(2) members of the Service serving under temporary resident appointments abroad;

(3) members of the Service employed on less than a full-time basis;

(4) members of the Service subject to involuntary separation in cases in which such separation has been suspended pursuant to section 1106(8) of the Foreign Service Act of 1980; and (5) members of the Service serving under non-career limited appointments.

(d) 33 WAIVER AUTHORITY.-(1) Subject to paragraph (2), the Secretary of State, the Director of the United States Information Agency, or the Administrator of the Agency for International Development 34 may waive any limitation under subsection (a) or (b) which applies to the Department of State, the United States Information Agency, or the Agency for International Development,35 as the case may be, to the extent that such waiver is necessary to carry on the foreign affairs functions of the United States.

(2) Not less than 15 days before any agency head implements a waiver under paragraph (1), such agency head shall notify the Chairman of the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives. Such notice shall include an explanation of the circumstances and necessity for such waiver.

*

SEC. 127.36 CONSULAR AUTHORITIES. *

SEC. 128.37 REPORT ON CONSOLIDATION OF ADMINISTRATIVE OPERATIONS.

Not later than 180 days after the date of the enactment of this Act, the Secretary of State, jointly with the Director of the United States Information Agency, the Director of the Arms Control and Disarmament Agency, and the Administrator of the Agency for International Development) shall submit, to the Committee on Foreign Affairs 38 of the House of Representatives and the Committee on Foreign Relations of the Senate, a report concerning the feasibility of consolidating domestic administrative operations for the Department of State, the Agency for International Development, the Arms Control and Disarmament Agency and the United States In

33 The Secretary of State delegated functions authorized under this subsection to the Under Secretary for Management (Department of State Public Notice 2086; sec. 4 of Delegation of Authority No. 214; 59° F.R. 50790; pursuant to Delegation of Authority No. 198, September 16, 1992).

34 Sec. 1(aX1) of Public Law 103-415 (108 Stat. 4299) struck out "and the Director of the United States Information Agency" and inserted in lieu thereof ", the Director of the United States Information Agency, or the Administrator of the Agency for International Development".

35 Sec. 1(aX2) of Public Law 103-415 (108 Stat. 4299) struck out "or the United States Information Agency" and inserted in lieu thereof ", the United States Information Agency, or the Agency for International Development".

30 Sec. 127(a) amended "An Act to regulate the issue and validity of passports and for other purposes", approved July 3, 1926 (22 U.S.C. 211a); see page 818. Sec. 127(b) amended "An Act to provide for the reorganization of the consular service of the United States", approved April 5, 1906 (22 U.S.C. 4221).

37 The Secretary of State delegated functions authorized under this section to the Under Secretary for Management (Department of State Public Notice 2086; sec. 4 of Delegation of Authority No. 214; 59 F.R. 50790; pursuant to Delegation of Authority No. 198, September 16, 1992). 38 Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that references to the Committee on Foreign Affairs of the House of Representatives shall be treated as referring to the Committee on International Relations of the House of Representatives.

formation Agency. Such report shall include specific recommendations for implementation.

SEC. 129.39 FACILITATING ACCESS TO THE DEPARTMENT OF STATE BUILDING.

(a) PROCEDURES TO FACILITATE ACCESS.-The Department of State shall maintain procedures to ensure that the members and staff of the congressional committees of jurisdiction are granted easy access to the Department of State in the conduct of their duties.

(b) PARKING.-The Department of State shall also make available adequate parking for members and staff of the congressional committees of jurisdiction in order to facilitate attendance of meetings at the Department of State.

SEC. 130. REPORT ON SAFETY AND SECURITY OF UNITED STATES PERSONNEL IN SARAJEVO.

Not later than 90 days after the date of enactment of this Act, the Secretary of State shall report to the Committee on Foreign Affairs 38 of the House of Representatives and the Committee on Foreign Relations of the Senate on the steps taken to enhance the security and physical safety of United States diplomatic personnel in Sarajevo, Bosnia-Hercegovina.

SEC. 131. PASSPORT SECURITY.

(a) SENSE OF CONGRESS.-The Congress strongly urges the Secretary of State to ensure that any new passport issuances should, to the maximum extent practicable

(1) be secure against counterfeiting, alteration, duplication, or simulation;

(2) be easily verifiable with appropriate inspection by public officials and private and commercial personnel; and

(3) contain only United States-sourced materials and technology.

