Strengthening the Opposition to Female Genital Mutilation Act of 2020

Bill: 116-hr-6100
Sponsor: Rep. Jackson Lee, Sheila [D-TX-18]
Introduced: 2020-03-05 in the House
Policy area: Crime and Law Enforcement
Subjects: Congressional oversight
Crimes against children
Crimes against women
Criminal procedure and sentencing
Judicial procedure and administration
Sex offenses
Women's health

Summary:
action_date: 2020-03-05
text: 

Strengthening the Opposition to Female Genital Mutilation Act of 2020 or the STOP FGM Act of 2020

 
 This bill revises the federal criminal statute that prohibits certain conduct often referred to as female genital mutilation (FGM).
 
Currently, the FGM statute prohibits performing certain procedures&#8212;circumcising, excising, or infibulating the female genitalia of a minor&#8212;for nonmedical purposes. However, it does not define FGM.
 
In 2018 a federal district court invalidated the FGM statute in 
United States vs. Nagarwala
. The court found, among other things, that the statute exceeds Congress's authority under the Commerce Clause of the Constitution because it (1) lacks detailed, record-based findings regarding how FGM substantially affects interstate commerce; and (2) lacks jurisdictional elements (e.g., requirements that charged offenses have an explicit connection with, or effect on, interstate commerce). In 2019, the Department of Justice (DOJ) decided not to appeal the decision. 
 
This bill creates a statutory definition of 
female genital mutilation 
and provides explicit findings regarding the effects of FGM on interstate commerce. 
 
The bill broadens the scope of prohibited FGM-related conduct on a minor to include
 
 
attempting or conspiring to perform FGM;
 
facilitating or consenting to FGM, as a parent, guardian, or caretaker; and
 
transporting a minor for FGM.
 
 
It expressly requires prohibited FGM-related conduct to have a connection to interstate or foreign commerce. 
 
The bill increases from 5 to 10 years the statutory maximum prison term for an FGM offense. It also prohibits a federal criminal defendant from asserting, as a defense, that FGM is required as a matter of religion, custom, tradition, ritual, or standard practice.
 
DOJ, in consultation with various federal agencies, must report annually on FGM, including the estimated number of women and girls at risk of or subjected to FGM and actions taken by government agencies to combat the practice.
 
Finally, the bill expresses the sense of Congress that the court erred in invalidating the existing statute. It expresses, among other sentiments, that Congress elects to amend the statute to clarify the commercial nature of FGM, but that Congress does not ratify the interpretation of the federal district court in 
Nagarwala
. 

action_date: 2020-09-16
text: 

Strengthening the Opposition to Female Genital Mutilation Act of 2020 or the STOP FGM Act of 2020

 
This bill revises the federal criminal statute that prohibits certain conduct often referred to as female genital mutilation (FGM).
 
Currently, the FGM statute prohibits performing certain procedures&#8212;circumcising, excising, or infibulating the female genitalia of a minor&#8212;for nonmedical purposes. However, it does not define FGM.
 
In 2018 a federal district court invalidated the FGM statute in
 United States vs. Nagarwala
. The court found, among other things, that the statute exceeds Congress's authority under the Commerce Clause of the Constitution because it (1) lacks detailed, record-based findings regarding how FGM substantially affects interstate commerce; and (2) lacks jurisdictional elements (e.g., requirements that charged offenses have an explicit connection with, or effect on, interstate commerce). In 2019, the Department of Justice (DOJ) decided not to appeal the decision.
 
This bill creates a statutory definition of 
female genital mutilation
 and provides explicit findings regarding the effects of FGM on interstate commerce.
 
The bill broadens the scope of prohibited FGM-related conduct on a minor to include
 
 
attempting or conspiring to perform FGM;
 
facilitating or consenting to FGM, as a parent, guardian, or caretaker; and
 
transporting a minor for FGM.
 
 
It expressly requires prohibited FGM-related conduct to have a connection to interstate or foreign commerce.
 
The bill increases from 5 to 10 years the statutory maximum prison term for an FGM offense. It also prohibits a federal criminal defendant from asserting, as a defense, that FGM is required as a matter of religion, custom, tradition, ritual, or standard practice.
 
