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103D CONGRESS

1ST SESSION H. R. 3247

To amend title 18, United States Code, to carry out certain obligations

of the United States under the International Covenant on Civil and

Political Rights by prohibiting the practice of female circumcision, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 7, 1993

Mrs. SCHROEDER (for herself and Miss COLLINS of Michigan) introduced the

following bill; which was referred jointly to the Committees on the Judiciary and Energy and Commerce

A BILL

To amend title 18, United States Code, to carry out certain

obligations of the United States under the International

Covenant on Civil and Political Rights by prohibiting

the practice of female circumcision, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Prohibition

5 of Female Genital Mutilation Act of 1993’’.
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1 SEC. 2. TITLE 18 AMENDMENT.

2 (a) IN GENERAL.—Chapter 7 of title 18, United

3 States Code, is amended by adding at the end the follow4 ing new section:

5 ‘‘§ 116. Female genital mutilation

6 ‘‘(a) Except as provided in subsection (b), whoever

7 knowingly circumcises, excises, or infibulates the whole or

8 any part of the labia majora or labia minora or clitoris

9 of another person who has not attained the age of 18 years

10 shall be fined under this title or imprisoned not more than

11 5 years, or both.

12 ‘‘(b) A surgical operation is not a violation of this

13 section if the operation is—

14 ‘‘(1) necessary to the health of the person on

15 whom it is performed, and is performed by a person

16 licensed in the place of its performance as a medical

17 practitioner; or

18 ‘‘(2) performed on a person in labor or who has

19 just given birth and is performed for medical pur20 poses connected with that labor or birth by a person

21 licensed in the place it is performed as a medical

22 practitioner, midwife, or person in training to be23 come such a practitioner or midwife.

24 ‘‘(c) In applying subsection (b)(1), no account shall

25 be taken of the effect on the person on whom the operation

26 is to be performed of any belief on the part of that or
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1 any other person that the operation is required as a mat2 ter of custom or ritual.

3 ‘‘(d) Whoever knowingly denies to any person medical

4 care or services or otherwise discriminates against any

5 person in the provision of medical care or services, be6 cause—

7 ‘‘(1) that person has undergone female cir8 cumcision, excision, or infibulation; or

9 ‘‘(2) that person has requested that female cir10 cumcision, excision, or infibulation be performed on

11 any person;

12 shall be fined under this title or imprisoned not more than

13 one year, or both.’’.

14 (b) CLERICAL AMENDMENT.—The table of sections

15 at the beginning of chapter 7 of title 18, United States

16 Code, is amended by adding at the end the following new

17 item:

‘‘116. Female genital mutilation.’’.

18 SEC. 3. EDUCATION AND OUTREACH.

19 The Secretary of Health and Human Services shall

20 carry out appropriate education, preventive, and outreach

21 activities in communities that traditionally practice female

22 circumcision, excision, or infibulation, to inform people in

23 those communities about the health risks and emotional

24 trauma inflicted by those practices, and to inform them
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1 and the medical community about the provisions of section

2 2 of this Act.

3 SEC. 4. EFFECTIVE DATES.

4 Section 3 of this Act shall take effect immediately,

5 and the Secretary of Health and Human Services shall

6 commence carrying it out not later than 90 days after the

7 date of the enactment of this Act. Section 2 of this Act

8 shall take effect 180 days after the date of the enactment

9 of this Act.

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