S.Amdt. 2441

SA 2441. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title XII, add the following:

Subtitle G--Restoring Sovereignty and Human Rights in Nicaragua Act of
2024

SEC. 1291. SHORT TITLE.

This subtitle may be cited as the ``Restoring Sovereignty
and Human Rights in Nicaragua Act of 2024''.

SEC. 1292. DEFINITIONS.

In this subtitle:
(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) Human rights.--The term ``human rights'' means
internationally recognized human rights.
(3) 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. 1293. 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 (50 U.S.C.
1701 note; Public Law 115-335) and the Reinforcing
Nicaragua's Adherence To Conditions For Electoral Reform Act
Of 2021 (Public Law 117-54), in order to hold the
authoritarian regime of President Daniel Ortega accountable
for crimes and human rights abuses perpetrated against the
people of Nicaragua and democratic political actors, civil
society organizations, religious institutions, media, and
academic institutions in Nicaragua;
(2) the United States Government should continue--
(A) to raise concerns about human rights and democracy in
Nicaragua and call attention to the efforts by the Ortega
regime to silence the people of Nicaragua and democratic
political actors, civil society organizations, religious
institutions, media, and academic institutions in Nicaragua;
and
(B) to enforce Executive Order 13851 (50 U.S.C. 1702 note;
relating to blocking of certain persons contributing to the
situation in Nicaragua); and
(3) the international community, including the Holy See,
the International Committee of the Red Cross, and the United
Nations should coordinate efforts--
(A) to improve the detention conditions of all political
prisoners in Nicaragua; and
(B) to call for the end of political persecution of the
people of Nicaragua and democratic political actors, civil
society organizations, religious institutions, media, and
academic institutions in Nicaragua.

[[Page S4764]]

PART 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. 1294. EXTENSION OF AUTHORITIES OF THE NICARAGUAN
INVESTMENT CONDITIONALITY ACT OF 2018.

Section 10 of the Nicaraguan Investment Conditionality Act
of 2018 (50 U.S.C. 1701 note; Public Law 115-335) is amended
by striking ``2023'' and inserting ``2030''.

SEC. 1295. 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 (50 U.S.C. 1701 note; Public Law 115-335) is
amended--
(1) in paragraph (2), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and moving
such clauses 2 ems to the right;
(2) in paragraph (3), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and moving
such clauses 2 ems to the right;
(3) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and moving such
subparagraphs 2 ems to the right;
(4) by amending the matter preceding subparagraph (A), as
so redesignated, to read as follows:
``(a) In General.--The President--
``(1) shall impose the sanctions described in subsection
(c) with respect to any foreign person, including any current
or former official of the Government of Nicaragua or any
person acting on behalf of that Government, that the
President determines--'';
(5) in paragraph (1)(D), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(6) by adding at the end the following new paragraph:
``(2) may impose the sanctions described in subsection (c)
with respect to any foreign person that the President
determines to operate or have operated in the gold sectors of
the Nicaraguan economy or in any other sector of the
Nicaraguan economy identified by the Secretary of State, in
consultation with the Secretary of the Treasury, for the
purposes of this paragraph.''.

SEC. 1296. EXPANSION OF TARGETED SANCTIONS WITH RESPECT TO
THE ORTEGA REGIME.

(a) Expansion of Activities Triggering Targeted
Sanctions.--Section 5(b) of the Nicaraguan Investment
Conditionality Act of 2018 (50 U.S.C. 1701 note; Public Law
115-335) is amended--
(1) in paragraph (1), by striking ``against persons
associated with the protests in Nicaragua that began on April
18, 2018''; and
(2) 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
democratic political actor or a member of an independent
civil society organization for politically motivated charges.
``(7) The provision of significant goods, services, or
technology to support 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 (50 U.S.C.
1701 note; Public Law 117-54) is amended by inserting after
clause (ix) the following:
``(x) Officials of the Instituto de Prevision Social
Militar (IPSM), commonly known as the Military Institute of
Social Security of Nicaragua.''.
(c) Reporting Requirement.--Not later than 90 days after
the enactment of this Act, and annually thereafter for a
period of 3 years, the Secretary of State, in consultation
with the Secretary of the Treasury, shall submit to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report on the implementation of section 5 of the
Reinforcing Nicaragua's Adherence to the Conditions for
Electoral Reform Act of 2021 (50 U.S.C. 1701 note; Public Law
117-54), which shall include--
(1) an update on the status of efforts to implement a
coordinated strategy on the use of targeted sanctions under
section 5(a)(1) of such Act;
(2) a detailed description of concrete steps that have been
taken under section 5(b)(1) of such Act to prioritize the
implementation of the targeted sanctions required under
section 5 of the Nicaragua Investment Conditionality Act of
2018 (50 U.S.C. 1701 note; Public Law 115-335); and
(3) a detailed description of the results of the review of
sanctionable targets required under section 5(b)(2) of the
Reinforcing Nicaragua's Adherence to the Conditions for
Electoral Reform Act of 2021 (50 U.S.C. 1701 note; Public Law
117-54).

SEC. 1297. 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) in subsection (c), by inserting ``and paragraphs (1),
(2), and (3) of subsection (f)'' after ``subsection (b)'';
(2) by redesignating subsection (f) as subsection (g);
(3) 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')--
``(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
(4) 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''.

PART II--ADDITIONAL ECONOMIC MEASURES TO HOLD THE GOVERNMENT OF
NICARAGUA ACCOUNTABLE FOR HUMAN RIGHTS ABUSES

SEC. 1298. STATEMENT OF POLICY.

It is the policy of the United States--
(1) to seek a resolution to the political crisis in
Nicaragua that includes--
(A) a commitment by the Government of Nicaragua to hold
competitive, free, and fair 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 in Nicaragua; and
(2) to support diplomatic engagement in order to advance a
negotiated and peaceful solution to the political crisis in
Nicaragua.

SEC. 1299. 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. 1300. TERMINATION.

The provisions of this title, and any sanctions issued in
accordance with the authorities of the Nicaragua Investment
Conditionality Act of 2018 (Public Law 115-335; 50 U.S.C.
1701 note) or the Reinforcing Nicaragua's Adherence to the
Conditions for Electoral Reform Act of 2021 (Public Law 117-
54), 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 1298 has been reached.

PART III--PROMOTING THE HUMAN RIGHTS OF NICARAGUANS

SEC. 1300A. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS.

(a) Grants.--
(1) In general.--The Secretary of State and Administrator
of the United States Agency for International Development 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) Funding limitation.--Any entity owned, controlled, or
otherwise affiliated

[[Page S4765]]

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.
(c) Sense of Congress.--It is the sense of Congress that
before providing any grant under subsection (a)(1), the
Secretary of State and the Administrator of the United States
Agency for International Development should consult with
members of the Nicaraguan diaspora, including Nicaraguan
individuals in exile in Costa Rica and the United States.

SEC. 1300B. 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;
(C) independent investigations into the killings of
protesters; and
(D) the restoration of Nicaraguan citizenship and
restitution of political and civil rights for all Nicaraguan
nationals unjustly stripped of their nationality, including
the 222 Nicaraguan nationals arbitrarily imprisoned and
expelled to the United States on February 9, 2023, and the 94
additional Nicaraguan dissidents stripped of their
nationality on February 15, 2023;
(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, including alleged crimes against
humanity; 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 negotiations that lead to free,
fair, and democratic elections in Nicaragua.
______