DOJ, in consultation with various federal agencies, must report annually on FGM, including the estimated number of women and girls at risk of or subjected to FGM and actions taken by government agencies to combat the practice.
 
Finally, the bill expresses the sense of Congress that the court erred in invalidating the existing statute. It expresses, among other sentiments, that Congress elects to amend the statute to clarify the commercial nature of FGM, but that Congress does not ratify the interpretation of the federal district court in 
Nagarwala
.

action_date: 2020-09-21
text: 

Strengthening the Opposition to Female Genital Mutilation Act of 2020 or the STOP FGM Act of 2020

 
 This bill revises the federal criminal statute that prohibits certain conduct often referred to as female genital mutilation (FGM).
 
Currently, the FGM statute prohibits performing certain procedures&#8212;circumcising, excising, or infibulating the female genitalia of a minor&#8212;for nonmedical purposes. However, it does not define FGM.
 
In 2018 a federal district court invalidated the FGM statute in 
United States vs. Nagarwala
. The court found, among other things, that the statute exceeds Congress's authority under the Commerce Clause of the Constitution because it (1) lacks detailed, record-based findings regarding how FGM substantially affects interstate commerce; and (2) lacks jurisdictional elements (e.g., requirements that charged offenses have an explicit connection with, or effect on, interstate commerce). In 2019, the Department of Justice (DOJ) decided not to appeal the decision.
 
This bill creates a statutory definition of 
female genital mutilation 
and provides explicit findings regarding the effects of FGM on interstate commerce. 
 
The bill broadens the scope of prohibited FGM-related conduct on a minor to include
 
 
attempting or conspiring to perform FGM;
 
facilitating or consenting to FGM, as a parent, guardian, or caretaker; and
 
transporting a minor for FGM.
 
 
It expressly requires prohibited FGM-related conduct to have a connection to interstate or foreign commerce. 
 
The bill increases from 5 to 10 years the statutory maximum prison term for an FGM offense. It also prohibits a federal criminal defendant from asserting, as a defense, that FGM is required as a matter of religion, custom, tradition, ritual, or standard practice.
 
DOJ, in consultation with various federal agencies, must report annually on FGM, including the estimated number of women and girls at risk of or subjected to FGM and actions taken by government agencies to combat the practice.
 
Finally, the bill expresses the sense of Congress that the court erred in invalidating the existing statute. It expresses, among other sentiments, that Congress elects to amend the statute to clarify the commercial nature of FGM, but that Congress does not ratify the interpretation of the federal district court in 
Nagarwala
.

action_date: 2020-12-15
text: 

Strengthening the Opposition to Female Genital Mutilation Act of 2020 or the STOP FGM Act of 2020

 
 This bill revises the federal criminal statute that prohibits certain conduct often referred to as female genital mutilation (FGM).
 
Currently, the FGM statute prohibits performing certain procedures&#8212;circumcising, excising, or infibulating the female genitalia of a minor&#8212;for nonmedical purposes. However, it does not define FGM.
 
In 2018 a federal district court invalidated the FGM statute in 
United States vs. Nagarwala
. The court found, among other things, that the statute exceeds Congress's authority under the Commerce Clause of the Constitution because it (1) lacks detailed, record-based findings regarding how FGM substantially affects interstate commerce; and (2) lacks jurisdictional elements (e.g., requirements that charged offenses have an explicit connection with, or effect on, interstate commerce). In 2019, the Department of Justice (DOJ) decided not to appeal the decision.
 
This bill creates a statutory definition of 
female genital mutilation 
and provides explicit findings regarding the effects of FGM on interstate commerce. 
 
The bill broadens the scope of prohibited FGM-related conduct on a minor to include
 
 
attempting or conspiring to perform FGM;
 
facilitating or consenting to FGM, as a parent, guardian, or caretaker; and
 
transporting a minor for FGM.
 
 
It expressly requires prohibited FGM-related conduct to have a connection to interstate or foreign commerce. 
 
The bill increases from 5 to 10 years the statutory maximum prison term for an FGM offense. It also prohibits a federal criminal defendant from asserting, as a defense, that FGM is required as a matter of religion, custom, tradition, ritual, or standard practice.
 
DOJ, in consultation with various federal agencies, must report annually on FGM, including the estimated number of women and girls at risk of or subjected to FGM and actions taken by government agencies to combat the practice.
 
