,in the ,senate of the ,united ,states1 ,november #bg1 #bjah4 ,amendment3 ,that the bill from the ,house of ,representatives 7,h4,r4 #aiah7 entitled ,an ,act to oppose loans at international financial institutions for the ,government of ,nicaragua unless the ,government of ,nicaragua is taking effective steps to hold free1 fair1 and transparent elections1 and for other purposes41 do pass with the following ,strike all after the enacting clause and insert the following3 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,nicaragua ,human ,rights and ,anticorruption ,act of #bjah4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,sense of ,congress on advancing a negotiated solution to ,nicaragua's crisis4,sec4 #c4 ,statement of policy4,sec4 #d4 ,restrictions on international financial institutions relating to ,nicaragua4,sec4 #e4 ,imposition of targeted sanctions with respect to ,nicaragua4,sec4 #f4 ,annual certification and waiver4,sec4 #g4 ,report on human rights violations and corruption in ,nicaragua4,sec4 #h4 ,civil society engagement strategy4,sec4 #i4 ,reform of ,western ,hemisphere ,drug ,policy ,commission4,sec4 #aj4 ,termination4,sec4 #aa4 ,definitions4 #b4 ,sense of ,congress on advancing a negotiated solution to ,nicaragua's crisis ,it is the sense of ,congress that-- 7#a7 credible negotiations between the ,government of ,nicaragua and representatives of ,nicaragua's civil society1 student movement1 private sector1 and political opposition1 mediated by the ,catholic ,church in ,nicaragua1 represent the best opportunity to reach a peaceful solution to the current political crisis that includes-- 7,a7 a commitment to hold early elections that meet democratic standards and permit credible international electoral observation2 7,b7 the cessation of the violence perpetrated against civilians by the ,national ,police of ,nicaragua and by armed groups supported by the ,government of ,nicaragua2 and 7,c7 independent investigations into the killings of protesters2 and 7#b7 negotiations between the ,government of ,nicaragua and representatives of ,nicaragua's civil society1 student movement1 private sector1 and political opposition1 mediated by the ,catholic ,church in ,nicaragua1 have not resulted in an agreement as of the date of the enactment of this ,act because the ,government of ,nicaragua has failed to credibly participate in the process4 #c4 ,statement of policy ,it is the policy of the ,united ,states to support-- 7#a7 the rule of law and an independent judiciary and electoral council in ,nicaragua2 7#b7 democratic governance in ,nicaragua2 7#c7 free and fair elections overseen by credible domestic and international observers in ,nicaragua2 and 7#d7 anti-corruption and transparency efforts in ,nicaragua4 #d4 ,restrictions on international financial institutions relating to ,nicaragua 7a7 ,restrictions ,the ,secretary of the ,treasury shall-- 7#a7 instruct the ,united ,states ,executive ,director at each international financial institution of the ,world ,bank ,group to use the voice1 vote1 and influence of the ,united ,states to oppose the extension by the ,international ,finance ,corporation of any loan or financial or technical assistance to the ,government of ,nicaragua for a project in ,nicaragua2 7#b7 instruct the ,united ,states ,executive ,director of the ,inter-,american ,development ,bank to use the voice1 vote1 and influence of the ,united ,states to oppose the extension by the ,bank of any loan or financial or technical assistance to the ,government of ,nicaragua for a project in ,nicaragua2 and 7#c7 instruct the ,united ,states ,executive ,director of each other international financial institution1 including the ,international ,monetary ,fund1 to work with other key donor countries to develop a coherent policy approach to future engagements with and lending to the ,government of ,nicaragua1 in a manner that will advance human rights1 including the full restoration of the rights guaranteed to the people of ,nicaragua through the commitments made by the ,government of ,nicaragua as a signatory of the ,international ,covenant on ,civil and ,political ,rights4 7b7 ,exceptions for basic human needs and democracy promotion ,the restrictions under paragraphs 7#a7 and 7#b7 of subsection 7a7 shall not apply with respect to any loan or financial or technical assistance provided to address basic human needs or to promote democracy in ,nicaragua4 7c7 ,briefing by the secretary of the treasury ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of the ,treasury shall brief the appropriate congressional committees on the effectiveness of international financial institutions in enforcing applicable program safeguards in ,nicaragua4 #e4 ,imposition of targeted sanctions with respect to ,nicaragua 7a7 ,in general ,the ,president shall impose the sanctions described in subsection 7c7 with respect to any foreign person1 including any current or former official of the ,government of ,nicaragua or any person acting on behalf of that ,government1 that the ,president determines-- 7#a7 to be responsible for or complicit in1 or responsible for ordering1 controlling1 or otherwise directing1 or to have knowingly participated in1 directly or indirectly1 any activity described in subsection 7b72 7#b7 to be a leader of-- 7,a7 an entity that has1 or whose members have1 engaged in any activity described in subsection 7b72 or 7,b7 an entity whose property and interests in property are blocked under subsection 7c77#a77;,a7 as a result of activities related to the tenure of the leader2 7#c7 to have knowingly materially assisted1 sponsored1 or provided financial1 material1 or technological support for1 or goods or services in support of-- 7,a7 an activity described in subsection 7b72 or 7,b7 a person whose property and interests in property are blocked under subsection 7c77#a77;,a72 or 7#d7 to be owned or controlled by1 or to have knowingly acted or purported to act for or on behalf of1 directly or indirectly1 any person whose property and interests in property are blocked under subsection 7c77#a77;,a74 7b7 ,activities described ,an activity described in this subsection is any of the following in or in relation to ,nicaragua on or after ,april #ah1 #bjah3 7#a7 ,significant acts of violence or conduct that constitutes a serious abuse or violation of human rights against persons associated with the protests in ,nicaragua that began on ,april #ah1 #bjah4 7#b7 ,significant actions or policies that undermine democratic processes or institutions4 7#c7 ,acts of significant corruption by or on behalf of the ,government of ,nicaragua or a current or former official of the ,government of ,nicaragua1 including-- 7,a7 the expropriation of private or public assets for personal gain or political purposes2 7,b7 corruption related to government contracts2 7,c7 bribery2 or 7,d7 the facilitation or transfer of the proceeds of corruption4 7#d7 ,the arrest or prosecution of a person1 including an individual or media outlet disseminating information to the public1 primarily because of the legitimate exercise by such person of the freedom of speech1 assembly1 or the press4 7c7 ,sanctions described 7#a7 ,in general ,the sanctions described in this subsection are the following3 7,a7 ,asset blocking ,the exercise of all powers granted to the ,president by the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the ,president to be subject to subsection 7a7 if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7,b7 ,exclusion from the ,united ,states and revocation of visa or other documentation ,in the case of an alien determined by the ,president to be subject to subsection 7a71 denial of a visa to1 and exclusion from the ,united ,states of1 the alien1 and revocation in accordance with section #bba7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;i771 of any visa or other documentation of the alien4 7#b7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of a measure imposed pursuant to paragraph 7#a77;,a7 or any regulation1 license1 or order issued to carry out paragraph 7#a77;,a7 shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7#c7 ,exception relating to importation of goods ,the requirement to block and prohibit all transactions in all property and interests in property under paragraph 7#a77;,a7 shall not include the authority to impose sanctions on the importation of goods4 7#d7 ,exception to comply with ,united ,nations ,headquarters ,agreement ,sanctions under paragraph 7#a77;,b7 shall not apply to an alien if admitting the alien into the ,united ,states is necessary to permit the ,united ,states to comply with the ,agreement regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations4 7d7 ,implementation2 regulatory authority 7#a7 ,implementation ,the ,president may exercise all authorities provided under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out this section4 7#b7 ,regulatory authority ,the ,president shall issue such regulations1 licenses1 and orders as are necessary to carry out this section4 #f4 ,annual certification and waiver 7a7 ,certification ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state shall submit to the appropriate congressional committees a report certifying whether the ,government of ,nicaragua is taking effective steps-- 7#a7 to strengthen the rule of law and democratic governance1 including the independence of the judicial system and electoral council2 7#b7 to combat corruption1 including by investigating and prosecuting cases of public corruption2 7#c7 to