[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1881 Reported in Senate (RS)]
<DOC>
Calendar No. 371
118th CONGRESS
2d Session
S. 1881
To reauthorize and amend the Nicaraguan Investment Conditionality Act
of 2018 and the Reinforcing Nicaragua's Adherence to Conditions for
Electoral Reform Act of 2021, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 8, 2023
Mr. Rubio (for himself, Mr. Kaine, and Mr. Cassidy) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
May 7, 2024
Reported by Mr. Cardin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To reauthorize and amend the Nicaraguan Investment Conditionality Act
of 2018 and the Reinforcing Nicaragua's Adherence to Conditions for
Electoral Reform Act of 2021, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Restoring
Sovereignty and Human Rights in Nicaragua Act of 2023''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents of this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>Sec. 3. Findings.
<DELETED>Sec. 4. Sense of Congress.
<DELETED>TITLE 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
<DELETED>Sec. 101. Extension of authorities of the Nicaraguan
Investment Conditionality Act of 2018.
<DELETED>Sec. 102. Enhancing sanctions on sectors of the Nicaraguan
economy that generate revenue for the
Ortega family.
<DELETED>Sec. 103. Imposition of sanctions with respect to the Ortega
administration's abuses against the
Catholic Church, political prisoners, and
support for the invasion of Ukraine.
<DELETED>Sec. 104. Coordinated diplomatic strategy to restrict
investment and loans that benefit the
Government of Nicaragua from the Central
American Bank for Economic Integration.
<DELETED>TITLE II--ADDITIONAL ECONOMIC MEASURES TO HOLD THE GOVERNMENT
OF NICARAGUA ACCOUNTABLE FOR HUMAN RIGHTS ABUSES
<DELETED>Sec. 201. Statement of policy.
<DELETED>Sec. 202. Review of participation of Nicaragua in the
Dominican Republic-Central America-United
States free trade agreement.
<DELETED>Sec. 203. Prohibition on new United States investment in
Nicaragua.
<DELETED>Sec. 204. Termination.
<DELETED>TITLE III--PROMOTING THE HUMAN RIGHTS OF NICARAGUANS
<DELETED>Sec. 301. Support for human rights and democracy programs.
<DELETED>Sec. 302. Support for Nicaraguan human rights at the United
Nations.
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Foreign Relations and
the Committee on Banking of the Senate; and</DELETED>
<DELETED> (B) the Committee on Foreign Affairs and
the Committee on Financial Services of the House of
Representatives.</DELETED>
<DELETED> (2) United states person.--The term ``United
States person'' means--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. FINDINGS.</DELETED>
<DELETED> Congress makes the following findings:</DELETED>
<DELETED> (1) The 2022 Annual Report of the United States
Commission on International Religious Freedom made the
following recommendations to the United States
Government:</DELETED>
<DELETED> (A) Maintain Nicaragua on the special
watch list of the Department of State under section
402(b)(1)(A)(iii) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)(iii)) for
engaging in or tolerating serious violations of
religious freedom.</DELETED>
<DELETED> (B) Impose targeted sanctions with respect
to agencies and officials of the Government of
Nicaragua responsible for violence and other punitive
actions against places of worship, religious leaders,
and organizations by freezing the assets of and barring
the entry of certain persons into the United States,
citing specific violations of religious
freedom.</DELETED>
<DELETED> (C) Collaborate with and encourage
multilateral organizations, such as the Organization of
American States--</DELETED>
<DELETED> (i) to monitor and investigate
violations of religious freedom that occur in
Nicaragua;</DELETED>
<DELETED> (ii) to work to identify
perpetrators of religious freedom violations in
Nicaragua; and</DELETED>
<DELETED> (iii) to seek the repeal of
problematic laws such as the foreign agents law
passed in Nicaragua in 2020.</DELETED>
<DELETED> (2) The Catholic Church in Nicaragua suffered--
</DELETED>
<DELETED> (A) 127 attacks in 2022;</DELETED>
