#aaeth ,,congress #ast ,session ,h4 ,r4 #aiah ,,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 purposes4 #a4 ,short title ,this ,act may be cited as the ,nicaraguan ,investment ,conditionality ,act 7,,nica7 of #bjag4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the ,house ,committee on ,foreign ,affairs convened a congressional hearing on ,december #a1 #bjaa1 entitled ,democracy ,held ,hostage in ,nicaragua3 ,part #a where former ,united ,states ,ambassador to ,nicaragua ,robert ,callahan testified1 ,first1 that ,daniel ,ortega's candidacy was illegal1 illegitimate1 and unconstitutional2 second1 that the period leading to the elections and the elections themselves were marred by serious fraud2 third1 that ,daniel ,ortega and his ,sandinista party have systematically undermined the country's fragile governmental institutions44 7#b7 ,according to the ,organization of ,american ,states 7,,oas7 report on the ,nicaraguan #bjaa ,presidential elections1 the ,,oas recommended that the ,government of ,nicaragua take a number of steps to improve its electoral systems1 including accrediting poll watchers to ensure political parties and civil society are represented to observe elections1 and redesigning the structure of the ,nicaraguan electoral council to allow proper registration of the electorate4 7#c7 ,on ,january #be1 #bjab1 a press statement from ,secretary of ,state ,hillary ,clinton said3 ,as noted by international observers and ,nicaraguan civil society groups1 ,nicaragua's recent elections were not conducted in a transparent and impartial manner1 and the entire electoral process was marred by significant irregularities4 ,the elections marked a setback to democracy in ,nicaragua and undermined the ability of ,nicaraguans to hold their government accountable44 7#d7 ,according to the ,department of ,state's #bjae ,fiscal ,transparency ,report3 ,nicaragua's fiscal transparency would be improved by including all off-budget revenue and expenditure in the budget1 auditing state-owned enterprises1 and conducting a full audit of the government's annual financial statements and making audit reports publicly available within a reasonable period of time44 7#e7 ,according to the ,department of ,state's ,country ,reports on ,human ,rights ,practices for #bjae3 ,in #bjaa the ,supreme ,electoral ,council 7,,cse7 announced the re-election of ,president ,daniel ,ortega ,saavedra of the ,sandinista ,national ,liberation ,front 7,,fsln7 in elections that international and domestic observers characterized as seriously flawed4 ,international and domestic organizations raised concerns regarding the constitutional legitimacy of ,ortega's re-election4 ,the #bjaa elections also provided the ruling party with a supermajority in the ,national ,assembly1 allowing for changes in the constitution1 including extending the reach of executive branch power and the elimination of restrictions on re-election for executive branch officials and mayors4 ,observers noted serious flaws during the #bjab municipal elections and ,march #bjad regional elections44 7#f7 ,according to the ,department of ,state's ,country ,reports on ,human ,rights ,practices for #bjae in ,nicaragua3 ,the principal human rights abuses were restrictions on citizens' right to vote2 obstacles to freedom of speech and press1 including government intimidation and harassment of journalists and independent media1 as well as increased restriction of access to public information1 including national statistics from public offices2 and increased government harassment and intimidation of nongovernmental organizations 7,n,g,os7 and civil society organizations44 7#g7 ,the same #bjae report stated3 ,additional significant human rights abuses included considerably biased policies to promote single-party dominance2 arbitrary police arrest and detention of suspects1 including abuse during detention2 harsh and life-threatening prison conditions with arbitrary and lengthy pretrial detention2 discrimination against ethnic minorities and indigenous persons and communities44 7#h7 ,on ,june #g1 #bjaf1 the ,department of ,state's ,bureau of ,democracy1 ,human ,rights and ,labor posted on social media3 ,disappointed government of ,nicaragua said it will deny electoral observers requested by ,nicaraguan citizens1 church1 and private sector 99 99 99 ,we continue to encourage the government of ,nicaragua to allow electoral observers as requested by ,nicaraguans44 7#i7 ,on ,june #ad1 #bjaf1 ,president ,ortega expelled three ,united ,states ,government officials 7two officials from ,u4,s4 ,customs and ,border ,protection and one professor from the ,national ,defense ,university7 from ,nicaragua4 7#aj7 ,on ,august #a1 #bjaf1 the ,department of ,state issued a press release to express grave concern over the ,nicaraguan government limiting democratic space leading up to the elections in ,november and stated that on ,june #h1 the ,nicaraguan ,supreme ,court stripped the opposition ,independent ,liberal ,party 7,,pli7 from its long recognized leader4 ,the ,supreme ,court took similar action on ,june #ag when it invalidated the leadership of the ,citizen ,action ,party1 the only remaining opposition party with the legal standing to present a presidential candidate4 ,most recently1 on ,july #bi1 the ,supreme ,electoral ,council removed #bh ,,pli national assembly members 7#af seated and #ab alternates7 from their popularly-elected positions44 7#aa7 ,on ,november #g1 #bjaf1 the ,department of ,state issued a press release stating3 ,the ,united ,states is deeply concerned by the flawed presidential and legislative electoral process in ,nicaragua1 which precluded the possibility of a free and fair election on ,november #f4 ,in advance of the elections1 the ,nicaraguan government sidelined opposition candidates for president1 limited domestic observation at the polls and access to voting credentials1 and took other actions to deny democratic space in the process4 ,the decision by the ,nicaraguan government not to invite independent international electoral observers further degraded the legitimacy of the election44 7#ab7 ,in ,november and ,december of #bjaf1 the ,board of ,executive ,directors of the ,inter-,american ,development ,bank postponed consideration of a policy based loan of #fe