TITLE VI--MISCELLANEOUS PROVISIONS

Subtitle D--Other Provisions

SEC. 641. PROGRAM TO COLLECT INFORMATION RELATING TO
NONIMMIGRANT FOREIGN STUDENTS AND OTHER
EXCHANGE PROGRAM PARTICIPANTS.

(a) In General.--
(1) Program.--The Attorney General, in consultation with
the Secretary of State and the Secretary of Education, shall
develop and conduct a program to collect from approved
institutions of higher education and designated exchange
visitor programs in the United States the information
described in subsection (c) with respect to aliens who--
(A) have the status, or are applying for the status, of
nonimmigrants under subparagraph (F), (J), or (M) of section
101(a)(15) of the Immigration and Nationality Act; and
(B) are nationals of the countries designated under
subsection (b).
(2) Deadline.--The program shall commence not later than
January 1, 1998.
(b) Covered Countries.--The Attorney General, in
consultation with the Secretary of State, shall designate
countries for purposes of subsection (a)(1)(B). The Attorney
General shall initially designate not less than 5 countries
and may designate additional countries at any time while the
program is being conducted.
(c) Information to be Collected.--
(1) In general.--The information for collection under
subsection (a) with respect to an alien consists of--
(A) the identity and current address in the United States
of the alien;
(B) the nonimmigrant classification of the alien and the
date on which a visa under the classification was issued or
extended or the date on which a change to such classification
was approved by the Attorney General;
(C) in the case of a student at an approved institution of
higher education, the current academic status of the alien,
including whether the alien is maintaining status as a full-
time student or, in the case of a participant in a designated
exchange visitor program, whether the alien is satisfying the
terms and conditions of such program; and
(D) in the case of a student at an approved institution of
higher education, any disciplinary action taken by the
institution against the alien as a result of the alien's
being convicted of a crime or, in the case of a participant
in a designated exchange visitor program, any change in the
alien's participation as a result of the alien's being
convicted of a crime.
(2) FERPA.--The Family Educational Rights and Privacy Act
of 1974 shall not apply to aliens described in subsection (a)
to the extent that the Attorney General determines necessary
to carry out the program under subsection (a).
(3) Electronic collection.--The information described in
paragraph (1) shall be collected electronically, where
practicable.
(4) Computer software.--
(A) Collecting institutions.--To the extent practicable,
the Attorney General shall design the program in a manner
that permits approved institutions of higher education and
designated exchange visitor programs to use existing software
for the collection, storage, and data processing of
information described in paragraph (1).
(B) Attorney general.--To the extent practicable, the
Attorney General shall use or enhance existing software for
the collection, storage, and data processing of information
described in paragraph (1).
(d) Participation by Institutions of Higher Education and
Exchange Visitor Programs.--
(1) Condition.--The information described in subsection (c)
shall be provided by as a condition of--
(A) in the case of an approved institution of higher
education, the continued approval of the institution under
subparagraph (F) or (M) of section 101(a)(15) of the
Immigration and Nationality Act; and

[[Page H11829]]

