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and its penetration to the interior of our coun-
try;
(C) a permanent redeployment of Border
Patrol agents from interior stations is not the
most cost-effective way to meet enforcement needs
along the Southwest border, and should only be
done where new Border Patrol agents cannot
practicably be assigned to meet enforcement
needs along the Southwest border; and
(D) the INS should hire, train and assign
new staff based on a strong Border Patrol pres-
ence both on the Southwest border and in inte-
rior stations that support border enforcement.
SEC. 323. ADMINISTRATIVE REVIEW OF ORDERS.
(a) Section 274A(e)(7) is amended by striking the
phrase ‘‘, within 30 days,’’.
(b) Section 274C(d)(4) is amended by striking the
phrase ‘‘, within 30 days,’’.
SEC. 324. SOCIAL SECURITY ACT.
Section 1173(d)(4)(B)) of the Social Security Act (42
U.S.C. 1320b–7(d)(4)(B)) is amended by striking clause (i)
and inserting the following new clause:
‘‘(i) the State shall transmit to the Im-
migration and Naturalization Service either
photostatic or other similar copies of such
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documents, or information from such docu-
ments, as specified by the Immigration and
Naturalization Service, for official verifica-
tion,’’.
SEC. 325. HOUSING AND COMMUNITY DEVELOPMENT ACT
OF 1980.
Section 214(d)(4)(B) of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a(d)(4)(B)) is
amended by striking clause (i) and inserting the following
new clause:
‘‘(i) the Secretary shall transmit to the
Immigration and Naturalization Service ei-
ther photostatic or other similar copies of
such documents, or information from such
documents, as specified by the Immigration
and Naturalization Service, for official ver-
ification,’’.
SEC. 326. HIGHER EDUCATION ACT OF 1965.
Section 484(g)(B) of the Higher Education Act of 1965
(20 U.S.C. 1091(g)(4)(B)) is amended by striking clause
(i) and inserting the following new clause:
‘‘(i) the institution shall transmit to
the Immigration and Naturalization Serv-
ice either photostatic or other similar copies
of such documents, or information from
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such documents, as specified by the Immi-
gration and Naturalization Service, for offi-
cial verification,’’.
SEC. 327. LAND ACQUISITION AUTHORITY.
Section 103 of the Immigration and Nationality Act
(8 U.S.C. 1103) is amended by redesignating subsections
(b), (c), and (d) as subsections (c), (d), and (e) accordingly,
and inserting the following new subsection (b):
‘‘(b)(1) The Attorney General may contract for or buy
any interest in land, including temporary use rights, adja-
cent to or in the vicinity of an international land border
when the Attorney General deems the land essential to con-
trol and guard the boundaries and borders of the United
States against any violation of this Act.
‘‘(2) The Attorney General may contract for or buy
any interest in land identified pursuant to subsection (a)
as soon as the lawful owner of that interest fixes a price
for it and the Attorney General considers that price to be
reasonable.
‘‘(3) When the Attorney General and the lawful owner
of an interest identified pursuant to subsection (a) are un-
able to agree upon a reasonable price, the Attorney General
may commence condemnation proceedings pursuant to sec-
tion 257 of title 40, United States Code.
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‘‘(4) The Attorney General may accept for the United
States a gift of any interest in land identified pursuant
to subsection (a).’’.
SEC. 328. SERVICES TO FAMILY MEMBERS OF INS OFFICERS
KILLED IN THE LINE OF DUTY.
SEC. 294. [8 U.S.C. 1364]—TRANSPORTATION OF THE
REMAINS OF IMMIGRATION OFFICERS AND BORDER PA-
TROL AGENTS KILLED IN THE LINE OF DUTY.
(a) Nothwithstanding any other provision of law, the
Attorney General may expend appropriated funds to pay
for—
(1) the transportation of the remains of any Im-
migration Officer or Border Patrol agent killed in the
line of duty to a place of burial located in the United
States, the Commonwealth of Puerto Rico, or the ter-
ritories and possessions of the United States;
(2) the transportation of the decedent’s spouse
and minor children to and from the same site at rates
no greater than those established for official govern-
ment travel; and
(3) any other memorial service sanctioned by the
Department of Justice.
(b) The Department of Justice may prepay the costs
of any transportation authorized by this section.
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SEC. 329. POWERS AND DUTIES OF THE ATTORNEY GEN-
ERAL AND THE COMMISSIONER.
