[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1881 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st 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 and Mr. Kaine) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Restoring
Sovereignty and Human Rights in Nicaragua Act of 2023''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Sense of Congress.
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
Sec. 101. Extension of authorities of the Nicaraguan Investment
Conditionality Act of 2018.
Sec. 102. Enhancing sanctions on sectors of the Nicaraguan economy that
generate revenue for the Ortega family.
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.
Sec. 104. Coordinated diplomatic strategy to restrict investment and
loans that benefit the Government of
Nicaragua from the Central American Bank
for Economic Integration.
TITLE II--ADDITIONAL ECONOMIC MEASURES TO HOLD THE GOVERNMENT OF
NICARAGUA ACCOUNTABLE FOR HUMAN RIGHTS ABUSES
Sec. 201. Statement of policy.
Sec. 202. Review of participation of Nicaragua in the Dominican
Republic-Central America-United States free
trade agreement.
Sec. 203. Prohibition on new United States investment in Nicaragua.
Sec. 204. Termination.
TITLE III--PROMOTING THE HUMAN RIGHTS OF NICARAGUANS
Sec. 301. Support for human rights and democracy programs.
Sec. 302. Support for Nicaraguan human rights at the United Nations.
SEC. 2. DEFINITIONS.
In this Act:
(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) 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. 3. FINDINGS.
Congress makes the following findings:
(1) The 2022 Annual Report of the United States Commission
on International Religious Freedom made the following
recommendations to the United States Government:
(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.
(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.
(C) Collaborate with and encourage multilateral
organizations, such as the Organization of American
States--
(i) to monitor and investigate violations
of religious freedom that occur in Nicaragua;
(ii) to work to identify perpetrators of
religious freedom violations in Nicaragua; and
(iii) to seek the repeal of problematic
laws such as the foreign agents law passed in
Nicaragua in 2020.
(2) The Catholic Church in Nicaragua suffered--
(A) 127 attacks in 2022;
(B) 54 attacks in 2021;
(C) 58 attacks in 2020;
(D) 76 attacks in 2019; and
(E) 81 attacks in 2018.
(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.
(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.
(5) According to human rights organizations, the Ortega
regime has 150 political prisoners, including prisoners in
solitary confinement.
(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.
(7) On February 9, 2023, the authoritarian Ortega regime--
(A) expelled 222 Nicaraguan nationals who had been
unjustly imprisoned for exercising their fundamental
rights; and
(B) stripped those nationals of Nicaraguan
citizenship.
(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.
(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.
(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.
(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.
SEC. 4. 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 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;
(2) the United States Government should continue--
(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
(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
(3) the international community, including the Holy See,
the International Red Cross, and the United Nations should
coordinate efforts--
(A) to improve the conditions of all political
prisoners in Nicaragua;
(B) to document all gross violations of
internationally recognized human rights in Nicaragua;
and
(C) to call for the end of political persecution
against members of religious organizations, including
the Catholic Church.
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
SEC. 101. EXTENSION OF AUTHORITIES OF THE NICARAGUAN INVESTMENT
CONDITIONALITY ACT OF 2018.
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''.
SEC. 102. 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 (Public Law 115-335; 50 U.S.C. 1701 note) is amended--
(1) in paragraph (3)(B), by striking ``or'';
(2) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(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.''.
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.
(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:
``(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
member of an opposition party or independent civil society
organization under politically motivated charges.
``(7) Gross violations of the internationally recognized
human rights of prisoners.
``(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.''.
(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--
(1) by redesignating clauses (viii) and (ix) as clauses
(ix) and (x), respectively; and
(2) by inserting after clause (vii) the following new
clause (viii):
``(viii) Officials of the Instituto de
Prevision Social Militar (IPSM), commonly known
as the Military Institute of Social Security of
Nicaragua.''.
SEC. 104. 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) by redesignating subsection (f) as subsection (g);
(2) 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'),
including the governments of Mexico, Taiwan, Argentina, Colombia,
Spain, and the Republic of Korea--
``(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
(3) 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''.
TITLE II--ADDITIONAL ECONOMIC MEASURES TO HOLD THE GOVERNMENT OF
NICARAGUA ACCOUNTABLE FOR HUMAN RIGHTS ABUSES
SEC. 201. STATEMENT OF POLICY.
It is the policy of the United States to seek a resolution to the
political crisis in Nicaragua that includes--
(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;
(2) 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
(3) independent investigations into the killings of
protesters in Nicaragua.
SEC. 202. 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. 203. PROHIBITION ON NEW UNITED STATES INVESTMENT IN NICARAGUA.
(a) Prohibition.--After the date of the enactment of this Act, a
United States person, wherever located, may not make any investment in
any sector of the economy of Nicaragua.
(b) Implementation.--The President may exercise all authorities
provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
to carry out this section.
(c) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this section or any
regulation, license, or order issued to carry out this section shall be
subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
(d) Exceptions.--
(1) Exception for intelligence activities.--This section
shall not apply with respect to activities subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) Humanitarian exception.--The prohibition under
subsection (a) does not apply with respect to any person for
conducting or facilitating a transaction for the sale of
agricultural commodities, food, medicine, or medical devices to
Nicaragua, or for the provision of humanitarian assistance to
the people of Nicaragua.
(e) National Security Waiver.--The President may waive the
application of the prohibition under subsection (a) with respect to a
person if the President--
(1) determines that such a waiver is in the national
security interests of the United States; and
(2) submits to the appropriate congressional committees a
notification of the waiver and the reasons for the waiver.
SEC. 204. TERMINATION.
The provisions of this title 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 201 has been reached.
TITLE III--PROMOTING THE HUMAN RIGHTS OF NICARAGUANS
SEC. 301. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS.
(a) Grants.--
(1) In general.--The President 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) Administration of programs.--Any program that receives
a grant under paragraph (1) shall be administered in
consultation with members of the Nicaraguan opposition,
including individuals in exile in Costa Rica and the United
States.
(3) Funding limitation.--Any entity owned, controlled, or
otherwise affiliated 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.
SEC. 302. 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; and
(C) independent investigations into the killings of
protesters;
(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; 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 dialogue towards a peaceful and
democratic transfer of power in Nicaragua.
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