(B) in the case of an approved institution of higher
education or a designated exchange visitor program, the
granting of authority to issue documents to an alien
demonstrating the alien's eligibility for a visa under
subparagraph (F), (J), or (M) of section 101(a)(15) of such
Act.
(2) Effect of failure to provide information.--If an
approved institution of higher education or a designated
exchange visitor program fails to provide the specified
information, such approvals and such issuance of visas shall
be revoked or denied.
(e) Funding.--
(1) In general.--Beginning on April 1, 1997, an approved
institution of higher education and a designated exchange
visitor program shall impose on, and collect from, each alien
described in paragraph (3), with respect to whom the
institution or program is required by subsection (a) to
collect information, a fee established by the Attorney
General under paragraph (4) at the time--
(A) when the alien first registers with the institution or
program after entering the United States; or
(B) in a case where a registration under subparagraph (A)
does not exist, when the alien first commences activities in
the United States with the institution or program.
(2) Remittance.--An approved institution of higher
education and a designated exchange visitor program
shall remit the fees collected under paragraph (1) to the
Attorney General pursuant to a schedule established by the
Attorney General.
(3) Aliens described.--An alien referred to in paragraph
(1) is an alien who has nonimmigrant status under
subparagraph (F), (J), or (M) of section 101(a)(15) of the
Immigration and Nationality Act (other than a nonimmigrant
under section 101(a)(15)(J) of such Act who has come to the
United States as a participant in a program sponsored by the
Federal Government).
(4) Amount and use of fees.--
(A) Establishment of amount.--The Attorney General shall
establish the amount of the fee to be imposed on, and
collected from, an alien under paragraph (1). Except as
provided in subsection (g)(2), the fee imposed on any
individual may not exceed $100. The amount of the fee shall
be based on the Attorney General's estimate of the cost per
alien of conducting the information collection program
described in this section.
(B) Use.--Fees collected under paragraph (1) shall be
deposited as offsetting receipts into the Immigration
Examinations Fee Account (established under section 286(m) of
the Immigration and Nationality Act) and shall remain
available until expended for the Attorney General to
reimburse any appropriation the amount paid out of which is
for expenses in carrying out this section.
(f) Joint Report.--Not later than 4 years after the
commencement of the program established under subsection (a),
the Attorney General, the Secretary of State, and the
Secretary of Education shall jointly submit to the Committees
on the Judiciary of the Senate and the House of
Representatives a report on the operations of the program and
the feasibility of expanding the program to cover the
nationals of all countries.
(g) Worldwide Applicability of the Program.--
(1) Expansion of program.--
(A) In general.--Not later than 6 months after the
submission of the report required by subsection (f), the
Attorney General, in consultation with the Secretary of State
and the Secretary of Education, shall commence expansion of
the program to cover the nationals of all countries.
(B) Deadline.--Such expansion shall be completed not later
than 1 year after the date of the submission of the report
referred to in subsection (f).
(2) Revision of fee.--After the program has been expanded,
as provided in paragraph (1), the Attorney General may, on a
periodic basis, revise the amount of the fee imposed and
collected under subsection (e) in order to take into account
changes in the cost of carrying out the program.
(h) Definitions.--As used in this section:
(1) Approved institution of higher education.--The term
``approved institution of higher education'' means a college
or university approved by the Attorney General, in
consultation with the Secretary of Education, under
subparagraph (F), (J), or (M) of section 101(a)(15) of the
Immigration and Nationality Act.
(2) Designated exchange visitor program.--The term
``designated exchange visitor program'' means a program that
has been--
(A) designated by the Director of the United States
Information Agency for purposes of section 101(a)(15)(J) of
the Immigration and Nationality Act; and
(B) selected by the Attorney General for purposes of the
program under this section.

SEC. 642. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE
IMMIGRATION AND NATURALIZATION SERVICE.

(a) In General.--Notwithstanding any other provision of
Federal, State, or local law, a Federal, State, or local
government entity or official may not prohibit, or in any way
restrict, any government entity or official from sending to,
or receiving from, the Immigration and Naturalization Service
information regarding the citizenship or immigration status,
lawful or unlawful, of any individual.
(b) Additional Authority of Government Entities.--
Notwithstanding any other provision of Federal, State, or
local law, no person or agency may prohibit, or in any way
restrict, a Federal, State, or local government entity from
doing any of the following with respect to information
regarding the immigration status, lawful or unlawful, of any
individual:
(1) Sending such information to, or requesting or receiving
such information from, the Immigration and Naturalization
Service.
(2) Maintaining such information.
(3) Exchanging such information with any other Federal,
State, or local government entity.
(c) Obligation to Respond to Inquiries.--The Immigration
and Naturalization Service shall respond to an inquiry by a
Federal, State, or local government agency, seeking to verify
or ascertain the citizenship or immigration status of any
individual within the jurisdiction of the agency for any
purpose authorized by law, by providing the requested
verification or status information.

SEC. 643. REGULATIONS REGARDING HABITUAL RESIDENCE.

Not later than 6 months after the date of the enactment of
this Act, the Commissioner of Immigration and Naturalization
shall issue regulations governing rights of ``habitual
residence'' in the United States under the terms of the
following:
(1) The Compact of Free Association between the Government
of the United States and the Governments of the Marshall
Islands and the Federated States of Micronesia (48 U.S.C.
1901 note).
(2) The Compact of Free Association between the Government
of the United States and the Government of Palau (48 U.S.C.
1931 note).

SEC. 644. INFORMATION REGARDING FEMALE GENITAL MUTILATION.

(a) Provision of Information Regarding Female Genital
Mutilation.--The Immigration and Naturalization Service (in
cooperation with the Department of State) shall make
available for all aliens who are issued immigrant or
nonimmigrant visas, prior to or at the time of entry into the
United States, the following information:
(1) Information on the severe harm to physical and
psychological health caused by female genital mutilation
which is compiled and presented in a manner which is limited
to the practice itself and respectful to the cultural values
of the societies in which such practice takes place.
(2) Information concerning potential legal consequences in
the United States for (A) performing female genital
mutilation, or (B) allowing a child under his or her care to
be subjected to female genital mutilation, under criminal or
child protection statutes or as a form of child abuse.
(b) Limitation.--In consultation with the Secretary of
State, the Commissioner of Immigration and Naturalization
shall identify those countries in which female genital
mutilation is commonly practiced and, to the extent
practicable, limit the provision of information under
subsection (a) to aliens from such countries.
(c) Definition.--For purposes of this section, the term
``female genital mutilation'' means the removal or
infibulation (or both) of the whole or part of the clitoris,
the labia minora, or labia majora.