protect civil and political rights1 including the rights of freedom of the press1 speech1 and association1 for all people of ,nicaragua1 including political opposition parties1 journalists1 trade unionists1 human rights defenders1 indigenous peoples1 and other civil society activists2 7#d7 to investigate and hold accountable officials of the ,government of ,nicaragua and other persons responsible for the killings of individuals associated with the protests in ,nicaragua that began on ,april #ah1 #bjah2 and 7#e7 to hold free and fair elections overseen by credible domestic and international observers 7b7 ,waiver 7#a7 ,temporary general waiver ,if the ,secretary certifies to the appropriate congressional committees under subsection 7a7 that the ,government of ,nicaragua is taking effective steps as described in that subsection1 the ,president may waive the application of the restrictions under section #d and sanctions under section #e for a period of not more than one year beginning on the date of the certification4 7#b7 ,national interest waiver ,the ,president may waive the application of the restrictions under section #d and sanctions under section #e if the ,president-- 7,a7 determines that such a waiver is in the national interest of the ,united ,states2 and 7,b7 submits to the appropriate congressional committees a notice of and justification for the waiver4 7#c7 ,sense of congress ,it is the sense of ,congress that the ,president should exercise the waiver authority provided under paragraph 7#a7 if the ,secretary of ,state certifies under subsection 7a7 that the ,government of ,nicaragua is taking effective steps as described in that subsection4 7c7 ,consultation ,in preparing a certification required by subsection 7a71 the ,secretary shall consult with the appropriate congressional committees4 7d7 ,annual briefing ,the ,secretary shall annually brief the appropriate congressional committees on whether the ,government of ,nicaragua is taking effective steps as described in subsection 7a74 #g4 ,report on human rights violations and corruption in ,nicaragua 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state1 acting through the ,assistant ,secretary of ,state for ,intelligence and ,research1 and in coordination with the ,secretary of the ,treasury and the ,director of ,national ,intelligence1 shall submit to the appropriate congressional committees a report on-- 7#a7 the involvement of senior officials of the ,government of ,nicaragua1 including members of the ,supreme ,electoral ,council1 the ,national ,assembly1 and the judicial system1 in human rights violations1 acts of significant corruption1 and money laundering2 and 7#b7 persons that transfer1 or facilitate the transfer of1 goods or technologies for use in or with respect to ,nicaragua1 that are used by the ,government of ,nicaragua to commit serious human rights violations against the people of ,nicaragua4 7b7 ,form ,the report required by subsection 7a7 may be classified4 #h4 ,civil society engagement strategy ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state shall brief the appropriate congressional committees on a strategy-- 7#a7 for engaging relevant elements of civil society in ,nicaragua1 including independent media1 human rights1 and anti-corruption organizations1 to strengthen rule of law and increase accountability for human rights abuses and corruption in ,nicaragua2 and 7#b7 setting forth measures to support the protection of human rights and anti-corruption advocates in ,nicaragua4 #i4 ,reform of ,western ,hemisphere ,drug ,policy ,commission ,section #fjc7;f77#a7 of the ,department of ,state ,authorities ,act1 ,fiscal ,year #bjag 7,public ,law #aad-cbc2 #acj ,stat4 #aich7 is amended by striking ,not later than #fj days after the date of the enactment of this ,act1 the ,commission shall hold an initial meeting to develop and implement and inserting ,at the initial meeting of the ,commission1 the ,commission shall develop and implement4 #aj4 ,termination ,the provisions of this ,act 7other than section #i7 shall terminate on ,december #ca1 #bjbc4 #aa4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs1 the ,committee on ,financial ,services1 and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,good ,the term good means any article1 natural or manmade substance1 material1 supply or manufactured product1 including inspection and test equipment1 and excluding technical data4 7#c7 ,person ,the term person means an individual or entity4 7#d7 ,united ,states person ,the term ,united ,states person means any ,united ,states citizen1 permanent resident alien1 entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states 7including a foreign branch of such an entity71 or any person in the ,united ,states4 ,secretary