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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1918 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  1st Session
                                H. R. 1918

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 4, 2017

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 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 free, fair, and transparent elections, 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.

    This Act may be cited as the ``Nicaraguan Investment Conditionality 
Act (NICA) of 2017''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The House Committee on Foreign Affairs convened a 
        congressional hearing on December 1, 2011, entitled ``Democracy 
        Held Hostage in Nicaragua: Part 1'' where former United States 
        Ambassador to Nicaragua Robert Callahan testified, ``First, 
        that Daniel Ortega's candidacy was illegal, illegitimate, and 
        unconstitutional; second, that the period leading to the 
        elections and the elections themselves were marred by serious 
        fraud; third, that Daniel Ortega and his Sandinista party have 
        systematically undermined the country's fragile governmental 
        institutions.''.
            (2) According to the Organization of American States (OAS) 
        report on the Nicaraguan 2011 Presidential elections, the OAS 
        recommended that the Government of Nicaragua take a number of 
        steps to improve its electoral systems, including accrediting 
        poll watchers to ensure political parties and civil society are 
        represented to observe elections, and redesigning the structure 
        of the Nicaraguan electoral council to allow proper 
        registration of the electorate.
            (3) On January 25, 2012, a press statement from Secretary 
        of State Hillary Clinton said: ``As noted by international 
        observers and Nicaraguan civil society groups, Nicaragua's 
        recent elections were not conducted in a transparent and 
        impartial manner, and the entire electoral process was marred 
        by significant irregularities. The elections marked a setback 
        to democracy in Nicaragua and undermined the ability of 
        Nicaraguans to hold their government accountable.''.
            (4) According to the Department of State's 2015 Fiscal 
        Transparency Report: ``Nicaragua's fiscal transparency would be 
        improved by including all off-budget revenue and expenditure in 
        the budget, auditing state-owned enterprises, and conducting a 
        full audit of the government's annual financial statements and 
        making audit reports publicly available within a reasonable 
        period of time.''.
            (5) According to the Department of State's Country Reports 
        on Human Rights Practices for 2015: ``In 2011 the Supreme 
        Electoral Council (CSE) announced the re-election of President 
        Daniel Ortega Saavedra of the Sandinista National Liberation 
        Front (FSLN) in elections that international and domestic 
        observers characterized as seriously flawed. International and 
        domestic organizations raised concerns regarding the 
        constitutional legitimacy of Ortega's re-election. The 2011 
        elections also provided the ruling party with a supermajority 
        in the National Assembly, allowing for changes in the 
        constitution, including extending the reach of executive branch 
        power and the elimination of restrictions on re-election for 
        executive branch officials and mayors. Observers noted serious 
        flaws during the 2012 municipal elections and March 2014 
        regional elections.''.
            (6) According to the Department of State's Country Reports 
        on Human Rights Practices for 2015 in Nicaragua: ``The 
        principal human rights abuses were restrictions on citizens' 
        right to vote; obstacles to freedom of speech and press, 
        including government intimidation and harassment of journalists 
        and independent media, as well as increased restriction of 
        access to public information, including national statistics 
        from public offices; and increased government harassment and 
        intimidation of nongovernmental organizations (NGOs) and civil 
        society organizations.''.
            (7) The same 2015 report stated: ``Additional significant 
        human rights abuses included considerably biased policies to 
        promote single-party dominance; arbitrary police arrest and 
        detention of suspects, including abuse during detention; harsh 
        and life-threatening prison conditions with arbitrary and 
        lengthy pretrial detention; discrimination against ethnic 
        minorities and indigenous persons and communities.''.
            (8) On June 7, 2016, the Department of State's Bureau of 
        Democracy, Human Rights and Labor posted on social media: 
        ``Disappointed government of Nicaragua said it will deny 
        electoral observers requested by Nicaraguan citizens, church, 
        and private sector * * * We continue to encourage the 
        government of Nicaragua to allow electoral observers as 
        requested by Nicaraguans.''.
            (9) On June 14, 2016, President Ortega expelled three 
        United States Government officials (two officials from U.S. 
        Customs and Border Protection and one professor from the 
        National Defense University) from Nicaragua.
            (10) On August 1, 2016, 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 ``[o]n June 8, the 
        Nicaraguan Supreme Court stripped the opposition Independent 
        Liberal Party (PLI) from its long recognized leader. The 
        Supreme Court took similar action on June 17 when it 
        invalidated the leadership of the Citizen Action Party, the 
        only remaining opposition party with the legal standing to 
        present a presidential candidate. Most recently, on July 29, 
        the Supreme Electoral Council removed 28 PLI national assembly 
        members (16 seated and 12 alternates) from their popularly-
        elected positions.''.
            (11) On November 7, 2016, the Department of State issued a 
        press release stating: ``The United States is deeply concerned 
        by the flawed presidential and legislative electoral process in 
        Nicaragua, which precluded the possibility of a free and fair 
        election on November 6. In advance of the elections, the 
        Nicaraguan government sidelined opposition candidates for 
        president, limited domestic observation at the polls and access 
        to voting credentials, and took other actions to deny 
        democratic space in the process. The decision by the Nicaraguan 
        government not to invite independent international electoral 
        observers further degraded the legitimacy of the election.''.
            (12) In November and December of 2016, the Board of 
        Executive Directors of the Inter-American Development Bank 
        postponed consideration of a policy based loan of $65 million 
        to the Government of Nicaragua due to the efforts of the United 
        States mission that expressed serious concerns of the absence 
        of transparency, systemic corruption, and the lack of free and 
        fair elections in Nicaragua.
            (13) According to the Department of State's Country Reports 
        on Human Rights Practices for 2016: ``[A]ctions by the ruling 
        Sandinista National Liberation Front (FSLN) party resulted in 
        de facto concentration of power in a single party, with an 
        authoritarian executive branch exercising significant control 
        over the legislative, judicial, and electoral functions.''.
            (14) According to the Department of State's Country Reports 
        on Human Rights Practices for 2016 in Nicaragua, ``The November 
        6 elections for president, vice president, national assembly 
        members, and representatives for the Central American 
        parliament did not meet the conditions of being free and fair * 
        * * The November 6 presidential and legislative elections were 
        marred by allegations of institutional fraud and the absence of 
        independent opposition political parties. National observers 
        and opposition leaders claimed rates of abstention from 60 to 
        70 percent.''.
            (15) According to the Department of State's Country Reports 
        on Human Rights Practices for 2016: ``Companies reported that 
        bribery of public officials, unlawful seizures, and arbitrary 
        assessments by customs and tax authorities were common * * * 
        The courts remained particularly susceptible to bribes, 
        manipulation, and other forms of corruption, especially by the 
        FSLN, giving the sense that the FSLN heavily influenced CSJ and 
        lower-level court actions.''.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States to support--
            (1) the rule of law and an independent judiciary and 
        electoral council in Nicaragua;
            (2) independent pro-democracy organizations in Nicaragua;
            (3) free, fair, and transparent elections under 
        international and domestic observers in Nicaragua; and
            (4) anti-corruption and transparency efforts in Nicaragua.

