[Congressional Record Volume 164, Number 186 (Tuesday, November 27, 2018)]
[Senate]
[Pages S7143-S7144]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        NICARAGUAN INVESTMENT CONDITIONALITY ACT (NICA) OF 2017

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
Committee on Foreign Relations be discharged from further consideration 
of H.R. 1918 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A 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.

  There being no objection, the committee was discharged, and the 
Senate proceeded to consider the bill.
  Mr. McCONNELL. I ask unanimous consent that the Menendez substitute 
amendment at the desk be agreed to and that the bill, as amended, be 
read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4066) was agreed to, as follows:

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Nicaragua 
     Human Rights and Anticorruption Act of 2018''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress on advancing a negotiated solution to 
              Nicaragua's crisis.
Sec. 3. Statement of policy.
Sec. 4. Restrictions on international financial institutions relating 
              to Nicaragua.
Sec. 5. Imposition of targeted sanctions with respect to Nicaragua.
Sec. 6. Annual certification and waiver.
Sec. 7. Report on human rights violations and corruption in Nicaragua.
Sec. 8. Civil society engagement strategy.
Sec. 9. Reform of Western Hemisphere Drug Policy Commission.
Sec. 10. Termination.
Sec. 11. Definitions.

     SEC. 2. SENSE OF CONGRESS ON ADVANCING A NEGOTIATED SOLUTION 
                   TO NICARAGUA'S CRISIS.

       It is the sense of Congress that--
       (1) credible negotiations between the Government of 
     Nicaragua and representatives of Nicaragua's civil society, 
     student movement, private sector, and political opposition, 
     mediated by the Catholic Church in Nicaragua, represent the 
     best opportunity to reach a peaceful solution to the current 
     political crisis that includes--
       (A) a commitment to hold early 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; and
       (2) negotiations between the Government of Nicaragua and 
     representatives of Nicaragua's civil society, student 
     movement, private sector, and political opposition, mediated 
     by the Catholic Church in Nicaragua, have not resulted in an 
     agreement as of the date of the enactment of this Act because 
     the Government of Nicaragua has failed to credibly 
     participate in the process.

     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) democratic governance in Nicaragua;
       (3) free and fair elections overseen by credible domestic 
     and international observers in Nicaragua; and
       (4) anti-corruption and transparency efforts in Nicaragua.

     SEC. 4. RESTRICTIONS ON INTERNATIONAL FINANCIAL INSTITUTIONS 
                   RELATING TO NICARAGUA.

       (a) Restrictions.--The Secretary of the Treasury shall--
       (1) instruct the United States Executive Director at each 
     international financial institution of the World Bank Group 
     to use the voice, vote, and influence of the United States to 
     oppose the extension by the International Finance Corporation 
     of any loan or financial or technical assistance to the 
     Government of Nicaragua for a project in Nicaragua;
       (2) instruct the United States Executive Director of the 
     Inter-American Development Bank to use the voice, vote, and 
     influence of the United States to oppose the extension by the 
     Bank of any loan or financial or technical assistance to the 
     Government of Nicaragua for a project in Nicaragua; and
       (3) instruct the United States Executive Director of each 
     other international financial institution, including the 
     International Monetary Fund, to work with other key donor 
     countries to develop a coherent policy approach to future 
     engagements with and lending to the Government of Nicaragua, 
     in a manner that will advance human rights, including the 
     full restoration of the rights guaranteed to the people of 
     Nicaragua through the commitments made by the Government of 
     Nicaragua as a signatory of the International Covenant on 
     Civil and Political Rights.
       (b) Exceptions for Basic Human Needs and Democracy 
     Promotion.--The restrictions under paragraphs (1) and (2) of 
     subsection (a) shall not apply with respect to any loan or 
     financial or technical assistance provided to address basic 
     human needs or to promote democracy in Nicaragua.
       (c) Briefing by the Secretary of the Treasury.--Not later 
     than 180 days after the date of the enactment of this Act, 
     and annually thereafter, the Secretary of the Treasury shall 
     brief the appropriate congressional committees on the 
     effectiveness of international financial institutions in 
     enforcing applicable program safeguards in Nicaragua.

     SEC. 5. IMPOSITION OF TARGETED SANCTIONS WITH RESPECT TO 
                   NICARAGUA.

