[Congressional Record Volume 167, Number 140 (Thursday, August 5, 2021)]
[Senate]
[Pages S5987-S5989]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REINFORCING NICARAGUA'S ADHERENCE TO CONDITIONS FOR ELECTORAL REFORM
ACT OF 2021
Mr. SCHATZ. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 86, S. 1041.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 1041) to advance the strategic alignment of
United States diplomatic tools toward the realization of
free, fair, and transparent elections in Nicaragua and to
reaffirm the commitment of the United States to protect the
fundamental freedoms and human rights of the people of
Nicaragua, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Foreign Affairs, with an
amendment to strike all after the enacting clause and insert in lieu
thereof the following
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Reinforcing Nicaragua's Adherence to Conditions for
Electoral Reform Act of 2021'' or the ``RENACER Act''.
(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.
Sec. 3. Review of participation of Nicaragua in Dominican Republic-
Central America-United States Free Trade Agreement.
Sec. 4. Restrictions on international financial institutions relating
to Nicaragua.
Sec. 5. Targeted sanctions to advance democratic elections.
Sec. 6. Developing and implementing a coordinated sanctions strategy
with diplomatic partners.
Sec. 7. Inclusion of Nicaragua in list of countries subject to certain
sanctions relating to corruption.
Sec. 8. Classified report on the involvement of Ortega family members
and Nicaraguan government officials in corruption.
Sec. 9. Classified report on the activities of the Russian Federation
in Nicaragua.
Sec. 10. Imposition of sanctions under section 231 of Countering
America's Adversaries Through Sanctions Act with respect
to Government of Nicaragua.
Sec. 11. Report on human rights abuses in Nicaragua.
Sec. 12. Supporting independent news media and freedom of information
in Nicaragua.
Sec. 13. Amendment to short title of Public Law 115-335.
Sec. 14. Definition.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) ongoing efforts by the government of President Daniel
Ortega in Nicaragua to suppress the voice and actions of
political opponents through intimidation and unlawful
detainment, civil society, and independent news media violate
the fundamental freedoms and basic human rights of the people
of Nicaragua;
(2) Congress unequivocally condemns the politically
motivated and unlawful detention of presidential candidates
Cristiana Chamorro, Arturo Cruz, Felix Maradiaga, and Juan
Sebastian Chamorro;
(3) Congress unequivocally condemns the passage of the
Foreign Agents Regulation Law, the Special Cybercrimes Law,
the Self-Determination Law, and the Consumer Protection Law
by the National Assembly of Nicaragua, which represent clear
attempts by the Ortega government to curtail the fundamental
freedoms and basic human rights of the people of Nicaragua;
(4) Congress recognizes that free, fair, and transparent
elections predicated on robust reform measures and the
presence of domestic and international observers represent
the best opportunity for the people of Nicaragua to restore
democracy and reach a peaceful solution to the political and
social crisis in Nicaragua;
(5) the United States recognizes the right of the people of
Nicaragua to freely determine their own political future as
vital to ensuring the sustainable restoration of democracy in
their country;
(6) the United States should align the use of diplomatic
engagement and all other foreign policy tools, including the
use of targeted sanctions, in support of efforts by
democratic political actors and civil society in Nicaragua to
advance the necessary conditions for free, fair, and
transparent elections in Nicaragua;
(7) the United States, in order to maximize the
effectiveness of efforts described in paragraph (6), should--
(A) coordinate with diplomatic partners, including the
Government of Canada, the European Union, and partners in
Latin America and the Caribbean;
(B) advance diplomatic initiatives in consultation with the
Organization of American States and the United Nations; and
(C) thoroughly investigate the assets and holdings of the
Nicaraguan Armed Forces in the United States and consider
appropriate actions to hold such forces accountable for gross
violations of human rights; and
(8) pursuant to section 6(b) of the Nicaragua Investment
Conditionality Act of 2018, the President should waive the
application of restrictions under section 4 of that Act and
the sanctions under section 5 of that Act if the Secretary of
State certifies that the Government of Nicaragua is taking
the steps identified in section 6(a) of that Act, including
taking steps to ``to hold free and fair elections overseen by
credible domestic and international observers''.
SEC. 3. REVIEW OF PARTICIPATION OF NICARAGUA IN DOMINICAN
REPUBLIC-CENTRAL AMERICA-UNITED STATES FREE
TRADE AGREEMENT.