SEC. 645. CRIMINALIZATION OF FEMALE GENITAL MUTILATION.

(a) Findings.--The Congress finds that--
(1) the practice of female genital mutilation is carried
out by members of certain cultural and religious groups
within the United States;
(2) the practice of female genital mutilation often results
in the occurrence of physical and psychological health
effects that harm the women involved;
(3) such mutilation infringes upon the guarantees of rights
secured by Federal and State law, both statutory and
constitutional;
(4) the unique circumstances surrounding the practice of
female genital mutilation place it beyond the ability of any
single State or local jurisdiction to control;
(5) the practice of female genital mutilation can be
prohibited without abridging the exercise of any rights
guaranteed under the first amendment to the Constitution or
under any other law; and
(6) Congress has the affirmative power under section 8 of
article I, the necessary and proper clause, section 5 of the
fourteenth amendment, as well as under the treaty clause, to
the Constitution to enact such legislation.
(b) Crime.--
(1) In general.--Chapter 7 of title 18, United States Code,
is amended by adding at the end the following:

``Sec. 116. Female genital mutilation

``(a) Except as provided in subsection (b), whoever
knowingly circumcises, excises, or infibulates the whole or
any part of the labia majora or labia minora or clitoris of
another person who has not attained the age of 18 years shall
be fined under this title or imprisoned not more than 5
years, or both.
``(b) A surgical operation is not a violation of this
section if the operation is--
``(1) necessary to the health of the person on whom it is
performed, and is performed by a person licensed in the place
of its performance as a medical practitioner; or
``(2) performed on a person in labor or who has just given
birth and is performed for medical purposes connected with
that labor or birth by a person licensed in the place it is
performed as a medical practitioner, midwife, or person in
training to become such a practitioner or midwife.
``(c) In applying subsection (b)(1), no account shall be
taken of the effect on the person on whom the operation is to
be performed of any belief on the part of that person, or any
other person, that the operation is required as a matter of
custom or ritual.''.
(2) Conforming amendment.--The table of sections at the
beginning of chapter 7 of title 18, United States Code, is
amended by adding at the end the following new item:

``116. Female genital mutilation.''.

(c) Effective Date.--The amendments made by subsection (b)
shall take effect on the date

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that is 180 days after the date of the enactment of this Act.

SEC. 646. ADJUSTMENT OF STATUS FOR CERTAIN POLISH AND
HUNGARIAN PAROLEES.

(a) In General.--The Attorney General shall adjust the
status of an alien described in subsection (b) to that of an
alien lawfully admitted for permanent residence if the
alien--
(1) applies for such adjustment;
(2) has been physically present in the United States for at
least 1 year and is physically present in the United States
on the date the application for such adjustment is filed;
(3) is admissible to the United States as an immigrant,
except as provided in subsection (c); and
(4) pays a fee (determined by the Attorney General) for the
processing of such application.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided in subsection (a) shall only apply to an alien who--
(1) was a national of Poland or Hungary; and
(2) was inspected and granted parole into the United States
during the period beginning on November 1, 1989, and ending
on December 31, 1991, after being denied refugee status.
(c) Waiver of Certain Grounds for Inadmissibility.--The
provisions of paragraphs (4), (5), and (7)(A) of section
212(a) of the Immigration and Nationality Act shall not apply
to adjustment of status under this section and the Attorney
General may waive any other provision of such section (other
than paragraph (2)(C) and subparagraphs (A), (B), (C), or (E)
of paragraph (3)) with respect to such an adjustment for
humanitarian purposes, to assure family unity, or when it is
otherwise in the public interest.
(d) Date of Approval.--Upon the approval of such an
application for adjustment of status, the Attorney General
shall create a record of the alien's admission as an alien
lawfully admitted for permanent residence as of the date of
the alien's inspection and parole described in subsection
(b)(2).
(e) No Offset in Number of Visas Available.--When an alien
is granted the status of having been lawfully admitted for
permanent residence under this section, the Secretary of
State shall not be required to reduce the number of immigrant
visas authorized to be issued under the Immigration and
Nationality Act.

SEC. 647. SUPPORT OF DEMONSTRATION PROJECTS.

