General Provisions—Department of State

General Provisions—Department of State Sec. 501. Funds appropriated under this title shall be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of 5 U.S.C; for services as authorized by 5 U.S.C. 3109; and hire of passenger transportation pursuant to 31 U.S.C. 1343(b). Sec. 502. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of State in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided, That not to exceed 5 percent of any appropriation made available for the current fiscal year for the United States Information Agency in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided further, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Sec. 503. Funds appropriated or otherwise made available under this Act or any other Act may be expended for compensation of the United States Commissioner of the International Boundary Commission, United States and Canada, only for actual hours worked by such Commissioner. Sec. 504. (a) Of the budgetary resources available to the Department of State during fiscal year 1995, $5,566,000 are permanently canceled. (b) The Secretary of State shall allocate the amount of budgetary resources canceled among the Department’s accounts available for procurement and procurement-related expenses. Amounts available for procurement and procurement-related expenses in each such account shall be reduced by the amount allocated to such account. (c) For the purposes of this section, the definition of “procurement” includes all stages of the process of acquiring property or108 STAT. 1765 services, beginning with the process of determining a need for a product or services and ending with contract completion and closeout, as specified in 41 U.S.C. 403(2). Sec. 505. Section 140 of Public Law 103–236 is amended— (1) by inserting after subsection (d)(3) the following new subsection (e): “(e) 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.”; and (2) in subsections (d)(4) and (d)(5), by changing the word “procedure” to “procedures”, by changing the words “this subsection” each time they appear to “subsections (d) and (e)”, and by redesignating paragraphs (d)(4) and (d)(5), respectively, as subsections (f) and (g). Sec. 506. (a) Section 212 of the Immigration and Nationality Act, as amended (U.S.C. 1182), is amended by adding at the end thereof the following new subsection (o): “(o) An alien who has been physically present in the United States shall not be eligible to receive an immigrant visa within ninety days following departure therefrom unless— “(1) the alien was maintaining a lawful nonimmigrant status at the time of such departure, or “(2) the alien is the spouse or unmarried child of an individual who obtained temporary or permanent resident status under section 210 or 245A of the Immigration and Nationality Act or section 202 of the Immigration Reform and Control Act of 1986 at any date, who— “(A) as of May 5, 1988, was the unmarried child or spouse of the individual who obtained temporary or permanent resident status under section 210 or 245A of the Immigration and Nationality Act or section 202 of the Immigration Reform and Control Act of 1986; “(B) entered the United States before May 5, 1988, resided in the United States on May 5, 1988, and is not a lawful permanent resident; and “(C) applied for benefits under section 301(a) of the Immigration Act of 1990.”. (b) Section 245 of the Immigration and Nationality Act, as amended (8 U.S.C. 1255), is amended by adding at the end thereof the following new subsection: “(i) (1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States who— “(A) entered the United States without inspection; or 108 STAT. 1766 “(B) is within one of the classes enumerated in subsection (c) of this section, may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence. The Attorney General may accept such application only if the alien remits with such application a sum equalling five times the fee required for the processing of applications under this section as of the date of receipt of the application, but such sum shall not be required from a child under the age of seventeen, or an alien who is the spouse or unmarried child of an individual who obtained temporary or permanent resident status under section 210 or 245A of the Immigration and Nationality Act or section 202 of the Immigration Reform and Control Act of 1986 at any date, who— “(i) as of May 5, 1988, was the unmarried child or spouse of the individual who obtained temporary or permanent resident status under section 210 or 245A of the Immigration and Nationality Act or section 202 of the Immigration Reform and Control Act of 1986; “(ii) entered the United States before May 5, 1988, resided in the United States on May 5, 1988, and is not a lawful permanent resident; and “(iii) applied for benefits under section 301(a) of the Immigration Act of 1990. The sum specified herein shall be in addition to the fee normally required for the processing of an application under this section. “(2) Upon receipt of such an application and the sum hereby required, the Attorney General may adjust the status of the alien to that of an alien lawfully admitted for permanent residence if— “(A) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and “(B) an immigrant visa is immediately available to the alien at the time the application is filed. “(3) Sums remitted to the Attorney General pursuant to paragraphs (1) and (2) of this subsection shall be disposed of by the Attorney General as provided in sections 286 (m), (n), and (o) of this title.”