September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4589 do, and that we don’t get a young man tilation Act of 2020’’ or the ‘‘STOP FGM Act ‘‘(2) the defendant used a means, channel, from Illinois versus another young man of 2020’’. facility, or instrumentality of interstate or from Ohio, who was 12 years old— SEC. 2. CONGRESSIONAL FINDINGS AND PUR- foreign commerce in furtherance of or in Tamir Rice—who didn’t get to go POSE. connection with the conduct described in subsection (a); home. We want to make sure that we The Congress finds the following: (1) Female genital mutilation is recognized ‘‘(3) any payment of any kind was made, have fairness. internationally as a human rights violation directly or indirectly, in furtherance of or in Mr. Speaker, as I said, I am very con- and a form of child abuse, gender discrimina- connection with the conduct described in cerned about the shootings of these in- tion, and violence against women and girls. subsection (a) using any means, channel, fa- dividuals, the Los Angeles deputies. We Female genital mutilation is a global prob- cility, or instrumentality of interstate or don’t know the motives of the assail- lem whose eradication requires international foreign commerce or in or affecting inter- ants. It remains unknown. But we con- cooperation and enforcement at the national state or foreign commerce; tinue to seek justice for them, and we level. The United States should demonstrate ‘‘(4) the defendant transmitted in inter- want to make sure that the threat of its commitment to the rights of women and state or foreign commerce any communica- tion relating to or in furtherance of the con- white supremacists and domestic ter- girls by leading the way in the international community in banning this abhorrent prac- duct described in subsection (a) using any rorism is known. tice. means, channel, facility, or instrumentality Mr. Speaker, this bill directs that di- (2) Congress has previously prohibited the of interstate or foreign commerce or in or af- rectly and I think it will provide for a commission of female genital mutilation on fecting interstate or foreign commerce by very important tool for our law en- minors. Female genital mutilation is a hei- any means or in manner, including by com- forcement—unbiased—without any ef- nous practice that often inflicts excruciating puter, mail, wire, or electromagnetic trans- fort to try and stigmatize anyone. pain on its victims and causes them to suffer mission; Mr. Speaker, in closing, domestic grave physical and psychological harm. ‘‘(5) any instrument, item, substance, or terrorism is a serious threat to our (3) Congress has the power under article I, other object that has traveled in interstate or foreign commerce was used to perform the country. We must take real action to section 8 of the Constitution to make all laws which shall be necessary and proper for conduct described in subsection (a); address the rise of hate crimes and carrying into execution treaties entered into ‘‘(6) the conduct described in subsection (a) white supremacy. This legislation by the United States. occurred within the special maritime and would address the rising tide of white (4) Congress also has the power under the territorial jurisdiction of the United States, supremacy without impinging on con- Commerce Clause to prohibit female genital or any territory or possession of the United stitutional rights. mutilation. An international market for the States; or It reflects a careful balance between practice exists, and persons who perform fe- ‘‘(7) the conduct described in subsection (a) empowering the investigatory agencies male genital mutilation in other countries otherwise occurred in or affected interstate of the Federal Government to curb typically earn a living from doing so. or foreign commerce. hateful and dangerous incidents of do- (5) Those who perform this conduct often ‘‘(e) For purposes of this section, the term rely on a connection to interstate or foreign mestic terrorism and protecting the ‘female genital mutilation’ means any proce- commerce, such as interstate or foreign trav- dure performed for non-medical reasons that rights of free speech and assembly. el, the transmission or receipt of commu- involves partial or total removal of, or other Mr. Speaker, I thank Representative nications in interstate or foreign commerce, injury to, the external female genitalia, and BRAD SCHNEIDER for his leadership and the use of instruments traded in interstate includes— his diligent work on this important or foreign commerce, or payments of any ‘‘(1) a clitoridectomy or the partial or total legislation during this Congress. We kind in furtherance of this