million to the ,government of ,nicaragua due to the efforts of the ,united ,states mission that expressed serious concerns of the absence of transparency1 systemic corruption1 and the lack of free and fair elections in ,nicaragua4 7#ac7 ,according to the ,department of ,state's ,country ,reports on ,human ,rights ,practices for #bjaf3 ,actions by the ruling ,sandinista ,national ,liberation ,front 7,,fsln7 party resulted in de facto concentration of power in a single party1 with an authoritarian executive branch exercising significant control over the legislative1 judicial1 and electoral functions44 7#ad7 ,according to the ,department of ,state's ,country ,reports on ,human ,rights ,practices for #bjaf in ,nicaragua1 ,the ,november #f elections for president1 vice president1 national assembly members1 and representatives for the ,central ,american parliament did not meet the conditions of being free and fair 99 99 99 ,the ,november #f presidential and legislative elections were marred by allegations of institutional fraud and the absence of independent opposition political parties4 ,national observers and opposition leaders claimed rates of abstention from #fj to #gj percent44 7#ae7 ,according to the ,department of ,state's ,country ,reports on ,human ,rights ,practices for #bjaf3 ,companies reported that bribery of public officials1 unlawful seizures1 and arbitrary assessments by customs and tax authorities were common 99 99 99 ,the courts remained particularly susceptible to bribes1 manipulation1 and other forms of corruption1 especially by the ,,fsln1 giving the sense that the ,,fsln heavily influenced ,,csj and lower-level court actions44 #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 independent pro-democracy organizations in ,nicaragua2 7#c7 free1 fair1 and transparent elections under international and domestic observers in ,nicaragua2 and 7#d7 anti-corruption and transparency efforts in ,nicaragua4 #d4 ,international financial institutions 7a7 ,in general ,the ,president shall instruct the ,united ,states ,executive ,director at each international financial institution to use the voice1 vote1 and influence of the ,united ,states to oppose any loan for the benefit of the ,government of ,nicaragua1 other than to address basic human needs or promote democracy1 unless the ,secretary of ,state certifies and reports to the appropriate congressional committees that the ,government of ,nicaragua is taking effective steps to-- 7#a7 hold free1 fair1 and transparent elections overseen by credible domestic and international electoral observers2 7#b7 promote democracy1 as well as an independent judicial system and electoral council2 7#c7 strengthen the rule of law2 7#d7 respect the right to freedom of association and expression2 7#e7 combat corruption1 including investigating and prosecuting government officials that are credibly alleged to be corrupt2 and 7#f7 protect the right of political opposition parties1 journalists1 trade unionists1 human rights defenders1 and other civil society activists to operate without interference4 7b7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of the ,treasury shall submit to the appropriate congressional committees a written report assessing-- 7#a7 the effectiveness of the international financial institutions in enforcing applicable program safeguards in ,nicaragua2 and 7#b7 the effects of the matters described in section #b on long-term prospects for positive development outcomes in ,nicaragua4 7c7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs1 the ,committee on ,appropriations1 and the ,committee on ,financial ,services of the ,house of ,representatives2 and 7,b7 the ,committee on ,foreign ,relations1 the ,committee on ,appropriations1 and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 7#b7 ,international financial institution ,the term international financial institution means the ,international ,monetary ,fund1 ,international ,bank for ,reconstruction and ,development1 ,european ,bank for ,reconstruction and ,development1 ,international ,development ,association1 ,international ,finance ,corporation1 ,multilateral ,investment ,guarantee ,agency1 ,african ,development ,bank1 ,african ,development ,fund1 ,asian ,development ,bank1 ,inter-,american ,development ,bank1 ,bank for ,economic ,cooperation and ,development in the ,middle ,east and ,north ,africa1 and ,inter-,american ,investment ,corporation4 7d7 ,termination ,this section shall terminate on the day after the earlier of-- 7#a7 the date on which the ,secretary of ,state certifies and reports to the appropriate congressional committees that the requirements of subsection 7a7 are met2 or 7#b7 #e years after the date of the enactment of this ,act4 7e7 ,waiver ,the ,president may waive this section if the ,president determines that such a waiver is in the national interest of the ,united ,states4 #e4 ,organization of ,american ,states ,the ,president shall direct the ,united ,states ,permanent ,representative to the ,,oas to use the voice1 vote1 and influence of the ,united ,states at the ,,oas to strongly advocate for an ,electoral ,observation ,mission to be sent to ,nicaragua in #bjag to observe the possibility of credible elections4 #f4 ,sense of ,congress ,the ,department of ,state and the ,united ,states ,agency for ,international ,development should prioritize foreign assistance to the people of ,nicaragua to assist civil society in democracy and governance programs1 including human rights documentation4 #g4 ,report on corruption in ,nicaragua 7a7 ,report requirement ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state1 in consultation with the intelligence community 7as defined in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d771 shall submit to ,congress a report on the involvement of senior ,nicaraguan government officials1 including members of the ,supreme ,electoral ,council1 the ,national ,assembly1 and the judicial system1 in acts of public corruption or human rights violations in ,nicaragua4 7b7 ,form ,the report required in subsection 7a7 shall be submitted in unclassified form1 but may contain a classified annex4 ,the unclassified portion of the report shall be made available to the public4 ,passed the ,house of ,representatives ,october #c1 #bjag4;,clerk4