       (a) In General.--The President 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--
       (1) to be responsible for or complicit in, or responsible 
     for ordering, controlling, or otherwise directing, or to have 
     knowingly participated in, directly or indirectly, any 
     activity described in subsection (b);
       (2) to be a leader of--
       (A) an entity that has, or whose members have, engaged in 
     any activity described in subsection (b); or
       (B) an entity whose property and interests in property are 
     blocked under subsection (c)(1)(A) as a result of activities 
     related to the tenure of the leader;
       (3) to have knowingly materially assisted, sponsored, or 
     provided financial, material, or technological support for, 
     or goods or services in support of--
       (A) an activity described in subsection (b); or
       (B) a person whose property and interests in property are 
     blocked under subsection (c)(1)(A); or
       (4) to be owned or controlled by, or to have knowingly 
     acted or purported to act for or on behalf of, directly or 
     indirectly, any person whose property and interests in 
     property are blocked under subsection (c)(1)(A).
       (b) Activities Described.--An activity described in this 
     subsection is any of the following in or in relation to 
     Nicaragua on or after April 18, 2018:
       (1) Significant acts of violence or conduct that 
     constitutes a serious abuse or violation of human rights 
     against persons associated

[[Page S7144]]

     with the protests in Nicaragua that began on April 18, 2018.
       (2) Significant actions or policies that undermine 
     democratic processes or institutions.
       (3) Acts of significant corruption by or on behalf of the 
     Government of Nicaragua or a current or former official of 
     the Government of Nicaragua, including--
       (A) the expropriation of private or public assets for 
     personal gain or political purposes;
       (B) corruption related to government contracts;
       (C) bribery; or
       (D) the facilitation or transfer of the proceeds of 
     corruption.
       (4) The arrest or prosecution of a person, including an 
     individual or media outlet disseminating information to the 
     public, primarily because of the legitimate exercise by such 
     person of the freedom of speech, assembly, or the press.
       (c) Sanctions Described.--
       (1) In general.--The sanctions described in this subsection 
     are the following:
       (A) Asset blocking.--The exercise of all powers granted to 
     the President by the International Emergency Economic Powers 
     Act (50 U.S.C. 1701 et seq.) to the extent necessary to block 
     and prohibit all transactions in all property and interests 
     in property of a person determined by the President to be 
     subject to subsection (a) if such property and interests in 
     property are in the United States, come within the United 
     States, or are or come within the possession or control of a 
     United States person.
       (B) Exclusion from the united states and revocation of visa 
     or other documentation.--In the case of an alien determined 
     by the President to be subject to subsection (a), denial of a 
     visa to, and exclusion from the United States of, the alien, 
     and revocation in accordance with section 221(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1201(i)), of any 
     visa or other documentation of the alien.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of a 
     measure imposed pursuant to paragraph (1)(A) or any 
     regulation, license, or order issued to carry out paragraph 
     (1)(A) 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.
       (3) Exception relating to importation of goods.--The 
     requirement to block and prohibit all transactions in all 
     property and interests in property under paragraph (1)(A) 
     shall not include the authority to impose sanctions on the 
     importation of goods.
       (4) Exception to comply with united nations headquarters 
     agreement.--Sanctions under paragraph (1)(B) shall not apply 
     to an alien if admitting the alien into the United States is 
     necessary to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success June 26, 1947, and entered into force 
     November 21, 1947, between the United Nations and the United 
     States, or other applicable international obligations.
       (d) Implementation; Regulatory Authority.--
       (1) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this section.
       (2) Regulatory authority.--The President shall issue such 
     regulations, licenses, and orders as are necessary to carry 
     out this section.

     SEC. 6. ANNUAL CERTIFICATION AND WAIVER.

