[Congressional Record Volume 163, Number 158 (Tuesday, October 3, 2017)]
[House]
[Pages H7700-H7704]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NICARAGUAN INVESTMENT CONDITIONALITY ACT (NICA) OF 2017
Mr. ROYCE of California. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 1918) to oppose loans at international financial
institutions for the Government of Nicaragua unless the Government of
Nicaragua is taking effective steps to hold free, fair, and transparent
elections, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1918
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 ``Nicaraguan Investment
Conditionality Act (NICA) of 2017''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The House Committee on Foreign Affairs convened a
congressional hearing on December 1, 2011, entitled
``Democracy Held Hostage in Nicaragua: Part 1'' where former
United States Ambassador to Nicaragua Robert Callahan
testified, ``First, that Daniel Ortega's candidacy was
illegal, illegitimate, and unconstitutional; second, that the
period leading to the elections and the elections themselves
were marred by serious fraud; third, that Daniel Ortega and
his Sandinista party have systematically undermined the
country's fragile governmental institutions.''.
(2) According to the Organization of American States (OAS)
report on the Nicaraguan
[[Page H7701]]
2011 Presidential elections, the OAS recommended that the
Government of Nicaragua take a number of steps to improve its
electoral systems, including accrediting poll watchers to
ensure political parties and civil society are represented to
observe elections, and redesigning the structure of the
Nicaraguan electoral council to allow proper registration of
the electorate.
(3) On January 25, 2012, a press statement from Secretary
of State Hillary Clinton said: ``As noted by international
observers and Nicaraguan civil society groups, Nicaragua's
recent elections were not conducted in a transparent and
impartial manner, and the entire electoral process was marred
by significant irregularities. The elections marked a setback
to democracy in Nicaragua and undermined the ability of
Nicaraguans to hold their government accountable.''.
(4) According to the Department of State's 2015 Fiscal
Transparency Report: ``Nicaragua's fiscal transparency would
be improved by including all off-budget revenue and
expenditure in the budget, auditing state-owned enterprises,
and conducting a full audit of the government's annual
financial statements and making audit reports publicly
available within a reasonable period of time.''.
(5) According to the Department of State's Country Reports
on Human Rights Practices for 2015: ``In 2011 the Supreme
Electoral Council (CSE) announced the re-election of
President Daniel Ortega Saavedra of the Sandinista National
Liberation Front (FSLN) in elections that international and
domestic observers characterized as seriously flawed.
International and domestic organizations raised concerns
regarding the constitutional legitimacy of Ortega's re-
election. The 2011 elections also provided the ruling party
with a supermajority in the National Assembly, allowing for
changes in the constitution, including extending the reach of
executive branch power and the elimination of restrictions on
re-election for executive branch officials and mayors.
Observers noted serious flaws during the 2012 municipal
elections and March 2014 regional elections.''.
(6) According to the Department of State's Country Reports
on Human Rights Practices for 2015 in Nicaragua: ``The
principal human rights abuses were restrictions on citizens'
right to vote; obstacles to freedom of speech and press,
including government intimidation and harassment of
journalists and independent media, as well as increased
restriction of access to public information, including
national statistics from public offices; and increased
government harassment and intimidation of nongovernmental
organizations (NGOs) and civil society organizations.''.
(7) The same 2015 report stated: ``Additional significant
human rights abuses included considerably biased policies to
promote single-party dominance; arbitrary police arrest and
detention of suspects, including abuse during detention;
harsh and life-threatening prison conditions with arbitrary
and lengthy pretrial detention; discrimination against ethnic
minorities and indigenous persons and communities.''.
(8) On June 7, 2016, the Department of State's Bureau of
Democracy, Human Rights and Labor posted on social media:
``Disappointed government of Nicaragua said it will deny
electoral observers requested by Nicaraguan citizens, church,
and private sector . . . We continue to encourage the
government of Nicaragua to allow electoral observers as
requested by Nicaraguans.''.
