandonment of elections and further consolidating
authoritarian governance.
(7) Nicaragua does not meet minimum democratic standards
under the Inter-American Democratic Charter.
(8) The policies of the United States Government should
support the people of Nicaragua in restoring peace and
democracy, protecting human rights, and promoting free, fair
and internationally observed elections.
SEC. 3. 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
observation of elections;
(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. 4. RENEWAL AND TERMINATION OF NICARAGUA INVESTMENT CONDITIONALITY
ACT OF 2018.
Section 10 of the Nicaragua Investment Conditionality Act of 2018
(Public Law 115-335; 50 U.S.C. 1701 note) is amended to read as
follows:
``SEC. 10. EFFECTIVE PERIOD.
``(a) Effective Date.--The provisions of this Act shall be in
effect on and after the date of the enactment of the Restoring
Electoral Fairness and Opposition Rights through Mandates for
Accountability Act of 2026.
``(b) Termination.--The provisions of this Act, and any sanctions
imposed under this Act, shall terminate on the earlier of--
``(1) December 31, 2035; or
``(2) the date that is 90 days after the President
certifies to the appropriate congressional committees that a
resolution to the political crisis in Nicaragua has been
reached 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
observation of elections;
``(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.''.
SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO GOLD SECTOR OF ECONOMY
OF NICARAGUA.
Section 5(a) of the Nicaragua 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'' and inserting
a semicolon;
(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--
``(A) the gold sector of the economy of Nicaragua;
or
``(B) any other sector of the economy of Nicaragua
identified by the Secretary of State, in consultation
with the Secretary of the Treasury, for the purposes of
this paragraph.''.
SEC. 6. EXPANSION OF LIST OF ACTIVITIES SUBJECT TO SANCTIONS WITH
RESPECT TO NICARAGUA.
Section 5(b) of the Nicaragua 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, volunteer, or employee of the Catholic
Church or a Protestant Church, because of the legitimate
exercise by that 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 or from Nicaragua, or by persons operating or
having operated in Nicaragua, that support--
``(A) the Government of the Russian Federation on
or after February 24, 2022; or
``(B) the Government of the Islamic Republic of
Iran on or after February 11, 1979.''.
SEC. 7. ADDITION TO LIST OF PRIORITY SANCTIONS TARGETS.
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 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.''.
SEC. 8. REPORT ON IMPLEMENTATION OF SANCTIONS.
Not later than 90 days after the date of 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 (Public Law 117-54; 50
U.S.C. 1701 note), 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 that Act;
(2) a detailed description of concrete steps that have been
taken under section 5(b)(1) of that Act to prioritize the
implementation of the targeted sanctions required under section
5 of the Nicaragua Investment Conditionality Act of 2018
(Public Law 115-335; 50 U.S.C. 1701 note); 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 (Public Law 117-54;50 U.S.C. 1701
note).
SEC. 9. ASSESSMENT OF CONDITIONS NECESSARY FOR DEMOCRATIC TRANSITION.
(a) Assessment.--The Secretary of State, in consultation with the
heads of other relevant Federal agencies, shall conduct an assessment
of the conditions necessary for an eventual democratic transition in
Nicaragua, including the conditions necessary for--
(1) the establishment of an impartial elections
administration body;
(2) the establishment of judicial independence;
(3) police reform;
(4) strengthening government institutions;
(5) the provision of humanitarian assistance; and
(6) the inclusion of Nicaraguan dissidents and opposition
leaders in the transition.
(b) Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit a report
on the assessment conducted under subsection (a) to the
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
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