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Congressional Record—House H4589 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.
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