[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4763-S4765]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2441. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

Subtitle G--Restoring Sovereignty and Human Rights in Nicaragua Act of 
                                  2024

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Restoring Sovereignty 
     and Human Rights in Nicaragua Act of 2024''.

     SEC. 1292. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Banking of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives.
       (2) Human rights.--The term ``human rights'' means 
     internationally recognized human rights.
       (3) United states person.--The term ``United States 
     person'' means--
       (A) an individual who is a citizen or national of the 
     United States or an alien lawfully admitted for permanent 
     residence in the United States; and
       (B) any corporation, partnership, or other entity organized 
     under the laws of the United States or the laws of any 
     jurisdiction within the United States.

     SEC. 1293. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the Secretary of State, working through the head of the 
     Office of Sanctions Coordination, and in consultation with 
     the Secretary of the Treasury, should engage in diplomatic 
     efforts with 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 subject to sanctions authorized by the 
     Nicaraguan Investment Conditionality Act of 2018 (50 U.S.C. 
     1701 note; Public Law 115-335) and the Reinforcing 
     Nicaragua's Adherence To Conditions For Electoral Reform Act 
     Of 2021 (Public Law 117-54), in order to hold the 
     authoritarian regime of President Daniel Ortega accountable 
     for crimes and human rights abuses perpetrated against the 
     people of Nicaragua and democratic political actors, civil 
     society organizations, religious institutions, media, and 
     academic institutions in Nicaragua;
       (2) the United States Government should continue--
       (A) to raise concerns about human rights and democracy in 
     Nicaragua and call attention to the efforts by the Ortega 
     regime to silence the people of Nicaragua and democratic 
     political actors, civil society organizations, religious 
     institutions, media, and academic institutions in Nicaragua; 
     and
       (B) to enforce Executive Order 13851 (50 U.S.C. 1702 note; 
     relating to blocking of certain persons contributing to the 
     situation in Nicaragua); and
       (3) the international community, including the Holy See, 
     the International Committee of the Red Cross, and the United 
     Nations should coordinate efforts--
       (A) to improve the detention conditions of all political 
     prisoners in Nicaragua; and
       (B) to call for the end of political persecution of the 
     people of Nicaragua and democratic political actors, civil 
     society organizations, religious institutions, media, and 
     academic institutions in Nicaragua.

[[Page S4764]]

  


  PART I--REAUTHORIZATION AND AMENDMENT OF THE NICARAGUAN INVESTMENT 
CONDITIONALITY ACT OF 2018 AND THE REINFORCING NICARAGUA'S ADHERENCE TO 
              CONDITIONS FOR ELECTORAL REFORM ACT OF 2021

     SEC. 1294. EXTENSION OF AUTHORITIES OF THE NICARAGUAN 
                   INVESTMENT CONDITIONALITY ACT OF 2018.

       Section 10 of the Nicaraguan Investment Conditionality Act 
     of 2018 (50 U.S.C. 1701 note; Public Law 115-335) is amended 
     by striking ``2023'' and inserting ``2030''.

     SEC. 1295. ENHANCING SANCTIONS ON SECTORS OF THE NICARAGUAN 
                   ECONOMY THAT GENERATE REVENUE FOR THE ORTEGA 
                   FAMILY.

       Section 5(a) of the Nicaraguan Investment Conditionality 
     Act of 2018 (50 U.S.C. 1701 note; Public Law 115-335) is 
     amended--
       (1) in paragraph (2), by redesignating subparagraphs (A) 
     and (B) as clauses (i) and (ii), respectively, and moving 
     such clauses 2 ems to the right;
       (2) in paragraph (3), by redesignating subparagraphs (A) 
     and (B) as clauses (i) and (ii), respectively, and moving 
     such clauses 2 ems to the right;
       (3) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D), respectively, and moving such 
     subparagraphs 2 ems to the right;
       (4) by amending the matter preceding subparagraph (A), as 
     so redesignated, to read as follows:
       ``(a) In General.--The President--
       ``(1) 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--'';
       (5) in paragraph (1)(D), as so redesignated, by striking 
     the period at the end and inserting ``; and''; and
       (6) by adding at the end the following new paragraph:
       ``(2) may impose the sanctions described in subsection (c) 
     with respect to any foreign person that the President 
     determines to operate or have operated in the gold sectors of 
     the Nicaraguan economy or in any other sector of the 
     Nicaraguan economy identified by the Secretary of State, in 
     consultation with the Secretary of the Treasury, for the 
     purposes of this paragraph.''.

     SEC. 1296. EXPANSION OF TARGETED SANCTIONS WITH RESPECT TO 
                   THE ORTEGA REGIME.

