S.Amdt. 4425

This amendment, submitted by Mrs. Blackburn and Mr. Tuberville, aims to replace Title III of the bill with a new title called "Save American Children." The purpose of this change is to amend Section 116 of title 18, United States Code, to create criminal penalties and civil liabilities for certain procedures performed on minors.

Key Changes and Additions:

• Criminal Penalties: It establishes that anyone who knowingly performs or attempts genital or bodily mutilation, or chemically castrates a minor, can be fined, imprisoned for up to 10 years, or both. This also applies to those who facilitate or consent to female genital mutilation or transport a minor for that purpose.

• Scope of Restrictions: The amendment defines "chemical castration" as the use of puberty-blocking drugs or certain hormones. It defines "genital or bodily mutilation" to include female genital mutilation and various surgeries or implants intended to change a person's body to no longer correspond to their biological sex.

• Exceptions: The law would not apply if the procedure is necessary for the minor's health and is performed by a licensed medical practitioner. However, it explicitly states that "health" does not include mental, behavioral, or emotional distress or disorders. Other exceptions include individuals with specific genetic or biochemical conditions and those with precocious puberty.

• Legal Protections and Actions:

  • It prohibits the prosecution of the victim.
  • It removes the defense that a procedure was required by religion, custom, or tradition.
  • It allows victims to bring a civil action for damages in federal court up to 20 years after they turn 18.