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(4) Congress also has the power under the 
Commerce Clause to prohibit female genital mutila-
tion. An international market for the practice exists, 
and persons who perform female genital mutilation 
in other countries typically earn a living from doing 
so. 
(5) Those who perform this conduct often rely 
on a connection to interstate or foreign commerce, 
such as interstate or foreign travel, the transmission 
or receipt of communications in interstate or foreign 
commerce, the use of instruments traded in inter-
state or foreign commerce, or payments of any kind 
in furtherance of this conduct. 
(6) Amending the statute to specify a link to 
interstate or foreign commerce would confirm that 
Congress has the affirmative power to prohibit this 
conduct. 
SEC. 3. AMENDMENTS TO CURRENT LAW ON FEMALE GEN-
ITAL MUTILATION. 
Section 116 of title 18, United States Code, is 
amended— 
(1) by amending subsection (a) to read as fol-
lows: 
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‘‘(a) Except as provided in subsection (b), whoever, 
in any circumstance described in subsection (d), know-
ingly— 
‘‘(1) performs, attempts to perform, or con-
spires to perform female genital mutilation on an-
other 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 mutila-
tion of such person; or 
‘‘(3) transports a person who has not attained 
the age of 18 years for the purpose of the perform-
ance 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 fol-
lows: 
‘‘(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: 
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‘‘(d) For the purposes of subsection (a), the cir-
cumstances described in this subsection are that— 
‘‘(1) the defendant or victim traveled in inter-
state or foreign commerce, or traveled using a 
means, channel, facility, or instrumentality of inter-
state or foreign commerce, in furtherance of or in 
connection with the conduct described in subsection 
(a); 
‘‘(2) the defendant used a means, channel, fa-
cility, or instrumentality of interstate or foreign 
commerce in furtherance of or in connection with 
the conduct described in subsection (a); 
‘‘(3) any payment of any kind was made, di-
rectly or indirectly, in furtherance of or in connec-
tion with the conduct described in subsection (a) 
using any means, channel, facility, or instrumen-
tality of interstate or foreign commerce or in or af-
fecting interstate or foreign commerce; 
‘‘(4) the defendant transmitted in interstate or 
foreign commerce any communication relating to or 
in furtherance of the conduct described in subsection 
(a) using any means, channel, facility, or instrumen-
tality of interstate or foreign commerce or in or af-
fecting interstate or foreign commerce by any means 
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or in manner, including by computer, mail, wire, or 
electromagnetic transmission; 
‘‘(5) any instrument, item, substance, or other 
object that has traveled in interstate or foreign com-
merce was used to perform the conduct described in 
subsection (a); 
‘‘(6) the conduct described in subsection (a) oc-
curred within the special maritime and territorial ju-
risdiction 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 for-
eign commerce. 
‘‘(e) For purposes of this section, the term ‘female 
genital mutilation’ means any procedure performed for 
non-medical reasons 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 re-
moval 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; 
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‘‘(3) infibulation or the narrowing of the vag-
inal opening (with or without excision of the clit-
oris); or 
‘‘(4) other procedures that are harmful to the 
external female genitalia, including pricking, incis-
ing, scraping, or cauterizing the genital area.’’. 
SEC. 4. REPORT. 
Not later than one year after the date of the enact-
ment of this Act, and annually thereafter, the Attorney 
General, in consultation with the Secretary of Homeland 
Security, the Secretary of State, the Secretary of Health 
and Human Services, and the Secretary 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 pro-
tect such women and girls; and 
(3) the actions taken by Federal agencies to 
educate and assist communities and key stake-
holders 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 
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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 gen-
ital 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 na-
ture 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 Congressional Record 
by the Chairman of the House Budget Committee, 
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