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SEC. 122.43 ASSISTANT SECRETARY OF STATE FOR SOUTH ASIAN AF.

FAIRS. (a) ESTABLISHMENT OF POSITION.—There is established in the Department of State the position of Assistant Secretary of State for South Asian Affairs. 24

(b) APPOINTMENT.-The Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate. (d) 24 CONFORMING AMENDMENT.

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect on October 1, 1991. (e) 25 IMPLEMENTATION.-In order to carry out this section, the Secretary of State shall reprogram the position of Deputy Assistant Secretary for South Asian Affairs. * *

* SEC. 125. MAINTENANCE MANAGEMENT OF OVERSEAS PROPERTY.

The Director of the Office of Foreign Buildings Operations shall

(1) direct overseas posts to make annual building condition assessments of buildings and facilities used by the post;

(2) not later than 90 days after the date of the enactment of this Act, revise the Foreign Affairs Manual to stipulate that the Buildings and Maintenance Handbook shall be used by each post to identify their maintenance needs, standardize their maintenance operations, and conduct annual assessments as required by paragraph (1);

(3) direct the Office of Foreign Buildings Operations to provide proper training and assistance to posts to ensure that an. nual surveys are effectively completed; and

(4) direct overseas posts to ensure that all maintenance program fiscal transactions are properly encoded in the Depart ment of State accounting system to enable compilation of actual expenditures on routine maintenance and specific maintenance funded by the Office of Foreign Buildings Operations,

SEC. 128.* VISA LOOKOUT SYSTEMS.

(a) VISAS.–The Secretary of State may not include in the Automated Visa Lookout System, or in any other system or list which

22 22 U.SC. 0825

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maintains information about the excludability of aliens under the Immigration and Nationality Act, the name of any alien who is not excludable from the United States under the Immigration and Nationality Act, subject to the provisions of this section.

(b) CORRECTION OF LISTS.-Not later than 3 years after the date of enactment of this Act, the Secretary of State shall

(1) correct 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, by deleting the name of any alien not excludable under the Immigration and Nationality Act; and

(2) report to the Congress concerning the completion of such correction process. (c) REPORT ON CORRECTION PROCESS.

(1) Not later than 90 days after the date of enactment of this Act, the Secretary of State, in coordination with the heads of other appropriate Government agencies, shall prepare and submit to the appropriate congressional committees, a plan which sets forth the manner in which the Department of State will correct the Automated Visa Lookout System, and any other system or list as set forth in subsection (b).

(2) Not later than 1 year after the date of enactment of this Act, the Secretary of State shall report to the appropriate congressional committees on the progress made toward completing

the correction of lists as set forth in subsection (b). (d) APPLICATION.—This section refers to the Immigration and Nationality Act as in effect on and after June 1, 1991. (e) LIMITATION.

(1) The Secretary may add or retain in such system or list the names of aliens who are not excludable only if they are included for otherwise authorized law enforcement purposes or other lawful purposes of the Department of State. A name included for other lawful purposes under this paragraph shall include a notation which clearly and distinctly indicates that such person is not presently excludable. The Secretary of State shall adopt procedures to ensure that visas are not denied to such individuals for any reason not set forth in the Immigration and Nationality Act.

(2) The Secretary shall publish in the Federal Register regulations and standards concerning maintenance and use by the Department of State of systems and lists for purposes described in paragraph (1).

(3) Nothing in this section may be construed as creating new authority or expanding any existing authority for any activity

not otherwise authorized by law. (f) DEFINITION.—As used in this section the term "appropriate congressional committees" means the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives and the Committee on the Judiciary and the Committee on Foreign Relations of the Senate.

