22 U.S.C. § 4316: Application of travel…

Summary

The Secretary must apply the same travel limits inside the United States to certain foreign staff and their families that are used for members of Soviet Union missions. This covers staff of international organizations who are nationals of foreign governments that carry out intelligence activities in the United States that harm U.S. security; staff of missions to international organizations when the mission represents such a government; and their family members or dependents — as long as they are not U.S. citizens or permanent residents. The Secretary can waive these limits after talking with the Director of Central Intelligence and the Director of the FBI if U.S. national security and foreign policy need it. The law explains three terms: “generally applicable restrictions” means limits on how far someone may travel and on getting travel services through the Office of Foreign Missions (not absolute bans used only against Soviet mission members); “international organization” means the kind listed in section 4309(b)(1); and “personnel” means officers, employees, staff, and contractors who do similar work.

Title 22, §4316

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Requirement for restrictions

The Secretary shall apply the same generally applicable restrictions to the travel while in the United States of the individuals described in subsection (b) as are applied under this chapter to the members of the missions of the Soviet Union in the United States.

(b)Individuals subject to restrictions

The restrictions required by subsection (a) shall be applied with respect to those individuals who (as determined by the Secretary) are—

(1)the personnel of an international organization, if the individual is a national of any foreign country whose government engages in intelligence activities in the United States that are harmful to the national security of the United States;

(2)the personnel of a mission to an international organization, if that mission is the mission of a foreign government that engages in intelligence activities in the United States that are harmful to the national security of the United States; or

(3)the family members or dependents of an individual described in paragraphs (1) and (2);

and who are not nationals or permanent resident aliens of the United States.

(c)Waivers

The Secretary, after consultation with the Director of Central Intelligence and the Director of the Federal Bureau of Investigation, may waive application of the restrictions required by subsection (a) if the Secretary determines that the national security and foreign policy interests of the United States so require.

(d)Repealed. Pub. L. 103–236, title I, § 139(3), Apr. 30, 1994, 108 Stat. 397

(e)Definitions

For purposes of this section

(1)

(2)the term “international organization” means an organization described in section 4309(b)(1) of this title; and

(3)the term “personnel” includes—

(A)officers, employees, and any other staff member, and

(B)any individual who is retained under contract or other arrangement to serve functions similar to those of an officer, employee, or other staff member.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (d). Pub. L. 103–236 struck out heading and text of subsec. (d). Text read as follows: “The Secretary shall transmit to the Select Committee on Intelligence and the Committee on Foreign Relations of the Senate, and to the Permanent Select Committee on Intelligence and the Committee on Foreign Affairs of the House of Representatives, not later than six months after December 22, 1987, and not later than every six months thereafter, a report on the actions taken by the Secretary in carrying out this section during the previous six months.”

Statutory Notes and Related Subsidiaries

Change of Name

Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.

Effective Date

Pub. L. 100–204, title I, § 162(b), Dec. 22, 1987, 101 Stat. 1358, provided that: “Subsection (a) of the section enacted by this section [this section] shall take effect 90 days after the date of enactment of this Act [Dec. 22, 1987].” Authority of Secretary of State Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of this title and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of this title.

§4316 Application of Travel Restrictions to Personnel of Certain Countries and Organizations