conduct. removal of the clitoris or the prepuce or clit- will be better for the passage of this (6) Amending the statute to specify a link oral hood; legislation. The Nation will be better. to interstate or foreign commerce would ‘‘(2) excision or the partial or total re- confirm that Congress has the affirmative moval (with or without excision of the clit- It is critical that we adopt this bill. power to prohibit this conduct. Mr. Speaker, I ask my colleagues to oris) of the labia minora or the labia majora, support this bipartisan legislation, SEC. 3. AMENDMENTS TO CURRENT LAW ON FE- or both; MALE GENITAL MUTILATION. ‘‘(3) infibulation or the narrowing of the passed out of the Committee on the Ju- Section 116 of title 18, United States Code, vaginal opening (with or without excision of diciary in a bipartisan vote, and I yield is amended— the clitoris); or back the balance of my time. (1) by amending subsection (a) to read as ‘‘(4) other procedures that are harmful to The SPEAKER pro tempore. The follows: the external female genitalia, including question is on the motion offered by ‘‘(a) Except as provided in subsection (b), pricking, incising, scraping, or cauterizing the gentlewoman from Texas (Ms. whoever, in any circumstance described in the genital area.’’. subsection (d), knowingly— JACKSON LEE) that the House suspend SEC. 4. REPORT. the rules and pass the bill, H.R. 5602, as ‘‘(1) performs, attempts to perform, or con- spires to perform female genital mutilation Not later than one year after the date of amended. on another person who has not attained the the enactment of this Act, and annually The question was taken; and (two- age of 18 years; thereafter, the Attorney General, in con- thirds being in the affirmative) the ‘‘(2) being the parent, guardian, or care- sultation with the Secretary of Homeland rules were suspended and the bill, as taker of a person who has not attained the Security, the Secretary of State, the Sec- amended, was passed. age of 18 years facilitates or consents to the retary of Health and Human Services, and A motion to reconsider was laid on female genital mutilation of such person; or the Secretary of Education, shall submit to the table. ‘‘(3) transports a person who has not at- Congress a report that includes— tained the age of 18 years for the purpose of (1) an estimate of the number of women f the performance of female genital mutila- and girls in the United States at risk of or STRENGTHENING THE OPPOSITION tion on such person, who have been subjected to female genital TO FEMALE GENITAL MUTILA- shall be fined under this title, imprisoned mutilation; TION ACT OF 2020 not more than 10 years, or both.’’; (2) the protections available and actions (2) by amending subsection (c) to read as taken, if any, by Federal, State, and local Ms. JACKSON LEE. Mr. Speaker, I follows: agencies to protect such women and girls; move to suspend the rules and pass the ‘‘(c) It shall not be a defense to a prosecu- and bill (H.R. 6100) to amend title 18, tion under this section that female genital (3) the actions taken by Federal agencies United States Code, to clarify the mutilation is required as a matter of reli- to educate and assist communities and key criminalization of female genital muti- gion, custom, tradition, ritual, or standard stakeholders about female genital mutila- lation, and for other purposes, as practice.’’; tion. (3) by striking subsection (d); and amended. SEC. 5. SENSE OF THE CONGRESS. The Clerk read the title of the bill. (4) by adding at the end the following: ‘‘(d) For the purposes of subsection (a), the It is the sense of the Congress that the The text of the bill is as follows: circumstances described in this subsection United States District Court for the Eastern H.R. 6100 are that— District of Michigan erred in invalidating Be it enacted by the Senate and House of Rep- ‘‘(1) the defendant or victim traveled in the prior version of such section 116 (See resentatives of the United States of America in interstate or foreign commerce, or traveled United States v. Nagarwala, 350 F. Supp. 3d Congress assembled, using a means, channel, facility, or instru- 613, 631 (E.D. Mich. 2018)). The commercial SECTION 1. SHORT TITLE. mentality of interstate or foreign commerce, nature of female genital mutilation (herein- This Act may be cited as the ‘‘Strength- in furtherance of or in connection with the after in this section referred to as ‘‘FGM’’) is ening the Opposition to Female Genital Mu- conduct described in subsection (a); ‘‘self-evident,’’ meaning that the ‘‘absence of