(a) In General.--The Attorney General shall make available
funds under this section, in each of fiscal years 1997
through 2001, to the Commissioner of Immigration and
Naturalization or to other public or private nonprofit
entities to support demonstration projects under this section
at 10 sites throughout the United States. Each such project
shall be designed to provide for the administration of the
oath of allegiance under section 337(a) of the Immigration
and Nationality Act on a business day around Independence Day
to approximately 500 people whose application for
naturalization has been approved. Each project shall provide
for appropriate outreach and ceremonial and celebratory
activities.
(b) Selection of Sites.--The Attorney General shall, in the
Attorney General's discretion, select diverse locations for
sites on the basis of the number of naturalization applicants
living in proximity to each site and the degree of local
community participation and support in the project to be held
at the site. Not more than 2 sites may be located in the same
State. The Attorney General shall consider changing the sites
selected from year to year.
(c) Amounts Available; Use of Funds.--
(1) Amount.--The amount made available under this section
with respect to any single site for a year shall not exceed
$5,000.
(2) Use.--Funds made available under this section may be
used only to cover expenses incurred in carrying out oath
administration ceremonies at the demonstration sites under
subsection (a), including expenses for--
(A) cost of personnel of the Immigration and Naturalization
Service (including travel and overtime expenses);
(B) rental of space; and
(C) costs of printing appropriate brochures and other
information about the ceremonies.
(3) Availability of funds.--Funds that are otherwise
available to the Immigration and Naturalization Service to
carry out naturalization activities shall be available, to
the extent provided in appropriation Acts, to carry out this
section.
(d) Application.--In the case of an entity other than the
Immigration and Naturalization Service seeking to conduct a
demonstration project under this section, no amounts may be
made available to the entity under this section unless an
appropriate application has been made to, and approved by,
the Attorney General, in a form and manner specified by the
Attorney General.

SEC. 648. SENSE OF CONGRESS REGARDING AMERICAN-MADE PRODUCTS;
REQUIREMENTS REGARDING NOTICE.

(a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent
practicable, all equipment and products purchased with funds
made available under this division should be American-made.
(b) Notice to Recipients of Grants.--In providing grants
under this division, the Attorney General, to the greatest
extent practicable, shall provide to each recipient of a
grant a notice describing the statement made in subsection
(a) by the Congress.

SEC. 649. VESSEL MOVEMENT CONTROLS DURING IMMIGRATION
EMERGENCY.

Section 1 of the Act of June 15, 1917 (50 U.S.C. 191) is
amended in the first sentence by inserting ``or whenever the
Attorney General determines that an actual or anticipated
mass migration of aliens en route to, or arriving off the
coast of, the United States presents urgent circumstances
requiring an immediate Federal response,'' after ``United
States,'' the first place such term appears.

SEC. 650. REVIEW OF PRACTICES OF TESTING ENTITIES.

(a) In General.--The Attorney General shall investigate,
and submit a report to the Committees on the Judiciary of the
House of Representatives and of the Senate regarding, the
practices of entities authorized to administer standardized
citizenship tests pursuant to section 312.3(a) of title 8,
Code of Federal Regulations. The report shall include any
findings of fraudulent practices by such entities.
(b) Preliminary and Final Reports.--Not later than 90 days
after the date of the enactment of this Act, the Attorney
General shall submit to the Committees on the Judiciary of
the House of Representatives and of the Senate a preliminary
report on the investigation conducted under subsection (a).
The Attorney General shall submit to such Committees a final
report on such investigation not later than 275 days after
the submission of the preliminary report.

SEC. 651. DESIGNATION OF A UNITED STATES CUSTOMS
ADMINISTRATIVE BUILDING.

(a) Designation.--The United States Customs Administrative
Building at the Ysleta/Zaragosa Port of Entry located at 797
South Zaragosa Road in El Paso, Texas, is designated as the
``Timothy C. McCaghren Customs Administrative Building''.
(b) Legal References.--Any reference in any law,
regulation, document, record, map, or other paper of the
United States to the building referred to in subsection (a)
is deemed to be a reference to the ``Timothy C. McCaghren
Customs Administrative Building''.

SEC. 652. MAIL-ORDER BRIDE BUSINESS.