(9) On June 14, 2016, President Ortega expelled three
United States Government officials (two officials from U.S.
Customs and Border Protection and one professor from the
National Defense University) from Nicaragua.
(10) On August 1, 2016, the Department of State issued a
press release to express grave concern over the Nicaraguan
government limiting democratic space leading up to the
elections in November and stated that ``[o]n June 8, the
Nicaraguan Supreme Court stripped the opposition Independent
Liberal Party (PLI) from its long recognized leader. The
Supreme Court took similar action on June 17 when it
invalidated the leadership of the Citizen Action Party, the
only remaining opposition party with the legal standing to
present a presidential candidate. Most recently, on July 29,
the Supreme Electoral Council removed 28 PLI national
assembly members (16 seated and 12 alternates) from their
popularly-elected positions.''.
(11) On November 7, 2016, the Department of State issued a
press release stating: ``The United States is deeply
concerned by the flawed presidential and legislative
electoral process in Nicaragua, which precluded the
possibility of a free and fair election on November 6. In
advance of the elections, the Nicaraguan government sidelined
opposition candidates for president, limited domestic
observation at the polls and access to voting credentials,
and took other actions to deny democratic space in the
process. The decision by the Nicaraguan government not to
invite independent international electoral observers further
degraded the legitimacy of the election.''.
(12) In November and December of 2016, the Board of
Executive Directors of the Inter-American Development Bank
postponed consideration of a policy based loan of $65 million
to the Government of Nicaragua due to the efforts of the
United States mission that expressed serious concerns of the
absence of transparency, systemic corruption, and the lack of
free and fair elections in Nicaragua.
(13) According to the Department of State's Country Reports
on Human Rights Practices for 2016: ``[A]ctions by the ruling
Sandinista National Liberation Front (FSLN) party resulted in
de facto concentration of power in a single party, with an
authoritarian executive branch exercising significant control
over the legislative, judicial, and electoral functions.''.
(14) According to the Department of State's Country Reports
on Human Rights Practices for 2016 in Nicaragua, ``The
November 6 elections for president, vice president, national
assembly members, and representatives for the Central
American parliament did not meet the conditions of being free
and fair . . . The November 6 presidential and legislative
elections were marred by allegations of institutional fraud
and the absence of independent opposition political parties.
National observers and opposition leaders claimed rates of
abstention from 60 to 70 percent.''.
(15) According to the Department of State's Country Reports
on Human Rights Practices for 2016: ``Companies reported that
bribery of public officials, unlawful seizures, and arbitrary
assessments by customs and tax authorities were common . . .
The courts remained particularly susceptible to bribes,
manipulation, and other forms of corruption, especially by
the FSLN, giving the sense that the FSLN heavily influenced
CSJ and lower-level court actions.''.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to support--
(1) the rule of law and an independent judiciary and
electoral council in Nicaragua;
(2) independent pro-democracy organizations in Nicaragua;
(3) free, fair, and transparent elections under
international and domestic observers in Nicaragua; and
(4) anti-corruption and transparency efforts in Nicaragua.
SEC. 4. INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) In General.--The President shall instruct the United
States Executive Director at each international financial
institution to use the voice, vote, and influence of the
United States to oppose any loan for the benefit of the
Government of Nicaragua, other than to address basic human
needs or promote democracy, unless the Secretary of State
certifies and reports to the appropriate congressional
committees that the Government of Nicaragua is taking
effective steps to--
(1) hold free, fair, and transparent elections overseen by
credible domestic and international electoral observers;
(2) promote democracy, as well as an independent judicial
system and electoral council;
(3) strengthen the rule of law;
(4) respect the right to freedom of association and
expression;
(5) combat corruption, including investigating and
prosecuting government officials that are credibly alleged to
be corrupt; and
(6) protect the right of political opposition parties,
journalists, trade unionists, human rights defenders, and
other civil society activists to operate without
interference.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Treasury shall
submit to the appropriate congressional committees a written
report assessing--
(1) the effectiveness of the international financial
institutions in enforcing applicable program safeguards in
Nicaragua; and
(2) the effects of the matters described in section 2 on
long-term prospects for positive development outcomes in
Nicaragua.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee on
Appropriations, and the Committee on Financial Services of
the House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on
Appropriations, and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
(2) International financial institution.--The term
``international financial institution'' means the
International Monetary Fund, International Bank for
Reconstruction and Development, European Bank for
Reconstruction and Development, International Development
Association, International Finance Corporation, Multilateral
Investment Guarantee Agency, African Development Bank,
African Development Fund, Asian Development Bank, Inter-
American Development Bank, Bank for Economic Cooperation and
Development in the Middle East and North Africa, and Inter-
American Investment Corporation.
