H. R. 1561—56
be deposited in interest bearing accounts prior to disbursement
of such funds for the purposes of the program. Interest earned
may be retained for use under such agreements for program or
administrative purposes, without returning such interest to the
Treasury of the United States. Such retained interest amounts
shall be available for obligation and expenditure only to such extent
and in such amounts as are provided in advance in appropriation
Acts.
SEC. 1213. EFFICIENCY IN PROCUREMENT.
(a) IN GENERAL.—To the maximum extent practicable, United
States Government agencies performing functions at diplomatic
and consular posts abroad shall avoid duplicative acquisition
actions.
(b) AUTHORITY.—Notwithstanding any other provision of law,
a contract awarded in accordance with the Competition in Contract-
ing Act by an agency of the United States Government performing
functions at diplomatic and consular posts abroad may be amended
without competition to permit other such United States Government
agencies to obtain goods or services under such contract, if unit
prices are not increased as a result of any such amendment.
SEC. 1214. CONCERNING THE USE OF FUNDS TO FURTHER NORMALIZE
RELATIONS WITH VIETNAM.
None of the funds authorized to be appropriated or otherwise
made available by this Act may be obligated or expended to pay
for any cost incurred for (1) opening or operating any United States
diplomatic or consular post in the Socialist Republic of Vietnam
that was not operating on July 11, 1995; (2) expanding any United
States diplomatic or consular post in the Socialist Republic of Viet-
nam that was operating on July 11, 1995; or (3) increasing the
total number of personnel assigned to United States diplomatic
or consular posts in the Socialist Republic of Vietnam above the
levels existing on July 11, 1995, unless not less than 60 days
prior to any such obligation or expenditure the President certifies
to the Congress that based upon all information available to the
United States Government that the Government of the Socialist
Republic of Vietnam is fully cooperating with the United States
in the following 4 areas:
(A) Resolving discrepancy cases, live sightings, and field
activities.
(B) Recovering and repatriating American remains.
(C) Accelerating efforts to provide documents that will help
lead to fullest possible accounting of POW/MIA’s.
(D) Providing further assistance in implementing trilateral
investigations with Laos.
SEC. 1215. DIPLOMATIC TELECOMMUNICATIONS SERVICE.
Section 507 of the Department of State and Related Agencies
Appropriations Act, 1995 (Public Law 103–317) is amended in sub-
sections (a) and (b) by striking ‘‘and each succeeding fiscal year’’
each place it appears.
H. R. 1561—57
CHAPTER 2—CONSULAR AUTHORITIES OF THE
DEPARTMENT OF STATE
SEC. 1231. FEES FOR MACHINE READABLE VISAS.
Section 140(a) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103–236) is amended—
(1) by striking paragraphs (2) and (3) and inserting the
following:
‘‘(2) For fiscal years 1996 and 1997, not more than
$150,000,000 in fees collected under the authority of paragraph
(1) for each fiscal year shall be deposited as an offsetting
collection to any Department of State appropriation to recover
the costs of the Department of State’s border security program,
including the costs of—
‘‘(A) installation and operation of the machine readable
visa and automated name-check process;
‘‘(B) improving the quality and security of the United
States passport;
‘‘(C) passport and visa fraud investigations; and
‘‘(D) the technological infrastructure to support and
operate the programs referred to in subparagraphs (A)
through (C).
Such fees shall remain available for obligation until expended.
‘‘(3) For any fiscal year, fees collected under the authority
of paragraph (1) in excess of the amount specified for such
fiscal year under paragraph (2) shall be deposited in the general
fund of the Treasury as miscellaneous receipts.’’; and
(2) by striking paragraph (5).
SEC. 1232. FINGERPRINT CHECK REQUIREMENT.
Section 140(e)(1) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103–236; 8 U.S.C. 1182
note) as amended by section 505 of the Department of State and
Related Agencies Appropriations Act, Fiscal Year 1995 (Public Law
103–317) is amended to read as follows:
‘‘(1) The Secretary of State shall in the 10 countries with
the highest volume of immigrant visa issuance for the most
recent fiscal year for which data are available require applicants
for immigrant visas to provide a fingerprint record for submis-
sion with the application, at no cost to the Department of
State, if such an applicant—
‘‘(A) has been determined to have a criminal history
record under subsection (d)(1);
‘‘(B) has been physically present in the United States;
and
‘‘(C) is more than 16 years of age.
The Department of State shall submit such fingerprint records
to the Federal Bureau of Investigation for analysis to determine
whether the applicant has been convicted of a felony under
State or Federal law in the United States.’’.
SEC. 1233. USE OF CERTAIN PASSPORT PROCESSING FEES FOR
ENHANCED PASSPORT SERVICES.
For each of the fiscal years 1996 and 1997, of the fees collected
for expedited passport processing and deposited to an offsetting
collection pursuant to the Department of State and Related Agencies
Appropriations Act for Fiscal Year 1995 (Public Law 103–317; 22
H. R. 1561—58
U.S.C. 214), 10 percent shall be available only for enhancing pass-
port services for United States citizens, improving the integrity
and efficiency of the passport issuance process, improving the secure
nature of the United States passport, investigating passport fraud,
and preventing entry into the United States by terrorists, drug
traffickers, or other criminals.
SEC. 1234. CONSULAR OFFICERS.
