H. R. 6100—2 
SEC. 3. AMENDMENTS TO CURRENT LAW ON FEMALE GENITAL MUTILA-
TION. 
Section 116 of title 18, United States Code, is amended— 
(1) by amending subsection (a) to read as follows: 
‘‘(a) Except as provided in subsection (b), whoever, in any 
circumstance described in subsection (d), knowingly— 
‘‘(1) performs, attempts to perform, or conspires to perform 
female genital mutilation on another person who has not 
attained the age of 18 years; 
‘‘(2) being the parent, guardian, or caretaker of a person 
who has not attained the age of 18 years facilitates or consents 
to the female genital mutilation of such person; or 
‘‘(3) transports a person who has not attained the age 
of 18 years for the purpose of the performance of female genital 
mutilation on such person, 
shall be fined under this title, imprisoned not more than 10 years, 
or both.’’; 
(2) by amending subsection (c) to read as follows: 
‘‘(c) It shall not be a defense to a prosecution under this section 
that female genital mutilation is required as a matter of religion, 
custom, tradition, ritual, or standard practice.’’; 
(3) by striking subsection (d); and 
(4) by adding at the end the following: 
‘‘(d) For the purposes of subsection (a), the circumstances 
described in this subsection are that— 
‘‘(1) the defendant or victim traveled in interstate or foreign 
commerce, or traveled using a means, channel, facility, or 
instrumentality of interstate or foreign commerce, in further-
ance of or in connection with the conduct described in subsection 
(a); 
‘‘(2) the defendant used a means, channel, facility, or 
instrumentality of interstate or foreign commerce in further-
ance of or in connection with the conduct described in subsection 
(a); 
‘‘(3) any payment of any kind was made, directly or 
indirectly, in furtherance of or in connection with the conduct 
described in subsection (a) using any means, channel, facility, 
or instrumentality of interstate or foreign commerce or in or 
affecting interstate or foreign commerce; 
‘‘(4) the defendant transmitted in interstate or foreign com-
merce any communication relating to or in furtherance of the 
conduct described in subsection (a) using any means, channel, 
facility, or instrumentality of interstate or foreign commerce 
or in or affecting interstate or foreign commerce by any means 
or in manner, including by computer, mail, wire, or electro-
magnetic transmission; 
‘‘(5) any instrument, item, substance, or other object that 
has traveled in interstate or foreign commerce was used to 
perform the conduct described in subsection (a); 
‘‘(6) the conduct described in subsection (a) occurred within 
the special maritime and territorial jurisdiction of the United 
States, or any territory or possession of the United States; 
or 
‘‘(7) the conduct described in subsection (a) otherwise 
occurred in or affected interstate or foreign commerce. 
‘‘(e) For purposes of this section, the term ‘female genital 
mutilation’ means any procedure performed for non-medical reasons
H. R. 6100—3 
that involves partial or total removal of, or other injury to, the 
external female genitalia, and includes— 
‘‘(1) a clitoridectomy or the partial or total removal of 
the clitoris or the prepuce or clitoral hood; 
‘‘(2) excision or the partial or total removal (with or without 
excision of the clitoris) of the labia minora or the labia majora, 
or both; 
‘‘(3) infibulation or the narrowing of the vaginal opening 
(with or without excision of the clitoris); or 
‘‘(4) other procedures that are harmful to the external 
female genitalia, including pricking, incising, scraping, or cau-
terizing the genital area.’’. 
SEC. 4. REPORT. 
Not later than one year after the date of the enactment of 
this Act, and annually thereafter, the Attorney General, in consulta-
tion with the Secretary of Homeland Security, the Secretary of 
State, the Secretary of Health and Human Services, and the Sec-
retary of Education, shall submit to Congress a report that 
includes— 
(1) an estimate of the number of women and girls in the 
United States at risk of or who have been subjected to female 
genital mutilation; 
(2) the protections available and actions taken, if any, 
by Federal, State, and local agencies to protect such women 
and girls; and 
(3) the actions taken by Federal agencies to educate and 
assist communities and key stakeholders about female genital 
mutilation. 
SEC. 5. SENSE OF THE CONGRESS. 
It is the sense of the Congress that the United States District 
Court for the Eastern District of Michigan erred in invalidating 
the prior version of such section 116 (See United States v. 
Nagarwala, 350 F. Supp. 3d 613, 631 (E.D. Mich. 2018)). The 
commercial nature of female genital mutilation (hereinafter in this 
section referred to as ‘‘FGM’’) is ‘‘self-evident,’’ meaning that the 
‘‘absence of particularized findings’’ about the commercial nature 
of FGM in the predecessor statute did not ‘‘call into question 
Congress’s authority to legislate’’ (Gonzales v. Raich, 545 U.S. 1, 
21 (2005)). Nevertheless, the Congress has elected to amend the 
FGM statute to clarify the commercial nature of the conduct that 
this statute regulates. But, by doing so, Congress does not hereby 
ratify the district court’s erroneous interpretation in Nagarwala. 
SEC. 6. DETERMINATION OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined 
by reference to the latest statement titled ‘‘Budgetary Effects of 
PAYGO Legislation’’ for this Act, submitted for printing in the
H. R. 6100—4 
Congressional Record by the Chairman of the House Budget Com-
mittee, provided that such statement has been submitted prior 
to the vote on passage. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.