VerDate Sep 11 2014 05:44 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K21SE7.066 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4590 CONGRESSIONAL RECORD — HOUSE September 21, 2020 particularized findings’’ about the commer- for a violation of the statute from 5 [From CNN Health, May 11, 2017] cial nature of FGM in the predecessor stat- years to 10 years, though these are not 3 US WOMEN SHARE THE HORRORS OF FEMALE ute did not ‘‘call into question Congress’s au- mandatory minimums. GENITAL MUTILATION thority to legislate’’ (Gonzales v. Raich, 545 The bill is necessary because a dis- (By Sonia Moghe) U.S. 1, 21 (2005)). Nevertheless, the Congress has elected to amend the FGM statute to trict court in Michigan recently dis- EAST LANSING, MICHIGAN (CNN)—Rahel clarify the commercial nature of the conduct missed the first Federal prosecution Musa Aron was just 7 days old when the el- that this statute regulates. But, by doing so, under the existing FGM statute, find- ders of her community in the African nation Congress does not hereby ratify the district ing that the acts prohibited did not of Eritrea performed a centuries-old ritual court’s erroneous interpretation in have a significant nexus to interstate on her tiny body, cutting off her clitoris and Nagarwala. burying it. commerce. We had to engage in fixing Nearly six decades later, the Christian SEC. 6. DETERMINATION OF BUDGETARY EF- this issue. church leader and mother of three daughters FECTS. Mr. Speaker, H.R. 6100 addresses this The budgetary effects of this Act, for the sits at home in this Midwestern city and purpose of complying with the Statutory issue by explicitly requiring that one wonders. Pay-As-You-Go Act of 2010, shall be deter- or more of the following circumstances What would the small sliver of skin have mined by reference to the latest statement must exist. The defendant or victim’s meant for her life? Would childbirth have titled ‘‘Budgetary Effects of PAYGO Legisla- travel in interstate or foreign com- been different? Has she been missing out on tion’’ for this Act, submitted for printing in merce, the defendant’s use of a means a deeper level of intimacy with her husband of 40 years? the Congressional Record by the Chairman of of interstate or foreign commerce, pay- the House Budget Committee, provided that ‘‘I’m sure that it has affected my feeling,’’ ment of any kind made using any Aron, 58, told CNN. ‘‘If it was not cut, maybe such statement has been submitted prior to means, channel, facility or instrumen- the vote on passage. I would have enjoyed whatever I would have tality of interstate or foreign com- enjoyed. It’s a very sensitive area. So if The SPEAKER pro tempore. Pursu- merce, and the defendant’s use of a that’s cut, imagine—imagine what I miss.’’ ant to the rule, the gentlewoman from means of communication affecting Often discussed in whispers, the issue of fe- Texas (Ms. JACKSON LEE) and the gen- interstate or foreign commerce. We are male genital mutilation grabbed headlines tleman from North Dakota (Mr. ARM- therefore confident that this updated last month when, for the first time, US pros- ecutors used a decades-old law that bans the STRONG) each will control 20 minutes. prohibition will pass constitutional The Chair recognizes the gentle- practice to charge two Detroit-area doctors muster and it is critical that we take woman from Texas. and a medical office manager in a case in- these steps to update this statute. volving two 7-year-old girls. Now, several GENERAL LEAVE Mr. Speaker, the one thing I will say women in the United States who endured the Ms. JACKSON LEE. Mr. Speaker, I is, we cannot let what is a technical, procedure when they were young are sharing ask unanimous consent that all Mem- legal act by the court to continue to their stories—all with elements that mirror bers have 5 legislative days to revise provide no protection for young, inno- the Michigan case—in hopes of ending it for and extend their remarks and include cent victims. In the United States, ap- good. extraneous material on the bill under When her own daughters were born, Aron proximately 500,000 women and girls decided the custom endured by her mother consideration. were at risk for FGM or its con- The SPEAKER pro tempore. Is there and her grandmother would die with her. sequences, and more than 3 million objection to the request of the gentle- ‘‘What I believe is, if (the clitoris) wasn’t girls are estimated to be at risk for necessary, God wouldn’t have put it there,’’ woman from Texas? said Aron, a deaconess at St. Luke Lutheran There was no objection. FGM annually, worldwide. The U.S. Government has acknowl- in Lansing, Michigan. ‘‘If it was not impor- Ms. JACKSON LEE. Mr. Speaker, I tant, it would have not been there. It’s part yield myself such time as I may con- edged the international implications of FGM. For instance, in 2018 U.S. Immi- of our body. It is there for a reason.’’ sume. Aron’s scars aren’t as severe as those borne Mr. Speaker, this bill is a long time gration and Customs Enforcement ini- by many of the 200 million women and girls in coming. And I extend a general tiated Operation Limelight USA, an around the globe—nearly a quarter of them thank you for all of the legislative bills outreach program designed by ICE’s younger than 15—who have undergone the on the Committee of the Judiciary that Homeland Security Investigations practice, dubbed FGM or, to some survivors have come before us today, and the Human Rights Violators and War who dislike that phrase, female ritual cut- Crimes Unit, and I thank them for ting. staff, and the excellent work they have The procedure, in which genital organs are done. And let me particularly thank their work to educate travelers on the dangers and consequences of FGM. altered or injured for non-medical reasons to the Subcommittee on Crime for the suppress sexuality, long has been deemed a great work they have done on this leg- Yes, it is being done here in the human rights violation. It’s practiced at all islation, strengthening the opposition United States, in pockets around the educational levels and social classes and to Female Genital Mutilation Act, or Nation, where these women are muti- among people of many faiths, including Mus- STOP FGM Act, to amend current law lated for life. These girls, at a very lims and Christians, though no religious text to ensure that the horrific practice of young age, are mutilated for life in the calls for it. United States, where we have been dis- Though often undertaken as a cleansing female genital mutilation is Federally custom, experts roundly agree it has no med- prohibited consistent with constitu- cussing on this floor your due process, the sanctity of your own body, your ical benefits—and carries myriad health tional restraints. risks, from childbirth and menstrual com- Let me indicate that we have been privacy rights under the Ninth Amend- plications to severe infections, post-trau- asked to engage. It is always good to ment. matic stress, even death. know that the Congress can do things In addition, both the FBI and the Still, the practice persists, mostly in Afri- to fix a skewed system that harms in- Human Rights and Special Prosecu- can and Middle Eastern nations—and in the dividuals every single day, and in this tions Section of the Criminal Division United States, where the estimated number of the Department of Justice work do- of girls and women who have undergone it or instance, it is many young people. are at risk has tripled since 1990 to more Mr. Speaker, the bill would ensure mestically to prosecute and investigate cases involving FGM. We want to give than 500,000. The increase reflects rapid that it is a Federal crime to know- growth in immigration from countries where ingly: them the tools that they can use to get FGM is common. One, perform, attempt to perform, or it right. While anti-cutting advocates hail efforts conspire to perform female genital mu- Federal law enforcement agencies ac- to hold offenders accountable, this case also tilation or FGM on a minor; knowledge that FGM is a global issue raises questions about whether the accused— Two, while being a parent, guardian, and they work with international part- all members of the Dawoodi Bohra sect of or caretaker of a minor, facilitate or ners to eliminate this horrific practice. Shia Islam—are being targeted because of consent to the female genital mutila- FGM, therefore, is considered to have a their faith. Meanwhile, some worry that high-profile prosecutions could drive the tion of the minor; or substantial effect on interstate com- merce because, although illegal, there practice deeper underground, further endan- Three, transport a minor for the pur- gering the very girls and women the law pose of the performance of female gen- is an established interstate and inter- aims to protect. ital mutilation on the minor. national market for the practice. As the issue has gained attention, Immi- The bill would also increase the stat- I include in the RECORD an article gration and Customs Enforcement and the utory maximum term of imprisonment about female genital mutilation. FBI opened national tip lines where anyone