(a) Findings.--The Congress finds as follows:
(1) There is a substantial ``mail-order bride'' business in
the United States. With approximately 200 companies in the
United States, an estimated 2,000 to 3,500 men in the United
States find wives through mail-order bride catalogs each
year. However, there are no official statistics available on
the number of mail-order brides entering the United States
each year.
(2) The companies engaged in the mail-order bride business
earn substantial profits.
(3) Although many of these mail-order marriages work out,
in many other cases, anecdotal evidence suggests that mail-
order brides find themselves in abusive relationships. There
is also evidence to suggest that a substantial number of
mail-order marriages are fraudulent under United States law.
(4) Many mail-order brides come to the United States
unaware or ignorant of United States immigration law. Mail-
order brides who are battered often think that if they flee
an abusive marriage, they will be deported. Often the
citizen spouse threatens to have them deported if they
report the abuse.
(5) The Immigration and Naturalization Service estimates
that the rate of marriage fraud between foreign nationals and
United States citizens or aliens lawfully admitted for
permanent residence is 8 percent. It is unclear what
percentage of these marriage fraud cases originate as mail-
order marriages.
(b) Information Dissemination.--
(1) Requirement.--Each international matchmaking
organization doing business in the United States shall
disseminate to recruits, upon recruitment, such immigration
and naturalization information as the Immigration and
Naturalization Service deems appropriate, in the recruit's
native language, including information regarding conditional
permanent residence status and the battered spouse waiver
under such status, permanent resident status, marriage fraud
penalties, the unregulated nature of the business engaged in
by such organizations, and the study required under
subsection (c).
(2) Civil penalty.--
(A) Violation.--Any international matchmaking organization
that the Attorney General determines has violated subsection
(b) shall be subject, in addition to any other penalties that
may be prescribed by law, to a civil money penalty of not
more than $20,000 for each such violation.
(B) Procedures for imposition of penalty.--Any penalty
under subparagraph (A) may be imposed only after notice and
opportunity for an agency hearing on the record in accordance
with sections 554 through 557 of title 5, United States Code.
(c) Study.--The Attorney General, in consultation with the
Commissioner of Immigration and Naturalization and the
Director of the Violence Against Women Initiative of the
Department of Justice, shall conduct a study of mail-order
marriages to determine, among other things--
(1) the number of such marriages;
(2) the extent of marriage fraud in such marriages,
including an estimate of the extent of marriage fraud arising
from the services provided by international matchmaking
organizations;
(3) the extent to which mail-order spouses utilize section
244(a)(3) of the Immigration and Nationality Act (providing
for suspension of deportation in certain cases involving
abuse), or section 204(a)(1)(A)(iii) of such Act (providing
for certain aliens who have been abused to file a
classification petition on their own behalf);
(4) the extent of domestic abuse in mail-order marriages;
and
(5) the need for continued or expanded regulation and
education to implement the objectives of the Violence Against
Women Act of 1994 and the Immigration Marriage Fraud
Amendments of 1986 with respect to mail-order marriages.
(d) Report.--Not later than 1 year after the date of the
enactment of this Act, the Attorney General shall submit a
report to the Committees on the Judiciary of the House of
Representatives

[[Page H11831]]

and of the Senate setting forth the results of the study
conducted under subsection (c).
(e) Definitions.--As used in this section:
(1) International matchmaking organization.--
(A) In general.--The term ``international matchmaking
organization'' means a corporation, partnership, business, or
other legal entity, whether or not organized under the laws
of the United States or any State, that does business in the
United States and for profit offers to United States citizens
or aliens lawfully admitted for permanent residence, dating,
matrimonial, or social referral services to nonresident
noncitizens, by--
(i) an exchange of names, telephone numbers, addresses, or
statistics;
(ii) selection of photographs; or
(iii) a social environment provided by the organization in
a country other than the United States.
(B) Exception.--Such term does not include a traditional
matchmaking organization of a religious nature that otherwise
operates in compliance with the laws of the countries of the
recruits of such organization and the laws of the United
States.
(2) Recruit.--The term ``recruit'' means a noncitizen,
nonresident person, recruited by the international
matchmaking organization for the purpose of providing dating,
matrimonial, or social referral services to United States
citizens or aliens lawfully admitted for permanent residence.

SEC. 653. REVIEW AND REPORT ON H-2A NONIMMIGRANT WORKERS
PROGRAM.

(a) Sense of the Congress.--It is the sense of the Congress
that the H2-A nonimmigrant worker program should be reviewed
and may need improvement in order to meet the need of
producers of labor-intensive agricultural commodities and
livestock in the United States for an adequate workforce.
(b) Review.--The Comptroller General shall review the
effectiveness of the H-2A nonimmigrant worker program to
ensure that the program provides a sufficient supply of
agricultural labor in the event of future shortages of
domestic workers after the enactment of this Act. Among other
things, the Comptroller General shall review the H-2A
nonimmigrant worker program to determine--
(1) whether the program ensures that an adequate supply of
qualified United States workers is available at the time and
place needed for employers seeking such workers after the
date of enactment of this Act;
(2) whether the program ensures that there is timely
approval of applications for temporary foreign workers under
the program in the event of shortages of United States
workers after the date of the enactment of this Act;
(3) whether the program ensures that implementation of the
program is not displacing United States agricultural workers
or diminishing the terms and conditions of employment of
United States agricultural workers;
(4) if, and to what extent, the program is contributing to
the problem of illegal immigration; and
(5) that the program adequately meets the needs of
agricultural employers for all types of temporary foreign
agricultural workers, including higher-skilled workers in
occupations which require a level of specific vocational
preparation of 4 or higher (as described in the 4th edition
of the Dictionary of Occupational Title, published by the
Department of Labor).
(c) Report.--Not later than December 31, 1996, or 3 months
after the date of the enactment of this Act, whichever occurs
earlier, the Comptroller General shall submit a report to the
appropriate committees of the Congress setting forth the
conclusions of the Comptroller General from the review
conducted under subsection (b).
(d) Definitions.--As used in this section:
(1) The term ``Comptroller General'' means the Comptroller
General of the United States.
(2) The term ``H-2A nonimmigrant worker program'' means the
program for the admission of nonimmigrant aliens described in
section 101(a)(15)(H)(ii)(a) of the Immigration and
Nationality Act.

