[Congressional Record Volume 167, Number 191 (Monday, November 1, 2021)]
[Senate]
[Pages S7569-S7571]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4132. Mr. SCHUMER (for Mr. Menendez) proposed an amendment to the 
bill S. 1064, 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; as follows:

        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 
     ``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. Report on certain purchases by and agreements entered into by 
              Government of Nicaragua relating to military or 
              intelligence sector 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

[[Page S7570]]

     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.
       ``(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

[[Page S7571]]

     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. REPORT ON CERTAIN PURCHASES BY AND AGREEMENTS 
                   ENTERED INTO BY GOVERNMENT OF NICARAGUA 
                   RELATING TO MILITARY OR INTELLIGENCE SECTOR OF 
                   NICARAGUA.

       (a) 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--
       (1) a list of--
       (A) 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 America's 
     Adversaries Through Sanctions Act (22 U.S.C. 9525(e)); and
       (B) 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 subparagraph (A); and
       (2) a description of and date for each purchase and 
     agreement described in paragraph (1).
       (b) Consideration.--The report required by subsection (a) 
     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.
       (c) Form of Report.--The report required by subsection (a) 
     shall be submitted in unclassified form but may include a 
     classified annex.

     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.

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