(d) Termination.--This section shall terminate on the day
after the earlier of--
(1) the date on which the Secretary of State certifies and
reports to the appropriate congressional committees that the
requirements of subsection (a) are met; or
(2) 5 years after the date of the enactment of this Act.
(e) Waiver.--The President may waive this section if the
President determines that such a waiver is in the national
interest of the United States.
SEC. 5. ORGANIZATION OF AMERICAN STATES.
The President shall direct the United States Permanent
Representative to the OAS to use the voice, vote, and
influence of
[[Page H7702]]
the United States at the OAS to strongly advocate for an
Electoral Observation Mission to be sent to Nicaragua in 2017
to observe the possibility of credible elections.
SEC. 6. SENSE OF CONGRESS.
The Department of State and the United States Agency for
International Development should prioritize foreign
assistance to the people of Nicaragua to assist civil society
in democracy and governance programs, including human rights
documentation.
SEC. 7. REPORT ON CORRUPTION IN NICARAGUA.
(a) Report Requirement.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of State, in
consultation with the intelligence community (as defined in
section 3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4)), shall submit to Congress a report on the
involvement of senior Nicaraguan government officials,
including members of the Supreme Electoral Council, the
National Assembly, and the judicial system, in acts of public
corruption or human rights violations in Nicaragua.
(b) Form.--The report required in subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex. The unclassified portion of the report shall be made
available to the public.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Royce) and the gentleman from New Jersey (Mr. Sires)
each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. ROYCE of California. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days within which to revise and
extend their remarks and include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. ROYCE of California. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, the world has watched with great concern, with mounting
horror, actually, as Venezuela suffers economic ruin amid a potential
crisis that has eroded democracy, and that threatens to destabilize the
region. Meanwhile, less noticed, Nicaragua continues to violate the
region's democratic values by failing to conduct fair and transparent
elections and by denying Nicaraguans freedom of expression and freedom
of association.
Mr. Speaker, I am grateful for the leadership of chairman emeritus of
the Foreign Affairs Committee, Ms. Ros-Lehtinen; and the chairman and
ranking member of the Western Hemisphere Subcommittee, Mr. Duncan; and
the ranking member, Mr. Sires, in bringing this measure to the floor.
{time} 1445
This legislation will require U.S. representatives at international
financial institutions to use the vote and influence of the United
States to oppose any loans to Nicaragua unless the country has shown a
willingness to respect the human and democratic rights of its citizens.
Nicaragua's authoritarian President Daniel Ortega, and that's the
same Daniel Ortega who lost the Presidency in 1990, has tightened his
grip on power by weakening government institutions and the opposition
and ensuring power for himself and his family by excluding
international election observers.
By requiring that the Secretary of State certify that Nicaragua has
taken steps to provide election transparency and combat corruption
before the United States votes to provide the Government of Nicaragua
with loans, we help ensure that taxpayer money is not used to line the
pockets of corrupt authoritarians, or to derail the legitimate
democratic rights of the Nicaraguan citizens.
