II

105TH CONGRESS

2D SESSION S. 1603

To provide a comprehensive program of support for victims of torture.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 4, 1998

Mr. GRAMS introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To provide a comprehensive program of support for victims

of torture.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Survivors of Torture

5 Support Act’’.

6 SEC. 2. FINDINGS.

7 Congress makes the following findings:

8 (1) The American people abhor torture by any

9 government or person. The existence of torture cre10 ates a climate of fear and international insecurity

11 that affects all people.
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1 (2) Torture is the deliberate mental and phys2 ical damage caused by governments to individuals to

3 destroy individual personality and terrorize society.

4 The effects of torture are long term. Those effects

5 can last a lifetime for the survivors and affect future

6 generations.

7 (3) By eliminating leadership of their opposi8 tion and frightening the general public, repressive

9 governments often use torture as a weapon against

10 democracy.

11 (4) Torture survivors remain under physical

12 and psychological threats, especially in communities

13 where the perpetrators are not brought to justice. In

14 many nations, even those who treat torture survivors

15 are threatened with reprisals, including torture, for

16 carrying out their ethical duties to provide care.

17 Both the survivors of torture and their treatment

18 providers should be accorded protection from further

19 repression.

20 (5) A significant number of refugees and

21 asylees entering the United States have been victims

22 of torture. Those claiming asylum deserve prompt

23 consideration of their applications for political asy24 lum to minimize their insecurity and sense of dan25 ger. Many torture survivors now live in the United
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1 States. They should be provided with the rehabilita2 tion services which would enable them to become

3 productive members of our communities.

4 (6) The development of a treatment movement

5 for torture survivors has created new opportunities

6 for action by the United States and other nations to

7 oppose state-sponsored and other acts of torture.

8 (7) There is a need for a comprehensive strat9 egy to protect and support torture victims and their

10 treatment providers, together with overall efforts to

11 eliminate torture.

12 (8) By acting to heal the survivors of torture

13 and protect their families, the United States can

14 help to heal the effects of torture and prevent its use

15 around the world.

16 (9) The United States became a party to the

17 Convention Against Torture and Other Cruel, Inhu18 man, or Degrading Treatment or Punishment on

19 November 20, 1994.

20 SEC. 3. DEFINITIONS.

21 As used in this Act:

22 (1) IN GENERAL.—Except as otherwise pro23 vided, the terms used in this Act have the meanings

24 given those terms in section 101(a) of the Immigra25 tion and Nationality Act (8 U.S.C. 1101(a)).
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1 (2) TORTURE.—The term ‘‘torture’’ has the

2 meaning given the term in section 2340(1) of title

3 18, United States Code, and includes the use of rape

4 and other forms of sexual violence by a person act5 ing under the color of law upon another person

6 under his custody or physical control.

7 SEC. 4. UNITED STATES POLICY WITH RESPECT TO THE IN8 VOLUNTARY RETURN OF PERSONS IN DAN9 GER OF SUBJECTION TO TORTURE.

10 (a) POLICY.—It shall be the policy of the United

11 States not to expel, extradite, or otherwise effect the invol12 untary return of any person to a country in which there

13 are substantial grounds for believing the person would be

14 in danger of being subjected to torture, regardless of

15 whether the person is physically present in the United

16 States.

17 (b) REGULATIONS.—Not later than 120 days after

18 the date of enactment of this Act, the heads of the appro19 priate agencies shall prescribe regulations to implement

20 the obligations of the United States under Article 3 of the

21 United Nations Convention Against Torture and Other

22 Forms of Cruel, Inhuman or Degrading Treatment or

23 Punishment, subject to any reservations, understandings,

24 declarations, and provisos contained in the United States

25 Senate resolution of ratification of the Convention.
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1 (c) EXCLUSION OF CERTAIN ALIENS.—To the maxi2 mum extent consistent with the obligations of the United

3 States under the Convention, subject to any reservations,

4 understandings, declarations, and provisos contained in

5 the United States Senate resolution of ratification of the

6 Convention, the regulations described in subsection (b)

7 shall exclude from the protection of such regulations aliens

8 described in section 241(b)(3)(B) of the Immigration and

9 Nationality Act (8 U.S.C. 1231(b)(3)(B)).

10 (d) REVIEW AND CONSTRUCTION.—Notwithstanding

11 any other provision of law, and except as provided in the

12 regulations described in subsection (b), no court shall have

13 jurisdiction to review the regulations adopted to imple14 ment this section, and nothing in this section shall be con15 strued as providing any court jurisdiction to consider or

16 review claims raised under the Convention or this section,

17 or any other determination made with respect to the appli18 cation of the policy set forth in subsection (a), except as

19 part of the review of a final order of removal pursuant

20 to section 242 of the Immigration and Nationality Act (8

21 U.S.C. 1252).

22 (e) AUTHORITY TO DETAIN.—Nothing in this section

23 shall be construed as limiting the authority of the Attor24 ney General to detain any person under any provision of
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1 law, including, but not limited to, any provision of the Im2 migration and Nationality Act.

3 (f) DEFINITIONS.—

4 (1) CONVENTION DEFINED.—In this section,

5 the term ‘‘Convention’’ means the United Nations

6 Convention Against Torture and Other Forms of

7 Cruel, Inhuman or Degrading Treatment or Punish8 ment, done at New York on December 10, 1984.

9 (2) SAME TERMS AS IN THE CONVENTION.—Ex10 cept as otherwise provided, the terms used in this

11 section have the meanings given those terms in the

12 Convention, subject to any reservations, understand13 ings, declarations, and provisos contained in the

14 United States Senate resolution of ratification of the

15 Convention.

16 SEC. 5. IMMIGRATION PROCEDURES FOR TORTURE VIC17 TIMS.

18 (a) COVERED ALIENS.—An alien described in this

19 section is any alien who presents a claim of having been

20 subjected to torture, or whom there is reason to believe

21 has been subjected to torture.

22 (b) CONSIDERATION OF THE EFFECTS OF TOR23 TURE.—In considering an application by an alien de24 scribed in subsection (a) for refugee status under section

25 207 of the Immigration and Nationality Act, asylum under
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1 section 208 of that Act, or withholding of removal under

2 section 241(b)(3) of that Act, the appropriate officials

3 shall take into account—

4 (1) the manner in which the effects of torture

5 might affect the applicant’s responses in the applica6 tion and in the interview process or other immigra7 tion proceedings, as the case may be;

8 (2) the difficulties torture victims often have in

9 recounting their suffering under torture; and

10 (3) the fear victims have of returning to their

11 country of nationality where, even if torture is no

12 longer practiced or the incidence of torture is re13 duced, their torturers may have gone unpunished

14 and may remain in positions of authority.

15 (c) EXPEDITED PROCESSING OF REFUGEE ADMIS16 SIONS.—For purposes of section 207(c) of the Immigra17 tion and Nationality Act (8 U.S.C. 1157(c)), refugees who

18 have been subjected to torture shall be considered to be

19 refugees of special humanitarian concern to the United

20 States and shall be accorded priority for resettlement at

21 least as high as that accorded any other group of refugees.

22 (d) PROCESSING FOR ASYLUM AND WITHHOLDING

23 OF REMOVAL.—Section 235(b)(1)(A) of the Immigration

24 and Nationality Act (8 U.S.C. 1225(b)(1)(A)) is amended

25 by adding at the end the following new clause:
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1 ‘‘(iv) SPECIAL PROCEDURES FOR

2 ALIENS WHO ARE THE VICTIMS OF TOR3 TURE.—

4 ‘‘(I) EXPEDITED PROCEDURES.—

5 With the consent of the alien, an asy6 lum officer or immigration judge shall

7 expedite the scheduling of an asylum

8 interview or a removal proceeding for

9 any alien who presents a claim of hav10 ing been subjected to torture, unless

11 the evidence indicates that a delay in

12 making a determination regarding the

13 granting of asylum under section 208

14 of the Immigration and Nationality

15 Act or the withholding of removal

16 under section 241(b)(3) of that Act

17 with respect to the alien would not ag18 gravate the physical or psychological

19 effects of torture upon the alien.

20 ‘‘(II) DELAY OF PROCEEDINGS.—

21 With the consent of the alien, an asy22 lum officer or immigration judge shall

23 postpone an asylum interview or a re24 moval proceeding for any alien who

25 presents a claim of having been sub-
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1 jected to torture, if the evidence indi2 cates that, as a result of the alien’s

3 mental or physical symptoms resulting

4 from torture, including the alien’s in5 ability to recall or relate the events of

6 the torture, the alien will require more

7 time to recover or be treated before

8 being required to testify.’’.

9 (e) PAROLE IN LIEU OF DETENTION.—The finding

10 that an alien is a person described in subsection (a) shall

11 be a strong presumptive basis for a grant of parole, under

12 section 212(d)(5) of the Immigration and Nationality Act

13 (8 U.S.C. 1182(d)(5)), in lieu of detention.

14 (f) EXEMPTION FROM EXPEDITED REMOVAL.—Sec15 tion 235(b)(1)(F) of the Immigration and Nationality Act

16 (8 U.S.C. 1225(b)(1)(F)) is amended by inserting before

17 the period at the end the following: ‘‘, or to an alien de18 scribed in section 5(a) of the Survivors of Torture Support

19 Act’’.

20 (g) SENSE OF CONGRESS.—It is the sense of Con21 gress that the Attorney General should allocate resources

22 sufficient to maintain in the Resource Information Center

23 of the Immigration and Naturalization Service current in24 formation relating to the use of torture in foreign coun25 tries.
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1 SEC. 6. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRA2 TION, AND ASYLUM PERSONNEL.

3 (a) IN GENERAL.—The Attorney General shall pro4 vide training for immigration inspectors and examiners,

5 immigration officers, asylum officers, immigration judges,

6 and all other relevant officials of the Department of Jus7 tice, and the Secretary of State shall provide training for

8 consular officers, with respect to—

9 (1) the identification of torture;

10 (2) the identification of the surrounding cir11 cumstances in which torture is most often practiced;

12 (3) the long-term effects of torture upon a vic13 tim;

14 (4) the identification of the physical, cognitive,

15 and emotional effects of torture, and the manner in

16 which these effects can affect the interview or hear17 ing process; and

18 (5) the manner of interviewing victims of tor19 ture so as not to retraumatize them, eliciting the

20 necessary information to document the torture expe21 rience, and understanding the difficulties victims

22 often have in recounting their torture experience.

23 (b) GENDER-RELATED CONSIDERATIONS.—In con24 ducting training under subsection (a) (4) or (5), gender25 specific training shall be provided on the subject of inter-
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1 acting with women and men who are victims of torture

2 by rape or any other form of sexual violence.

3 SEC. 7. DOMESTIC TREATMENT CENTERS.

4 (a) AMENDMENT OF THE IMMIGRATION AND NA5 TIONALITY ACT.—Section 412 of the Immigration and

6 Nationality Act (8 U.S.C. 1522) is amended by adding

7 at the end the following new subsection:

8 ‘‘(b) ASSISTANCE FOR TREATMENT OF TORTURE

9 VICTIMS.—The Secretary may provide grants to programs

10 in the United States to cover the cost of the following serv11 ices:

12 ‘‘(1) Services for the rehabilitation of victims of

13 torture, including treatment of the physical and psy14 chological effects of torture.

15 ‘‘(2) Social and legal services for victims of tor16 ture.

17 ‘‘(3) Research and training for health care pro18 viders outside of treatment centers, or programs for

19 the purpose of enabling such providers to provide

20 the services described in paragraph (1).’’.

21 (b) FUNDING.—

22 (1) AUTHORIZATION OF APPROPRIATIONS.—Of

23 the amounts authorized to be appropriated for the

24 Department of Health and Human Services for fis25 cal years 1999, 2000, and 2001, there are author-
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1 ized to be appropriated to carry out section 412(g)

2 of that Act (relating to assistance for domestic cen3 ters and programs for the treatment of victims of

4 torture), as added by subsection (a), the following

5 amounts for the following fiscal years:

6 (A) For fiscal year 1999, $5,000,000.

7 (B) For fiscal year 2000, $7,500,000.

8 (C) For fiscal year 2001, $8,000,000.