VerDate Sep 11 2014 05:44 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A21SE7.021 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE September 21, 2020 CONGRESSIONAL RECORD — HOUSE H4591 can report their experience or suspicions. able that the first prosecution here looks laxed, with older aunties there, too. She even But as several advocates told CNN, the most like it’s focusing on a particular community laughed. She was the only little girl there. important conversations may be happening of people.’’ ‘‘Then, I remember, I was on the floor and in homes and places of worship, as survivors Haynes doesn’t like when ‘‘my human my dress was pushed in,’’ Taher recalled. ‘‘I share their stories and work to end FGM. rights issues are used for a bigger agenda,’’ remember feeling something sharp and cry- ‘‘This thing,’’ Aron said, ‘‘needs to be she said. ing afterwards. One of the older women gave talked about.’’ Leaders of the Dawoodi Bohra mosque in me a soda. That’s all I remember of it.’’ ‘SPECIAL GIRLS’ TRIP’ Michigan, one of several hubs of the sect in Taher, now 34, said it wasn’t until she was The FBI started looking into the Detroit- the United States, said in a statement that a teenager that she read about FGM in Afri- area case in October, when investigators they offered to help investigators. ca and realized what had happened to her. ‘‘Any violation of US law is counter to in- learned that female genital mutilation was Her scarring was minimal. All the same, she structions to our community members,’’ being performed at the Burhani Medical said, it was a violation. they said. ‘‘It is an important rule of the Clinic. Investigators in February learned ‘‘I honestly had a great childhood, so it’s Dawoodi Bohras that we respect the laws of that two 7-year-old girls from Minnesota really hard for me to talk about this,’’ she the land, wherever we live. This is precisely went to the clinic with their mothers for a said. ‘‘I feel that people paint me as the pic- what we have done for several generations in ‘‘special girls’ trip’’ that they weren’t to tell ture of a victim, and I hate that. Yes, that America. We remind our members regularly anyone about, documents show. One girl told was a violent thing that was done to me, but of their obligations.’’ the FBI their mothers took them to the clin- it’s also such a complicated form of vio- CNN’s calls to mosques attended by the ic because ‘‘our tummies hurt’’ and a doctor lence.’’ girls’ parents and the defendants were not would ‘‘get the germs out.’’ Taher, whose mother and grandmother returned. There were three people in the office, ‘‘one also endured cutting, lives in Massachusetts to clean up and two to hold (the child’s) ‘NEVER TALK ABOUT IT’ and co-founded Sahiyo, an organization that hands,’’ the girl later told investigators. The This case has caught the attention of FGM works to end the practice in the Dawoodi FBI says they were local emergency room survivors across the country, who share a Bohra community. She helps women tell physician Dr. Jumana Nagarwala, clinic di- common story: They were cut at a young age their stories—of being cut, of deciding not to rector Dr. Fakhruddin Attar and his wife, and told not to speak of it. cut, of pretending to have been cut in order Farida Attar, who managed the office in In 1947, Renee Bergstrom was 3, living with to fit in—through social media. Livonia, Michigan, court records show. her white, fundamentalist Christian family Years later, she also has realized perhaps The girl said she took off her pants and un- in rural Minnesota. When her mother saw the most personal achievement of her work: derwear and laid on an exam table with her her toddler touching herself, she worried. She convinced her mother to oppose FGM. knees near her chest and legs spread apart, ‘‘So, she took me to a doctor who said, ‘I ‘‘We’ve had continual conversations,’’ documents show. can fix that,’ and removed my clitoris,’’ Taher said. ‘‘I’ve never blamed her.’’ Nagarwala then gave her a ‘‘little pinch’’ Bergstrom told CNN. Ms. JACKSON LEE. Congress has the in the area ‘‘where we go pee.’’ She said the Bergstrom remembers seeing her mother power under the Commerce Clause to doctor told her and her friend ‘‘no bikes and at the end of the table. She remembers the prohibit FGM, and that is why I was no splits for three days,’’ and the day after pain. And she remembers feeling betrayed. very glad to be the author and sponsor the procedure, the area ‘‘hurted a lot.’’ ‘‘Later the day it happened, . . . she car- The girl said she and her friend got cake ried me around until I quit crying,’’ of this legislation by introducing this— afterward because ‘‘they were doing good,’’ Bergstrom said. ‘‘Even when I was very lit- what the cosponsors and I believe—is documents show. An exam found the girl’s tle, she told me it was a mistake, but I was an important bipartisan bill. labia minora removed or altered, her clitoral to never talk about it.’’ My former colleague, Congressman hood looking abnormal, plus scar tissue and Now, nearly 70 years later, Bergstrom said Crowley of New York, worked with me small healing cuts, court records show. the procedure affected her entire life. Severe on this for many, many years. Our goal The Attars and Nagarwala each face two scarring fused part of her labia; the skin is to protect all women and girls from counts of female genital mutilation, one wouldn’t stretch when it came time to de- the practice of FGM and to provide the count of conspiracy to commit female gen- liver her three children. ital mutilation, and one count of conspiracy Now Bergstrom has teamed up with an- Justice Department with an effective to obstruct an official proceeding. The physi- other survivor in Minnesota, a Somali means of prosecuting those who com- cians could face life in prison if convicted. woman, to spread awareness in the area’s mit this terrible act. That is why I sup- ‘‘This brutal practice is conducted on girls large Somali community. They give pam- port this legislation and authored this for one reason: to control them as women,’’ phlets to expectant mothers who survived legislation at the same time. Daniel Lemisch, acting US Attorney for the the procedure so they can help their doctors Mr. Speaker, as a senior member of the Eastern District of Michigan, said in a state- understand birthing options. Committees on the Judiciary and on Home- ment. ‘‘FGM will not be tolerated in the As she works to help immigrants from a United States.’’ country where FGM is almost universal and land Security, and the Congressional Black But attorneys for the accused say their cli- where Islam is the law, Bergstrom said she is Caucus, and as the bill sponsor, I rise in ents are being persecuted for practicing their concerned about Muslims being targeted in strong support of H.R. 6100, the ‘‘Strength- religion. Nagarwala has pleaded not guilty the United States over the practice. ening the Opposition to Female Genital Mutila- on all counts; the Attars have not entered ‘‘This was done (to me) in white America tion Act of 2020,’’ which I introduced with the pleas, but their attorneys argue they are not by a fundamentalist Christian doctor who Congressman BACON of Nebraska, the lead guilty of all the charges. practiced his religion with a scalpel,’’ she cosponsor. CLEANSING RITUAL NOT ILLEGAL, LAWYER SAYS said. ‘‘I am disturbed by the anti-Muslim sentiment throughout the United States. I I want thank Chairman NADLER for his tre- Nagarwala acknowledges performing a pro- mendous leadership during this Congress and cedure on both girls, her lawyer, Shannon didn’t want this to be another form of dis- crimination against Muslims.’’ the past several months of hardship, stress, Smith, said. But it wasn’t female genital and disruption not only of the regular normal- mutilation, she said, according to court doc- ‘COMPLICATED FORM OF VIOLENCE’ uments; it was a non-invasive, religious The father of one girl in the federal case ized operations of this Committee but of the cleansing ritual in the Dawoodi Bohra tradi- told investigators, ‘‘If they knew what would Congress and more importantly, the lives of tion, rooted in India. come of it, this would never have happened,’’ the American people. Nagarwala, who has been terminated from documents show. It has been said of Americans that we do her job at Henry Ford Health System in None of the parents in this case faces the difficult immediately, and the impossible light of this case, claims she used a long charges—and it’s possible they never will. takes a little longer. scraper-like tool to wipe a small portion of ‘‘The reality is, if you want children to re- The legislative session today is a testament mucus membrane from the girls’ clitorises, port this . . . some people would argue that then put the membrane onto gauze for their it would deter young girls and young women to the determination of this Committee that de- parents to bury, Smith said, adding that her from seeking health care,’’ Haynes said. spite the coronavirus pandemic that has client denies removing tissue and says there ‘‘Children tend to rally around their parents claimed the life of over 200,000 Americans, was no blood, documents show. and other adults in their life that they trust that legislation to improve the lives of the peo- The political environment surrounding the and wouldn’t think to report any kind of ple we represent and the communities we federal prosecution concerns Dina Francesca abuse until later.’’ serve will not be halted. Haynes, a human rights attorney who has For many survivors, coming to terms with The problems facing ordinary Americans worked on hundreds of FGM cases. their mothers’ decisions to promote the due to flaws and inequities in the criminal jus- ‘‘During a time when vigilantism and xeno- practice is complex. phobia (are) high, the likelihood that doctors Mariya Taher was 7 when she went on va- tice system, the immigration system, the of particular national origins would be tar- cation to Mumbai, India, with her parents. health care system, the economy, the trade- geted seems to also be an additional risk,’’ She remembers walking into an apartment mark system and others do not take a time- Haynes told CNN. ‘‘It makes me uncomfort- with her mother. The atmosphere felt re- out because of the pandemic and neither does