<DELETED> (B) 54 attacks in 2021;</DELETED>
<DELETED> (C) 58 attacks in 2020;</DELETED>
<DELETED> (D) 76 attacks in 2019; and</DELETED>
<DELETED> (E) 81 attacks in 2018.</DELETED>
<DELETED> (3) In a 2022 report by the Economist Intelligence
Unit, Nicaragua was listed as an authoritarian regime and one
of the least democratic countries in the Western Hemisphere,
along with Cuba and Venezuela.</DELETED>
<DELETED> (4) According to the 2021 Country Reports on Human
Rights Practices published by the Department of State, members
of civil society and student leaders involved in the April 2018
protests in Nicaragua were subjected to torture and inhuman or
degrading treatment or punishment.</DELETED>
<DELETED> (5) According to human rights organizations, the
Ortega regime has 150 political prisoners, including prisoners
in solitary confinement.</DELETED>
<DELETED> (6) In 2022, the Ortega regime rejected a United
States envoy, declared the head of the European Union persona
non grata, and closed the Vatican embassy in Managua.</DELETED>
<DELETED> (7) On February 9, 2023, the authoritarian Ortega
regime--</DELETED>
<DELETED> (A) expelled 222 Nicaraguan nationals who
had been unjustly imprisoned for exercising their
fundamental rights; and</DELETED>
<DELETED> (B) stripped those nationals of Nicaraguan
citizenship.</DELETED>
<DELETED> (8) The invasion of Ukraine by President of the
Russian Federation Vladimir Putin poses a significant threat to
global peace and stability in the Western Hemisphere.</DELETED>
<DELETED> (9) The authoritarian regime of President Daniel
Ortega in Nicaragua is providing diplomatic support to the
Russian Federation and serving as an amplifier and repeater of
Russian propaganda on a global scale.</DELETED>
<DELETED> (10) The actions of the Government of Nicaragua
are impeding development of a global consensus to reject and
respond to crimes against humanity conducted by President
Putin.</DELETED>
<DELETED> (11) The Ortega regime has deepened the
relationship between the Government of Nicaragua and the
Government of the Russian Federation and is establishing
diplomatic relations with the Government of the People Republic
of China.</DELETED>
<DELETED>SEC. 4. SENSE OF CONGRESS.</DELETED>
<DELETED> It is the sense of Congress that--</DELETED>
<DELETED> (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 and the
Reinforcing Nicaragua's Adherence to Conditions for Electoral
Reform Act of 2021 in order to hold the authoritarian regime of
President Daniel Ortega accountable for crimes against the
Catholic Church, the clergy, and the people of
Nicaragua;</DELETED>
<DELETED> (2) the United States Government should continue--
</DELETED>
<DELETED> (A) to raise concerns about human rights
and democracy in Nicaragua, and call attention to
religious and opposition leaders and civil society,
media, and faith-based organizations silenced by the
Ortega regime; and</DELETED>
<DELETED> (B) to enforce Executive Order 13851 (50
U.S.C. 1701 note; relating to blocking property of
certain persons contributing to the situation in
Nicaragua), and expand existing sanctions to other
sectors of the economy of Nicaragua, such as the meat
sector; and</DELETED>
<DELETED> (3) the international community, including the
Holy See, the International Red Cross, and the United Nations
should coordinate efforts--</DELETED>
<DELETED> (A) to improve the conditions of all
political prisoners in Nicaragua;</DELETED>
<DELETED> (B) to document all gross violations of
internationally recognized human rights in Nicaragua;
and</DELETED>
<DELETED> (C) to call for the end of political
persecution against members of religious organizations,
including the Catholic Church.</DELETED>
<DELETED>TITLE 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</DELETED>
<DELETED>SEC. 101. EXTENSION OF AUTHORITIES OF THE NICARAGUAN
INVESTMENT CONDITIONALITY ACT OF 2018.</DELETED>
<DELETED> Section 10 of the Nicaraguan Investment Conditionality Act
of 2018 (Public Law 115-335; 50 U.S.C. 1701 note) is amended by
striking ``2023'' and inserting ``2028''.</DELETED>
<DELETED>SEC. 102. ENHANCING SANCTIONS ON SECTORS OF THE NICARAGUAN
