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H.R.6100 / 116th Congress

STOP FGM Act of 2020

Became Public Law No: 116-309.

Official summary

Version 49 · Public Law · Jan 5, 2021

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—circumcising, excising, or infibulating the female genitalia of a minor—for nonmedical purposes. However, it does not define FGM.

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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.

Read the summary on Congress.gov
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Who introduced it

Rep. Jackson Lee, Sheila [D-TX-18] · D–TX

Committees

  • Judiciary Committee
  • Judiciary Committee
2 cosponsorship records, including any withdrawals

Actions

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  1. Became Public Law No: 116-309.

  2. Became Public Law No: 116-309.

  3. Signed by President.

  4. Signed by President.

  5. Presented to President.

  6. Presented to President.

  7. Message on Senate action sent to the House.

  8. Passed Senate without amendment by Unanimous Consent.

  9. Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.

  10. Senate Committee on the Judiciary discharged by Unanimous Consent. (consideration: CR S7509)

  11. Senate Committee on the Judiciary discharged by Unanimous Consent.(consideration: CR S7509)

  12. Received in the Senate and Read twice and referred to the Committee on the Judiciary.

  13. Motion to reconsider laid on the table Agreed to without objection.

  14. On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H4589-4590)

  15. Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

  16. DEBATE - The House proceeded with forty minutes of debate on H.R. 6100.

  17. Considered under suspension of the rules. (consideration: CR H4589-4592)

  18. Ms. Jackson Lee moved to suspend the rules and pass the bill, as amended.

  19. Placed on the Union Calendar, Calendar No. 406.

  20. Reported by the Committee on Judiciary. H. Rept. 116-506.

  21. Reported by the Committee on Judiciary. H. Rept. 116-506.

  22. Ordered to be Reported by Voice Vote.

  23. Committee Consideration and Mark-up Session Held.

  24. Referred to the House Committee on the Judiciary.

  25. Introduced in House

  26. Introduced in House

Bill text & related measures

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Related bills identified by Congress.gov

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