       (a) Expansion of Activities Triggering Targeted 
     Sanctions.--Section 5(b) of the Nicaraguan Investment 
     Conditionality Act of 2018 (50 U.S.C. 1701 note; Public Law 
     115-335) is amended--
       (1) in paragraph (1), by striking ``against persons 
     associated with the protests in Nicaragua that began on April 
     18, 2018''; and
       (2) by adding at the end the following:
       ``(5) The arrest or prosecution of a person, including a 
     person who is a member of or an officer of the Catholic 
     Church, because of the legitimate exercise by such person of 
     the freedom of religion.
       ``(6) The conviction and sentencing of a person who is a 
     democratic political actor or a member of an independent 
     civil society organization for politically motivated charges.
       ``(7) The provision of significant goods, services, or 
     technology to support the invasion of Ukraine by the Russian 
     Federation that began on February 24, 2022.''.
       (b) Modification of Targeted Sanctions Prioritization.--
     Section 5(b)(2)(B) of the Reinforcing Nicaragua's Adherence 
     to Conditions for Electoral Reform Act of 2021 (50 U.S.C. 
     1701 note; Public Law 117-54) is amended by inserting after 
     clause (ix) the following:
       ``(x) Officials of the Instituto de Prevision Social 
     Militar (IPSM), commonly known as the Military Institute of 
     Social Security of Nicaragua.''.
       (c) Reporting Requirement.--Not later than 90 days after 
     the enactment of this Act, and annually thereafter for a 
     period of 3 years, the Secretary of State, in consultation 
     with the Secretary of the Treasury, shall submit to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a report on the implementation of section 5 of the 
     Reinforcing Nicaragua's Adherence to the Conditions for 
     Electoral Reform Act of 2021 (50 U.S.C. 1701 note; Public Law 
     117-54), which shall include--
       (1) an update on the status of efforts to implement a 
     coordinated strategy on the use of targeted sanctions under 
     section 5(a)(1) of such Act;
       (2) a detailed description of concrete steps that have been 
     taken under section 5(b)(1) of such Act to prioritize the 
     implementation of the targeted sanctions required under 
     section 5 of the Nicaragua Investment Conditionality Act of 
     2018 (50 U.S.C. 1701 note; Public Law 115-335); and
       (3) a detailed description of the results of the review of 
     sanctionable targets required under section 5(b)(2) of the 
     Reinforcing Nicaragua's Adherence to the Conditions for 
     Electoral Reform Act of 2021 (50 U.S.C. 1701 note; Public Law 
     117-54).

     SEC. 1297. COORDINATED DIPLOMATIC STRATEGY TO RESTRICT 
                   INVESTMENT AND LOANS THAT BENEFIT THE 
                   GOVERNMENT OF NICARAGUA FROM THE CENTRAL 
                   AMERICAN BANK FOR ECONOMIC INTEGRATION.

       Section 4 of the Nicaragua Investment Conditionality Act of 
     2018 (Public Law 115-335; 50 U.S.C. 1701 note) is amended--
       (1) in subsection (c), by inserting ``and paragraphs (1), 
     (2), and (3) of subsection (f)'' after ``subsection (b)'';
       (2) by redesignating subsection (f) as subsection (g);
       (3) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Diplomatic Strategy to Restrict Investment in 
     Nicaragua at the Central American Bank for Economic 
     Integration.--The Secretary of State, in consultation with 
     the Secretary of the Treasury, shall engage in diplomatic 
     efforts with governments of countries that are partners of 
     the United States and members of the Central American Bank 
     for Economic Integration (referred to in this section as 
     `CABEI')--
       ``(1) to oppose the extension by CABEI of any loan or 
     financial or technical assistance to the Government of 
     Nicaragua for any project in Nicaragua;
       ``(2) to increase the scrutiny of any loan or financial or 
     technical assistance provided by CABEI to any project in 
     Nicaragua; and
       ``(3) to ensure that any loan or financial or technical 
     assistance provided by CABEI to a project in Nicaragua is 
     administered through an entity with full technical, 
     administrative, and financial independence from the 
     Government of Nicaragua.''; and
       (4) in subsection (g), as so redesignated--
       (A) in paragraph (4), by striking ``; and'' and inserting a 
     semicolon;
       (B) by redesignating paragraph (5) as paragraph (6); and
       (C) by inserting after paragraph (4) the following new 
     paragraph (5):
       ``(5) a description of the results of the diplomatic 
     strategy mandated by subsection (f); and''.

    PART II--ADDITIONAL ECONOMIC MEASURES TO HOLD THE GOVERNMENT OF 
             NICARAGUA ACCOUNTABLE FOR HUMAN RIGHTS ABUSES

     SEC. 1298. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to seek a resolution to the political crisis in 
     Nicaragua that includes--
       (A) a commitment by the Government of Nicaragua to hold 
     competitive, free, and fair elections that meet democratic 
     standards and permit credible international 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 in Nicaragua; and
       (2) to support diplomatic engagement in order to advance a 
     negotiated and peaceful solution to the political crisis in 
     Nicaragua.

     SEC. 1299. REVIEW OF PARTICIPATION OF NICARAGUA IN THE 
                   DOMINICAN REPUBLIC-CENTRAL AMERICA-UNITED 
                   STATES FREE TRADE AGREEMENT.