SEC. 654. REPORT ON ALLEGATIONS OF HARASSMENT BY CANADIAN
CUSTOMS AGENTS.

(a) Study and Review.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Commissioner of the United
States Customs Service shall initiate a study of harassment
by Canadian customs agents allegedly undertaken for the
purpose of deterring cross-border commercial activity along
the United States-New Brunswick border. Such study shall
include a review of the possible connection between any
incidents of harassment and the discriminatory imposition of
the New Brunswick provincial sales tax on goods purchased in
the United States by New Brunswick residents, and with any
other actions taken by the Canadian provincial governments to
deter cross-border commercial activities.
(2) Consultation.--In conducting the study under paragraph
(1), the Commissioner of the United States Customs Service
shall consult with representatives of the State of Maine,
local governments, local businesses, and any other
knowledgeable persons who the Commissioner considers to be
important to the completion of the study.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Commissioner of the United States
Customs Service shall submit to the Committees on the
Judiciary of the House of Representatives and of the Senate a
report on the study and review conducted under subsection
(a). The report shall include recommendations for steps that
the United States Government can take to help end any
harassment by Canadian customs agents that is found to have
occurred.

SEC. 655. SENSE OF CONGRESS ON DISCRIMINATORY APPLICATION OF
NEW BRUNSWICK PROVINCIAL SALES TAX.

(a) Findings.--The Congress finds as follows:
(1) In July 1993, Canadian customs officers began
collecting an 11 percent New Brunswick provincial sales tax
on goods purchased in the United States by New Brunswick
residents, an action that has caused severe economic harm to
United States businesses located in proximity to the border
with New Brunswick.
(2) This impediment to cross-border trade compounds the
damage already done from the Canadian Government's imposition
of a 7 percent tax on all goods bought by Canadians in the
United States.
(3) Collection of the New Brunswick provincial sales tax on
goods purchased outside of New Brunswick is effected only
along the United States-Canadian border, not along New
Brunswick's borders with other Canadian provinces; the tax is
thus being administered by Canadian authorities in a manner
uniquely discriminatory to Canadians shopping in the United
States.
(4) In February 1994, the United States Trade
Representative publicly stated an intention to seek redress
from the discriminatory application of the New Brunswick
provincial sales tax under the dispute resolution process in
chapter 20 of the North American Free Trade Agreement
(NAFTA), but the United States Government has still not made
such a claim under NAFTA procedures.
(5) Initially, the United States Trade Representative
argued that filing a New Brunswick provincial sales tax claim
was delayed only because the dispute mechanism under NAFTA
had not yet been finalized, but more than a year after such
mechanism has been put in place, the claim has still not been
put forward by the United States Trade Representative.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the provincial sales tax levied by the Canadian
province of New Brunswick on Canadian citizens of that
province who purchase goods in the United States--
(A) raises questions about a possible violation of the
North American Free Trade Agreement in the discriminatory
application of the tax to cross-border trade with the United
States; and
(B) damages good relations between the United States and
Canada; and
(2) the United States Trade Representative should move
forward without further delay in seeking redress under the
dispute resolution process in chapter 20 of the North
American Free Trade Agreement for the violation.

SEC. 656. IMPROVEMENTS IN IDENTIFICATION-RELATED DOCUMENTS.

(a) Birth Certificates.--
(1) Standards for acceptance by federal agencies.--
(A) In general.--
(i) General rule.--Subject to clause (ii), a Federal agency
may not accept for any official purpose a certificate of
birth, unless the certificate--

(I) is a birth certificate (as defined in paragraph (3));
and
(II) conforms to the standards set forth in the regulation
promulgated under subparagraph (B).

