[117th Congress Public Law 54]
[From the U.S. Government Publishing Office]
[[Page 135 STAT. 413]]
Public Law 117-54
117th Congress
An Act
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. <<NOTE: Nov. 10, 2021 - [S. 1064]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Reinforcing
Nicaragua's Adherence to Conditions for Electoral Reform Act of 2021.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 50 USC 1701 note.>> 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) <<NOTE: Cristiana Chamorro. Arturo Cruz. Felix
Maradiaga. Juan Sebastian Chamorro.>> 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,
[[Page 135 STAT. 414]]
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''.
[[Page 135 STAT. 415]]
(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 <<NOTE: 50 USC 1701 note.>> 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
[[Page 135 STAT. 416]]
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) <<NOTE: Coordination.>> 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) <<NOTE: Summary.>> 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) <<NOTE: Assessment.>> 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. <<NOTE: 50 USC 1701 note.>> TARGETED SANCTIONS TO ADVANCE
DEMOCRATIC ELECTIONS.
(a) Coordinated Strategy.--
(1) <<NOTE: Consultation.>> 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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: President.>> 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.
[[Page 135 STAT. 417]]
(2) Targets.--In carrying out paragraph (1), the President--
(A) <<NOTE: Examination.>> 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. <<NOTE: Consultation.>> 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
[[Page 135 STAT. 418]]
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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: 22 USC 2277a.>>
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) <<NOTE: Coordination.>> 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.
[[Page 135 STAT. 419]]
(b) <<NOTE: Definition.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Definition.>> 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. <<NOTE: Contracts.>> 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) <<NOTE: Lists.>> 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
[[Page 135 STAT. 420]]
(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) <<NOTE: Classified information.>> 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) <<NOTE: Recommenda- tions.>> 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.
[[Page 135 STAT. 421]]
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) <<NOTE: Evaluation.>> 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) <<NOTE: Lists.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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'.''.
[[Page 135 STAT. 422]]
SEC. 14. <<NOTE: 50 USC 1701 note.>> 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.
Approved November 10, 2021.
LEGISLATIVE HISTORY--S. 1064:
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CONGRESSIONAL RECORD, Vol. 167 (2021):
Nov. 1, considered and passed Senate.
Nov. 3, considered and passed House.
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