       (a) Certification.--Not later than 180 days after the date 
     of the enactment of this Act, and annually thereafter, the 
     Secretary of State shall submit to the appropriate 
     congressional committees a report certifying whether the 
     Government of Nicaragua is taking effective steps--
       (1) to strengthen the rule of law and democratic 
     governance, including the independence of the judicial system 
     and electoral council;
       (2) to combat corruption, including by investigating and 
     prosecuting cases of public corruption;
       (3) to protect civil and political rights, including the 
     rights of freedom of the press, speech, and association, for 
     all people of Nicaragua, including political opposition 
     parties, journalists, trade unionists, human rights 
     defenders, indigenous peoples, and other civil society 
     activists;
       (4) to investigate and hold accountable officials of the 
     Government of Nicaragua and other persons responsible for the 
     killings of individuals associated with the protests in 
     Nicaragua that began on April 18, 2018; and
       (5) to hold free and fair elections overseen by credible 
     domestic and international observers
       (b) Waiver.--
       (1) Temporary general waiver.--If the Secretary certifies 
     to the appropriate congressional committees under subsection 
     (a) that the Government of Nicaragua is taking effective 
     steps as described in that subsection, the President may 
     waive the application of the restrictions under section 4 and 
     sanctions under section 5 for a period of not more than one 
     year beginning on the date of the certification.
       (2) National interest waiver.--The President may waive the 
     application of the restrictions under section 4 and sanctions 
     under section 5 if the President--
       (A) determines that such a waiver is in the national 
     interest of the United States; and
       (B) submits to the appropriate congressional committees a 
     notice of and justification for the waiver.
       (3) Sense of congress.--It is the sense of Congress that 
     the President should exercise the waiver authority provided 
     under paragraph (1) if the Secretary of State certifies under 
     subsection (a) that the Government of Nicaragua is taking 
     effective steps as described in that subsection.
       (c) Consultation.--In preparing a certification required by 
     subsection (a), the Secretary shall consult with the 
     appropriate congressional committees.
       (d) Annual Briefing.--The Secretary shall annually brief 
     the appropriate congressional committees on whether the 
     Government of Nicaragua is taking effective steps as 
     described in subsection (a).

     SEC. 7. REPORT ON HUMAN RIGHTS VIOLATIONS AND CORRUPTION IN 
                   NICARAGUA.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, acting 
     through the Assistant Secretary of State for Intelligence and 
     Research, and in coordination with the Secretary of the 
     Treasury and the Director of National Intelligence, shall 
     submit to the appropriate congressional committees a report 
     on--
       (1) the involvement of senior officials of the Government 
     of Nicaragua, including members of the Supreme Electoral 
     Council, the National Assembly, and the judicial system, in 
     human rights violations, acts of significant corruption, and 
     money laundering; and
       (2) persons that transfer, or facilitate the transfer of, 
     goods or technologies for use in or with respect to 
     Nicaragua, that are used by the Government of Nicaragua to 
     commit serious human rights violations against the people of 
     Nicaragua.
       (b) Form.--The report required by subsection (a) may be 
     classified.

     SEC. 8. CIVIL SOCIETY ENGAGEMENT STRATEGY.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of State shall brief the appropriate 
     congressional committees on a strategy--
       (1) for engaging relevant elements of civil society in 
     Nicaragua, including independent media, human rights, and 
     anti-corruption organizations, to strengthen rule of law and 
     increase accountability for human rights abuses and 
     corruption in Nicaragua; and
       (2) setting forth measures to support the protection of 
     human rights and anti-corruption advocates in Nicaragua.

     SEC. 9. REFORM OF WESTERN HEMISPHERE DRUG POLICY COMMISSION.

       Section 603(f)(1) of the Department of State Authorities 
     Act, Fiscal Year 2017 (Public Law 114-323; 130 Stat. 1938) is 
     amended by striking ``Not later than 60 days after the date 
     of the enactment of this Act, the Commission shall hold an 
     initial meeting to develop and implement'' and inserting ``At 
     the initial meeting of the Commission, the Commission shall 
     develop and implement''.

     SEC. 10. TERMINATION.

       The provisions of this Act (other than section 9) shall 
     terminate on December 31, 2023.

     SEC. 11. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Banking, Housing, and Urban Affairs, and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Financial Services, and the Committee on Appropriations of 
     the House of Representatives.
       (2) Good.--The term ``good'' means any article, natural or 
     manmade substance, material, supply or manufactured product, 
     including inspection and test equipment, and excluding 
     technical data.
       (3) Person.--The term ``person'' means an individual or 
     entity.
       (4) United states person.--The term ``United States 
     person'' means any United States citizen, permanent resident 
     alien, entity organized under the laws of the United States 
     or any jurisdiction within the United States (including a 
     foreign branch of such an entity), or any person in the 
     United States.

  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill was read the third time.
  Mr. McCONNELL. I know of no further debate on the bill, as amended.
  The PRESIDING OFFICER. Is there further debate?
  If not, the bill having been read the third time, the question is, 
Shall the bill pass?
  The bill (H.R. 1918), as amended, was passed.
  Mr. McCONNELL. I ask unanimous consent that the motion to reconsider 
be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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