(ii) Applicability.--Clause (i) shall apply only to a
certificate of birth issued after the day that is 3 years
after the date of the promulgation of a final regulation
under subparagraph (B). Clause (i) shall not be construed to
prevent a Federal agency from accepting for official purposes
any certificate of birth issued on or before such day.
(B) Regulation.--
(i) Consultation with government agencies.--The President
shall select 1 or more Federal agencies to consult with State
vital statistics offices, and with other appropriate Federal
agencies designated by the President, for the purpose of
developing appropriate standards for birth certificates that
may be accepted for official purposes by Federal agencies, as
provided in subparagraph (A).
(ii) Selection of lead agency.--Of the Federal agencies
selected under clause (i), the President shall select 1
agency to promulgate, upon the conclusion of the consultation
conducted under such clause, a regulation establishing
standards of the type described in such clause.
(iii) Deadline.--The agency selected under clause (ii)
shall promulgate a final regulation under such clause not
later than the date that is 1 year after the date of the
enactment of this Act.
(iv) Minimum requirements.--The standards established under
this subparagraph--

(I) at a minimum, shall require certification of the birth
certificate by the State or local custodian of record that
issued the certificate, and shall require the use of safety
paper, the seal of the issuing custodian of record, and other
features designed to limit tampering, counterfeiting, and
photocopying, or otherwise duplicating, the birth certificate
for fraudulent purposes;
(II) may not require a single design to which birth
certificates issued by all States must conform; and
(III) shall accommodate the differences between the States
in the manner and form in which birth records are stored and
birth certificates are produced from such records.

(2) Grants to states.--
(A) Assistance in meeting federal standards.--
(i) In general.--Beginning on the date a final regulation
is promulgated under paragraph (1)(B), the Secretary of
Health and Human Services, acting through the Director of the
National Center for Health Statistics and after consulting
with the head of any other agency designated by the
President, shall make grants to States to assist them in
issuing birth certificates that conform to the standards set
forth in the regulation.

[[Page H11832]]

(ii) Allocation of grants.--The Secretary shall provide
grants to States under this subparagraph in proportion to the
populations of the States applying to receive a grant and in
an amount needed to provide a substantial incentive for
States to issue birth certificates that conform to the
standards described in clause (i).
(B) Assistance in matching birth and death records.--
(i) In general.--The Secretary of Health and Human
Services, acting through the Director of the National Center
for Health Statistics and after consulting with the head of
any other agency designated by the President, shall make
grants to States to assist them in developing the capability
to match birth and death records, within each State and among
the States, and to note the fact of death on the birth
certificates of deceased persons. In developing the
capability described in the preceding sentence, a State that
receives a grant under this subparagraph shall focus first on
individuals born after 1950.
(ii) Allocation and amount of grants.--The Secretary shall
provide grants to States under this subparagraph in
proportion to the populations of the States applying to
receive a grant and in an amount needed to provide a
substantial incentive for States to develop the capability
described in clause (i).
(C) Demonstration projects.--The Secretary of Health and
Human Services, acting through the Director of the National
Center for Health Statistics, shall make grants to States for
a project in each of 5 States to demonstrate the feasibility
of a system under which persons otherwise required to report
the death of individuals to a State would be required to
provide to the State's office of vital statistics sufficient
information to establish the fact of death of every
individual dying in the State within 24 hours of acquiring
the information.
(3) Birth certificate.--As used in this subsection, the
term ``birth certificate'' means a certificate of birth--
(A) of--
(i) an individual born in the United States; or
(ii) an individual born abroad--

(I) who is a citizen or national of the United States at
birth; and
(II) whose birth is registered in the United States; and

(B) that--
(i) is a copy, issued by a State or local authorized
custodian of record, of an original certificate of birth
issued by such custodian of record; or
(ii) was issued by a State or local authorized custodian of
record and was produced from birth records maintained by such
custodian of record.
(b) State-Issued Drivers Licenses and Comparable
Identification Documents.--
(1) Standards for acceptance by federal agencies.--
(A) In general.--A Federal agency may not accept for any
identification-related purpose a driver's license, or other
comparable identification document, issued by a State, unless
the license or document satisfies the following requirements:
(i) Application process.--The application process for the
license or document shall include the presentation of such
evidence of identity as is required by regulations
promulgated by the Secretary of Transportation after
consultation with the American Association of Motor Vehicle
Administrators.
(ii) Social security number.--Except as provided in
subparagraph (B), the license or document shall contain a
social security account number that can be read visually or
by electronic means.
(iii) Form.--The license or document otherwise shall be in
a form consistent with requirements set forth in regulations
promulgated by the Secretary of Transportation after
consultation with the American Association of Motor Vehicle
Administrators. The form shall contain security features
designed to limit tampering, counterfeiting, photocopying, or
otherwise duplicating, the license or document for fraudulent
purposes and to limit use of the license or document by
impostors.
(B) Exception.--The requirement in subparagraph (A)(ii)
shall not apply with respect to a driver's license or other
comparable identification document issued by a State, if the
State--
(i) does not require the license or document to contain a
social security account number; and
(ii) requires--

(I) every applicant for a driver's license, or other
comparable identification document, to submit the applicant's
social security account number; and
(II) an agency of the State to verify with the Social
Security Administration that such account number is valid.

