Legis Daily

STOP FGM Act of 2020

USA116th CongressHR-6100| House 
| Updated: 1/5/2021
Sheila Jackson Lee

Sheila Jackson Lee

Democratic Representative

Texas

Cosponsors (2)
Sylvia R. Garcia (Democratic)Don Bacon (Republican)

Judiciary Committee, Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
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 .

Bill Text Versions

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


  • March 5, 2020
    Referred to the House Committee on the Judiciary.


  • March 11, 2020
    Ordered to be Reported by Voice Vote.


  • March 11, 2020
    Committee Consideration and Mark-up Session Held.


  • September 16, 2020
    Placed on the Union Calendar, Calendar No. 406.


  • September 16, 2020
    Reported by the Committee on Judiciary. H. Rept. 116-506.


  • September 21, 2020
    Ms. Jackson Lee moved to suspend the rules and pass the bill, as amended.


  • September 21, 2020
    Considered under suspension of the rules. (consideration: CR H4589-4592)


  • September 21, 2020
    DEBATE - The House proceeded with forty minutes of debate on H.R. 6100.


  • September 21, 2020
    Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.


  • September 21, 2020
    On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H4589-4590)


  • September 21, 2020
    Motion to reconsider laid on the table Agreed to without objection.


  • September 22, 2020
    Received in the Senate and Read twice and referred to the Committee on the Judiciary.


  • December 15, 2020
    Passed Senate without amendment by Unanimous Consent.


  • December 15, 2020
    Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.


  • December 15, 2020
    Senate Committee on the Judiciary discharged by Unanimous Consent.(consideration: CR S7509)


  • December 15, 2020
    Senate Committee on the Judiciary discharged by Unanimous Consent. (consideration: CR S7509)


  • December 16, 2020
    Message on Senate action sent to the House.


  • December 24, 2020
    Presented to President.


  • January 5, 2021
    Signed by President.


  • January 5, 2021
    Became Public Law No: 116-309.

Crime and Law Enforcement

Related Bills

  • S 116-2017: Federal Prohibition of Female Genital Mutilation Act of 2019
  • HR 116-3583: Federal Prohibition of Female Genital Mutilation Act of 2019
Congressional oversightCrimes against childrenCrimes against womenCriminal procedure and sentencingJudicial procedure and administrationSex offensesWomen's health

STOP FGM Act of 2020

USA116th CongressHR-6100| House 
| Updated: 1/5/2021
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. 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 .

Bill Text Versions

View Text
6 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

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


  • March 5, 2020
    Referred to the House Committee on the Judiciary.


  • March 11, 2020
    Ordered to be Reported by Voice Vote.


  • March 11, 2020
    Committee Consideration and Mark-up Session Held.


  • September 16, 2020
    Placed on the Union Calendar, Calendar No. 406.


  • September 16, 2020
    Reported by the Committee on Judiciary. H. Rept. 116-506.


  • September 21, 2020
    Ms. Jackson Lee moved to suspend the rules and pass the bill, as amended.


  • September 21, 2020
    Considered under suspension of the rules. (consideration: CR H4589-4592)


  • September 21, 2020
    DEBATE - The House proceeded with forty minutes of debate on H.R. 6100.


  • September 21, 2020
    Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.


  • September 21, 2020
    On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H4589-4590)


  • September 21, 2020
    Motion to reconsider laid on the table Agreed to without objection.


  • September 22, 2020
    Received in the Senate and Read twice and referred to the Committee on the Judiciary.


  • December 15, 2020
    Passed Senate without amendment by Unanimous Consent.


  • December 15, 2020
    Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.


  • December 15, 2020
    Senate Committee on the Judiciary discharged by Unanimous Consent.(consideration: CR S7509)


  • December 15, 2020
    Senate Committee on the Judiciary discharged by Unanimous Consent. (consideration: CR S7509)


  • December 16, 2020
    Message on Senate action sent to the House.


  • December 24, 2020
    Presented to President.


  • January 5, 2021
    Signed by President.


  • January 5, 2021
    Became Public Law No: 116-309.
Sheila Jackson Lee

Sheila Jackson Lee

Democratic Representative

Texas

Cosponsors (2)
Sylvia R. Garcia (Democratic)Don Bacon (Republican)

Judiciary Committee, Judiciary Committee

Crime and Law Enforcement

Related Bills

  • S 116-2017: Federal Prohibition of Female Genital Mutilation Act of 2019
  • HR 116-3583: Federal Prohibition of Female Genital Mutilation Act of 2019
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Congressional oversightCrimes against childrenCrimes against womenCriminal procedure and sentencingJudicial procedure and administrationSex offensesWomen's health