We need only to look to Venezuela to see that the consolidation of
state power and organized crime and corruption actually go hand in
hand. As a region, we must stand in strong opposition to
authoritarianism and corruption in Nicaragua, while not punishing the
people of Nicaragua. And it is this point of not punishing the people
of Nicaragua that also we have to include in this measure; and for that
reason, and because of this, the authors of the bill have insured a
carve-out, and that carve-out exempts all loans that are for
humanitarian purposes.
So this bill stands squarely with the people of Nicaragua and their
hopes for freedom and democracy and the rule of law. Its passage is
just one way that we can demonstrate this support. I urge my colleagues
to join me in supporting the measure.
Mr. Speaker, I reserve the balance of my time.
House of Representatives,
Committee on Financial Services,
Washington, DC, October 3, 2017.
Hon. Ed Royce,
Chairman, Committee on Foreign Affairs,
Washington, DC.
Dear Chairman Royce: I am writing concerning H.R. 1918, the
Nicaraguan Investment Conditionality Act (NICA) of 2017, as
amended.
As a result of your having consulted with the Committee on
Financial Services concerning provisions in the bill that
fall within our Rule X jurisdiction, I agree to forgo action
on the bill so that it may proceed expeditiously to the House
Floor. The Committee on Financial Services takes this action
with our mutual understanding that, by foregoing
consideration of H.R. 1918, as amended, at this time, we do
not waive any jurisdiction over the subject matter contained
in this or similar legislation, and that our Committee will
be appropriately consulted and involved as this or similar
legislation moves forward so that we may address any
remaining issues that fall within our Rule X jurisdiction.
Our Committee also reserves the right to seek appointment of
an appropriate number of conferees to any House-Senate
conference involving this or similar legislation, and
requests your support for any such request.
Finally, I would appreciate your response to this letter
confirming this understanding with respect to H.R. 1918, as
amended, and would ask that a copy of our exchange of letters
on this matter be included in the Congressional Record during
floor consideration thereof.
Sincerely,
Jeb Hensarling,
Chairman, Committee on Financial Services.
____
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, October 3, 2017.
Hon. Jeb Hensarling,
Chairman, Committee on Financial Services,
Washington, DC.
Dear Chairman Hensarling: Thank you for consulting with the
Foreign Affairs Committee and agreeing to be discharged from
further consideration of H.R. 1918, the Nicaragua Investment
Conditionality Act, so that the bill may proceed
expeditiously to the House floor.
I agree that your forgoing further action on this measure
does not in any way diminish or alter the jurisdiction of
your committee, or prejudice its jurisdictional prerogatives
on this resolution or similar legislation in the future. I
would support your effort to seek appointment of an
appropriate number of conferees from your committee to any
House-Senate conference on this legislation.
I will seek to place our letters on H.R. 1918 into the
Congressional Record during floor consideration of the bill.
I appreciate your cooperation regarding this legislation and
look forward to continuing to work together as this measure
moves through the legislative process.
Sincerely,
Edward R. Royce,
Chairman.
Mr. SIRES. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise to speak in support of H.R. 1918, the Nicaraguan
Investment Conditionality Act, also known as the NICA Act.
I want to start by thanking Chairman Royce, Ranking Member Engel, and
my chairman on the Western Hemisphere Subcommittee, Jeff Duncan, for
their efforts to bring this bill to the floor.
I also would like to thank my good friend from Florida, Ileana Ros-
Lehtinen, who has worked tirelessly for decades and never backs down
when it comes to standing up against authoritarian regimes and human
rights violators.
We are here today to stand up against Daniel Ortega and his constant
pursuit of gaining absolute political control over the Nicaraguan
people. Daniel Ortega and his family continue to amass wealth while the
Nicaraguans remain the second poorest country in the Western
Hemisphere.
Ortega has spent years winning sham elections, eliminating political
opposition, and now has his wife take the role of Vice President. If
you need any more convincing of his intentions, Ortega continues to
strongly defend Nicolas Maduro, the Venezuelan dictator whose regime
shoots unarmed protestors in the streets, jails the opposition,
dissolved Congress, and has brought what should be one of the richest
countries in Latin America to the brink of collapse.
