,,ii #aagth ,,congress #ast ,session ,s4 #ajda ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #be1 #bjba,mr4 ,menendez 7for himself1 ,mr4 ,rubio1 ,mr4 ,kaine1 ,mr4 ,durbin1 ,mr4 ,cardin1 and ,mr4 ,murphy7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to advance the strategic alignment of ,united ,states diplomatic tools toward the realization of free1 fair1 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 ,nicaragua1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,reinforcing ,nicaragua's ,adherence to ,conditions for ,electoral ,reform ,act of #bjba or the ,,renacer ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings4,sec4 #c4 ,sense of ,congress4,sec4 #d4 ,restrictions on international financial institutions relating to ,nicaragua4,sec4 #e4 ,targeted sanctions to advance democratic elections4,sec4 #f4 ,developing and implementing a coordinated sanctions strategy with diplomatic partners4,sec4 #g4 ,inclusion of ,nicaragua in list of countries subject to certain sanctions relating to corruption4,sec4 #h4 ,classified report on the involvement of ,ortega family members and ,nicaraguan government officials in corruption4,sec4 #i4 ,classified report on the activities of the ,russian ,federation in ,nicaragua4,sec4 #aj4 ,report on human rights abuses in the interior of ,nicaragua4,sec4 #aa4 ,supporting independent news media and freedom of information in ,nicaragua4,sec4 #ab4 ,amendment to short title of ,public ,law #aae-cce4,sec4 #ac4 ,definition4 #b4 ,findings ,congress makes the following findings3 7#a7 ,adopted by the ,organization of ,american ,states 7in this ,act referred to as the ,,oas7 on ,october #ba1 #bjbj1 the ,resolution ,restoring ,democratic ,institutions and ,respect for ,human ,rights in ,nicaragua ,through ,free and ,fair ,elections 7in this section referred to as the ,,oas ,resolution7 reiterated hemispheric concern that the government of ,president ,daniel ,ortega in ,nicaragua has failed to release all political prisoners and implement agreed-upon measures to ensure freedom of expression4 7#b7 ,the ,,oas ,resolution called on the ,ortega government to accept the deployment of domestic and international electoral observation missions and outlined a need for timely1 inclusive negotiations to achieve meaningful electoral reforms1 including the modernization of the ,supreme ,electoral ,council1 the revitalization of a pluralistic political process1 and an independent audit of ,nicaraguan voter rolls4 7#c7 ,a ,november #ai1 #bjai1 report from the ,,oas ,high ,level ,commission on ,nicaragua noted the ,ortega government had engaged in significant efforts since ,april #bjah to curtail the fundamental rights of the citizens of ,nicaragua1 including repeated acts of police intimidation and at least #cbe murders1 which were predominately committed by government security forces4 7#d7 ,on ,april #ba1 #bjah1 ,nicaraguan journalist ngel ,gahona was killed while broadcasting live on social protests in the country4 ,since ,april #bjah1 the ,ortega government has increased its harassment of independent media1 which includes ,december #bjai police raids of the digital newspaper ,confidencial and the #ajj ,noticias news channel1 and a ,september #bjbj court-ordered seizure of assets belonging to independent broadcaster ,nicavision ,canal #ab4 7#e7 ,since #bjjg1 family members of ,president ,daniel ,ortega and their political allies have purchased over a dozen ,,tv channels1 radio stations1 and online news sites in ,nicaragua1 including ,canal #d1 #h1 and #ac1 ,radio ,nicaragua1 and ,el #ai ,digital1 to increase pro-government media coverage and silence media coverage critical of the government4 7#f7 ,sandinista ,national ,liberation ,front members of the ,national ,assembly of ,nicaragua1 with support from the ,ortega government1 recently approved legislation to obstruct citizen mobilization and codify the persecution of political opponents1 including-- 7,a7 the ,foreign ,agents ,regulation ,law on ,october #ae1 #bjbj1 which requires civil society1 nongovernmental organizations1 and citizens who receive funds originating from abroad to register as foreign agents1 and bars them from engaging in domestic political activity2 7,b7 the ,special ,cybercrimes ,law on ,october #bg1 #bjbj1 which established prison sentences for individuals who spread information online that the ,government