22 U.S.C. § 4316 — Application of travel restrictions to per-

Page 1580 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4316 1 So in original. The period probably should be a semicolon. may revoke such a waiver) 30 days after pro- viding written notification of such a waiver, to- gether with the reasons for such waiver (or rev- ocation of such a waiver), to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (d) Report Not later than 180 days after December 22, 1987, the Secretary of State shall submit a re- port to the Congress concerning the implemen- tation of this section and shall submit such other reports to the Congress concerning changes in implementation as may be necessary. (e) Definitions For the purposes of this section— (1) the term ‘‘foreign mission’’ includes any international organization as defined in sec- tion 4309(b) of this title; and (2) the term ‘‘unaffiliated alien’’ means, with respect to a foreign country, an alien who— (A) is admitted to the United States as a nonimmigrant, and (B) is not a member, or a family member of a member, of a foreign mission of that for- eign country. (Aug. 1, 1956, ch. 841, title II, § 215, as added Pub. L. 100–204, title I, § 128(a), Dec. 22, 1987, 101 Stat. 1343.) Editorial Notes CODIFICATION December 22, 1987, referred to in subsec. (d), was in the original ‘‘the date of the enactment of this Act’’, which was translated as meaning the date of enactment of Pub. L. 100–204, which enacted this section, to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 100–204, title I, § 128(b), Dec. 22, 1987, 101 Stat. 1343, provided that: ‘‘(1) Except as provided in paragraph (2), the amend- ment made by subsection (a) [enacting this section] shall apply to any foreign mission beginning on the date of enactment of this Act [Dec. 22, 1987]. ‘‘(2)(A) The amendment made by subsection (a) shall apply beginning 6 months after the date of enactment of this Act with respect to any nonimmigrant alien who is using a foreign mission as a residence or a place of business on the date of enactment of this Act. ‘‘(B) The Secretary of State may delay the effective date provided for in subparagraph (A) for not more than 6 months with respect to any nonimmigrant alien if the Secretary finds that a hardship to that alien would re- sult from the implementation of subsection (a).’’ § 4316. Application of travel restrictions to per- sonnel of certain countries and organizations (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 individ- uals who (as determined by the Secretary) are— (1) the personnel of an international organi- zation, 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 inter- national 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 Di- rector 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 inter- ests 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) the term ‘‘generally applicable restric- tions’’ means any limitations on the radius within which unrestricted travel is permitted and obtaining travel services through the aus- pices of the Office of Foreign Missions for travel elsewhere, and does not include any re- strictions which unconditionally prohibit the members of missions of the Soviet Union in the United States from traveling to designated areas of the United States and which are ap- plied as a result of particular factors in rela- tions between the United States and the So- viet Union.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 func- tions similar to those of an officer, em- ployee, or other staff member. (Aug. 1, 1956, ch. 841, title II, § 216, as added Pub. L. 100–204, title I, § 162(a), Dec. 22, 1987, 101 Stat. 1357; amended Pub. L. 103–236, title I, § 139(3), Apr. 30, 1994, 108 Stat. 397.) Editorial Notes AMENDMENTS 1994—Subsec. (d). Pub. L. 103–236 struck out heading and text of subsec. (d). Text read as follows: ‘‘The Sec- retary shall transmit to the Select Committee on Intel- ligence and the Committee on Foreign Relations of the Senate, and to the Permanent Select Committee on In- telligence 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 Page 1581 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4341 months thereafter, a report on the actions taken by the Secretary in carrying out this section during the pre- vious 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 com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. 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 en- acted 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. CHAPTER 53A—DISPOSITION OF PERSONAL PROPERTY ABROAD Sec. 4341. Definitions. 4342. Limitations on disposition of personal prop- erty. 4343. Regulations. § 4341. Definitions For purposes of this chapter, the following terms have the following meanings: (1) The term ‘‘employee’’ means an indi- vidual who is under the jurisdiction of a chief of mission to a foreign country (as provided under section 3927 of this title) and who is— (A) an employee as defined by section 2105 of title 5; (B) an officer or employee of the United States Postal Service or of the Postal Regu- latory Commission; (C) a member of a uniformed service who is not under the command of an area military commander; or (D) an expert or consultant as authorized pursuant to section 3109 of title 5 with the United States or any agency, department, or establishment thereof; but is not a national or permanent resident of the foreign country in which employed. (2) The term ‘‘contractor’’ means— (A) an individual employed by personal services contract pursuant to section 2669(c) of this title, section 2396(a)(3) of this title, or pursuant to other similar authority, includ- ing, in the case of an organization per- forming services under such authority, an individual involved in the performance of such services; and (B) such other individuals or firms pro- viding goods or services by contract as are designated by regulations issued pursuant to section 4343 of this title; but does not include a contractor with or under the supervision of an area military com- mander. (3) The term ‘‘charitable contribution’’ means a contribution or gift as defined in sec- tion 170(c) of title 26, or other similar con- tribution or gift to a bona fide charitable for- eign entity as determined pursuant to regula- tions or policies issued pursuant to section 4343 of this title. (4) The term ‘‘chief of mission’’ has the meaning given such term by section 3902(3) of this title. (5) The term ‘‘foreign country’’ means any country or territory, excluding the United States, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Is- lands, the Trust Territory of the Pacific Is- lands, American Samoa, Guam, the Virgin Is- lands, and other territories or possessions of the United States. (6) The term ‘‘personal property’’ means any item of personal property, including auto- mobiles, computers, boats, audio and video equipment, and any other items acquired for personal use, but excluding items of minimal value as determined by regulation or policy issued pursuant to section 4343 of this title. (7) The term ‘‘profit’’ means any proceeds (including cash and other valuable consider- ation but not including amounts of such pro- ceeds given as charitable contributions) for the sale, disposition, or assignment of per- sonal property in excess of the basis for such property. For purposes of this chapter, basis shall include initial price, inland and overseas transportation costs (if not reimbursed by the United States Government), shipping insur- ance, taxes, customs fees, duties or other charges, and capital improvements, but shall not include insurance on an item while in use, or maintenance and related costs. For pur- poses of computing profit, proceeds and costs shall be valued in United States dollars at the time of receipt or payment, at a rate of ex- change as determined by regulation or policy issued pursuant to section 4343 of this title. (Aug. 1, 1956, ch. 841, title III, § 301, as added Pub. L. 100–204, title I, § 186(a), Dec. 22, 1987, 101 Stat. 1366; amended Pub. L. 109–435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242.) Editorial Notes AMENDMENTS 2006—Par. (1)(B). Pub. L. 109–435 substituted ‘‘Postal Regulatory Commission’’ for ‘‘Postal Rate Commis- sion’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 100–204, title I, § 186(b), Dec. 22, 1987, 101 Stat. 1368, provided that: ‘‘This section [enacting this chap- ter] shall take effect 180 days after the date of enact- ment of this Act [Dec. 22, 1987].’’