Section 103 of the Immigration and Nationality Act
(8 U.S.C. 1103) is amended in subsection (a) by adding
the following after the last sentence of that subsection:
‘‘The Attorney General, in support of persons in adminis-
trative detention in non-Federal institutions, is authorized
to make payments from funds appropriated for the admin-
istration and enforcement of the laws relating to immigra-
tion, naturalization, and alien registration for necessary
clothing, medical care, necessary guard hire, and the hous-
ing, care, and security of persons detained by the Service
pursuant to Federal law under intergovernmental service
agreements with State or local units of government. The At-
torney General, in support of persons in administrative de-
tention in non-Federal institutions, is further authorized
to enter into cooperative agreements with any State, terri-
tory, or political subdivision thereof, for the necessary con-
struction, physical renovation, acquisition of equipment,
supplies or materials required to establish acceptable condi-
tions of confinement and detention services in any State
or local jurisdiction which agrees to provide guaranteed bed
space for persons detained by the Immigration and Natu-
ralization Service.’’.
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Section 103 of the Immigration and Nationality Act
(8 U.S.C. 1103) is amended in subsection (b) by adding
the following:
‘‘The Commissioner may enter into cooperative agreements
with State and local law enforcement agencies for the pur-
pose of assisting in the enforcement of the immigration laws
of the United States.’’.
SEC. 330. PRECLEARANCE AUTHORITY.
Section 103(a) of the Immigration and Nationality
Act (8 U.S.C. 1103(a)) is amended by adding at the end
the following:
‘‘After consultation with the Secretary of State, the Attor-
ney General may authorize officers of a foreign country to
be stationed at preclearance facilities in the United States
for the purpose of ensuring that persons traveling from or
through the United States to that foreign country comply
with that country’s immigration and related laws. Those
officers may exercise such authority and perform such du-
ties as United States immigration officers are authorized
to exercise and perform in that foreign country under recip-
rocal agreement, and they shall enjoy such reasonable privi-
leges and immunities necessary for the performance of their
duties as the government of their country extends to United
States immigration officers.’’.
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SEC. 331. CONFIDENTIALITY PROVISION FOR CERTAIN
ALIEN BATTERED SPOUSES AND CHILDREN.
(a) IN GENERAL.—With respect to information pro-
vided pursuant to section 150(b)(C) of this Act and except
as provided in subsection (b), in no case may the Attorney
General, or any other official or employee of the Depart-
ment of Justice (including any bureau or agency of such
department)—
(1) make an adverse determination of admissi-
bility or deportability of an alien under the Immigra-
tion and Nationality Act using only information fur-
nished solely by—
(A) a spouse or parent who has battered the
alien or the alien’s children or subjected the alien
or the alien’s children to extreme cruelty, or
(B) a member of the alien’s spouse’s or par-
ent’s family who has battered the alien or the
alien’s child or subjected the alien or alien’s
child to extreme cruelty,
unless the alien has been convicted of a crime or
crimes listed in section 241(a)(2) of the Immigration
and Nationality Act;
(2) make any publication whereby information
furnished by any particular individual can be identi-
fied;
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(3) permit anyone other than the sworn officers
and employees of the Department, bureau or agency,
who needs to examine such information for legitimate
Department, bureau, or agency purposes, to examine
any publication of any individual who files for relief
as a person who has been battered or subjected to ex-
treme cruelty.
(b) EXCEPTIONS.—(1) The Attorney General may pro-
vide for the furnishing of information furnished under this
section in the same manner and circumstances as census
information may be disclosed by the Secretary of Commerce
under section 8 of title 13, United States Code.
(2) The Attorney General may provide for the furnish-
ing of information furnished under this section to law en-
forcement officials to be used solely for legitimate law en-
forcement purposes.
SEC. 332. DEVELOPMENT OF PROTOTYPE OF COUNTERFEIT-
RESISTANT 
SOCIAL 
SECURITY 
CARD 
RE-
QUIRED.
(a) DEVELOPMENT.—
(1) IN GENERAL.—The Commissioner of Social
Security (hereafter in this section referred to as the
‘‘Commissioner’’) shall in accordance with the provi-
sions of this section develop a prototype of a counter-
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feit-resistant social security card. Such prototype card
shall—
(A) be made of a durable, tamper-resistant
material such as plastic or polyester,
(B) employ technologies that provide secu-
rity 
features, 
such 
as 
magnetic 
stripes,
holograms, and integrated circuits, and
(C) be developed so as to provide individ-
uals with reliable proof of citizenship or legal
resident alien status.
(2) ASSISTANCE BY ATTORNEY GENERAL.—The
Attorney General of the United States shall provide
such information and assistance as the Commissioner
deems necessary to achieve the purposes of this sec-
tion.
(b) STUDY AND REPORT.—
(1) IN GENERAL.—The Commissioner shall con-
duct a study and issue a report to Congress which ex-
amines different methods of improving the social secu-
rity card application process.