(a) Findings.--Congress makes the following findings:
(1) On November 27, 2018, the President signed Executive
Order 13851 (50 U.S.C. 1701 note; relating to blocking
property of certain persons contributing to the situation in
Nicaragua), which stated that ``the situation in Nicaragua,
including the violent response by the Government of Nicaragua
to the protests that began on April 18, 2018, and the Ortega
regime's systematic dismantling and undermining of democratic
institutions and the rule of law, its use of indiscriminate
violence and repressive tactics against civilians, as well as
its corruption leading to the destabilization of Nicaragua's
economy, constitutes an unusual and extraordinary threat to
the national security and foreign policy of the United
States''.
(2) Article 21.2 of the Dominican Republic-Central America-
United States Free Trade Agreement approved by Congress under
section 101(a)(1) of the Dominican Republic-Central America-
United States Free Trade Agreement Implementation Act (19
U.S.C. 4011(a)(1)) states, ``Nothing in this Agreement shall
be construed . . . to preclude a Party from applying measures
that it considers necessary for the fulfillment of its
obligations with respect to the maintenance or restoration of
international peace or security, or the protection of its own
essential security interests.''.
(b) Sense of Congress.--It is the sense of Congress that
the President should review the continued participation of
Nicaragua in the Dominican Republic-Central America-United
States Free Trade Agreement if the Government of Nicaragua
continues to tighten its authoritarian rule in an attempt to
subvert democratic elections in November 2021 and undermine
democracy and human rights in Nicaragua.
SEC. 4. RESTRICTIONS ON INTERNATIONAL FINANCIAL INSTITUTIONS
RELATING TO NICARAGUA.
Section 4 of the Nicaragua Investment Conditionality Act of
2018 is amended--
(1) by redesignating subsections (a), (b), and (c) as
subsections (b), (c), and (d), respectively;
(2) by inserting before subsection (b), as redesignated by
paragraph (1), the following:
``(a) Sense of Congress.--It is the sense of Congress that
the Secretary of the Treasury should take all possible steps,
including through the full implementation of the exceptions
set forth in subsection (c), to ensure that the restrictions
required under subsection (b) do not negatively impact the
basic human needs of the people of Nicaragua.'';
(3) in subsection (c), as so redesignated, by striking
``subsection (a)'' and inserting ``subsection (b)''; and
(4) by striking subsection (d), as so redesignated, and
inserting the following:
``(d) Increased Oversight.--
``(1) In general.--The United States Executive Director at
each international financial institution of the World Bank
Group, the United States Executive Director at the Inter-
American Development Bank, and the United States Executive
Director at each other international financial institution,
including the International Monetary Fund, shall take all
practicable steps--
``(A) to increase scrutiny of any loan or financial or
technical assistance provided for a project in Nicaragua; and
``(B) to ensure that the loan or assistance is administered
through an entity with full technical, administrative, and
financial independence from the Government of Nicaragua.
``(2) Mechanisms for increased scrutiny.--The United States
Executive Director at each international financial
institution described in paragraph (1) shall use the voice,
vote, and influence of the United States to encourage that
institution to increase oversight mechanisms for new and
existing loans or financial or technical assistance provided
for a project in Nicaragua.
``(e) Interagency Consultation.--Before implementing the
restrictions described in subsection (b), or before
exercising an exception under subsection (c), the Secretary
of the Treasury shall consult with the Secretary of State and
with the Administrator of the United States Agency for
International Development to ensure that all loans and
financial or technical assistance to Nicaragua are consistent
with United States foreign policy objectives as defined in
section 3.
[[Page S5988]]
``(f) Report.--Not later than 180 days after the date of
the enactment of the RENACER Act, and annually thereafter
until the termination date specified in section 10, the
Secretary of the Treasury, in coordination with the Secretary
of State and the Administrator of the United States Agency
for International Development, shall submit to the
appropriate congressional committees a report on the
implementation of this section, which shall include--
``(1) summary of any loans and financial and technical
assistance provided by international financial institutions
for projects in Nicaragua;
``(2) a description of the implementation of the
restrictions described in subsection (b);
``(3) an identification of the occasions in which the
exceptions under subsection (c) are exercised and an
assessment of how the loan or assistance provided with each
such exception may address basic human needs or promote
democracy in Nicaragua;
``(4) a description of the results of the increased
oversight conducted under subsection (d); and
``(5) a description of international efforts to address the
humanitarian needs of the people of Nicaragua.''.