(b) REPORT TO CONGRESS.-Not later than 30 days after the date of enactment of this Act, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs 38 of the House of Representatives detailing actions taken by the Department of State to accomplish the goals set forth in subsection (a).

SEC. 132.40 RECORD OF PLACE OF BIRTH FOR TAIWANESE-AMERICANS.

For purposes of the registration of birth or certification of nationality or issuance of a passport 41 of a United States citizen born in Taiwan, the Secretary of State shall permit the place of birth to be recorded as Taiwan.

SEC. 133. TERRORISM REWARDS AND REPORTS.

(a) REWARDS FOR INFORMATION ON ACTS OF INTERNATIONAL TERRORISM IN THE UNITED States.—

41 Sec. 1(r) of Public Law 103-415 (108 Stat. 4302) inserted "or issuance of a passport" after "nationality".

2 Para. (1) amended sec. 36 of the State Department Basic Authorities Act of 1956 (22 U.S.C.

(2) Notwithstanding section 36(g) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708), in addition to amounts otherwise available the Department of State may expend not more than $4,000,000 in fiscal years 1994 and 1995 to pay rewards pursuant to section 36(a) of such Act. (b) 43 ANNUAL REPORTS ON TERRORISM.—*

SEC. 134.44 PROPERTY AGREEMENTS.

Whenever the Department of State enters into lease-purchase agreements involving property in foreign countries pursuant to section 1 of the Foreign Service Buildings Act, 1926 45 (22 U.S.C. 292), the Department shall account for such transactions in accordance with fiscal year obligations.

SEC. 135.46 CAPITAL INVESTMENT FUND.

(a) ESTABLISHMENT.-There is established within the Department of State a Capital Investment Fund to provide for the procurement of information technology and other related capital investments for the Department of State and to ensure the efficient management, coordination, operation, and utilization of such re

sources.

(b) FUNDING.-Funds otherwise available for the purposes of subsection (a) may be deposited in such Fund.

(c) AVAILABILITY.-Amounts deposited into the Fund are authorized to remain available until expended.

(d) EXPENDITURES FROM THE FUND.-Amounts deposited in the Fund shall be available for expenditure to procure capital equipment and information technology.

(e) REPROGRAMMING PROCEDURES.-Funds credited to the Capital Investment Fund shall be treated as a reprogramming of funds under section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2710) and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogrammings.

SEC. 140.47 VISAS.

(a) 48 SURCHARGE FOR PROCESSING CERTAIN VISAS.—

(1) Notwithstanding any other provision of law, the Secretary of State is authorized to charge a fee or surcharge for processing machine readable nonimmigrant visas and machine readable combined border crossing identification cards and nonimmigrant visas.

(2) Fees collected under the authority of paragraph (1) 49 shall be deposited as an offsetting collection to any Department of State appropriation, to recover the costs of providing con

43 Subsec. (b) amended sec. 140(bX2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 26560); and sec. 304(a) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138).

44 22 U.S.C. 292 note.

45 Sec. 1(z) of Public Law 103-415 (108 Stat. 4302) inserted “, 1926” after “Act”.

46 22 U.S.C. 2684a.

47 Authority in this section delegated to the Secretary of State is further delegated to the Under Secretary of State for Management, pursuant to Public Notice 2003, Delegation of Authority No. 212 (59 F.R. 26332; May 19, 1994).

48 8 U.S.C. 1351 note.

49 Sec. 1(bb) of Public Law 103-415 (108 Stat. 4302) struck out "subsection (a)" and inserted in lieu thereof "paragraph (1)".

sular services. Such fees shall remain available for obligation until expended.

(3) For fiscal years 1994 and 1995, fees deposited under the authority of paragraph (2) may not exceed a total of $107,500,000. For subsequent fiscal years, fees may be collected under the authority of paragraph (1) only in such amounts as shall be prescribed in subsequent authorization Acts.

(4) The provisions of the Act of August 18, 1856 (Revised) Statutes 1726-28; 22 U.S.C. 4212-14), concerning accounting for consular fees shall not apply to fees collected under this subsection.

(5) No fee or surcharge authorized under paragraph (1) may be charged to a citizen of a country that is a signatory as of the date of enactment of this Act to the North American Free Trade Agreement, except that the Secretary of State may charge such fee or surcharge to a citizen of such a country if the Secretary determines that such country charges a visa application or issuance fee to citizens of the United States.