VerDate Sep 11 2014 05:44 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 9920 E:\CR\FM\A21SE7.038 H21SEPT1 dlhill on DSK120RN23PROD with HOUSE H4592 CONGRESSIONAL RECORD — HOUSE September 21, 2020 this Congress, and for that I commend Speak- million girls and women alive today have un- Let me be very clear: This is inter- er PELOSI, the House Democratic leadership, dergone female genital mutilation. national, but it is happening in the and my colleagues on both sides of the aisle. Further, there are an estimated 3 million United States, and I think it is impor- Mr. Speaker, female genital mutilation girls at risk of undergoing female genital muti- tant for this Nation to stand up to this (FGM) is an abhorrent practice and a rec- lation every year. dastardly act. ognizable international human rights violation. Because of the manner in which female According to the World Health Orga- H.R. 6100, the STOP FGM Act is necessary genital mutilation is being practiced in the nization, it is estimated that more remedial legislative modifying current law to United States, it affects interstate and foreign than 200 million girls and women alive aid women in several important respects. commerce, the regulation of which the Con- today have undergone female genital Specifically, the legislation would: stitution entrusts to the Congress in Article I, mutilation. Further, there are an esti- 1. Amend 18 U.S.C. § 116 by setting forth section 8, clause 3. mated 3 million girls at risk of under- three groups of persons who can be pros- Therefore, Congress has the authority under going female genital mutilation every ecuted under the statute: (1) anyone who per- the Commerce Clause, as well as Necessary year. forms, attempts to perform, or conspires to and Proper Clause contained in Article I, sec- And because of the manner in which perform, female genital mutilation on a minor; tion 8, clause 17, to regulate, restrict, and female genital mutilation is being (2) a parent, guardian, or caretaker of a minor even prohibit the practice of FGM. practiced in the United States, it af- who facilitates or consents to the female gen- H.R. 6100 is a comprehensive response to fects interstate and foreign commerce, ital mutilation of the minor; and (3) anyone addressing FGM more effectively, and it in- the regulation which the Constitution who transports a minor for the purpose of per- cludes input from a wide array of stake- entrusts in the Constitution in Article formance of female genital mutilation on the holders, including DOJ, anti-FGM advocates, 1, Section 8, Clause 3. minor; clinicians, and CDC experts. Mr. Speaker, I am very grateful to 2. Increase the statutory maximum for a vio- I strongly support this bipartisan legislation the Committee on the Judiciary’s staff lation of the statute, from 5 years to 10 years; and ask my colleagues to do the same. for working together with me and my 3. Prohibit a defendant charged with this of- Mr. Speaker, I reserve the balance of office, making this legislation a real fense from using as a defense the argument my time. fix. Therefore, Congress has the au- that they were compelled to commit the of- Mr. ARMSTRONG. Mr. Speaker, I thority under the Commerce Clause, as fense because of religion, custom, tradition, yield myself such time as I may con- well as the necessary and proper clause ritual, or standard practice; and sume. contained in Article I, Section 8, to fix 4. Amend the existing statute to more ex- Mr. Speaker, I rise in support of H.R. this, and that is what we have done. plicitly define what types of procedures con- 1600, the Stop FGM Act of 2020. Again, let me thank the chairman stitute female genital mutilation. This bill outlaws a practice that is and ranking member of the full com- Most significantly, the STOP FGM Act en- recognized internationally as a human mittee and of the subcommittees, and ables us to better address FGM more com- rights violation, and even torture. It is all of the Members, for supporting this prehensively in the United States by requiring an extreme form of discrimination legislation. The