tion and Naturalization Service to achieve a uniform interpretation of this
title.
§ 344. Sharing information about foreign traffickers in con-
trolled substances
To ensure that foreign traffickers in controlled substances are denied
visas to enter the United States (as required by section 6307(a)(3) of this
title)—
(1) the Secretary of State shall cooperate with United States law en-
forcement agencies, including the Drug Enforcement Administration
and the Customs Service, in establishing a comprehensive information
system on all drug arrests of foreign nationals in the United States so
that the information can be communicated to the appropriate United
States embassies; and
(2) the National Drug Enforcement Policy Board shall agree on uni-
form guidelines that would permit the sharing of information of foreign
traffickers in controlled substances.
§ 345. Automated Visa Lookout System
(a) INCLUSION OF NAMES.—(1) Except as provided in paragraph (2) of
this subsection, the Secretary of State may not include in the Automated
Visa Lookout System, or in any other system or list that maintains informa-
tion about the excludability of aliens under this title, the name of an alien
who is not excludable under this title.
(2) The Secretary may add to or retain in such a system or list the name
of an alien who is not excludable only if 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 clearly and distinctly indicating that the individual is not
presently excludable. The Secretary shall establish procedures to ensure that
a visa is not denied to the individual for any reason not provided in this
title.
(3) The Secretary shall publish in the Federal Register regulations on the
maintenance and use by the Department of State of systems and lists for
purposes described in paragraph (2) of this subsection.
(4) This subsection does not create new authority or expand existing au-
thority for any activity not otherwise authorized by law.
(b) REQUIRED CHECK BEFORE ISSUING VISAS.—(1) Beginning May 1,
1996, when a consular officer issues a visa, the officer shall certify, in writ-
ing, that a check of the Automated Visa Lookout System, or any other sys-
tem or list that maintains information about the excludability of aliens
under this title, has been made and that there is no basis under the system
for excluding the alien.
(2) If, at the time an alien applies for a 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 inclusion of the alien’s name in the system, the
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 evaluation.
(3) If an alien to whom a visa was issued as a result of a failure de-
scribed in paragraph (2) of this subsection is admitted to the United States
and there subsequently is probable cause to believe that the alien was a par-
ticipant in a terrorist act causing serious injury, loss of life, or significant
destruction of property in the United States, the Secretary shall convene an
Accountability Review Board under title III of the Omnibus Diplomatic Se-
curity and Antiterrorism Act of 1986 (Public Law 99–399, 100 Stat. 859).
(c) UPGRADE TO SYSTEM.—Not later than October 30, 1995, the Sec-
retary of State shall upgrade all overseas visa lookout operations to comput-
erized systems with automated multiple-name search capabilities.
§ 346. Surcharge for processing machine readable visas
(a) GENERAL AUTHORITY.—Notwithstanding any other law, the Sec-
retary of State may charge a fee or surcharge for processing machine read-
able nonimmigrant visas and machine readable combined border crossing
identification cards and nonimmigrant visas.
(b) DEPOSIT OF AMOUNTS COLLECTED.—Fees and surcharges collected
under subsection (a) of this section shall be deposited as an offsetting collec-
tion to any Department of State appropriation, to recover the costs of pro-
viding consular services. The amounts collected remain available for obliga-
tion until expended.
(c) LIMITATION.—For the fiscal years ending September 30, 1994, and
1995, fees and surcharges deposited under subsection (b) of this section
may not exceed a total of $107,500,000. For subsequent fiscal years, fees
and surcharges may be collected under subsection (a) of this section only
in amounts provided in subsequent authorization laws.
(d) NONAPPLICABILITY OF CERTAIN LAW.—Sections 1726–1728 of the
Revised Statutes (22 U.S.C. 4212–4214) do not apply to fees and sur-
charges collected under this section.
(e) SIGNATORIES OF NORTH AMERICAN FREE TRADE AGREEMENT.—The
Secretary may not charge a fee or surcharge under this section to a citizen
of a country that is a signatory, as of April 30, 1994, to the North Amer-
ican Free Trade Agreement, unless the Secretary finds that the country
charges a visa application or issuance fee to citizens of the United States.
SUBCHAPTER III—MISCELLANEOUS
§ 351. Liaison with internal security officers
To exchange information for use in enforcing this title in the interest of
the internal security of the United States, the Commissioner of Immigration
and Naturalization and the Administrator designated under section 342 of
this title may maintain direct and continuous liaison with the Directors of
the Federal Bureau of Investigation and Central Intelligence and with other
internal security officers of the United States Government.
§ 352. Confidentiality of records and proof of nonexistence
(a) CONFIDENTIALITY OF VISA AND PERMIT RECORDS.—A record of the
Department of State or of a diplomatic or consular office related to issuing
or refusing to issue a visa or permit to enter the United States is confiden-
tial. The record may be used only in developing, amending, or carrying out
a law of the United States. However, the Secretary of State may provide
a certified copy of the record to a court if the court certifies that it needs
the record in the interest of justice in a case pending before the court.
(b) PROOF OF NONEXISTENCE OF RECORD.—A certification by the Attor-
ney General, or by an officer or employee of the Immigration and Natu-
ralization Service designated by the Attorney General, that a diligent search
of the records of the Service has failed to disclose a particular record is ad-
missible in any proceeding as evidence that the records of the Service do
not contain the record.
§ 353. Disposition of receipts
Except as otherwise provided in this title, an amount received in payment
of a fee or administrative penalty shall be deposited in the Treasury as mis-
cellaneous receipts. However, a fee received from an applicant residing in
the Virgin Islands or Guam and paid under section 2125 of this title shall
be paid to the treasury of the Virgin Islands or the treasury of Guam, re-
spectively.
§ 354. Triennial immigration-impact report
(a) REPORTING REQUIREMENT.—The President shall submit a com-
prehensive immigration-impact report to Congress not later than January
1, 1989, and not later than January 1 of each 3d year thereafter.
(b) CONTENT.—Each report shall include—
(1) the number and classification of aliens admitted and to be admit-
ted (whether as immediate relatives, special immigrants, refugees, pref-
erence immigrants, or nonimmigrants), paroled and to be paroled, and
granted and to be granted asylum during the periods specified in sub-
section (c) of this section;
(2) a reasonable estimate of the number of aliens who entered and
will enter the United States during those periods without visas or who