Sec. 127 of this Act added a new sec. 51 to the State Department Basic Authorities Act (22 U.S.C. 2723), relating to the denial of certain visas

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SEC. 129.7 PROHIBITION ON ISSUANCE OF ISRAEL-ONLY PASSPORTS. (a) PURPOSE.—It is the purpose of this section

(1) to direct the Secretary of State to seek an end to the policy of the majority of Arab League nations of rejecting passports, and denying entrance visas to persons whose passport or other documents reflect that the holder has visited Israel, and to secure the adoption of policies that assure that travel to such Arab League nations by persons who have visited Israel shall not be unreasonably impeded; and

(2) to prohibit United States Government acquiescence in the policy of the majority of Arab League nations of rejecting Israel by rejecting passports of, and denying entrance visas to, persons whose passport or other documents reflect that the holder has visited Israel, especially with respect to travel by officials

of the United States. (b) NEGOTIATIONS.—The Secretary of State shall immediately undertake negotiations to seek an end to the policy of the majority of Arab League nations of rejecting passports of, and denying entrance visas to, private persons and officials of all nations whose passports or other documents reflect that the holder thereof has visited Israel.

(c) REPORT TO CONGRESS.—The Secretary of State shall submit a report to the Committee on Foreign Relations and the Committee on Appropriations of the Senate, and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives within 60 days of the date of enactment of this Act. The report shall describe the status of efforts to secure an end to the passport and visa policy of the majority of Arab League nations as described in subsection (a), and describe the prospects that such efforts would be successful within 90 days of the date of enactment of this Act. (d) PROHIBITION ON THE ISSUANCE OF ISRAEL-ONLY PASSPORTS.

(1) PROHIBITION.—Notwithstanding any other provision of law, the Secretary of State shall not issue any passport that is designated for travel only to Israel.

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77 Sec. 503 of the Department of State and Related Agencies Appropriations Act, 1992 (title V of Public Law 102–140; 105 Stat. 820), provided the following:

"SEC. 503. None of the funds provided in this Act shall be used by the Department of State to issue any passport that is designated for travel only to Israel, and 90 days after the enactment of this Act, none of the funds provided in this Act shall be used by the Department of State to issue more than one official or diplomatic passport to any United States Government employee for the purpose of enabling that employee to acquiesce in or comply with the policy of the

of Arab League nations rejecting passports of, or denying entrance visas to, persons whose passports or other documents reflect that that person has visited Israel.".

Sec. 503 of the Department of State and Related Agencies Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 1868), provided the following

"SEC. 503. None of the funds made available by this Act may be obligated or expended by the Department of State for contracts with any foreign or United States firm that complies with the Arab League Boycott of the State of Israel or with any foreign or United States firm that discriminates in the award of subcontracts on the basis of religion: Provided, That the Secretary of State may waive this provision on a country-by-country basis upon certification to the Congress by the Secretary that such waiver is in the national interest and is necessary to carry on the diplomatic functions of the United States.".

Functions vested in the Secretary of State in this section were reserved to the Secretary of State by Delegation of Authority No. 193, January 7, 1992 (Public Notice 1555; 57 F.R. 2298; January 21, 1992).

In Public Notices 1563 and 1564 of January 22, 1992, the Bureau of Consular Affairs, Department of State, announced the cancellation of all passports that are endorsed as valid only for travel to Israel, ellective as of April 25, 1992, to expire on October 28, 2002 (57 F.R. 3454 and 3282; January 29, 1992).

(2) CANCELLATION.-Not later than ninety days after the date of enactment of this Act, the Secretary of State shall promulgate regulations for the cancellation not later than 180 days after the enactment of this Act of any currently valid

passport which is designated for travel only to Israel. (e) POLICY ON NONACQUIESCENCE.

(1) REQUIREMENT OF SINGLE PASSPORT.—The Secretary of State shall not issue more than one official or diplomatic passport to any official of the United States Government for the purpose of enabling that official to acquiesce in or comply with the policy of the majority of Arab League nations of rejecting passports of, or denying entrance visas to, persons whose passport or other documents reflect that the person has visited Israel.

(2) IMPLEMENTATION OF POLICY OF NONCOMPLIANCE.-The Secretary of State shall promulgate such rules and regulations as are necessary to ensure that officials of the United States Government do not comply with, or acquiesce in, the policy of the majority of Arab League nations of rejecting passports of, or denying entrance visas to, persons whose passport or other documents reflect that the person has visited Israel. (3) EFFECTIVE DATE.

(A) Except as provided in subparagraph (B), this subsection shall take effect 90 days after the date of enactment of this Act.