(a) PERSONS
AUTHORIZED
TO
ISSUE
REPORTS
OF
BIRTHS
ABROAD.—Section 33 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2705) is amended in paragraph (2) by
adding at the end the following: ‘‘For purposes of this paragraph,
a consular officer shall include any United States citizen employee
of the Department of State designated by the Secretary of State
to adjudicate nationality abroad pursuant to such regulations as
the Secretary may prescribe.’’.
(b) PROVISIONS APPLICABLE TO CONSULAR OFFICERS.—Section
31 of the Act of August 18, 1856 (Rev. Stat. 1689; 22 U.S.C.
4191), is amended by inserting after ‘‘such officers’’ the following:
‘‘and to such other United States citizen employees of the Depart-
ment of State as may be designated by the Secretary of State
pursuant to such regulations as the Secretary may prescribe’’.
(c) PERSONS AUTHORIZED TO AUTHENTICATE FOREIGN DOCU-
MENTS.—Section 3492(c) of title 18 of the United States Code is
amended by adding at the end the following: ‘‘For purposes of
this section and sections 3493 through 3496 of this title, a consular
officer shall include any United States citizen employee of the
Department of State designated to perform notarial functions pursu-
ant to section 24 of the Act of August 18, 1856 (Rev. Stat. 1750;
22 U.S.C. 4221).’’.
(d) PERSONS AUTHORIZED TO ADMINISTER OATHS.—Section 115
of title 35 of the United States Code is amended by adding at
the end the following: ‘‘For purposes of this section, a consular
officer shall include any United States citizen employee of the
Department of State designated to perform notarial functions pursu-
ant to section 24 of the Act of August 18, 1856 (Rev. Stat. 1750;
22 U.S.C. 4221).’’.
(e) DEFINITION
OF CONSULAR OFFICER.—Section 101(a)(9) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(9)) is
amended by adding at the end the following new sentence: ‘‘As
used in title III, the term ‘‘consular officer’’ includes any United
States citizen employee of the Department of State designated
by the Secretary of State to adjudicate nationality abroad pursuant
to such regulations as the Secretary may prescribe.’’.
SEC. 1235. FEE FOR DIVERSITY IMMIGRANT LOTTERY.
The Secretary of State may establish a fee to be paid by
each alien who applies for an immigrant visa on the basis of
an approved petition filed under section 204(a)(1)(G) of the Immigra-
tion and Nationality Act. Such fee may be set at a level so as
to recover the full cost to the Department of State of administering
subsection (c) of section 203 of the Immigration and Nationality
Act, including the cost of processing all petitions thereunder. All
such fees collected shall be deposited as an offsetting collection
to any Department of State appropriation and shall remain avail-
able for obligation until expended. The provisions of the Act of
August 18, 1856 (Rev. Stat. 1726–28; 22 U.S.C. 4212–14), concern-
ing accounting for consular fees, shall not apply to fees collected
H. R. 1561—59
pursuant to this section. Amounts deposited shall be available for
obligation and expenditure only in such amounts as are provided
in advance in appropriation Acts.
SEC. 1236. FEE FOR EXECUTION OF PASSPORT APPLICATIONS.
Section 1 of the Act of June 4, 1920 (41 Stat. 750; 22 U.S.C.
214) is amended by—
(1) inserting before the period at the end of the first sen-
tence the following: ‘‘; except that the Secretary of State may
by regulation authorize State officials or the United States
Postal Service to collect and retain the execution fee for each
application for a passport accepted by such officials or by that
Service’’; and
(2) striking the second sentence.
SEC. 1237. EXCLUSION FROM THE UNITED STATES FOR MEMBERSHIP
IN A TERRORIST ORGANIZATION.
Section 212(a)(3)(B) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)) is amended—
(1) by striking ‘‘or’’ at the end of clause (i)(I);
(2) by inserting ‘‘or’’ at the end of clause (i)(II);
(3) by inserting after clause (i)(II) the following new
subclause:
‘‘(III) is a member of a terrorist organization
or who actively supports or advocates terrorist
activity,’’; and
(4) by adding at the end the following new clause:
‘‘(iv) TERRORIST ORGANIZATION DEFINED.—As used
in this subparagraph, the term ‘terrorist organization’
means an organization that engages in, or has engaged
in, terrorist activity as determined by the Attorney
General, in consultation with the Secretary of State.’’.
SEC. 1238. TERRORIST LOOKOUT COMMITTEES.
(a) ESTABLISHMENT.—
(1) Not later than 30 days after the date of enactment
of this Act, the Secretary of State shall establish within each
United States Embassy a Terrorist Lookout Committee, which
shall include the head of the political section and senior rep-
resentatives of all United States law enforcement agencies and
all elements of the intelligence community under the authority
of the chief of mission.
(2) Each Committee shall be chaired by the respective
deputy chief of mission, with the head of the consular section
as vice chair.
(b) MEETINGS.—Each Terrorist Lookout Committee established
under subsection (a) shall meet at least monthly and shall maintain
records of its meetings. Upon the completion of each meeting, each
Committee shall report to the Department of State all names
submitted for inclusion in the visa lookout system.
(c) REPORTS.—
(1) The Secretary of State shall submit a report to the
appropriate congressional committees within 90 days after the
date of the enactment of this Act on the status of establishing
Terrorist Lookout Committees under this section and evaluat-
ing interagency cooperation in the process.
(2) Not later than April 1, 1997, the Secretary of State
shall submit a follow-up report to the appropriate congressional