UNITED STATES OF AMERICA. Public Law No. 104-208, 30 September 1996.
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Sec. 579. <<NOTE: 22 USC 262k-2.>> (a) Limitation.--Beginning 1
year after the date of the enactment of this Act, the Secretary of the
Treasury shall instruct the United States Executive Director of each
international financial institution to use the voice and vote of the
United States to oppose any loan or other utilization of the funds of
their respective institution, other than to address basic human needs,
for the government of any country which the Secretary of the Treasury
(1) has, as a cultural custom, a known history of the
practice of female genital mutilation; and
(2) has not taken steps to implement educational programs
designed to prevent the practice of female genital mutilation.
(b) Definition.--For purposes of this section, the term
``international financial institution'' shall include the institutions
identified in section 532(b) of this Act.
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SEC. 644. <<NOTE: 8 USC 1374.>> INFORMATION REGARDING FEMALE TAL
(a) Provision of Information Regarding Female tal 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 tal 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 tal mutilation,
or (B) allowing a child under his or her care to be subjected to
female tal 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
tal 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
tal 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 TAL MUTILATION.
(a) <<NOTE: 18 USC 116 note.>> Findings.--The Congress finds that--
(1) the practice of female tal mutilation is carried out
by members of certain cultural and religious groups within the
(2) the practice of female tal 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
(4) the unique circumstances surrounding the practice of
female tal mutilation place it beyond the ability of any
single State or local jurisdiction to control;
(5) the practice of female tal mutilation can be
prohibited without abridging the exercise of any rights
guaranteed under the first amendment to the Constitution or under any other
(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.
(1) In general.--Chapter 7 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 116. Female
``(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
``(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 tal mutilation.''.
(c) <<NOTE: 18 USC 116 note.>> Effective Date.--The amendments made
by subsection (b) shall take effect on the date that is 180 days after
the date of the enactment of this Act.
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