Title 22 — Foreign Relations and Intercourse
Part VI · Chapter 32 — Foreign Assistance
§ 2277a. Targeted sanctions to fight corruption in El Salvador, Guatemala,,11 So in original. Honduras, and Nicaragua
Statutory text
Sense of Congress
It is the sense of Congress that—
corruption in El Salvador, Guatemala,,1 Honduras, and Nicaragua by private citizens and select officials in local, regional, and Federal governments significantly damages the economies of such countries and deprives citizens of opportunities;
corruption in El Salvador, Guatemala,,1 Honduras, and Nicaragua is facilitated and carried out not only by private citizens and select officials from those countries but also in many instances by individuals from third countries; and
imposing targeted sanctions on individuals from throughout the world and particularly in the Western Hemisphere who are engaged in acts of significant corruption that impact El Salvador, Guatemala,,1 Honduras, and Nicaragua or obstruction of investigations into such acts of corruption will benefit the citizens and governments of such countries.
Report required
Not later than 180 days after , and not less frequently than annually thereafter, the President shall submit to the appropriate congressional committees an unclassified report with classified annex if necessary that identifies each foreign person who the President determines to have knowingly engaged in actions that undermine democratic processes or institutions, or in significant corruption or obstruction of investigations into such acts of corruption in El Salvador, Guatemala,,1 Honduras, and Nicaragua, including the following:
Corruption related to government contracts.
Bribery and extortion.
The facilitation or transfer of the proceeds of corruption, including through money laundering.
Acts of violence, harassment, or intimidation directed at governmental and nongovernmental corruption investigators.
Imposition of sanctions
The President shall impose the sanctions described in subsection (d) with respect to each foreign person identified in the report required under subsection (b).
Sanctions described
In general
The sanctions described in this subsection are the following:
Ineligibility for visas and admission to the United States
In the case of a foreign person who is an individual, such foreign person is—
inadmissible to the United States;
ineligible to receive a visa or other documentation to enter the United States; and
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
Current visas revoked
In general
The issuing consular officer or the Secretary of State, (or a designee of the Secretary of State) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to a foreign person regardless of when the visa or other entry documentation is issued.
Effect of revocation
A revocation under clause (i) shall—
take effect immediately; and
automatically cancel any other valid visa or entry documentation that is in the foreign person’s possession.
Exception to comply with international obligations
Sanctions under subparagraph (B) and (C) 2 of paragraph (1) shall not apply with respect to a foreign person if admitting or paroling such person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success , and entered into force , between the United Nations and the United States, or other applicable international obligations.
National security waiver
The President may waive the application of the sanctions under subsection (c) 3 if the President—
determines that such a waiver is in the national security interest of the United States; and
submits to the appropriate congressional committees within 15 days after such determination a notice of and justification for the waiver.
Termination
The authority to impose sanctions under subsection (b),4 and any sanctions imposed pursuant to such authority, shall expire on the date that is 3 years after .
Public availability
The unclassified portion of the report required by subsection (b) shall be made available to the public, including through publication in the Federal Register. In any case in which the President concludes that such publication would be harmful to the national security of the United States, only a statement that a determination or finding has been made by the President, including the name and section of the Act under which it was made, shall be published.
Definitions
In this section, the term “appropriate congressional committees” means—
the Committee on Foreign Relations and the Committee on the Judiciary of the Senate;
the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives.
Footnotes
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Water Resources Development Act of 2020
Pub. L. 116–260 div. FF title III § 353 · 134 Stat. 1182
Enacted · 22 U.S.C. § 2277a
Pub. L. 116–260, div. FF, title III, § 353, Dec. 27, 2020, 134 Stat. 3129
Source evidence
Code source credit
Pub. L. 116–260, div. FF, title III, § 353, Dec. 27, 2020, 134 Stat. 3129Enacted provision · exact public law section