STOP FGM Act is a critical the Attorney General, in consultation with against women and girls. Unfortu- measure to protect the health and safe- other federal agencies, to submit an annual nately, half a million girls and women ty of girls in our communities and to report to Congress, to include the number of worldwide are subject to this torture or ensure that those who would engage in women and girls in the United States at risk of at risk for it. this horrific practice do not go FGM; the protections available and actions I am sure most people assumed that unpunished. taken; and the education and assistance pro- FGM was already illegal. It was. This is bipartisan legislation, and I vided to communities about FGM. In 1996, Congress prohibited the prac- urge my colleagues to join me in sup- Mr. Speaker, according to the World Health tice of FGM. But in 2018, a Federal porting this legislation and voting to Organization (WHO) there are no positive judge in Michigan dismissed charges stop these dastardly acts. health benefits from practice of FGM and the against a doctor and others from a procedure can have severe long-term impacts Mr. Speaker, I yield back the balance local Indian Dawoodi Bohra commu- of my time. on the physical, psychological, sexual, and re- nity involved in the mutilation of nine productive health of girls and women. young girls. The judge ruled that the b 1530 Earlier this year, on Sunday, March 8, we Federal Government does not have the The SPEAKER pro tempore. The celebrated International Women’s Day, which power to regulate FGM. question is on the motion offered by is designed to help nations worldwide elimi- Since that time, the Justice Depart- the gentlewoman from Texas (Ms. nate discrimination against women. ment has been able to stop these acts JACKSON LEE) that the House suspend International Women’s Day focuses on help- of violence against America’s young the rules and pass the bill, H.R. 6100, as ing women gain full and equal participation in girls. amended. global development. This bill will amend title 18 to make The question was taken; and (two- The practice of FGM violates girls’ and FGM that is performed for nonmedical thirds being in the affirmative) the women’s rights to sexual and reproductive reasons a crime and overturn the rules were suspended and the bill, as health, security and physical integrity, their judge’s decision by explicitly describ- amended, was passed. right to be free from torture and cruel, inhu- ing the constitutional basis for ban- A motion to reconsider was laid on man or degrading treatment, and their right to ning FGM under the Commerce Clause the table. life when the procedure results in death. In order for little girls to live their best lives of the United States Constitution. f as strong, empowered women, we must pro- Mr. Speaker, I think all my col- CREATING A RESPECTFUL AND tect them now as girls, to give them a fighting leagues can come together and support OPEN WORLD FOR NATURAL chance. this important bipartisan bill, and I HAIR ACT OF 2020 urge my colleagues to join me in sup- The bipartisan STOP FGM Act takes a big Ms. JACKSON LEE. Mr. Speaker, I and positive step in that direction. porting H.R. 6100. Mr. Speaker, I yield back the balance move to suspend the rules and pass the Mr. Speaker, in 2017, Dr. Nagarwala, a bill (H.R. 5309) to prohibit discrimina- Michigan doctor performed this brutal act on of my time. Ms. JACKSON LEE. Mr. Speaker, I tion based on an individual’s texture or several minors. style of hair, as amended. The U.S. Department of Justice then pros- yield myself such time as I may con- sume. The Clerk read the title of the bill. ecuted her and others for violating the law. The text of the bill is as follows: It was the first federal case of its kind Mr. Speaker, I emphasize that the H.R. 5309 brought under the existing statute. practice of FGM violates girls’ and women’s rights to sexual and reproduc- Be it enacted by the Senate and House of Rep- Nagarwala challenged the law, and the dis- resentatives of the United States of America in trict court agreed and found that the statute tive health, security, and physical in- Congress assembled, was unconstitutional and that FGM is a ‘purely tegrity, their right to be free from tor- SECTION 1. SHORT TITLE. local crime.’ ture and cruel or inhumane or degrad- This Act may be cited as the ‘‘Creating a However, according to the World Health Or- ing treatment, and their right to life Respectful and Open World for Natural Hair ganization, it is estimated that more than 200 when the procedure results in death. Act of 2020’’ or the ‘‘CROWN Act of 2020’’.

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