Being a corrupt democracy in name only cannot go without
consequences. This bipartisan legislation makes it clear that the U.S.
will not stand by and watch Ortega trample the people's human rights
defenders and stomp all over democracy, while getting rich at the
expense of the Nicaraguan people.
[[Page H7703]]
H.R. 1918 calls on the U.S. Government to oppose loans at
international financial institutions for Nicaragua unless the
Nicaraguan Government takes some effective steps to hold free, fair,
and transparent elections and commits to upholding democratic
principles.
Congress and the administration need to work together and find ways
to empower the Nicaraguan people and defend against Ortega's hostile
behavior towards innocent civilians. It is my hope that this bipartisan
legislation will pass the Senate and quickly be signed into law.
I thank the chairman and ranking member once again and their staff
for all their help in bringing the NICA Act to the floor. I urge my
colleagues to vote in support of this bill to hold the Ortega regime
accountable for its actions.
Mr. Speaker, I reserve the balance of my time.
Mr. ROYCE of California. Mr. Speaker, I yield 6 minutes to the
gentlewoman from Florida (Ms. Ros-Lehtinen) who chairs the Foreign
Affairs Subcommittee on the Middle East and North Africa, and is the
author of this legislation.
Ms. ROS-LEHTINEN. Mr. Speaker, I rise in strong support of this bill,
H.R. 1918, the Nicaraguan Investment Conditionality Act, also known as
the NICA Act, and I want to thank Chairman Royce and Ranking Member
Engel for working with my office to bring this important measure to the
floor today.
I also want to thank my legislative ``brother,'' ``mi hermano,'' the
gentleman from New Jersey (Mr. Sires), who is the Democratic lead on
this legislation, because his leadership on all things related to human
rights is admirable, and his steadfast support for the people of
Nicaragua has been unwavering.
I also want to thank the Western Hemisphere Subcommittee Chairman
Jeff Duncan. He has been helping us in leading the effort and bringing
attention to the human rights abuses that are sadly occurring in
Nicaragua.
This legislation before us, Mr. Speaker, is straightforward, and it
is simple. There have been a lot of exaggerations about what this bill
does and what this bill doesn't do.
Our bill is aimed at leveraging America's influence and conditioning
our vote at any of the international financial institutions for
Nicaragua until the leadership in that country takes significant steps
to restore democratic order.
I think that we would all agree, as Members of the United States
Congress, that to have democracies in our region is beneficial; and to
have strong governance and strong rule of law and a strong independent
judiciary, these are all values that we share and that the people
throughout the hemisphere would like to have that in their countries as
well.
So let's go over, just briefly, what are some of the conditions in
this bill. And please, as I go through them, ask yourself: Is that a
damaging condition, or is that something that would help the people?
Not whether it helps the ruling class, the rich guys, the fat-cat
bankers, not whether it helps the regime or the government in power,
whether it helps the people of those countries.
So let me go through the list, Mr. Speaker. This bill has as
conditions:
To promote democracy. Promoting democracy, promoting an independent
judicial system. Those are wonderful values. Promoting an independent
electoral council, so that the ruling party doesn't steal elections;
Strengthen the rule of law so that you don't have corrupt judges
deciding in favor of the rich guys and against the poor of the country;
Fighting corruption, including investigating and prosecuting
government officials who are credibly alleged to be corrupt, who go
against the people of Nicaragua and further enrich those who wish to do
damage to the country.
What else does the bill do? Well, one of the conditions is that it
protects the right of political opposition parties. Don't we want that,
political opposition parties; journalists who are trying to get the
truth to the Nicaraguan people just as they do here to the American
people; trade unionists; human rights defenders and other civil rights
advocates to operate without interference. Isn't that what we want for
all countries to have?
These conditions, Mr. Speaker, they are not unheard of; in fact, they
are similar to what this country has already passed, what this Congress
has already passed for the Northern Triangle countries of Honduras, of
Guatemala, and of El Salvador. And now we want to do that for
Nicaragua, so it is intended to help the people of Nicaragua.
