S. 5369 — Restoring Electoral Fairness and Opposition Rights through Mandates for Accountability Act of 2026

This section finds that the Government of Nicaragua under Daniel Ortega and Rosario Murillo has engaged in systematic corruption, undermined democratic institutions, committed widespread human rights abuses, and suppressed civil society and religious institutions. It states that the 2021 presidential election involved arrests and exile of opposition candidates, that Nicaragua was designated a country of particular concern for religious freedom in 2022, that 11 pastors were arrested in 2023, and that Daniel Ortega announced in 2026 that Nicaragua would no longer hold competitive elections.

This section states the policy of the United States to seek a resolution to the political crisis in Nicaragua that includes a commitment by the Government of Nicaragua to hold competitive, free, and fair elections meeting democratic standards with credible international observation, the cessation of violence against civilians by the National Police and government-supported armed groups, and independent investigations into protester killings, and to support diplomatic engagement toward a negotiated peaceful solution.

This section renews the Nicaragua Investment Conditionality Act of 2018, effective upon enactment of the Restoring Electoral Fairness and Opposition Rights through Mandates for Accountability Act of 2026. It terminates the Act and any sanctions imposed under it on the earlier of December 31, 2035, or 90 days after the President certifies to Congress that Nicaragua has committed to competitive elections with international observation, ended government-backed violence against civilians, and launched independent investigations into protester killings.

This section expands sanctions authority under the Nicaragua Investment Conditionality Act of 2018 to cover any person who operates or has operated in the gold sector of Nicaragua’s economy or in any other sector of Nicaragua’s economy identified by the Secretary of State, in consultation with the Secretary of the Treasury.

This section expands the list of activities subject to sanctions under the Nicaragua Investment Conditionality Act of 2018 to include the arrest or prosecution of persons, including Catholic or Protestant Church members, for exercising religious freedom; the conviction and sentencing of democratic political actors or independent civil society members on politically motivated charges; and the provision of significant goods, services, or technology supporting the Government of Russia on or after February 24, 2022, or the Government of Iran on or after February 11, 1979.

This section adds officials of the Instituto de Prevision Social Militar (IPSM), commonly known as the Military Institute of Social Security of Nicaragua, to the list of priority sanctions targets under the Reinforcing Nicaragua’s Adherence to Conditions for Electoral Reform Act of 2021.

This section requires the Secretary of State, in consultation with the Secretary of the Treasury, to submit a report to the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs within 90 days of enactment and annually for three years on implementation of targeted sanctions under section 5 of the Reinforcing Nicaragua’s Adherence to the Conditions for Electoral Reform Act of 2021. The report must include updates on coordinated sanctions strategies, steps taken to prioritize sanctions under the Nicaragua Investment Conditionality Act of 2018, and results of reviews of sanctionable targets.

This section directs the Secretary of State, in consultation with other relevant Federal agencies, to assess the conditions necessary for a democratic transition in Nicaragua, including impartial elections administration, judicial independence, police reform, strengthened government institutions, humanitarian assistance, and inclusion of dissidents and opposition leaders. It requires submission of an unclassified report on the assessment, with a possible classified annex, to the Senate Foreign Relations Committee and House Foreign Affairs Committee within 90 days.