SEC. 5. TARGETED SANCTIONS TO ADVANCE DEMOCRATIC ELECTIONS.
(a) Coordinated Strategy.--
(1) In general.--The Secretary of State and the Secretary
of the Treasury, in consultation with the intelligence
community (as defined in section 3 of the National Security
Act of 1947 (50 U.S.C. 3003)), shall develop and implement a
coordinated strategy to align diplomatic engagement efforts
with the implementation of targeted sanctions in order to
support efforts to facilitate the necessary conditions for
free, fair, and transparent elections in Nicaragua.
(2) Briefing required.--Not later than 90 days after the
date of the enactment of this Act, and every 90 days
thereafter until December 31, 2022, the Secretary of State
and the Secretary of the Treasury shall brief the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives on steps to
be taken by the United States Government to develop and
implement the coordinated strategy required by paragraph (1).
(b) Targeted Sanctions Prioritization.--
(1) In general.--Pursuant to the coordinated strategy
required by subsection (a), the President shall prioritize
the implementation of the targeted sanctions required under
section 5 of the Nicaragua Investment Conditionality Act of
2018.
(2) Targets.--In carrying out paragraph (1), the
President--
(A) shall examine whether foreign persons involved in
directly or indirectly obstructing the establishment of
conditions necessary for the realization of free, fair, and
transparent elections in Nicaragua are subject to sanctions
under section 5 of the Nicaragua Investment Conditionality
Act of 2018; and
(B) should, in particular, examine whether the following
persons have engaged in conduct subject to such sanctions:
(i) Officials in the government of President Daniel Ortega.
(ii) Family members of President Daniel Ortega.
(iii) High-ranking members of the National Nicaraguan
Police.
(iv) High-ranking members of the Nicaraguan Armed Forces.
(v) Members of the Supreme Electoral Council of Nicaragua.
(vi) Officials of the Central Bank of Nicaragua.
(vii) Party members and elected officials from the
Sandinista National Liberation Front and their family
members.
(viii) Individuals or entities affiliated with businesses
engaged in corrupt financial transactions with officials in
the government of President Daniel Ortega, his party, or his
family.
(ix) Individuals identified in the report required by
section 8 as involved in significant acts of public
corruption in Nicaragua.
SEC. 6. DEVELOPING AND IMPLEMENTING A COORDINATED SANCTIONS
STRATEGY WITH DIPLOMATIC PARTNERS.
(a) Findings.--Congress makes the following findings:
(1) On June 21, 2019, the Government of Canada, pursuant to
its Special Economic Measures Act, designated 9 officials of
the Government of Nicaragua for the imposition of sanctions
in response to gross and systematic human rights violations
in Nicaragua.
(2) On May 4, 2020, the European Union imposed sanctions
with respect to 6 officials of the Government of Nicaragua
identified as responsible for serious human rights violations
and for the repression of civil society and democratic
opposition in Nicaragua.
(3) On October 12, 2020, the European Union extended its
authority to impose restrictive measures on ``persons and
entities responsible for serious human rights violations or
abuses or for the repression of civil society and democratic
opposition in Nicaragua, as well as persons and entities
whose actions, policies or activities otherwise undermine
democracy and the rule of law in Nicaragua, and persons
associated with them''.
(b) Sense of Congress.--It is the sense of Congress that
the United States should encourage the Government of Canada,
the European Union and governments of members countries of
the European Union, and governments of countries in Latin
America and the Caribbean to use targeted sanctions with
respect to persons involved in human rights violations and
the obstruction of free, fair, and transparent elections in
Nicaragua.
(c) Coordinating International Sanctions.--The Secretary of
State, working through the head of the Office of Sanctions
Coordination established by section 1(h) of the State
Department Basic Authorities Act of 1956 (22 U.S.C.
2651a(h)), and in consultation with the Secretary of the
Treasury, shall engage in diplomatic efforts with governments
of countries that are 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 described in section 5(b) in order to
advance democratic elections in Nicaragua.
(d) Briefing Requirement.--Not later than 90 days after the
date of the enactment of this Act, and every 90 days
thereafter until December 31, 2022, the Secretary of State,
in consultation with the Secretary of the Treasury, shall
brief the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives on the implementation of this section.
