IN THE SENATE OF THE UNITED STATES
July 13 (legislative day, July 10), 1995
Mr. REID (for himself, Mr. SIMPSON, Mr. WELLSTONE, and Ms. MOSELEY-BRAUN)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
Entitled the "Federal Prohibition of Female Genital
Mutilation Act of 1995"
Be it inacted 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 of the following new section:
"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 ti tle or imprisoned not more than 5 years,
"(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 practitioners; or
"(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 oterh person that the operation is
required as a matter of custom or ritual.
"(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 of midwife.
"(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;
shall be fined under this title or imprisoned not more than one year,
"(2) that person has requested that female circumcision, excision,
or infibulation be performed on any person;
(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
(a) IN GENERAL. -- The Secretary of Health and Human Services shall
carry out the following activities:
(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 o f 18 who have been subjected
to such mutilation.
(b) DEFINITION. -- For purpose 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.
(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 activit ies 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.
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 t he date of the enactment
of this Act.