SEC. 353. PROJECT MODIFICATION AUTHORIZATIONS. (a) Water Supply.— The following project modifications for water supply, as identified in the report entitled “Report to Congress on Future Water Resources Development” dated February 2019, and submitted to Congress on June 3, 2019, pursuant to section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by Congress, are authorized to be carried out by the Secretary substantially in accordance with the recommendations included in such report pursuant to section 301(c) of the Water Supply Act of 1958 (43 U.S.C. 390b(c)) and as follows: (1) Clarence cannon dam and mark twain lake project, salt river, missouri.— (A) In general.— The project for Clarence Cannon Dam and Mark Twain Lake Project, Salt River, Missouri, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1189; 79 Stat. 1089; 95 Stat. 1684), is modified to release 5,600 acre-feet of future use water supply storage to the Federal Government under water supply contract No. DACW43–88–C–0036, and future financial obligations for such volume of storage. (B) Relief of certain obligations.— Upon execution of the amendment required by subparagraph (C), the State of Missouri shall be relieved of the obligation to pay the percentage of the annual operation and maintenance expense, the percentage of major replacement cost, and the percentage of major rehabilitation costs, of the joint use facilities of the project described in subparagraph (A), that are attributable to water supply storage space not being used by the State during the period before the State commences use of the storage space. (C) Amendment to contract.— The Secretary shall amend Water Supply Contract No. DACW43–88–C–0036, dated March 10, 1988, between the United States and the State of Missouri, to implement the modifications required under subparagraphs (A) and (B). (2) City of plattsburg.— (A) In general.— The project for Smithville Lake, Missouri, authorized pursuant to section 204 of the Flood Control Act of 1965 (79 Stat. 1080), is modified to release the City of Plattsburg, Missouri, from— (i) 8,850 acre-feet of future water supply storage contracts; and (ii) future financial obligations for the volume of storage described in clause (i). (B) Amendment to contract.— The Secretary shall amend water supply contract No. DACW41–73–C–0008, between the United States and the State of Missouri, to implement the modifications under subparagraph (A). (3) City of smithville.— (A) In general.— The project for Smithville Lake, Missouri, authorized pursuant to section 204 of the Flood Control Act of 1965 (79 Stat. 1080), is modified to release the City of Smithville, Missouri, from— (i) 6,000 acre-feet of future water supply storage contracts; and (ii) future financial obligations for the volume of storage described in clause (i). (B) Amendment to contract.— The Secretary shall amend water supply contract No. DACW–41–73–C–0007, between the United States and the State of Missouri, to implement the modifications under subparagraph (A). (b) Flood Risk Management.— The following project modifications for flood risk management, as identified in a report entitled “Report to Congress on Future Water Resources Development”, and submitted to Congress pursuant to section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by Congress, are authorized to be carried out by the Secretary: (1) Modification of the project for flood risk management, lower Mississippi River, authorized by the Act of May 15, 1928 (chapter 569, 45 Stat. 534), to incorporate the Wolf River Backwater and Nonconnah Creek levee systems into the project, authorized by section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1575; 50 Stat. 881), subject to the determination of the Secretary that such systems meet all requirements applicable to such project. (2) Modification of the project for flood risk management, Red River below Denison Dam, Arkansas, Louisiana, and Texas, authorized by the Act of June 28, 1938 (chapter 795, 52 Stat. 1219), to incorporate the Cherokee Park Levee into the project, subject to the determination of the Secretary that such levee meets all requirements applicable to such project.Reinforcing Nicaragua’s Adherence to Conditions for Electoral Reform Act of 2021
Pub. L. 117–54 § 7 · 135 Stat. 413
Substituted · 22 U.S.C. § 2277a
Pub. L. 117–54 substituted “, Honduras, and Nicaragua” for “and Honduras” in section catchline and wherever appearing in text
Source evidence
Code amendment note
Pub. L. 117–54 substituted “, Honduras, and Nicaragua” for “and Honduras” in section catchline and wherever appearing in text.Enacted provision · exact public law section
SEC. 7. INCLUSION OF NICARAGUA IN LIST OF COUNTRIES SUBJECT TO CERTAIN SANCTIONS RELATING TO CORRUPTION. Section 353 of title III of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260) 22 USC 2277a. is amended— (1) in the section heading, by striking “and honduras” and inserting “, honduras, and nicaragua”; and (2) by striking “and Honduras” each place it appears and inserting “, Honduras, and Nicaragua”.
2 of 2 references resolved to an enrolled provision
Editorial Notes
References in Text
The Immigration and Nationality Act, referred to in subsec. (d)(1)(A)(iii), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.
Codification
Section was enacted as part of the United States – Northern Triangle Enhanced Engagement Act, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Amendments
2021—Pub. L. 117–54 substituted “, Honduras, and Nicaragua” for “and Honduras” in section catchline and wherever appearing in text.
Executive Documents
Delegation of Certain Authorities and Functions Under Section 353 of the United States-Northern Triangle Enhanced Engagement Act
Memorandum of President of the United States, , 86 F.R. 34591, provided:
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of State all authorities and functions vested in the President by section 353 of the United States-Northern Triangle Enhanced Engagement Act (Subtitle F of Title III of Division FF of Public Law 116–260) (the “Act”) [22 U.S.C. 2277a].
Any reference herein to the Act related to the subject of this memorandum shall be deemed to include references to any hereafter-enacted [] provisions of law that are the same or substantially the same as such provisions.
You are authorized and directed to publish this memorandum in the Federal Register.
J.R. Biden, Jr.
Credits
2020–2021 · 2 acts
- 2020Pub. L. 116–260, div. FF, title III, § 353, , 134 Stat. 3129
- 2021Pub. L. 117–54, § 7, , 135 Stat. 418.
Show as published
(Pub. L. 116–260, div. FF, title III, § 353, , 134 Stat. 3129; Pub. L. 117–54, § 7, , 135 Stat. 418.)