(C) Deadline.--The Secretary of Transportation shall
promulgate the regulations referred to in clauses (i) and
(iii) of subparagraph (A) not later than 1 year after the
date of the enactment of this Act.
(2) Grants to states.--Beginning on the date final
regulations are promulgated under paragraph (1), the
Secretary of Transportation shall make grants to States to
assist them in issuing driver's licenses and other comparable
identification documents that satisfy the requirements under
such paragraph.
(3) Effective dates.--
(A) In general.--Except as otherwise provided in this
paragraph, this subsection shall take effect on the date of
the enactment of this Act.
(B) Prohibition on federal agencies.--Subparagraphs (A) and
(B) of paragraph (1) shall take effect beginning on October
1, 2000, but shall apply only to licenses or documents issued
to an individual for the first time and to replacement or
renewal licenses or documents issued according to State law.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall submit a report to the Congress on ways to
reduce the fraudulent obtaining and the fraudulent use of
birth certificates, including any such use to obtain a social
security account number or a State or Federal document
related to identification or immigration.
(d) Federal Agency Defined.--For purposes of this section,
the term ``Federal agency'' means any of the following:
(1) An Executive agency (as defined in section 105 of title
5, United States Code).
(2) A military department (as defined in section 102 of
such title).
(3) An agency in the legislative branch of the Government
of the United States.
(4) An agency in the judicial branch of the Government of
the United States.

SEC. 657. DEVELOPMENT OF PROTOTYPE OF COUNTERFEIT-RESISTANT
SOCIAL SECURITY CARD.

(a) Development.--
(1) In general.--The Commissioner of Social Security (in
this section referred to as the ``Commissioner'') shall, in
accordance with the provisions of this section, develop a
prototype of a counterfeit-resistant social security card.
Such prototype card--
(A) shall be made of a durable, tamper-resistant material
such as plastic or polyester;
(B) shall employ technologies that provide security
features, such as magnetic stripes, holograms, and integrated
circuits; and
(C) shall be developed so as to provide individuals with
reliable proof of citizenship or legal resident alien status.
(2) Assistance by attorney general.--The Attorney General
shall provide such information and assistance as the
Commissioner deems necessary to achieve the purposes of this
section.
(b) Studies and Reports.--
(1) In general.--The Comptroller General and the
Commissioner of Social Security shall each conduct a study,
and issue a report to the Congress, that examines different
methods of improving the social security card application
process.
(2) Elements of studies.--The studies shall include
evaluations of the cost and work load implications of issuing
a counterfeit-resistant social security card for all
individuals over a 3, 5, and 10 year period. The studies
shall also evaluate the feasibility and cost implications of
imposing a user fee for replacement cards and cards issued to
individuals who apply for such a card prior to the scheduled
3, 5, and 10 year phase-in options.
(3) Distribution of reports.--Copies of the reports
described in this subsection, along with facsimiles of the
prototype cards as described in subsection (a), shall be
submitted to the Committees on Ways and Means and Judiciary
of the House of Representatives and the Committees on Finance
and Judiciary of the Senate not later than 1 year after the
date of the enactment of this Act.

SEC. 658. BORDER PATROL MUSEUM.

(a) Authority.--Notwithstanding section 203 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
484) or any other provision of law, the Attorney General is
authorized to transfer and convey to the Border Patrol Museum
and Memorial Library Foundation, incorporated in the State of
Texas, such equipment, artifacts, and memorabilia held by the
Immigration and Naturalization Service as the Attorney
General may determine is necessary to further the purposes of
the Museum and Foundation.
(b) Technical Assistance.--The Attorney General is
authorized to provide technical assistance, through the
detail of personnel of the Immigration and Naturalization
Service, to the Border Patrol Museum and Memorial Library
Foundation for the purpose of demonstrating the use of the
items transferred under subsection (a).

SEC. 659. SENSE OF THE CONGRESS REGARDING THE MISSION OF THE
IMMIGRATION AND NATURALIZATION SERVICE.

It is the sense of the Congress that the mission statement
of the Immigration and Naturalization Service should include
a statement that it is the responsibility of the Service to
detect, apprehend, and remove those aliens unlawfully present
in the United States, particularly those aliens involved in
drug trafficking or other criminal activity.

SEC. 660. AUTHORITY FOR NATIONAL GUARD TO ASSIST IN
TRANSPORTATION OF CERTAIN ALIENS.

Section 112(d)(1) of title 32, United States Code, is
amended by adding at the end the following new sentence:
``The plan as approved by the Secretary may provide for the
use of personnel and equipment of the National Guard of that
State to assist the Immigration and Naturalization Service in
the transportation of aliens who have violated a Federal or
State law prohibiting or regulating the possession, use, or
distribution of a controlled substance.''.