Be
it enacted by the Senate and House of
Representatives of the United States of America
in Congress assembled, to amend the
Female Genital Mutilation Act of 1996 (a) so
that boys, intersex individuals, and
nonconsenting adults may also be protected from
genital mutilation; (b) to increase the maximum
punishment of offense to 14 years imprisonment,
(c) to include assistance or facilitation of
genital mutilation of children or nonconsenting
adults as an offense, and (d) to prohibit
persons in the U.S. from arranging or
facilitating genital mutilation of children and
nonconsenting adults in foreign countries.
SECTION 1. SHORT TITLE
This
Act may be cited as the "Federal Prohibition of
Genital Mutilation Act of 2010".
SECTION 2. TITLE 18 AMENDMENT
(A)
IN GENERAL.--Title 18, Part I, Chapter 7,
Section 116 of the United States Code is
amended by revising the text to read as
follows:
"116. GENITAL MUTILATION
"(a)
Except as provided in subsection (b), whoever
knowingly circumcises, excises, cuts, or
mutilates the whole or any part of the labia
majora, labia minora, clitoris, vulva, breasts,
nipples, foreskin, glans, testicles, penis,
ambiguous genitalia, hermaphroditic genitalia,
or genital organs of another person who has not
attained the age of 18 years or on any
nonconsenting adult; whoever prematurely and
forcibly retracts the penile or clitoral prepuce
of another person who has not attained the age
of 18 years or on any nonconsenting adult,
except to the extent that the prepuce has
already separated from the glans; whoever
knowingly assists with or facilitates any of
these acts; or whoever arranges, plans, aids,
abets, counsels, facilitates, or procures a
genital mutilation operation on another person
outside the United States who has not attained
the age of 18 years or on any nonconsenting
adult outside the United States shall be fined
under this title or imprisoned not more than 14
years, or both.
"(b)
A surgical operation is not a violation of this
section if the operation is (1) performed on a
person who has not attained the age of 18 years
and is necessary to the physical health of the
person on whom it is performed because of a
clear, compelling, and immediate medical need
with no less-destructive alternative treatment
available, and is
performed by a person licensed in the place of
its performance as a medical practitioner; (2)
performed on an adult who is physically unable
to give consent and there is a clear,
compelling, and immediate medical need with no
less-destructive alternative
treatment available, and is performed
by a person licensed in the place of its
performance as a medical practitioner; or (3)
performed on a person in labor or who has just
given birth and is performed for medical
purposes connected with that labor or birth
because of a clear, compelling, and immediate
medical need with no less-destructive
alternative
treatment available, and is performed by a person
licensed in the place it is performed as a
medical practitioner, midwife, or person in
training to become such a practitioner or
midwife.
"(c)
In applying subsection (b), 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 other person that the
operation is required as a matter of custom or
ritual.
(B)
CLERICAL AMENDMENT.--The table of sections at
the beginning of Chapter 7 of Title 18, Part I,
of the United States Code, is amended by
revising Section 116 to read "116. Genital
mutilation."
SECTION 3. INFORMATION AND EDUCATION REGARDING
GENITAL MUTILATION
(A)
IN GENERAL. -- The Secretary of Health and Human
Services shall carry out the following
activities:
(1)
Compile data on the number of persons of all
sexes living in the United States who have been
subjected to genital mutilation (whether in the
United States or in their countries of origin),
including a specification of the number of
children under the age of 18 who have been
subjected to such mutilation.
(2)
Identify communities in the United States that
practice 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 activities 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 genital mutilation and
complications arising from such mutilation, as
well as complications arising from premature
forcible retraction of the prepuce. Such
recommendations shall be disseminated to such
schools.
(B)
IN GENERAL. -- The President shall carry out the
following activities:
(1)
Seek to end the practice of genital mutilation
worldwide through the active cooperation and
participation of governments in countries where
genital mutilation takes place.
(2)
Steps to end the practice of genital mutilation
should include--
(a)
encouraging nations to establish clear policies
against genital mutilation and enforcing
existing laws which prohibit it;
(b)
assisting nations in creating culturally
appropriate outreach programs that include
education and counseling about the dangers of
genital mutilation to people of all ages; and
(c)
ensuring that all appropriate programs in which
the United States participates include a
component pertaining to genital mutilation, so
as to ensure consistency across the spectrum of
health and child related programs conducted in
any country in which genital mutilation is known
to be a problem.
(C)
DEFINITIONS. -- For purpose of this Act, the
term "genital mutilation" means the removal or
cutting (or both) of the whole or part of the
clitoris, labia minora, labia majora, vulva,
breasts, nipples, foreskin, glans, testicles,
penis, ambiguous genitalia, hermaphroditic
genitalia, or genital organs. The term
"premature forcible retraction of the penile or
clitoral prepuce" means forced retraction of the
prepuce from the glans, except to the extent
that the prepuce has already separated from the
glans. The term "prepuce" means foreskin. The
term "adult" means a person who has attained the
age of 18 years. The term "nonconsenting" means
not wishing to undergo genital mutilation.
SECTION 4. EFFECTIVE DATES
Section 2 of this Act shall take effect
immediately after the date of the enactment of
this Act. Section 3 of this Act shall take
effect immediately after the date of the
enactment of this Act, and the Secretary of
Health and Human Services and the President
shall commence carrying it out not later than 90
days after the date of the enactment of this
Act.
Prior U.S. MGM
Bills
(PDF):
2009,
2008,
2007,
2006,
2005,
2004