This bill has safeguards in place to ensure that humanitarian
assistance continues to be provided to address basic human needs.
Humanitarian assistance will continue.
Some of those basic needs that we talked about, such as free and fair
elections, they are not being met today due to the failed leadership in
Nicaragua. And who does that help? Well, it helps the leaders, and it
hurts the people when you don't have free and fair elections. We want
to help the people of Nicaragua.
Now, reports have surfaced that the Nicaraguan electoral council is
giving away identity cards, so that minors, underage individuals can be
allowed to vote. Nicaraguans who are not on the electoral rolls are
also being allowed to vote.
What does that mean, Mr. Speaker? It means that there will be no way
to determine if the individual voted more than once, and that is
exactly how the status quo wants it; the fat-cats, they like it so that
they can stay there and they can manipulate the results of the
elections.
We are also seeing civil society leaders publicly expressing their
concern regarding the deterioration of human rights in Nicaragua. As a
result of speaking out against the government, they have been targeted
for persecution. You speak out against the government, you are going to
have some false charges thrown at you.
And what about the indigenous communities? They have also expressed
their concern regarding land grabs by the government. Violence is
breaking out as the Nicaraguan military is being dispatched to squash
the peaceful protests by these indigenous communities.
So let us not forget, Mr. Speaker, just what kind of leadership
structure we are dealing with in Nicaragua. The Russians have set up
operations in Managua, they are proud of it, they put it in the front
pages, and that poses a threat to U.S. national security interests.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. ROYCE of California. I yield the gentlewoman an additional 2
minutes.
Ms. ROS-LEHTINEN. Mr. Speaker, Nicaragua continues to offer its
unconditional support to Nicolas Maduro and his dictatorial regime in
Venezuela. And according to congressional testimony, Venezuela's
entity, PDVSA, has also used its subsidiary in Nicaragua, which is
called Albanisa--and I will give the exact letters of those names--to
launder money.
So, Mr. Speaker, if Venezuela's Maduro is using Nicaragua in order to
evade U.S. sanctions, we need to take a closer look at these ties. We
need to hold people accountable because all of that hurts the people of
Venezuela and the people of Nicaragua. It helps the government, but it
doesn't help the people.
That is what this bill does. We want to hold the Nicaraguan
Government accountable, just like we have done in other countries, as I
said, in Central America. This is not something new, out of whole
cloth, that we have invented. It has worked, and it has truly helped
the people.
Now, earlier this year, Mr. Sires and I, we traveled to Honduras, we
traveled to Guatemala, and we saw firsthand how conditioning our
support for these countries works and has been extremely effective.
Has it hurt those countries? It has not. It has worked. It has
strengthened their democracy. It has strengthened the rule of law, the
independent judiciary.
So placing conditions incentivizes countries to do the right thing,
and it makes institutional reforms, as needed, to improve the
livelihood of their citizens.
So I know that the Nicaraguan Government does not like this bill, but
I tell you, Mr. Speaker, the people of Nicaragua would like to know
that the United States Congress stands with them as they call for
reforms that promote democracy, that strengthen the
[[Page H7704]]
rule of law, that fight corruption, and that protect the rights of all
political opposition parties, and that is exactly what this bill does.
Mr. SIRES. Mr. Speaker, I yield 2 minutes to the gentleman from Texas
(Mr. Gonzalez), a member of the Financial Services Committee.
Mr. GONZALEZ of Texas. Mr. Speaker, I rise today to express my
concern with H.R. 1918, the Nicaraguan Investment Conditionality Act of
2017.
Today, I stand with the people of Nicaragua and the people of south
Texas. Nicaragua has been our partner to the south. They work with us
to combat drug trafficking, limit irregular migration, and make our
region and our world a safer place. Nicaragua today is the safest
country in Central America.