SEC. 7. INCLUSION OF NICARAGUA IN LIST OF COUNTRIES SUBJECT
TO CERTAIN SANCTIONS RELATING TO CORRUPTION.
Section 353 of title III of division FF of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) is amended--
(1) in the section heading, by striking ``and honduras''
and inserting ``, honduras, and nicaragua''; and
(2) by striking ``and Honduras'' each place it appears and
inserting ``, Honduras, and Nicaragua''.
SEC. 8. CLASSIFIED REPORT ON THE INVOLVEMENT OF ORTEGA FAMILY
MEMBERS AND NICARAGUAN GOVERNMENT OFFICIALS IN
CORRUPTION.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of State, acting
through the Bureau of Intelligence and Research of the
Department of State, and in coordination with the Director of
National Intelligence, shall submit a classified report to
the appropriate congressional committees on significant acts
of public corruption in Nicaragua that--
(1) involve--
(A) the President of Nicaragua, Daniel Ortega;
(B) members of the family of Daniel Ortega; and
(C) senior officials of the Ortega government, including--
(i) members of the Supreme Electoral Council, the
Nicaraguan Armed Forces, and the National Nicaraguan Police;
and
(ii) elected officials from the Sandinista National
Liberation Front party;
(2) pose challenges for United States national security and
regional stability;
(3) impede the realization of free, fair, and transparent
elections in Nicaragua; and
(4) violate the fundamental freedoms of civil society and
political opponents in Nicaragua.
(b) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 9. CLASSIFIED REPORT ON THE ACTIVITIES OF THE RUSSIAN
FEDERATION IN NICARAGUA.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of State, acting
through the Bureau of Intelligence and Research of the
Department of State, and in coordination with the Director of
National Intelligence, shall submit a classified report to
the appropriate congressional committees on activities of the
Government of the Russian Federation in Nicaragua,
including--
(1) cooperation between Russian and Nicaraguan military
personnel, intelligence services, security forces, and law
enforcement, and private Russian security contractors;
(2) cooperation related to telecommunications and satellite
navigation;
(3) other political and economic cooperation, including
with respect to banking, disinformation, and election
interference; and
(4) the threats and risks that such activities pose to
United States national interests and national security.
(b) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 10. IMPOSITION OF SANCTIONS UNDER SECTION 231 OF
COUNTERING AMERICA'S ADVERSARIES THROUGH
SANCTIONS ACT WITH RESPECT TO GOVERNMENT OF
NICARAGUA.
(a) Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, acting
through the Bureau of Intelligence and Research of the
Department of State, and in coordination with the Director of
National Intelligence and the Director of the Defense
Intelligence Agency, shall submit to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives a report that includes--
(A) a list of--
(i) all equipment, technology, or infrastructure with
respect to the military or intelligence sector of Nicaragua
purchased, on or after January 1, 2011, by the Government of
Nicaragua from an entity identified by the Department of
State under section 231(e) of the Countering
[[Page S5989]]
America's Adversaries Through Sanctions Act (22 U.S.C.
9525(e)); and
(ii) all agreements with respect to the military or
intelligence sector of Nicaragua entered into, on or after
January 1, 2011, by the Government of Nicaragua with an
entity described in clause (i); and
(B) a description of and date for each purchase and
agreement described in subparagraph (A).
(2) Consideration.--The report required by paragraph (1)
shall be prepared after consideration of the content of the
report of the Defense Intelligence Agency entitled, ``Russia:
Defense Cooperation with Cuba, Nicaragua, and Venezuela'' and
dated February 4, 2019.
(3) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form but may include a
classified annex.
(b) Review Required.--Not later than 30 days after
submitting the report required by subsection (a), the
Secretary of State, in coordination with the Director of
National Intelligence and the Director of the Defense
Intelligence Agency, shall--
(1) review whether any of the purchases or agreements
included in the list required by subsection (a)(1)(A) that
occurred after August 2, 2017, qualify as significant
transactions described in section 231(a) of the Countering
America's Adversaries Through Sanctions Act (22 U.S.C.
9525(a)); and
(2) 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 results of the review
conducted under paragraph (1).