Finally, the bill expresses the sense of Congress that the court erred in invalidating the existing statute. It expresses, among other sentiments, that Congress elects to amend the statute to clarify the commercial nature of FGM, but that Congress does not ratify the interpretation of the federal district court in 
Nagarwala
.

action_date: 2021-01-05
text: 

Strengthening the Opposition to Female Genital Mutilation Act of 2020 or the STOP FGM Act of 2020

 
 This bill revises the federal criminal statute that prohibits certain conduct often referred to as female genital mutilation (FGM).
 
Currently, the FGM statute prohibits performing certain procedures&#8212;circumcising, excising, or infibulating the female genitalia of a minor&#8212;for nonmedical purposes. However, it does not define FGM.
 
In 2018 a federal district court invalidated the FGM statute in 
United States vs. Nagarwala
. The court found, among other things, that the statute exceeds Congress's authority under the Commerce Clause of the Constitution because it (1) lacks detailed, record-based findings regarding how FGM substantially affects interstate commerce; and (2) lacks jurisdictional elements (e.g., requirements that charged offenses have an explicit connection with, or effect on, interstate commerce). In 2019, the Department of Justice (DOJ) decided not to appeal the decision.
 
This bill creates a statutory definition of 
female genital mutilation 
and provides explicit findings regarding the effects of FGM on interstate commerce. 
 
The bill broadens the scope of prohibited FGM-related conduct on a minor to include
 
 
attempting or conspiring to perform FGM;
 
facilitating or consenting to FGM, as a parent, guardian, or caretaker; and
 
transporting a minor for FGM.
 
 
It expressly requires prohibited FGM-related conduct to have a connection to interstate or foreign commerce. 
 
The bill increases from 5 to 10 years the statutory maximum prison term for an FGM offense. It also prohibits a federal criminal defendant from asserting, as a defense, that FGM is required as a matter of religion, custom, tradition, ritual, or standard practice.
 
DOJ, in consultation with various federal agencies, must report annually on FGM, including the estimated number of women and girls at risk of or subjected to FGM and actions taken by government agencies to combat the practice.
 
Finally, the bill expresses the sense of Congress that the court erred in invalidating the existing statute. It expresses, among other sentiments, that Congress elects to amend the statute to clarify the commercial nature of FGM, but that Congress does not ratify the interpretation of the federal district court in 
Nagarwala
.


Legislative actions:
action_date: 2021-01-05
text: Became Public Law No: 116-309.
action_date: 2021-01-05
text: Became Public Law No: 116-309.
action_date: 2021-01-05
text: Signed by President.
action_date: 2021-01-05
text: Signed by President.
action_date: 2020-12-24
text: Presented to President.
action_date: 2020-12-24
text: Presented to President.
action_date: 2020-12-16
text: Message on Senate action sent to the House.
action_date: 2020-12-15
text: Passed Senate without amendment by Unanimous Consent.
action_date: 2020-12-15
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.
action_date: 2020-12-15
text: Senate Committee on the Judiciary discharged by Unanimous Consent. (consideration: CR S7509)
action_date: 2020-12-15
text: Senate Committee on the Judiciary discharged by Unanimous Consent.(consideration: CR S7509)
action_date: 2020-09-22
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2020-09-21
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2020-09-21
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H4589-4590)
action_date: 2020-09-21
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
action_date: 2020-09-21
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 6100.
action_date: 2020-09-21
text: Considered under suspension of the rules. (consideration: CR H4589-4592)
action_date: 2020-09-21
text: Ms. Jackson Lee moved to suspend the rules and pass the bill, as amended.
action_date: 2020-09-16
text: Placed on the Union Calendar, Calendar No. 406.
action_date: 2020-09-16
text: Reported by the Committee on Judiciary. H. Rept. 116-506.
action_date: 2020-09-16
text: Reported by the Committee on Judiciary. H. Rept. 116-506.
action_date: 2020-03-11
text: Ordered to be Reported by Voice Vote.
action_date: 2020-03-11
text: Committee Consideration and Mark-up Session Held.
action_date: 2020-03-05
text: Referred to the House Committee on the Judiciary.
action_date: 2020-03-05
text: Introduced in House
action_date: 2020-03-05
text: Introduced in House

Enacted as: number: 116-309