{time} 1500
I agree, we must be vigilant in monitoring Nicaragua's transition to
democracy. However, we must recognize that enacting this bill could
have serious consequences on the region.
NICA could strain our alliance with Nicaragua, and it could lead to
instability, irregular immigration to the United States, to my border
district, and an increase in criminal activity. My district was ground
zero for the last immigration surge, and I would like to prevent that
from happening again.
Nicaragua has its economic and political challenges, but it has taken
steps to address poverty, climate change, and to grow its economy. How
can we, in good conscience, support a measure that would punish the
poorest country in Central America and the second poorest in the
Western Hemisphere?
Moreover, Nicaragua stands with America and our allies against the
rogue nation of North Korea. We cannot compare Nicaragua to Venezuela.
While we must hold countries accountable, we should bring them in
rather than shut them out. We have the ability to guide these nations
to embrace democracy and condemn bad actors.
Lastly, I want to make clear that this is not an endorsement of the
Sandinistas or any other regime. Today I speak for the less fortunate
in Nicaragua who suffer the most from NICA.
Mr. Speaker, I look forward to working with my colleagues to find a
solution to this complex issue.
Mr. ROYCE of California. Mr. Speaker, I yield myself 2 minutes.
Mr. Speaker, I think it is important, when we consider the challenge
that we have here, the Carter Center was involved in Nicaragua trying
to oversee the election there. They came to the conclusion that the
election was not transparent. The elections were not fair in Nicaragua.
The European Union was engaged in trying to monitor those elections.
Again, the same conclusion.
The Organization of American States, it is the standard or it is the
organization representing all of the governments in this hemisphere,
they again raised the same issue.
When we think what we are trying to do here, the goal is, first, any
loans that go to the benefit of the people of Nicaragua, that is exempt
anyway. From the humanitarian standpoint, we want them to have the
loans. But if we are going to make a loan that benefits the head of
state or the government and, as part of that, we put the same
conditions that the OAS puts on member loans, the same conditions that
we put on other countries with respect to the rule of law or with
respect to transparency and free and fair elections, I don't think that
that is unusual in the least. As a matter of fact, those are the
conditions we apply.
The attempt to focus on this and our frustration with it is to give
that added boost, just as the Carter Center is trying to do, just as
the European Union is trying to weigh in, just as the OAS is suggesting
as we go forward that there be these reforms and transparency. I think
it is proper that this institution does the same. I think the carve-out
we put in the bill for humanitarian aid addresses the other issues.
So from that standpoint, I think it is necessary for us to do what we
can at this time to nudge this back toward free and fair elections.
Mr. SIRES. Mr. Speaker, I again want to thank Chairman Royce, Ranking
Member Engel, and mi hermana from Florida, my sister, Ileana Ros-
Lehtinen, for their work on this bipartisan measure and for their
commitment to democracy in the Western Hemisphere. They have skillfully
crafted the NICA Act to hold President Ortega accountable, while
ensuring that the Nicaraguan people do not suffer. I am glad that we
are advancing this measure, and I urge my colleagues to support it.
Mr. Speaker, I yield back the balance of my time.
Mr. ROYCE of California. Mr. Speaker, I yield myself such time as I
may consume.
In summing up here, the focus of this legislation is clearly to seek
to end a practice which many in the international community find a
vexing one, and that is it tries to ensure that the loans that are
given to the Government of Nicaragua meet certain democratic benchmarks
before issuing any loans that would specifically benefit those in the
government. There is a carve-out, as I shared, for any humanitarian
loans.
I think the reason this approach has gained bipartisan support is
because the United States, in this instance, will be engaged still, but
engaged in a way where we are not encouraging corruption. I say that
because it pushes Nicaragua to allow for free and transparent
elections, and that should be our goal. That is the goal of other
election observers who have been involved in the past and have
expressed their concerns about the state of play there.
Mr. Speaker, I thank the authors, and I yield back the balance of my
time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Royce) that the House suspend the rules
and pass the bill, H.R. 1918, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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