of ,nicaragua deems to be false or construes to cause alarm1 terror1 or unease in the public2 7,c7 the ,self-,determination ,law on ,december #ba1 #bjbj1 which provides ,president ,ortega with the authority to unilaterally declare citizens terrorists or traitors to the homeland for opposing his rule and ban them from running for public office1 effectively preventing any individuals who supported the #bjah protests from being candidates2 and 7,d7 the reform to the ,consumer ,protection ,law on ,february #d1 #bjba1 which provides the ,government of ,nicaragua the authority to mandate ,nicaraguan commercial banks to overturn and ignore sanctions imposed by the ,united ,states with respect to persons on the list of specifically designated national and blocked persons maintained by the ,office of ,foreign ,assets ,control of the ,department of the ,treasury4 7#g7 ,according to preliminary reports of the ,government of ,nicaragua1 ,hurricanes ,eta and ,iota1 which made landfall in ,nicaragua on ,november #c and ,november #af1 #bjbj1 respectively1 affected more than #c1jjj1jjj individuals and resulted in an economic loss in excess of #gdb1jjj1jjj4 ,indigenous ,miskito and ,mayangna communities situated in the ,north ,caribbean ,coast ,autonomous ,region bore the brunt of the devastation1 with at least #bc indigenous territories and upwards of #adg1jjj indigenous inhabitants directly impacted by the weather phenomena4 #c4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 ongoing efforts by the government of ,president ,daniel ,ortega in ,nicaragua to suppress the voice and actions of civil society1 political opponents1 and independent news media violate the fundamental freedoms and basic human rights of the people of ,nicaragua2 7#b7 ,congress unequivocally condemns the passage of the ,foreign ,agents ,regulation ,law1 the ,special ,cybercrimes ,law1 and the ,self-,determination ,law by the ,national ,assembly of ,nicaragua1 which represent clear attempts by the ,ortega government to curtail the fundamental freedoms and basic human rights of the people of ,nicaragua2 7#c7 ,congress recognizes that free1 fair1 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 ,nicaragua2 7#d7 the ,united ,states should align the use of diplomatic engagement and all other foreign policy tools1 including the use of targeted sanctions1 in support of efforts by democratic political actors and civil society in ,nicaragua to advance the necessary conditions for free1 fair1 and transparent elections in ,nicaragua2 7#e7 the ,united ,states1 in order to maximize the effectiveness of efforts described in paragraph 7#d71 should-- 7,a7 coordinate with diplomatic partners1 including the ,government of ,canada1 the ,european ,union1 and partners in ,latin ,america and the ,caribbean2 and 7,b7 advance diplomatic initiatives in consultation with the ,,oas and the ,united ,nations2 and 7#f7 pursuant to section #f7;b7 of the ,nicaragua ,investment ,conditionality ,act of #bjah1 the ,president should waive the application of restrictions under section #d of that ,act and the sanctions under section #e of that ,act if the ,secretary of ,state certifies that the ,government of ,nicaragua is taking the steps identified in section #f7;a7 of that ,act1 including taking steps to to hold free and fair elections overseen by credible domestic and international observers4 #d4 ,restrictions on international financial institutions relating to ,nicaragua ,section #d of the ,nicaragua ,investment ,conditionality ,act of #bjah is amended-- 7#a7 by redesignating subsections 7a71 7b71 and 7c7 as subsections 7b71 7c71 and 7d71 respectively2 7#b7 by inserting before subsection 7b71 as redesignated by paragraph 7#a71 the following3 7a7 ,sense of congress ,it is the sense of ,congress that the ,secretary of the ,treasury should take all possible steps1 including through the full implementation of the exceptions set forth in subsection 7c71 to ensure that the restrictions required under subsection 7b7 do not negatively impact the basic human needs of the people of ,nicaragua4 2 7#c7 in subsection 7c71 as so redesignated1 by striking subsection 7a7 and inserting subsection 7b72 and 7#d7 by striking subsection 7d71 as so redesignated1 and inserting the following3 7d7 ,increased oversight 7#a7 ,in general ,the ,united ,states ,executive ,director at each international