(b) 50 AUTOMATED VISA LOOKOUT SYSTEM.-Not later than 18 months after the date of the enactment of this Act, the Secretary of State shall implement an upgrade of all overseas visa lookout operations to computerized systems with automated multiple-name search capabilities.

(c) 50 PROCESSING OF VISAS FOR ADMISSION TO THE UNITED STATES.

(1)(A) Beginning 24 months after the date of the enactment of this Act, whenever a United States consular officer issues a visa for admission to the United States, that official shall certify, in writing, that a check of the Automated Visa Lookout System, or any other system or list which maintains information about the excludability of aliens under the Immigration and Nationality Act, has been made and that there is no basis under such system for the exclusion of such alien.

(B) If, at the time an alien applies for an immigrant or nonimmigrant visa, the alien's name is included in the Department of State's visa lookout system and the consular officer to whom the application is made fails to follow the procedures in processing the application required by the inclusion of the alien's name in such system, the consular officer's failure shall be made a matter of record and shall be considered as a serious negative factor in the officer's annual performance evalua

tion.

(2) If an alien to whom a visa was issued as a result of a failure described in paragraph (1)(B) is admitted to the United States and there is thereafter probable cause to believe that the alien was a participant in a terrorist act causing serious injury, loss of life, or significant destruction of property 51 in the United States, the Secretary of State shall convene an Accountability Review Board under the authority of title III of

** 0.4.C. 1182 note.

Jac. Iď) of Public Law 103-415 (108 Stat. 4299) struck out "serious loss of life or property" and inserted in lieu thereof "serious injury, loss of nificant destruction of property".

the Omnibus Diplomatic Security and Antiterrorism Act of 1986.

(d) 50 ACCESS TO THE INTERSTATE IDENTIFICATION INDEX.—

(1) Subject to paragraphs (2) and (3), the Department of State Consolidated Immigrant Visa Processing Center shall have on-line access, without payment of any fee or charge, to the Interstate Identification Index of the National Crime Information Center solely for the purpose of determining whether a visa applicant has a criminal history record indexed in such Index. Such access does not entitle the Department of State to obtain the full content of automated records through the Interstate Identification Index. To obtain the full content of a criminal history record, the Department shall submit a separate request to the Identification Records Section of the Federal Bureau of Investigation, and shall pay the appropriate fee as provided for in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law 101-162).

(2) The Department of State shall be responsible for all onetime start-up and recurring incremental non-personnel costs of establishing and maintaining the access authorized in paragraph (1).

(3) The individual primarily responsible for the day-to-day implementation of paragraph (1) shall be an employee of the Federal Bureau of Investigation selected by the Department of State, and detailed to the Department on a fully reimbursable basis.

(e) 52 FINGERPRINT CHECKS.—

(1) Effective not later than March 31, 1995, the Secretary of State shall in the ten countries with the highest volume of immigrant visa issuance for the most recent fiscal year for which data are available require the fingerprinting of applicants over sixteen years of age for immigrant visas. The Department of · State shall submit records of such fingerprints to the Federal Bureau of Investigation in order to ascertain whether such applicants previously have been convicted of a felony under State or Federal law in the United States, and shall pay all appropriate fees.

(2) The Secretary shall prescribe and publish such regulations as may be necessary to implement the requirements of this subsection, and to avoid undue processing costs and delays for eligible immigrants and the United States Government. (f) 52, 53 Not later than December 31, 1996, the Secretary of State and the Director of the Federal Bureau of Investigation shall jointly submit to the Committee on Foreign Affairs 54 and the Committee on the Judiciary of the House of Representatives, and the Com

52 Sec. 505 of the Department of State Appropriations Act, 1995 (title V of Public Law 103317; 108 Stat. 1765), inserted subsec. (e) after subsec. (dX3), redesignated paras. (4) and (5) of subsec. (d) as subsecs. (f) and (g), and further amended those paras. by striking out "procedure" and inserting in lieu thereof "procedures", and by striking out "this subsection" and inserting in lieu thereof "subsections (d) and (e)".

53 Sec. 671(gX2XA) of Public Law 104-208 (110 Stat. 3009) amended the indentation of subsecs. (f) and (g).

64 Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that references to the Committee on Foreign Affairs of the House of Representatives shall be treated as referring to the Committee on International Relations of the House of Representatives.