[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3744 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3744

 To require the Attorney General to promulgate regulations relating to 
 gender-related persecution, including female genital mutilation, for 
use in determining an alien's eligibility for asylum or withholding of 
                              deportation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 27, 1996

  Mrs. Maloney (for herself, Ms. Brown of Florida, Mrs. Clayton, Mr. 
Clyburn, Mr. Dellums, Mr. Evans, Mr. Frank of Massachusetts, Mr. Frost, 
 Ms. Furse, Mr. Gutierrez, Mr. Hinchey, Ms. Norton, Ms. Eddie Bernice 
Johnson of Texas, Mr. LaFalce, Ms. McCarthy, Ms. McKinney, Mrs. Meek of 
Florida, Mrs. Mink of Hawaii, Mr. Nadler, Mr. Payne of New Jersey, Mr. 
  Olver, Miss Collins of Michigan, Mrs. Schroeder, and Ms. Velazquez) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To require the Attorney General to promulgate regulations relating to 
 gender-related persecution, including female genital mutilation, for 
use in determining an alien's eligibility for asylum or withholding of 
                              deportation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REQUIREMENT TO PROMULGATE REGULATIONS CONCERNING GENDER-
              RELATED PERSECUTION.

    (a) Regulations for Use in Evaluating Asylum Applications.--The 
Attorney General shall promulgate regulations, which shall apply to the 
determination of an alien's eligibility to be granted asylum under 
section 208(a) of the Immigration and Nationality Act, interpreting, in 
a manner consistent with international law and standards, the term 
``persecution'', as used in section 101(a)(42)(A) of such Act, to 
include gender-related persecution, including female genital 
mutilation. The regulations under this subsection may not create 
burdens, or increase requirements, for establishing persecution beyond 
those established by international law and standards and recent 
decisions of the Board of Immigration Appeals.
    (b) Regulations for Use in Withholding Deportation or Return.--The 
Attorney General shall promulgate regulations relating to gender-
related persecution, including female genital mutilation, which shall 
apply to the determination under section 243(h) of the Immigration and 
Nationality Act. The regulations under this subsection shall be 
consistent, to the extent appropriate under such Act, with the 
regulations under subsection (a).
    (c) Deadline.--The Attorney General shall promulgate the 
regulations required by this Act not later than the date that is 30 
days after the date of the enactment of this Act.
    (d) Definition.--For purposes of this Act, the term ``gender-
related persecution'' means a harm that--
            (1) is specific to, or disproportionately affects, women on 
        the ground of their gender; and
            (2) otherwise would be considered persecution for purposes 
        of section 101(a)(42)(A) of the Immigration and Nationality 
        Act.
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