,,ib ,union ,calendar ,no4 #djf #aafth ,,congress #b;d ,session ,h4 ,r4 #fajj ,report ,no4 #aaf-ejf ,,in ,,the ,,house ,,of ,,representatives ,march #e1 #bjbj,ms4 ,jackson ,lee 7for herself and ,mr4 ,bacon7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,september #af1 #bjbj;,additional sponsor3 ,ms4 ,garcia of ,texas ,september #af1 #bjbj,reported from the ,committee on the ,judiciary2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to clarify the criminalization of female genital mutilation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,strengthening the ,opposition to ,female ,genital ,mutilation ,act of #bjbj or the ,,stop ,,fgm ,act of #bjbj4 #b4 ,congressional findings and purpose ,the ,congress finds the following3 7#a7 ,female genital mutilation is recognized internationally as a human rights violation and a form of child abuse1 gender discrimination1 and violence against women and girls4 ,female genital mutilation is a global problem whose eradication requires international cooperation and enforcement at the national level4 ,the ,united ,states should demonstrate its commitment to the rights of women and girls by leading the way in the international community in banning this abhorrent practice4 7#b7 ,congress has previously prohibited the commission of female genital mutilation on minors4 ,female genital mutilation is a heinous practice that often inflicts excruciating pain on its victims and causes them to suffer grave physical and psychological harm4 7#c7 ,congress has the power under article ,i1 section #h of the ,constitution to make all laws which shall be necessary and proper for carrying into execution treaties entered into by the ,united ,states4 7#d7 ,congress also has the power under the ,commerce ,clause to prohibit female genital mutilation4 ,an international market for the practice exists1 and persons who perform female genital mutilation in other countries typically earn a living from doing so4 7#e7 ,those who perform this conduct often rely on a connection to interstate or foreign commerce1 such as interstate or foreign travel1 the transmission or receipt of communications in interstate or foreign commerce1 the use of instruments traded in interstate or foreign commerce1 or payments of any kind in furtherance of this conduct4 7#f7 ,amending the statute to specify a link to interstate or foreign commerce would confirm that ,congress has the affirmative power to prohibit this conduct4 #c4 ,amendments to current law on female genital mutilation ,section #aaf of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,except as provided in subsection 7b71 whoever1 in any circumstance described in subsection 7d71 knowingly-- 7#a7 performs1 attempts to perform1 or conspires to perform female genital mutilation on another person who has not attained the age of #ah years2 7#b7 being the parent1 guardian1 or caretaker of a person who has not attained the age of #ah years facilitates or consents to the female genital mutilation of such person2 or 7#c7 transports a person who has not attained the age of #ah years for the purpose of the performance of female genital mutilation on such person1 shall be fined under this title1 imprisoned not more than #aj years1 or both4 2 7#b7 by amending subsection 7c7 to read as follows3 7c7 ,it shall not be a defense to a prosecution under this section that female genital mutilation is required as a matter of religion1 custom1 tradition1 ritual1 or standard practice4 2 7#c7 by striking subsection 7d72 and 7#d7 by adding at the end the following3 7d7 ,for the purposes of subsection 7a71 the circumstances described in this subsection are that-- 7#a7 the defendant or victim traveled in interstate or foreign commerce1 or traveled using a means1 channel1 facility1 or instrumentality of interstate or foreign commerce1 in furtherance of or in connection with the conduct described in subsection 7a72 7#b7 the defendant used a means1 channel1 facility1 or instrumentality of interstate or foreign commerce in furtherance of or in connection with the conduct described in subsection 7a72 7#c7 any payment of any kind was made1 directly or indirectly1 in furtherance of or in connection with the conduct described in subsection 7a7 using any means1 channel1 facility1 or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce2 7#d7 the defendant transmitted in interstate or foreign commerce any communication relating to or in furtherance of the conduct described in subsection 7a7 using any means1 channel1 facility1 or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means or in manner1 including by computer1 mail1 wire1 or electromagnetic transmission2 7#e7 any instrument1 item1 substance1 or other object that has traveled in interstate or foreign commerce was used to perform the conduct described in subsection 7a72 7#f7 the conduct described in subsection 7a7 occurred within the special maritime and territorial jurisdiction of the ,united ,states1 or any territory or possession of the ,united ,states2 or 7#g7 the conduct described in subsection 7a7 otherwise occurred in or affected interstate or foreign commerce4 7e7 ,for purposes of this section1 the term female genital mutilation means any procedure performed for non-medical reasons that involves partial or total removal of1 or other injury to1 the external female genitalia1 and includes-- 7#a7 a clitoridectomy or the partial or total removal of the clitoris or the prepuce or clitoral hood2 7#b7 excision or the partial or total removal 7with or without excision of the clitoris7 of the labia minora or the labia majora1 or both2 7#c7 infibulation or the narrowing of the vaginal opening 7with or without excision of the clitoris72 or 7#d7 other procedures that are harmful to the external female genitalia1 including pricking1 incising1 scraping1 or cauterizing the genital area4 4 #d4 ,report ,not later than one year after the date of the enactment of this ,act1 and annually thereafter1 the ,attorney ,general1 in consultation with the ,secretary of ,homeland ,security1 the ,secretary of ,state1 the ,secretary of ,health and ,human ,services1 and the ,secretary of ,education1 shall submit to ,congress a report that includes-- 7#a7 an estimate of the number of women and girls in the ,united ,states at risk of or who have been subjected to female genital mutilation2 7#b7 the protections available and actions taken1 if any1 by ,federal1 ,state1 and local agencies to protect such women and girls2 and 7#c7 the actions taken by ,federal agencies to educate and assist communities and key stakeholders about female genital mutilation4 #e4 ,sense of the ,congress ,it is the sense of the ,congress that the ,united ,states ,district ,court for the ,eastern ,district of ,michigan erred in invalidating the prior version of such section #aaf 7,see ,united ,states v4 ,nagarwala1 #cej ,f4 ,supp4 #c;d #fac1 #fca 7,e4,d4 ,mich4 #bjah774 ,the commercial nature of female genital mutilation 7hereinafter in this section referred to as ,,fgm7 is self-evident1 meaning that the absence of particularized findings about the commercial nature of ,,fgm in the predecessor statute did not call into question ,congress's authority to legislate 7,gonzales v4 ,raich1 #ede ,u4,s4 #a1 #ba 7#bjje774 ,nevertheless1 the ,congress has elected to amend the ,,fgm statute to clarify the commercial nature of the conduct that this statute regulates4 ,but1 by doing so1 ,congress does not hereby ratify the district court's erroneous interpretation in ,nagarwala4 ,september #af1 #bjbj;,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed