[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 544 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 544

 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 
                                removal.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 2001

 Mrs. Maloney of New York (for herself and Mrs. Kelly) 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 
                                removal.

    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 of the Immigration and Nationality Act (8 U.S.C. 1158), 
interpreting, in a manner consistent with international law and 
standards, the term ``persecution'', as used in section 101(a)(42)(A) 
of such Act (8 U.S.C. 1101(a)(42)(A)), 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 decisions of the Board of Immigration Appeals.
    (b) Regulations for Use in Withholding of Removal.--The Attorney 
General shall promulgate regulations relating to gender-related 
persecution, including female genital mutilation, which shall apply to 
the determination under section 241(b)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1231(b)(3)). 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 
        (8 U.S.C. 1101(a)(42)(A)).
                                 <all>