STOP FGM Act of 2020

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…

Congressional Research Service · 2021-01-05