“(a) Certification.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2018], and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report certifying whether the Government of Nicaragua is taking effective steps—“(1) to strengthen the rule of law and democratic governance, including the independence of the judicial system and electoral council;
“(2) to combat corruption, including by investigating and prosecuting cases of public corruption;
“(3) to protect civil and political rights, including the rights of freedom of the press, speech, and association, for all people of Nicaragua, including political opposition parties, journalists, trade unionists, human rights defenders, indigenous peoples, and other civil society activists;
“(4) to investigate and hold accountable officials of the Government of Nicaragua and other persons responsible for the killings of individuals associated with the protests in Nicaragua that began on April 18, 2018; and
“(5) to hold free and fair elections overseen by credible domestic and international observers[.]
“(b) Waiver.—“(1) Temporary general waiver.—If the Secretary certifies to the appropriate congressional committees under subsection (a) that the Government of Nicaragua is taking effective steps as described in that subsection, the President may waive the application of the restrictions under section 4 and sanctions under section 5 for a period of not more than one year beginning on the date of the certification.
“(2) National interest waiver.—The President may waive the application of the restrictions under section 4 and sanctions under section 5 if the President—“(A) determines that such a waiver is in the national interest of the United States; and
“(B) submits to the appropriate congressional committees a notice of and justification for the waiver.
“(3) Sense of congress.—It is the sense of Congress that the President should exercise the waiver authority provided under paragraph (1) if the Secretary of State certifies under subsection (a) that the Government of Nicaragua is taking effective steps as described in that subsection.
“(c) Consultation.—In preparing a certification required by subsection (a), the Secretary shall consult with the appropriate congressional committees.
“(d) Annual Briefing.—The Secretary shall annually brief the appropriate congressional committees on whether the Government of Nicaragua is taking effective steps as described in subsection (a).
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