(c) Imposition of Sanctions.--Pursuant to the review
conducted under subsection (b) and section 231 of the
Countering America's Adversaries Through Sanctions Act (22
U.S.C. 9525), the President shall impose 5 or more of the
sanctions described in section 235 of that Act (22 U.S.C.
9529) with respect to each significant transaction identified
pursuant to the review.
SEC. 11. REPORT ON HUMAN RIGHTS ABUSES IN NICARAGUA.
(a) Findings.--Congress finds that, since the June 2018
initiation of ``Operation Clean-up'', an effort of the
government of Daniel Ortega to dismantle barricades
constructed throughout Nicaragua during social demonstrations
in April 2018, the Ortega government has increased its abuse
of campesinos and members of indigenous communities,
including arbitrary detentions, torture, and sexual violence
as a form of intimidation.
(b) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
that documents the perpetration of gross human rights
violations by the Ortega government against the citizens of
Nicaragua, including campesinos and indigenous communities in
the interior of Nicaragua.
(c) Elements.--The report required by subsection (b)
shall--
(1) include a compilation of human rights violations
committed by the Ortega government against the citizens of
Nicaragua, with a focus on such violations committed since
April 2018, including human rights abuses and extrajudicial
killings in--
(A) the cities of Managua, Carazo, and Masaya between April
and June of 2018; and
(B) the municipalities of Wiwili, El Cua, San Jose de
Bocay, and Santa Maria de Pantasma in the Department of
Jinotega, Esquipulas in the Department of Rivas, and Bilwi in
the North Caribbean Coast Autonomous Region between 2018 and
2021;
(2) outline efforts by the Ortega government to intimidate
and disrupt the activities of civil society organizations
attempting to hold the government accountable for infringing
on the fundamental rights and freedoms of the people of
Nicaragua; and
(3) provide recommendations on how the United States, in
collaboration with international partners and Nicaraguan
civil society, should leverage bilateral and regional
relationships to curtail the gross human rights violations
perpetrated by the Ortega government and better support the
victims of human rights violations in Nicaragua.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
SEC. 12. SUPPORTING INDEPENDENT NEWS MEDIA AND FREEDOM OF
INFORMATION IN NICARAGUA.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of State, the
Administrator for the United States Agency for International
Development, and the Chief Executive Officer of the United
States Agency for Global Media, shall submit to Congress a
report that includes--
(1) an evaluation of the governmental, political, and
technological obstacles faced by the people of Nicaragua in
their efforts to obtain accurate, objective, and
comprehensive news and information about domestic and
international affairs; and
(2) a list of all TV channels, radio stations, online news
sites, and other media platforms operating in Nicaragua that
are directly or indirectly owned or controlled by President
Daniel Ortega, members of the Ortega family, or known allies
of the Ortega government.
(b) Elements.--The report required by subsection (a) shall
include--
(1) an assessment of the extent to which the current level
and type of news and related programming and content provided
by the Voice of America and other sources is addressing the
informational needs of the people of Nicaragua;
(2) a description of existing United States efforts to
strengthen freedom of the press and freedom of expression in
Nicaragua, including recommendations to expand upon those
efforts; and
(3) a strategy for strengthening independent broadcasting,
information distribution, and media platforms in Nicaragua.
SEC. 13. AMENDMENT TO SHORT TITLE OF PUBLIC LAW 115-335.
Section 1(a) of the Nicaragua Human Rights and
Anticorruption Act of 2018 (Public Law 115-335; 50 U.S.C.
1701 note) is amended to read as follows:
``(a) Short Title.--This Act may be cited as the `Nicaragua
Investment Conditionality Act of 2018' or the `NICA Act'.''.
SEC. 14. DEFINITION.
In this Act, the term ``Nicaragua Investment Conditionality
Act of 2018'' means the Public Law 115-335 (50 U.S.C. 1701
note), as amended by section 13.
Mr. SCHATZ. I ask unanimous consent that the committee-reported
amendment be agreed to.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment, in the nature of a substitute, was
agreed to.
Mr. SCHATZ. I ask unanimous consent that the bill, as amended, be
considered read a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. SCHATZ. I know of no further debate on this measure.
The PRESIDING OFFICER. If there is no further debate, the bill having
been read the third time, the question is, Shall the bill pass?
The bill (S. 1041), as amended, was passed.
Mr. SCHATZ. I ask that the motion to reconsider be considered made
and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________