(B) If the report under subsection (c) is not submitted within 60 days of the date of enactment of this Act, this subsection shall take effect 60 days after the date of enact

ment of this Act. PART C—DIPLOMATIC RECIPROCITY AND SECURITY

SEC. 132.28 CONSTRUCTION OF DIPLOMATIC FACILITIES.

(a)29 EXTRAORDINARY SECURITY SAFEGUARDS.-In carrying out the reconstruction project for the new chancery building at the United States Embassy in Moscow, the Secretary of State shall ensure that extraordinary security safeguards are implemented with respect to all aspects of security, including materials, logistics, construction methods, and site access.

(b) SAFEGUARDS TO BE INCLUDED.-Such extraordinary security safeguards under subsection (a) shall include the following:

(1) Exclusive United States control over the site during reconstruction.

28 Functions vested in the Secretary of State in this section (except sec. 132(0X2), which was repealed by sec. 803 of Public Law 102-511) were further delegated to the Under Secretary for Management by Delegation of Authority No. 193, January 7, 1992 (Public Notice 1555; 57'F.R 2298; January 21, 1992).

Subsecs. (0) and (g) of this section were repealed by sec. 504 of the Department of State and Related Agencies Appropriations Act, 1993 (Public Law 102–395; 106 Siat. 1869). Sec. 803 of the FREEDOM Support Act (Public Law 102-511; 106 Stat. 3353) also repealed these subsecs.

Subsequently, subsecs. (a) through (d), and (h) through (j) were repealed by sec, 502(aX1) of the FRIENDSHIP Act (Public Law 103-199, 107 Stat. 2326).

22 Sec. 502(a X2) of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2326) redesignated the remaining subsection (e) as subsec. (a), and made technical adjustments to reflect para. (eX1) becoming subsec. (a), para. (eX2) becoming subsec. (b) with catchline, with appropriate indentations and relettering.

(2) Exclusive use of United States or non-Soviet materials with respect to the new chancery structure.

(3) Exclusive use of United States workmanship with respect to the new chancery structure.

(4) To the extent feasible, prefabrication in the United States of major portions of the new chancery.

(5) Exclusive United States control over construction mate

rials during the entire logistical process of reconstruction. SEC. 133.30 * * * [Repealed—1993) SEC. 134.31 SPECIAL AGENTS.

(a) REPORT.-Not later than 180 days after the date of enactment of this act, the Attorney General and the Secretary of State shall jointly submit to the Committees on the Judiciary and Foreign Relations of the Senate and the Committees on the Judiciary and Foreign Affairs of the House of Representatives a report and recommendations regarding whether Special Agents of the Diplomatic Security Service should be authorized to make arrests without warrants for offenses against the United States committed in their presence or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such a felony.

(b) TERMS OF REFERENCE.—The report required by subsection (a) shall address at least the following topics:

(1) Whether similar arrest authority granted other Federal law enforcement agencies such as the Drug Enforcement Agency, the United States Customs Service, United States Marshals, the Secret Service, and the Federal Bureau of Investigation has on balance served the public interest.

(2) Whether execution of the existing statutory responsibilities of the Diplomatic Security Service would be furthered by granting of such authority.

(3) Disadvantages which would be likely to result from granting of such authority, including disadvantages in terms of protection of civil liberties.

(4) Proposed statutory language which would if enacted provide any such authority recommended.

(5) Proposed regulations to implement any such enacted au

thority. SEC. 135.PROTECTION FOR UNITED NATIONS FACILITIES AND MIS

SIONS.* • (b) PROTECTION OF FOREIGN DIPLOMATIC MISSIONS.—* * *

(5) Protective services provided by a State or local government at any time during the period beginning on January 1, 1989, and ending on September 30, 1991, which were performed in connection with visits described in section 202(8) of title 3, United States Code, as amended by this subsection, shall be deemed to be reimbursement obligations entered into pursuant to section 208(a) of that title as if the amendment

of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2326). Sat. 100, relaung co possible Moscow Embassy security breach, was repealed by sec. 502(b)

31 Functions vested in the Secretary of State in this section were further delegated to the Under Secretary for Management by Delegation of Authority No. 193, January 7, 1992 (Public Notice 1555; 57 F.R. 2298; January 21, 1992).

Other than the subparagraph shown, sec. 135 amended other legislation.

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