ECONOMY THAT GENERATE REVENUE FOR THE ORTEGA
FAMILY.</DELETED>
<DELETED> Section 5(a) of the Nicaraguan Investment Conditionality
Act of 2018 (Public Law 115-335; 50 U.S.C. 1701 note) is amended--
</DELETED>
<DELETED> (1) in paragraph (3)(B), by striking
``or'';</DELETED>
<DELETED> (2) in paragraph (4), by striking the period at
the end and inserting ``; or''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(5) to operate or have operated in the gold,
cattle, or coffee sectors of the Nicaraguan economy or in any
other sector of the Nicaraguan economy identified by the
Secretary of the Treasury, in consultation with the Secretary
of State, for purposes of this paragraph.''.</DELETED>
<DELETED>SEC. 103. IMPOSITION OF SANCTIONS WITH RESPECT TO THE ORTEGA
ADMINISTRATION'S ABUSES AGAINST THE CATHOLIC CHURCH,
POLITICAL PRISONERS, AND SUPPORT FOR THE INVASION OF
UKRAINE.</DELETED>
<DELETED> (a) Expansion of Activities Triggering Targeted
Sanctions.--Section 5(b) of the Nicaraguan Investment Conditionality
Act of 2018 (Public Law 115-335; 50 U.S.C. 1701 note) is amended by
adding at the end the following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(6) The conviction and sentencing of a person
who is a member of an opposition party or independent civil
society organization under politically motivated
charges.</DELETED>
<DELETED> ``(7) Gross violations of the internationally
recognized human rights of prisoners.</DELETED>
<DELETED> ``(8) Acts of providing significant goods,
services, or technology to or expressing support for the
invasion of Ukraine by the Russian Federation that began on
February 24, 2022.''.</DELETED>
<DELETED> (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 (Public Law 117-54; 50
U.S.C. 1701 note) is amended--</DELETED>
<DELETED> (1) by redesignating clauses (viii) and (ix) as
clauses (ix) and (x), respectively; and</DELETED>
<DELETED> (2) by inserting after clause (vii) the following
new clause (viii):</DELETED>
<DELETED> ``(viii) Officials of the
Instituto de Prevision Social Militar (IPSM),
commonly known as the Military Institute of
Social Security of Nicaragua.''.</DELETED>
<DELETED>SEC. 104. COORDINATED DIPLOMATIC STRATEGY TO RESTRICT
INVESTMENT AND LOANS THAT BENEFIT THE GOVERNMENT OF
NICARAGUA FROM THE CENTRAL AMERICAN BANK FOR ECONOMIC
INTEGRATION.</DELETED>
<DELETED> Section 4 of the Nicaragua Investment Conditionality Act
of 2018 (Public Law 115-335; 50 U.S.C. 1701 note) is amended--
</DELETED>
<DELETED> (1) by redesignating subsection (f) as subsection
(g);</DELETED>
<DELETED> (2) by inserting after subsection (e) the
following new subsection (f):</DELETED>
<DELETED> ``(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'),
including the governments of Mexico, Taiwan, Argentina, Colombia,
Spain, and the Republic of Korea--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(2) to increase the scrutiny of any loan or
financial or technical assistance provided by CABEI to any
project in Nicaragua; and</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (3) in subsection (g), as so redesignated--
</DELETED>
<DELETED> (A) in paragraph (4), by striking ``;
and'' and inserting a semicolon;</DELETED>
<DELETED> (B) by redesignating paragraph (5) as
paragraph (6); and</DELETED>
<DELETED> (C) by inserting after paragraph (4) the
following new paragraph (5):</DELETED>
<DELETED> ``(5) a description of the results of the
diplomatic strategy mandated by subsection (f);
and''.</DELETED>
<DELETED>TITLE II--ADDITIONAL ECONOMIC MEASURES TO HOLD THE GOVERNMENT
OF NICARAGUA ACCOUNTABLE FOR HUMAN RIGHTS ABUSES</DELETED>
<DELETED>SEC. 201. STATEMENT OF POLICY.</DELETED>
<DELETED> It is the policy of the United States to seek a resolution
to the political crisis in Nicaragua that includes--</DELETED>
<DELETED> (1) a commitment by the Government of Nicaragua to
hold free and fair elections that meet democratic standards and
permit credible international electoral observation to replace
the Ortega administration;</DELETED>
<DELETED> (2) the cessation of the violence perpetrated
against civilians by the National Police of Nicaragua and by