Bill Sponsor
House Bill 6100
116th Congress(2019-2020)
Strengthening the Opposition to Female Genital Mutilation Act of 2020
Became Law
Became Law
Became Public Law 116-309 on Jan 5, 2021
Overview
Text
Introduced
Mar 5, 2020
Latest Action
Jan 5, 2021
Origin Chamber
House
Type
Bill
Bill
The primary form of legislative measure used to propose law. Depending on the chamber of origin, bills begin with a designation of either H.R. or S. Joint resolution is another form of legislative measure used to propose law.
Bill Number
6100
Congress
116
Policy Area
Crime and Law Enforcement
Crime and Law Enforcement
Primary focus of measure is criminal offenses, investigation and prosecution, procedure and sentencing; corrections and imprisonment; juvenile crime; law enforcement administration. Measures concerning terrorism may fall under Emergency Management or International Affairs policy areas.
Sponsorship by Party
House Votes (1)
Senate Votes (1)
checkPassed on September 21, 2020
Status
Passed
Type
Voice Vote
Voice Vote
A vote in which the presiding officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of senators voting on each side are not recorded.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
Summary

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.

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.

Text (5)
September 22, 2020
September 21, 2020
September 16, 2020
March 5, 2020
01/05/2021
Became Public Law No: 116-309.
01/05/2021
Signed by President.
12/24/2020
Presented to President.
12/16/2020
Message on Senate action sent to the House.
12/15/2020
Passed Senate without amendment by Unanimous Consent.
12/15/2020
Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.
12/15/2020
Senate Committee on the Judiciary discharged by Unanimous Consent. (consideration: CR S7509)
12/15/2020
Senate Committee on the Judiciary discharged by Unanimous Consent.(consideration: CR S7509)
09/22/2020
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
09/21/2020
Motion to reconsider laid on the table Agreed to without objection.
09/21/2020
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H4589-4590)
09/21/2020
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
09/21/2020
DEBATE - The House proceeded with forty minutes of debate on H.R. 6100.
09/21/2020
Considered under suspension of the rules. (consideration: CR H4589-4592)
09/21/2020
Ms. Jackson Lee moved to suspend the rules and pass the bill, as amended.
09/16/2020
Placed on the Union Calendar, Calendar No. 406.
09/16/2020
Reported by the Committee on Judiciary. H. Rept. 116-506.
03/11/2020
Ordered to be Reported by Voice Vote.
03/11/2020
Committee Consideration and Mark-up Session Held.
03/05/2020
Referred to the House Committee on the Judiciary.
03/05/2020
Introduced in House
Public Record
Record Updated
Jan 11, 2023 1:45:04 PM