GLOBAL DATABASE ON VIOLENCE AGAINST WOMEN AND GIRLSCOUNTRY-PROFILEUNITED STATES OF AMERICAMEASURESFEDERAL PROHIBITION OF FEMALE GENITAL MUTILATION ACT
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UNITED STATES OF AMERICA | AMERICAS
Federal Prohibition of Female Genital Mutilation Act
Type of Measure
Laws > Violence against women > Legislation
Form of Violence
Female genital mutilation
Year
1995
Brief Description
The Federal Prohibition of Female Genital Mutilation Act of 1995: Chapter 7 of title 18, United States Code, is amended by adding at the end the following new section:

Sec. 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 title or imprisoned not more than 5 years, or both.

(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 practitioner; or
  • (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 or midwife.

(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 other person that the operation is required as a matter of custom or ritual.

(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; or
  • (2) that person has requested that female circumcision, excision, or infibulation be performed on any person; shall be fined under this title or imprisoned not more than one year, or both.

Sec. 3. Information and Education regarding Female 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 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 of 18 who have been subjected to such mutilation.
  • (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 health 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 female genital mutilation and complications arising from such mutilation. Such recommendations shall be disseminated to such schools.

(b) Definition.--For purposes 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.

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