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US FGM Bill

 

 

Below is the complete text of H.R. 941 (PDF), the original proposed U.S. Female Genital Mutilation Bill of 1995. Our MGM Bill proposal is partly modeled after it (and its companion bill in the Senate, S. 1030, PDF). Both versions of the bill were amended and approved by voice vote and then folded into the Omnibus Consolidated Appropriations Act (Section 645 of H.R. 4278, PDF), where the official House (unanimous approval) and Senate roll call votes were recorded.

 

 

 

104th CONGRESS

1st Session

 

H.R. 941

 

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To amend title 18, United States Code, to carry out certain obligations of the United States under the International Covenant on Civil and Political Rights by prohibiting the practice of female circumcision, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 14, 1995

Mrs. Schroeder (for herself, Miss Collins of Michigan, Mrs. Morella, and Ms. Rivers) introduced the following bill; which was referred to the Committee on the Judiciary and, in addition, to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

 

A BILL

 

To amend title 18, United States Code, to carry out certain obligations of the United States under the International Covenant on Civil and Political Rights by prohibiting the practice of female circumcision, and for other purposes.

 

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE

This Act may be cited as the "Federal Prohibition of Female Genital Mutilation Act of 1995".

 

SEC.2. TITLE 18 AMENDMENT.

(a) IN GENERAL.--Chapter 7 of title 18, United States Code, is amended by adding at the end the following new section:

                         

"Sec. 116. Female genital mutilation

"(a) Except as provided in subsection (b), whoever knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained the age of 18 years shall be fined under this title or imprisoned not more than 5 years, or both.

"(b) A surgical operation is not a violation of this section if the operation is --

"(1) necessary to the health of the person on whom it is performed, and is performed by a person licensed in the place of its performance as a medical practitioner; or

"(2) performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed in the place it is performed as a medical practitioner, midwife, or person in training to become such a practitioner or midwife.

 

"(c) In applying subsection (b)(1), no account shall be taken of the effect on the person on whom the operation is to be performed of any belief on the part of that or any other person that the operation is required as a matter of custom or ritual.

 

"(d) Whoever knowingly denies to any person medical care or services or otherwise discriminates against any person in the provision of medical care or services, because --

"(1) that person has undergone female circumcision, excision, or infibulation; or

"(2) that person has requested that female circumcision, excision, or infibulation be performed on any person;

 

shall be fined under this title or imprisoned not more than one year, or both."

 

(b) CLERICAL AMENDMENT.--The table of sections at the beginning of chapter 7 of title 18, United States Code, is amended by adding at the end the following new item:

 

"116. Female genital mutilation."

 

SEC. 3. INFORMATION AND EDUCATION REGARDING FEMALE GENITAL MUTILATION.

 

(a) IN GENERAL. -- The Secretary of Health and Human Services shall do the following:

(1) Compile data on the number of females living in the United States who have been subjected to female genital mutilation (whether in the United States or in their countries of origin), including a specification of the number of girls under the age of 18 who have been subjected to such mutilation.

(2) Identify communities in the United States that practice female genital mutilation, and design and carry out outreach activities to educate individuals in the communities on the physical and psychological effects of such practice. Such outreach activities shall be designed and implemented in collaboration with representatives of the ethnic groups practicing such mutilation and with representatives of organizations with expertise in preventing such practice.

(3) Develop recommendations for the education of students of schools of medicine and osteopathic medicine regarding female genital mutilation and complications arising from such mutilation. Such recommendations shall be disseminated to such schools.

 

 (b) DEFINITION. -- For purposes of this section, the term "female genital mutilation" means the removal or infibulation (or both) of the whole or part of the clitoris, the labia minor, or the labia major.

 

SEC.4. EFFECTIVE DATES

 

Section 3 of this Act shall take effect immediately, and the Secretary of Health and Human Services shall commence carrying it out not later than 90 days after the date of the enactment of this Act. Section 2 of this Act shall take effect 180 days after the date of the enactment of this Act.

 

 

       

 

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A Bill to End Male Genital Mutilation in the U.S.