       (a) Report Required.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of State, in consultation with the United States 
     Trade Representative, shall submit to the appropriate 
     congressional committees a report on the participation of 
     Nicaragua in CAFTA-DR, which includes--
       (A) an assessment of the benefits that the Ortega regime 
     receives from the participation of Nicaragua in CAFTA-DR, 
     including profits earned by Nicaraguan state-owned entities;
       (B) a description of the violations of commitments made by 
     Nicaragua under CAFTA-DR; and
       (C) an assessment of whether Nicaragua qualifies as a 
     nonmarket economy for the purposes of the Trade Act of 1974 
     (19 U.S.C. 2101 et seq.).
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (b) CAFTA-DR Defined.--In this section, the term ``CAFTA-
     DR'' means the Dominican Republic-Central America-United 
     States Free Trade Agreement--
       (1) entered into on August 5, 2004, with the Governments of 
     Costa Rica, the Dominican Republic, El Salvador, Guatemala, 
     Honduras, and Nicaragua, and submitted to Congress on June 
     23, 2005; and
       (2) approved by Congress under section 101(a)(1) of the 
     Dominican Republic-Central American-United States Free Trade 
     Agreement Implementation Act (19 U.S.C. 4011(a)(1)).

     SEC. 1300. TERMINATION.

       The provisions of this title, and any sanctions issued in 
     accordance with the authorities of the Nicaragua Investment 
     Conditionality Act of 2018 (Public Law 115-335; 50 U.S.C. 
     1701 note) or the Reinforcing Nicaragua's Adherence to the 
     Conditions for Electoral Reform Act of 2021 (Public Law 117-
     54), shall cease to have effect upon certification by the 
     President to the appropriate congressional committees that a 
     resolution to the political crisis in Nicaragua as described 
     in section 1298 has been reached.

          PART III--PROMOTING THE HUMAN RIGHTS OF NICARAGUANS

     SEC. 1300A. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS.

       (a) Grants.--
       (1) In general.--The Secretary of State and Administrator 
     of the United States Agency for International Development may 
     provide grants to private, nonprofit organizations to support 
     programs that promote human rights, democracy, and the rule 
     of law in Nicaragua, including programs that document human 
     rights abuses committed by the Ortega regime since April 
     2018.
       (2) Funding limitation.--Any entity owned, controlled, or 
     otherwise affiliated

[[Page S4765]]

     with the Ortega regime is not eligible to receive a grant 
     under this section.
       (b) Report.--Not later than 1 year after the date of the 
     enactment of this Act, and annually thereafter through fiscal 
     year 2028, the Secretary of State, in consultation with the 
     heads of other appropriate Federal agencies, shall submit to 
     the appropriate congressional committees a report on actions 
     taken pursuant to this section.
       (c) Sense of Congress.--It is the sense of Congress that 
     before providing any grant under subsection (a)(1), the 
     Secretary of State and the Administrator of the United States 
     Agency for International Development should consult with 
     members of the Nicaraguan diaspora, including Nicaraguan 
     individuals in exile in Costa Rica and the United States.

     SEC. 1300B. SUPPORT FOR NICARAGUAN HUMAN RIGHTS AT THE UNITED 
                   NATIONS.

       (a) Support to Extend Mandate of the Group of Human Rights 
     Experts on Nicaragua.--The President shall direct the United 
     States Permanent Representative to the United Nations to use 
     the voice, vote, and influence of the United States in the 
     United Nations Human Rights Council and the United Nations 
     General Assembly--
       (1) to seek to extend the mandate of the Group of Human 
     Rights Experts on Nicaragua under Human Rights Council 
     Resolution 49/3 (2022) until a peaceful solution to the 
     current political crisis in Nicaragua is reached, including--
       (A) a commitment to hold 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;
       (C) independent investigations into the killings of 
     protesters; and
       (D) the restoration of Nicaraguan citizenship and 
     restitution of political and civil rights for all Nicaraguan 
     nationals unjustly stripped of their nationality, including 
     the 222 Nicaraguan nationals arbitrarily imprisoned and 
     expelled to the United States on February 9, 2023, and the 94 
     additional Nicaraguan dissidents stripped of their 
     nationality on February 15, 2023;
       (2) to encourage international support to empower the Group 
     of Human Rights Experts on Nicaragua to fulfil its mission to 
     conduct thorough and independent investigations into all 
     alleged human rights violations and abuses committed in 
     Nicaragua since April 2018, including alleged crimes against 
     humanity; and
       (3) to provide investigative and technical assistance to 
     the Group of Human Rights Experts on Nicaragua as requested 
     and as permitted under United Nations rules and regulations 
     and United States law.
       (b) Support for Further Action.--The President may direct 
     the United States Permanent Representative to the United 
     Nations to use the voice, vote, and influence of the United 
     States to urge the United Nations to provide greater action 
     with respect to human rights violations in Nicaragua by--
       (1) urging the United Nations General Assembly to consider 
     a resolution, consistent with prior United Nations 
     resolutions, condemning the exile of political prisoners and 
     attacks on religious freedom by the Ortega regime; and
       (2) assisting efforts by the relevant United Nations 
     Special Envoys and Special Rapporteurs to promote respect for 
     human rights and encourage negotiations that lead to free, 
     fair, and democratic elections in Nicaragua.
                                 ______