H. R. 4603—41
Commission, as authorized by treaties between the United States
and Canada or Great Britain, and for the Border Environment
Cooperation Commission as authorized by Public Law 103–182;
$5,800,000, of which not to exceed $9,000 shall be available for
representation expenses incurred by the International Joint
Commission.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries commissions,
not otherwise provided for, as authorized by law, $14,669,000: Pro-
vided, That the United States share of such expenses may be
advanced to the respective commissions, pursuant to 31 U.S.C.
3324.
PAYMENT TO THE ASIA FOUNDATION
For a grant to the Asia Foundation, as authorized by section
501 of Public Law 101–246, $10,000,000, to remain available until
expended as authorized by 22 U.S.C. 2696(c).
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 Informa-
tion Agency in this Act may be transferred between such appropria-
tions, 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 expendi-
ture 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 perma-
nently canceled.
(b) The Secretary of State shall allocate the amount of budg-
etary resources canceled among the Department’s accounts available
for procurement and procurement-related expenses. Amounts avail-
able 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 ‘‘procure-
ment’’ includes all stages of the process of acquiring property or
H. R. 4603—42
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 regula-
tions 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 sub-
section’’ 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 sta-
tus at the time of such departure, or
‘‘(2) the alien is the spouse or unmarried child of an individ-
ual 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 perma-
nent 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
H. R. 4603—43
‘‘(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 para-
graphs (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 adjust-
ing 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 oper-
ation 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 such
amount may be reprogrammed or transferred for any other
purpose;
H. R. 4603—44
(2) all funds for the operation and enhancement of the
DTS shall be directly available for use by the Diplomatic Tele-
communications Service Program Office (DTS–PO); and
(3) the DTS–PO financial management officer shall be pro-
vided 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 estab-
lished and jointly operated, with open access to all unclassi-
fied transmission equipment;
(C) an unclassified packet switch communication sys-
tem 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 inter-
national 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 DTS–
PO 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—