financial institution of the ,world ,bank ,group1 the ,united ,states ,executive ,director at the ,inter-,american ,development ,bank1 and the ,united ,states ,executive ,director at each other international financial institution1 including the ,international ,monetary ,fund1 shall take all practicable steps to increase scrutiny of any loan or financial or technical assistance provided for a project in ,nicaragua to ensure that the loan or assistance is being used for the intended purposes4 7#b7 ,mechanisms for increased scrutiny ,the ,united ,states ,executive ,director at each international financial institution described in paragraph 7#a7 shall use the voice1 vote1 and influence of the ,united ,states to encourage that institution to develop oversight mechanisms for new and existing loans or financial or technical assistance provided for a project in ,nicaragua to ensure that such loans and assistance are being used for the intended purposes4 7e7 ,interagency consultation ,before implementing the restrictions described in subsection 7b71 or before exercising an exception under subsection 7c71 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 #c4 7f7 ,report ,not later than #ahj days after the date of the enactment of the ,,renacer ,act1 and annually thereafter until the termination date specified in section #aj1 the ,secretary of the ,treasury1 in coordination with the ,secretary of ,state and the ,administrator of the ,united ,states ,agency for ,international ,development1 shall submit to the appropriate congressional committees a report on the implementation of this section1 which shall include-- 7#a7 summary of any loans and financial and technical assistance provided by international financial institutions for projects in ,nicaragua2 7#b7 a description of the implementation of the restrictions described in subsection 7b72 7#c7 an identification of the occasions in which the exceptions under subsection 7c7 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 ,nicaragua2 and 7#d7 a description of the results of the increased oversight conducted under subsection 7d74 4 #e4 ,targeted sanctions to advance democratic elections 7a7 ,coordinated strategy 7#a7 ,in general ,the ,secretary of ,state and the ,secretary of the ,treasury1 in consultation with the intelligence community 7as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc771 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 free1 fair1 and transparent elections in ,nicaragua4 7#b7 ,briefing required ,not later than #fj days after the date of the enactment of this ,act1 and every #fj days thereafter until ,december #ca1 #bjba1 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 7#a74 7b7 ,targeted sanctions prioritization 7#a7 ,in general ,pursuant to the coordinated strategy required by subsection 7a71 the ,president shall prioritize the implementation of the targeted sanctions required under section #e of the ,nicaragua ,investment ,conditionality ,act of #bjah with respect to foreign persons directly or indirectly obstructing the establishment of conditions necessary for the realization of free1 fair1 and transparent elections in ,nicaragua4 7#b7 ,targets ,in carrying out paragraph 7#a71 the ,president shall specifically target foreign persons involved in directly or indirectly obstructing the establishment of conditions described in that paragraph1 including-- 7,a7 officials in the government of ,president ,daniel ,ortega2 7,b7 family members of ,president ,daniel ,ortega2 7,c7 members of the ,national ,nicaraguan ,police2 7,d7 members of the ,nicaraguan ,armed ,forces2 7,e7 members of the ,supreme ,electoral ,council of ,nicaragua2 7,f7 party members and elected officials from the ,sandinista ,national ,liberation ,front and their family members2 7,g7 individuals or entities affiliated with businesses engaged in corrupt financial transactions with officials in the government of ,president ,daniel ,ortega1 his party1 or his family2 and 7,h7 individuals identified in the report required by section #h as involved in significant acts of public corruption in ,nicaragua4 #f4 ,developing and implementing a coordinated sanctions strategy with diplomatic partners 7a7 ,findings ,congress makes the following findings3 7#a7 ,on ,june #ba1 #bjai1 the ,government of ,canada1 pursuant to its ,special ,economic ,measures ,act1 designated #i officials of the ,government of ,nicaragua for the imposition of sanctions in response to gross and systematic human rights violations in ,nicaragua4 7#b7 ,on ,may #d1 #bjbj1 the ,european ,union imposed sanctions with respect to #f 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 ,nicaragua4 7#c7 ,on ,october #ab1 #bjbj1 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 ,nicaragua1 as well as persons and entities whose actions1 policies or activities otherwise undermine democracy and the rule of law in ,nicaragua1 and persons associated with them4 7b7 ,sense of ,congress ,it is the sense of ,congress that the ,united ,states should encourage the ,government of ,canada1 the ,european ,union and governments of members countries of the ,european ,union1 and governments of countries in ,latin ,america and the ,caribbean to use targeted sanctions with respect to persons involved in human rights violations and the obstruction of free1 fair1 and transparent elections in ,nicaragua4 7c7 ,coordinating international sanctions ,the ,secretary of ,state1 working through the head of the ,office of ,sanctions ,coordination established by section #a7;h7 of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bfea;a7h771 and in consultation with the ,secretary of the ,treasury1 shall engage in diplomatic efforts with governments of countries that are partners of the ,united ,states1 including the ,government of ,canada1 governments of countries in the ,european ,union1 and governments of countries in ,latin ,america and the ,caribbean1 to impose targeted sanctions with respect to the persons described in section #e7;b7 in order to advance democratic elections in ,nicaragua4 7d7 ,briefing requirement ,not later than #fj days after the date of the enactment of this ,act1 and every #fj days thereafter until ,december #ca1 #bjba1 the ,secretary of ,state1 in consultation with the ,secretary of the ,treasury1 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 section4 #g4 ,inclusion of ,nicaragua in list of countries subject to certain sanctions relating to corruption ,section #cec of title ,,iii of division ,,ff of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj7 is amended-- 7#a7 in the section heading1 by striking and ,honduras and inserting 1 ,honduras1 and ,nicaragua2 and 7#b7 by striking and ,honduras each place it appears and inserting 1 ,honduras1 and ,nicaragua4 #h4 ,classified report on the involvement of ,ortega family members and ,nicaraguan government officials in corruption 7a7 ,report required ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,state1 acting through the ,bureau of ,intelligence and ,research of the ,department of ,state1 and in coordination with the ,director of ,national ,intelligence1 shall submit a classified report to the appropriate congressional committees on significant acts of public corruption in ,nicaragua that-- 7#a7 involve-- 7,a7 the ,president of ,nicaragua1 ,daniel ,ortega2 7,b7 members of the family of ,daniel ,ortega2 and 7,c7 senior officials of the ,ortega government1 including-- 7i7 members of the ,supreme ,electoral ,council1 the ,nicaraguan ,armed ,forces1 and the ,national ,nicaraguan ,police2 and 7ii7 elected officials from the ,sandinista ,national ,liberation ,front party2 7#b7 pose challenges for ,united ,states national security and regional stability2 7#c7 impede the realization of free1 fair1 and transparent elections in ,nicaragua2 and 7#d7 infringe upon the fundamental freedoms of civil society and political opponents in ,nicaragua4 7b7 ,appropriate congressional committees ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations and the ,select ,committee on ,intelligence of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 #i4 ,classified report on the activities of the ,russian ,federation in ,nicaragua ,the ,secretary of ,state shall include in the classified report required by section #h a separate section on activities of the ,government of the ,russian ,federation in ,nicaragua1 including-- 7#a7 cooperation between ,russian and ,nicaraguan military personnel1 intelligence services1 security forces1 and private ,russian security contractors2 7#b7 cooperation related to telecommunications and satellite navigation2 7#c7 other political and economic cooperation2 and 7#d7 the threats and risks that such activities pose to ,united ,states national interests and national security4 #aj4 ,report on human rights abuses in the interior of ,nicaragua 7a7 ,findings ,congress finds that1 since the ,june #bjah initiation of ,operation ,clean-up1 an effort of the government of ,daniel ,ortega to dismantle barricades constructed throughout ,nicaragua during social demonstrations in ,april #bjah1 the ,ortega government has increased its abuse of campesinos and members of indigenous communities1 including arbitrary detentions1 torture1 and sexual violence as a form of intimidation4 7b7 ,report required ,not later than #ij days after the date of the enactment of this ,act1 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 campesinos and indigenous communities in the interior of ,nicaragua4 7c7 ,elements ,the report required by subsection 7b7 shall-- 7#a7 include a compilation of human rights violations committed by the ,ortega government against inhabitants of the interior of ,nicaragua1 with a focus on such violations committed since ,april #bjah1 including human rights abuses and extrajudicial killings in-- 7,a7 the cities of ,managua1 ,carazo1 and ,masaya between ,april and ,june of #bjah2 and 7,b7 the municipalities of ,wiwili1 ,el ,cu1 ,san ,jose de ,bocay1 and ,santa ,maria de ,pantasma in the ,department of ,jinotega1 ,esquipulas in the ,department of ,rivas1 and ,bilwi in the ,north ,caribbean ,coast ,autonomous ,region between #bjah and #bjba2 7#b7 outline efforts by the ,ortega government to intimidate and disrupt the activities of ,,cenidh and other civil society organizations attempting to hold the government accountable for infringing on the fundamental rights and freedoms of the people of ,nicaragua2 and 7#c7 provide recommendations on how the ,united ,states1 in collaboration with international partners and ,nicaraguan civil society1 should leverage its diplomatic capabilities1 including sanctions1 to curtail the gross human rights violations perpetrated by the ,ortega government and better support the victims of human rights violations in the interior of ,nicaragua4 7d7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 #aa4 ,supporting independent news media and freedom of information in ,nicaragua 7a7 ,report required ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state1 the ,administrator for the ,united ,states ,agency for ,international ,development1 and the ,chief ,executive ,officer of the ,united ,states ,agency for ,global ,media1 shall submit to ,congress a report that includes-- 7#a7 an evaluation of the governmental1 political1 and technological obstacles faced by the people of ,nicaragua in their efforts to obtain accurate1 objective1 and comprehensive news and information about domestic and international affairs2 7#b7 a list of all ,,tv channels1 radio stations1 online news sites1 and other media platforms operating in ,nicaragua that are directly or indirectly owned or beneficially controlled by ,president ,daniel ,ortega1 members of the ,ortega family1 or known allies of the ,ortega government2 and 7#c7 a list of any independent press organization or any person affiliated with the independent news media that has experienced intimidation1 harassment1 physical assault1 theft of property1 or fatal injury by agents of the ,government of ,nicaragua or pro-government supporters in direct relation to their journalistic activities since ,april #bjah4 7b7 ,elements ,the report required by subsection 7a7 shall include-- 7#a7 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 ,nicaragua2 7#b7 a description of existing ,united ,states efforts to strengthen freedom of the press and freedom of expression in ,nicaragua1 including recommendations to expand upon those efforts2 and 7#c7 a strategy for strengthening independent broadcasting1 information distribution1 and media platforms in ,nicaragua4 #ab4 ,amendment to short title of ,public ,law #aae-cce ,section #a7;a7 of the ,nicaragua ,human ,rights and ,anticorruption ,act of #bjah 7,public ,law #aae-cce2 #ej ,u4,s4,c4 #agja note7 is amended to read as follows3 7a7 ,short title ,this ,act may be cited as the ,nicaragua ,investment ,conditionality ,act of #bjah or the ,,nica ,act4 4 #ac4 ,definition ,in this ,act1 the term ,nicaragua ,investment ,conditionality ,act of #bjah means the ,public ,law #aae-cce 7#ej ,u4,s4,c4 #agja note71 as amended by section #ab4