of torture. Those claiming asylum deserve prompt
consideration of their applications for political asy-
lum to minimize the insecurity and sense of danger.
Many torture survivors now live in the United
States. They should be provided with the rehabilita-
tion services which would enable them to become
productive members of our communities.
(6) The development of a treatment movement
for torture survivors has created new opportunities
for action by the United States and other nations to
oppose state-sponsored and other acts of torture.
(7) There is a need for a comprehensive strat-
egy to protect and support torture victims and their
treatment providers, together with overall efforts to
eliminate torture.
(8) By acting to heal the survivors of torture
and protect their families, the United States can
help to heal the effects of torture and prevent its use
around the world.
(9) The United States became a party to the
Convention Against Torture and Other Cruel, Inhu-
man, or Degrading Treatment or Punishment on
November 20, 1994, but has not enacted legislation
to implement Article 3 of the Convention.
SEC. 3. DEFINITIONS.
(a) IN GENERAL.—Except as otherwise provided, the
terms used in this Act have the meanings given those
terms in section 101(a) of the Immigration and National-
ity Act (8 U.S.C. 1101(a)).
(b) TORTURE.—The term ‘‘torture’’ has the meaning
given the term in section 2340(1) of title 18, United
States Code, and includes the use of rape and other forms
of sexual violence by a person acting under the color of
law upon another person under his custody or physical
control.
SEC. 4. PROHIBITION ON INVOLUNTARY RETURN OF PER-
SONS FEARING SUBJECTION TO TORTURE.
(a) PROHIBITION.—Notwithstanding any other provi-
sion of law, the United States shall not expel, remove, ex-
tradite, or otherwise return involuntarily an individual to
a country if there is substantial evidence that a reasonable
person in the circumstances of that individual would fear
subjection to torture in that country.
(b) DEFINITION.—For purposes of this section, the
term ‘‘to return involuntarily’’, in the case of an individ-
ual, means—
(1) to return the individual without the individ-
ual’s consent, whether or not the return is induced
by physical force and whether or not the person is
physically present in the United States; or
(2) to take an action by which it is reasonably
foreseeable that the individual will be returned,
whether or not the return is induced by physical
force and whether or not the person is physically
present in the United States.
SEC. 5. IMMIGRATION PROCEDURES FOR TORTURE VIC-
TIMS.
(a) COVERED ALIENS.—An alien described in this
section is any alien who presents a claim of having been
subjected to torture, or whom there is reason to believe
has been subjected to torture.
(b) CONSIDERATION
OF
THE EFFECTS
OF TOR-
TURE.—In considering an application by an alien de-
scribed in subsection (a) for refugee status under section
207 of the Immigration and Nationality Act, asylum under
section 208 of that Act, or withholding of removal under
section 241(b)(3) of that Act, the appropriate officials
shall take into account—
(1) the manner in which the effects of torture
might affect the applicant’s responses in the applica-
tion and in the interview process or other immigra-
tion proceedings, as the case may be;
(2) the difficulties torture victims often have in
recounting their suffering under torture; and
(3) the fear victims have of returning to their
country of nationality where, even if torture is no
longer practiced or the incidence of torture is re-
duced, their torturers may have gone unpunished
and may remain in positions of authority.
(c) EXPEDITED PROCESSING OF REFUGEE ADMIS-
SIONS.—For purposes of section 207(c) of the Immigra-
tion and Nationality Act (8 U.S.C. 1157(c)), refugees who
have been subjected to torture shall be considered to the
refugees of special humanitarian concern to the United
States and shall be accorded priority for resettlement at
least as high as that accorded any other group of refugees.
(d) PROCESSING FOR ASYLUM AND WITHHOLDING
OF REMOVAL.—Section 235(b)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1225(b)(1)(A)) is amended
by adding at the end the following new clause:
‘‘(iv) 
SPECIAL
PROCEDURES
FOR
ALIENS WHO ARE THE VICTIMS OF TOR-
TURE.—
‘‘(I) EXPEDITED PROCEDURES.—
With the consent of the alien, an asy-
lum officer or immigration judge shall
expedite the scheduling of an asylum
interview or a removal proceeding for
any alien who presents a claim of hav-
ing been subjected to torture, unless
the evidence indicates that a delay in
making a determination regarding the
granting of asylum under section 208
of the Immigration and Nationality
Act or the withholding of removal
under section 241(b)(3) of that Act
with respect to the alien would not ag-
gravate the physical or psychological
effects of torture upon the alien.
‘‘(II) DELAY OF PROCEEDINGS.—
With the consent of the alien, an asy-
lum officer or immigration judge shall
postpone an asylum interview or a re-
moval proceeding for any alien who
presents a claim of having been sub-
jected to torture, if the evidence indi-
cates that, as a result of the alien’s
mental or physical symptoms resulting
from torture, including the alien’s in-
ability to recall or relate the events of
the torture, the alien will require more
time to recover or be treated before
being required to testify.’’.
(c) PAROLE IN LIEU OF DETENTION.—The finding
that an alien is a person described in subsection (a) shall
be a strong presumptive basis for a grant of parole, under
section 212(d)(5) of the Immigration and Nationality Act
(8 U.S.C. 1182(d)(5)), in lieu of detention.
(f) EXEMPTION FROM EXPEDITED REMOVAL.—Sec-
tion 235(b)(1)(F) of the Immigration and Nationality Act
(8 U.S.C. 1225(b)(1)(F)) is amended by inserting before
the period at the end the following: ‘‘, or to an alien de-
scribed in section 5(a) of the Torture Victims Relief Act’’.
(g) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Attorney General should allocate resources
sufficient to maintain in the Resource Information Center
of the Immigration and Naturalization Service current in-
formation relating to the use of torture in foreign coun-
tries.
SEC. 6. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRA-
TION, AND ASYLUM PERSONNEL.
(a) IN GENERAL.—The Attorney General shall pro-
vide training for immigration inspectors and examiners,
immigration officers, asylum officers, immigration judges,
and all other relevant officials of the Department of Jus-
tice, and the Secretary of State shall provide training for
consular officers, with respect to—
(1) the identification of torture;