SEC. 4. INTERNATIONAL FINANCIAL INSTITUTIONS.

    (a) In General.--The President shall instruct the United States 
Executive Director at each international financial institution to use 
the voice, vote, and influence of the United States to oppose any loan 
for the benefit of the Government of Nicaragua, other than to address 
basic human needs or promote democracy, unless the Secretary of State 
certifies and reports to the appropriate congressional committees that 
the Government of Nicaragua is taking effective steps to--
            (1) hold free, fair, and transparent elections overseen by 
        credible domestic and international electoral observers;
            (2) promote democracy, as well as an independent judicial 
        system and electoral council;
            (3) strengthen the rule of law;
            (4) respect the right to freedom of association and 
        expression;
            (5) combat corruption, including investigating and 
        prosecuting government officials that are credibly alleged to 
        be corrupt; and
            (6) protect the right of political opposition parties, 
        journalists, trade unionists, human rights defenders, and other 
        civil society activists to operate without interference.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Treasury shall submit to 
the appropriate congressional committees a written report assessing--
            (1) the effectiveness of the international financial 
        institutions in enforcing applicable program safeguards in 
        Nicaragua; and
            (2) the effects of the matters described in section 2 on 
        long-term prospects for positive development outcomes in 
        Nicaragua.
    (c) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on Appropriations, and the Committee on Financial 
                Services of the House of Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on Appropriations, and the Committee on 
                Banking, Housing, and Urban Affairs of the Senate.
            (2) International financial institution.--The term 
        ``international financial institution'' means the International 
        Monetary Fund, International Bank for Reconstruction and 
        Development, European Bank for Reconstruction and Development, 
        International Development Association, International Finance 
        Corporation, Multilateral Investment Guarantee Agency, African 
        Development Bank, African Development Fund, Asian Development 
        Bank, Inter-American Development Bank, Bank for Economic 
        Cooperation and Development in the Middle East and North 
        Africa, and Inter-American Investment Corporation.
    (d) Termination.--This section shall terminate on the day after the 
earlier of--
            (1) the date on which the Secretary of State certifies and 
        reports to the appropriate congressional committees that the 
        requirements of subsection (a) are met; or
            (2) 5 years after the date of the enactment of this Act.
    (e) Waiver.--The President may waive this section if the President 
determines that such a waiver is in the national interest of the United 
States.

SEC. 5. ORGANIZATION OF AMERICAN STATES.

    The President shall direct the United States Permanent 
Representative to the OAS to use the voice, vote, and influence of the 
United States at the OAS to strongly advocate for an Electoral 
Observation Mission to be sent to Nicaragua in 2017 to observe the 
possibility of credible elections.

SEC. 6. 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 
programs, including human rights documentation.

SEC. 7. REPORT ON CORRUPTION IN NICARAGUA.

    (a) Report Requirement.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of State, in consultation with 
the intelligence community (as defined in section 3(4) of the National 
Security Act of 1947 (50 U.S.C. 3003(4)), shall submit to Congress a 
report on the involvement of senior Nicaraguan government officials, 
including members of the Supreme Electoral Council, the National 
Assembly, and the judicial system, in acts of public corruption or 
human rights violations in Nicaragua.
    (b) Form.--The report required in subsection (a) shall be submitted 
in unclassified form, but may contain a classified annex. The 
unclassified portion of the report shall be made available to the 
public.

            Passed the House of Representatives October 3, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```