9 (2) AVAILABILITY OF FUNDS.—Amounts appro10 priated pursuant to this subsection shall remain

11 available until expended.

12 (c) EFFECTIVE DATE.—The amendment made by

13 subsection (a) shall take effect on October 1, 1998.

14 SEC. 8. FOREIGN TREATMENT CENTERS.

15 (a) AMENDMENTS OF THE FOREIGN ASSISTANCE

16 ACT OF 1961.—Part I of the Foreign Assistance Act of

17 1961 (22 U.S.C. 2151 et seq.) is amended by adding at

18 the end of chapter 1 the following new section:

19 ‘‘SEC. 129. ASSISTANCE FOR VICTIMS OF TORTURE.

20 ‘‘(a) IN GENERAL.—The President is authorized to

21 provide assistance for the rehabilitation of victims of tor22 ture.

23 ‘‘(b) ELIGIBILITY FOR GRANTS.—Such assistance

24 shall be provided in the form of grants to treatment cen25 ters and programs in foreign countries that are carrying
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1 out projects or activities specifically designed to treat vic2 tims of torture for the physical and psychological effects

3 of the torture.

4 ‘‘(c) USE OF FUNDS.—Such assistance shall be avail5 able—

6 ‘‘(1) for direct services to victims of torture;

7 and

8 ‘‘(2) to provide research and training to health

9 care providers outside of treatment centers or pro10 grams described in subsection (b), for the purpose of

11 enabling such providers to provide the services de12 scribed in paragraph (1).’’.

13 (b) FUNDING.—

14 (1) AUTHORIZATION OF APPROPRIATIONS.—Of

15 the amounts authorized to be appropriated for fiscal

16 years 1999, 2000, and 2001 pursuant to chapter 1

17 of part I of the Foreign Assistance Act of 1961,

18 there are authorized to be appropriated to the Presi19 dent $5,000,000 for fiscal year 1999, $7,500,000 for

20 fiscal year 2000, and $8,000,000 for fiscal year

21 2001 to carry out section 129 of the Foreign Assist22 ance Act of 1961, as added by subsection (a).

23 (2) AVAILABILITY OF FUNDS.—Amounts appro24 priated pursuant to this subsection shall remain

25 available until expended.
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1 (c) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall take effect on October 1, 1998.

3 SEC. 9. MULTILATERAL ASSISTANCE.

4 (a) FUNDING.—Of the amounts authorized to be ap5 propriated for fiscal years 1999, 2000, and 2001 pursuant

6 to chapter 1 of part I of the Foreign Assistance Act of

7 1961, there are authorized to be appropriated to the

8 United Nations Voluntary Fund for Victims of Torture

9 (in this section referred to as the ‘‘Fund’’) the following

10 amounts for the following fiscal years:

11 (1) FISCAL YEAR 1999.—For fiscal year 1999,

12 $3,000,000.

13 (2) FISCAL YEAR 2000.—For fiscal year 2000,

14 $3,000,000.

15 (3) FISCAL YEAR 2001.—For fiscal year 2001,

16 $3,000,000.

17 (b) AVAILABILITY OF FUNDS.—Amounts appro18 priated pursuant to subsection (a) shall remain available

19 until expended.

20 (c) SENSE OF CONGRESS.—It is the sense of Con21 gress that the President, acting through the United States

22 Permanent Representative to the United Nations,

23 should—

24 (1) request the Fund—
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1 (A) to find new ways to support and pro2 tect treatment centers and programs that are

3 carrying out rehabilitative services for victims

4 of torture; and

5 (B) to encourage the development of new

6 such centers and programs;

7 (2) use the voice and vote of the United States

8 to support the work of the Special Rapporteur on

9 Torture and the Committee Against Torture estab10 lished under the Convention Against Torture and

11 Other Cruel, Inhuman or Degrading Treatment or

12 Punishment; and

13 (3) use the voice and vote of the United States

14 to establish a country rapporteur or similar proce15 dural mechanism to investigate human rights viola16 tions in a country if either the Special Rapporteur

17 or the Committee Against Torture indicates that a

18 systematic practice of torture is prevalent in that

19 country.

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