II

103D CONGRESS

2D SESSION S. 2501

Entitled the ‘‘Federal Prohibition of Female Genital Mutilation Act of 1994’’.

IN THE SENATE OF THE UNITED STATES

OCTOBER 5 (legislative day, SEPTEMBER 12), 1994

Mr. REID (for himself, Ms. MOSELEY-BRAUN, and Mr. WELLSTONE) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

Entitled the ‘‘Federal Prohibition of Female Genital

Mutilation Act of 1994’’.

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 1994’’.

6 SEC. 2. TITLE 18 AMENDMENT.

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

8 States Code, is amended by adding at the end the follow9 ing new section:
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1 ‘‘§ 116. Female genital mutilation

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

3 knowingly circumcises, excises, or infibulates the whole or

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

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

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

7 5 years, or both.

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

9 section if the operation is—

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

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

12 licensed in the place of its performance as a medical

13 practitioner; or

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

15 just given birth and is performed for medical pur16 poses connected with that labor or birth by a person

17 licensed in the place it is performed as a medical

18 practitioner, midwife, or person in training to be19 come such a practitioner or midwife.

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

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

22 is to be performed of any belief on the part of that or

23 any other person that the operation is required as a mat24 ter of custom or ritual.

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

26 care or services or otherwise discriminates against any
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1 person in the provision of medical care or services, be2 cause—

3 ‘‘(1) that person has undergone female cir4 cumcision, excision, or infibulation; or

5 ‘‘(2) that person has requested that female cir6 cumcision, excision, or infibulation be performed on

7 any person;

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

9 one year, or both.’’.

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

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

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

13 item:

‘‘116. Female genital mutilation.’’.

14 SEC. 3. INFORMATION AND EDUCATION REGARDING FE15 MALE GENITAL MUTILATION.

16 (a) IN GENERAL.—The Secretary of Health and

17 Human Services shall ensure that the Deputy Assistant

18 Secretary for Women’s Health and the Deputy Assistant

19 Secretary for Minority Health collaborate for the purpose

20 of carrying out the following activities:

21 (1) Compile data on the number of females liv22 ing in the United States who have been subjected to

23 female genital mutilation (whether in the United

24 States or in their countries of origin), including a
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1 specification of the number of girls under the age of

2 18 who have been subjected to such mutilation.

3 (2) Identify communities in the United States

4 that practice female genital mutilation, and design

5 and carry out outreach activities to educate individ6 uals in the communities on the physical and psycho7 logical health effects of such practice. Such outreach

8 activities shall be designed and implemented in col9 laboration with representatives of the ethnic groups

10 practicing such mutilation and with representatives

11 of organizations with expertise in preventing such

12 practice.

13 (3) Develop recommendations for the education

14 of students of schools of medicine and osteopathic

15 medicine regarding female genital mutilation and

16 complications arising from such mutilation. Such

17 recommendations shall be disseminated to such

18 schools.

19 (b) DEFINITION.—For purposes of this section, the

20 term ‘‘female genital mutilation’’ means the removal or

21 infibulation (or both) of the whole or part of the clitoris,

22 the labia minor, or the labia major.

23 SEC. 4. EFFECTIVE DATES.

24 Section 3 of this Act shall take effect immediately,

25 and the Secretary of Health and Human Services shall
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1 commence carrying it out not later than 90 days after the

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

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

4 of this Act.

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