(2) ELEMENTS OF STUDY.—The study shall in-
clude an evaluation of the cost and work load impli-
cations of issuing a counterfeit-resistant social secu-
rity card for all individuals over a 3, 5, and 10 year
period. The study shall also evaluate the feasibility
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and cost implications of imposing a user fee for re-
placement 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 REPORT.—Copies of the re-
port described in this subsection along with a fac-
simile of the prototype card 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 within 1 year of the date of the enactment of
this Act.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated and are appropriated from
the Federal Old-Age and Survivors Insurance Trust Fund
such sums as may be necessary to carry out the purposes
of this section.
SEC. 333. REPORT ON ALLEGATIONS OF HARASSMENT BY
CANADIAN CUSTOMS AGENTS.
(a) STUDY AND REVIEW.—(1) Not later than 30 days
after the enactment of this Act, the Commissioner of the
United States Customs Service shall initiate a study of alle-
gations of harassment by Canadian Customs agents for the
purpose of deterring cross-border commercial activity along
the United States-New Brunswick border. Such study shall
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include a review of the possible connection between any in-
cidents of harassment with the discriminatory imposition
of the New Brunswick Provincial Sales Tax (PST) tax on
goods purchased in the United States by New Brunswick
residents, and with any other activities taken by the Cana-
dian provincial and Federal Governments to deter cross-
border commercial activities.
(2) In conducting the study in subparagraph (1), the
Commissioner shall consult with representatives of the State
of Maine, local governments, local businesses, and any other
knowledgeable persons that the Commissioner deems impor-
tant to the completion of the study.
(b) REPORT.—Not later than 120 days after enactment
of this Act, the Commissioner of the United States Customs
Service shall submit to Congress a report of the study and
review detailed in subsection (a). The report shall also in-
clude recommendations for steps that the United States
Government can take to help end harassment by Canadian
Customs agents found to have occurred.
SEC. 334. SENSE OF CONGRESS ON THE DISCRIMINATORY
APPLICATION OF THE NEW BRUNSWICK PRO-
VINCIAL SALES TAX.
(a) FINDINGS.—The Congress finds that—
(1) in July 1993, Canadian Customs officers
began collecting an 11 percent New Brunswick Pro-
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vincial Sales Tax (PST) tax on goods purchased in
the United States by New Brunswick residents, an ac-
tion 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 com-
pounds 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 Bruns-
wick is collected only along the United States-Cana-
dian border—not along New Brunswick’s borders
with other Canadian provinces—thus being adminis-
tered by Canadian authorities in a manner uniquely
discriminatory to Canadians shopping in the United
States;
(4) in February 1994, the United States Trade
Representative (USTR) publicly stated an intention
to seek redress from the discriminatory application of
the PST under the dispute resolution process in chap-
ter 20 of the North American Free Trade Agreement
(NAFTA), but the United States Government has still
not made such a claim under NAFTA procedures; and
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(5) initially, the USTR argued that filing a
PST 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 PST claim has still not been put
forward by the USTR.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that—
(1) the Provincial Sales Tax levied by the Cana-
dian Province of New Brunswick on Canadian citi-
zens of that province who purchase goods in the Unit-
ed States raises questions about the possible violation
of the North American Free Trade Agreement in its
discriminatory application to cross-border trade with
the United States and 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 discriminatory application of the New Brunswick
Provincial Sales Tax on United States-Canada cross-
border trade.
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SEC. 335. FEMALE GENITAL MUTILATION.
(a) CONGRESSIONAL FINDINGS.—The Congress finds
that—
(1) the practice of female genital mutilation is
carried out by members of certain cultural and reli-
gious groups within the United States;
(2) the practice of female genital mutilation
often results in the occurrence of physical and psycho-
logical health effects that harm the women involved;
(3) such mutilation infringes upon the guaran-
tees 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 of the Constitution to enact
such legislation.
(b) CRIMINAL CONDUCT.—
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(1) IN GENERAL.—Chapter 7 of title 18, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 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 sec-
tion 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 pur-
poses 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 or any
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other person that the operation is required as a matter of
custom or ritual.
‘‘(d) Whoever knowingly denies to any person medical
care or services or otherwise discriminates against any per-
son in the provision of medical care or services, because—
‘‘(1) that person has undergone female circumci-
sion, excision, or infibulation; or
‘‘(2) that person has requested that female cir-
cumcision, excision, or infibulation be performed on
any person;
shall be fined under this title or imprisoned not more than
one year, or both.’’.
(2) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 7 of title 18, United
States Code, is amended by adding at the end the fol-
lowing new item:
‘‘116. Female genital mutilation.’’.
(c) EFFECTIVE DATE.—Subsection (b) shall take effect
on the date that is 180 days after the date of the enactment
of this Act.
Attest:
Secretary.
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