. (c) The provisions of these amendments to the Immigration and Nationality Act shall take effect on October 1, 1994 and shall cease to have effect on October 1, 1997. (d) The Immigration and Naturalization Service shall conduct full fingerprint identification checks through the Federal Bureau of Investigation for all individuals over sixteen years of age adjusting immigration status in the United States pursuant to this section. Sec. 507. (a) Diplomatic Telecommunications Service Financial Management.— In fiscal year 1995 and each succeeding fiscal year— (1) the Secretary of State shall provide funds for the operation of the Diplomatic Telecommunications Service (DTS) in a sufficient amount to sustain the current level of support services being provided by the DTS, and no portion of such108 STAT. 1767 amount may be reprogrammed or transferred for any other purpose; (2) all funds for the operation and enhancement of the DTS shall be directly available for use by the Diplomatic Telecommunications Service Program Office (DTS-PO); and (3) the DTS-PO financial management officer shall be provided direct access to the Department of State financial management system to independently monitor and control the obligation and expenditure of all funds for the operation and enhancement of the DTS. (b) DTS Policy Board.— Within 60 days after the date of the enactment of this Act,, the Secretary of State and the Director of the DTS-PO shall restructure the DTS Policy Board to provide for representation on the Board, during fiscal year 1995 and each succeeding fiscal year, by— (1) the Director of the DTS-PO; (2) the senior information management official from each agency currently serving on the Board; (3) a senior career information management official from each of the Department of Commerce, the United States Information Agency, and the Defense Intelligence Agency; and (4) a senior career information management official from each of 2 other Federal agencies served by the DTS, each of whom shall be appointed on a rotating basis by the Secretary of State and the Director of the DTS-PO for a 2-year term. (c) DTS Consolidation Pilot Program.— (1) In general.— The Secretary of State and the Director of the DTS-PO shall carry out a program under which total DTS consolidation will be completed before October 1, 1995, at not less than five embassies of medium to large size. (2) Pilot program requirements.— Under the program required in paragraph (1)— (A) each participating embassy shall be provided with a full range of integrated information services, including message, data, and voice, without additional charge; (B) a combined transmission facility shall be established and jointly operated, with open access to all unclassified transmission equipment; (C) an unclassified packet switch communication system shall be installed and shall serve all foreign affairs agencies associated with the embassy; (D) separate classified transmission systems (including MERCURY) shall be terminated; and (E) all foreign affairs agency systems requiring international communications capability shall obtain such capability solely through the DTS. (3) Pilot program report.— Not later than January 15, 1996, the Secretary of State and the Director of the DTSPO shall submit to the Committees on Appropriations of the House and Senate a report describing the actions taken under the program required by this subsection. The report shall include a cost-benefit analysis for each embassy participating in the program. (d) DTS Planning Report.— Not later than January 15, 1995, the Secretary of State and the Director of the DTS-PO shall submit to the Committees on Appropriations a DTS planning report. The report shall include— 108 STAT. 1768 (1) a detailed plan for carrying out the pilot program required by subsection (c), including an estimate of the funds required for such purpose; and (2) a comprehensive DTS strategy plan that contains detailed plans and schedules for— (A) an overall DTS network configuration and security strategy; (B) transition of the existing dedicated circuits and classified transmission systems to the unclassified packet switch communications system; (C) provision of a basic level of voice service for all DTS customers; (D) funding of new initiatives and of replacement of current systems; (E) combining existing DTS network control centers, relay facilities, and overseas operations; and (F) reducing the extensive reliance of DTS-PO on the full-time services of contractors.