SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The American people abhor torture and the
use of atrocities by repressive governments. The ex-
istence of torture creates a climate of fear and inter-
national insecurity that affects all people.
(2) Torture is the strategic use of pain to de-
stroy both individuals and society. The effects of tor-
ture are long term. Those effects can last a lifetime
for the survivors and affect future generations.
(3) By eliminating leadership of their opposi-
tion and frightening the general public, repressive
governments use torture as a weapon against democ-
racy.
(4) Torture victims remain under physical and
psychological threats, especially in communities
where the perpetrators are not brought to justice. In
many nations, even those who treat torture victims
are threatened with reprisals, including torture, for
carrying out their ethical duties to provide care.
Both the survivors of torture and their treatment
providers deserve, and often require, protection from
further repression.
(5) A significant number of refugees and
asylees entering the United States have been victims
of governmental torture. Those claiming asylum de-
serve prompt consideration of the applications for
political asylum to minimize their insecurity and
sense of danger. Many torture survivors now live in
the United States. They should be provided with the
rehabilitation services which would enable them to
become productive members of our communities.
(6) Building democratic cultures requires not
only legal and political institution-building, but also
addressing the physical, psychological, and spiritual
damage of repression, in order to foster a climate
and opportunity of healing for the victims and for
society.
(7) 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 acts of torture.
(8) There is a need for a comprehensive strat-
egy to protect and support torture victims and their
treatment providers as part of the overall objective
of eliminating torture.
(9) By acting to heal the survivors of torture
and protect their families, the United States can
move to defeat the actions of torturers.
(10) The United States has ratified the Con-
vention Against Torture and Other Cruel, Inhuman,
or Degrading Treatment or Punishment, but has not
implemented all provisions of the convention.
SEC. 3. DEFINITIONS.
(a) IN GENERAL.—Except as otherwise provided the
terms used in this Act have the same meaning given such
terms in section 101(a) of the Immigration and National-
ity Act.
(b) TORTURE.—As used in this Act, the term ‘‘tor-
ture’’ means any act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a
person for such purposes as obtaining from the person or
a third person information or a confession, punishing the
person for an act the person or a third person has commit-
ted or is suspected of having committed, or intimidating
or coercing the person or a third person, or for any reason
based on discrimination of any kind, when such pain or
suffering is inflicted by, at the instigation of, or with the
consent or acquiescence of a public official or other person
acting in an official capacity. It does not include pain or
suffering arising only from, inherent in, or incidental to
lawful sanctions.
(c) SUBSTANTIAL GROUNDS
FOR BELIEVING.—As
used in this Act, the term ‘‘substantial grounds for believ-
ing’’ means substantial evidence.
(d) IN DANGER
OF BEING SUBJECTED
TO TOR-
TURE.—As used in this Act, the term ‘‘in danger of being
subjected to torture’’ means circumstances in which a rea-
sonable person would fear subjection to torture.
(e) INVOLUNTARY RETURN.—As used in this Act, the
term ‘‘involuntary return’’ means to take action by which
it is reasonably foreseeable that a person will be required
to return to a country without the person’s consent, re-
gardless of whether such return is induced by physical
force and regardless of whether the person is physically
present in the United States.
SEC. 4. UNITED STATES POLICY WITH RESPECT TO THE IN-
VOLUNTARY 
RETURN 
OF 
PERSONS 
SUB-
JECTED TO TORTURE.
The United States shall not expel, extradite, or other-
wise involuntarily return a person to a country in which
there are substantial grounds for believing the person
would be in danger of being subjected to torture.
SEC. 5. IMMIGRATION PROCEDURES FOR TORTURE VIC-
TIMS.
(a) IN GENERAL.—Any alien—
(1) who presents a credible claim of having
been subjected to torture in the alien’s country of
nationality, or, in the case of an alien having no na-
tionality, the country in which the alien last habit-
ually resided, and
(2) who applies for—
(A) refugee status under section 207 of the
Immigration and Nationality Act,
(B) asylum under section 208 of that Act,
or
(C) withholding of deportation under sec-
tion 243(h) of that Act,
shall be processed in accordance with this section.
(b) CONSIDERATION
OF
THE EFFECTS
OF TOR-
TURE.—In considering applications for refugee status,
asylum, or withholding of deportation made by aliens de-
scribed in subsection (a), the appropriate officials shall
take into account—
(1) the manner in which the effects of torture
can 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, a refugee who presents a credible
claim of having been subjected to torture shall be consid-
ered to be a refugee of special humanitarian concern to
the United States and shall be accorded priority in selec-
tion from the waiting list of such refugees based on com-
pelling humanitarian concerns.
(d) EXPEDITED PROCESSING
FOR ASYLUM
AND
WITHHOLDING OF DEPORTATION.—Upon the request of
the alien, the alien’s counsel, or a health care professional
treating the alien, an asylum officer or special inquiry offi-
cer may expedite the scheduling of an asylum interview
or an exclusion or deportation proceeding for an alien de-
scribed in subsection (a), if such officer determines that
an undue delay in making a determination regarding asy-
lum or withholding of deportation with respect to the alien
would aggravate the physical or psychological effects of
torture upon the alien.
(e) PAROLE IN LIEU OF DETENTION.—The finding,
upon inspection at a port of entry of the United States,
that an alien described in subsection (a) suffers from the
effects of torture, such as depressive and anxiety dis-
orders, shall be a strong presumptive basis for a grant
of parole, under section 212(d)(5) of the Immigration and
Nationality Act, in lieu of detention.
(f) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Attorney General shall allocate resources
sufficient to maintain in the Resource Information Center
of the Immigration and Naturalization Service informa-
tion relating to the use of torture in foreign countries.
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, special inquiry offi-
cers, and all other relevant officials of the Department of
Justice, and the Secretary of State shall provide training
for consular officers, with respect to—
(1) the identification of the evidence of torture;
(2) the identification of the surrounding cir-
cumstances in which torture is practiced;
(3) the long-term effects of torture upon the
person;
(4) the identification of the physical, cognitive,
and emotional effects of torture, including depressive
and anxiety disorders, and the manner in which
these effects can affect the interview or hearing
process; and
(5) the manner of interviewing victims of tor-
ture so as not to retraumatize them, eliciting the
necessary information to document the torture expe-
rience, and understanding the difficulties victims
often have in recounting their torture experience.
(b) GENDER-RELATED CONSIDERATIONS.—In con-
ducting training under subsection (a)(4) or subsection
(a)(5), gender specific training shall be provided on the
subject of interacting with women and men who are vic-
tims of torture by rape or any other form of sexual vio-
lence.
SEC. 7. STUDY AND REPORT ON TORTURE VICTIMS IN THE
UNITED STATES.
(a) STUDY.—The Center for Disease Control shall
conduct a study with respect to refugees and asylees ad-
mitted to the United States since October 1, 1987, who
were tortured abroad, for the purpose of identifying—
(1) the estimated number and geographic dis-
tribution of such persons;
(2) the needs of such persons for recovery serv-
ices; and
(3) the availability of such services.
(b) REPORT.—Not later than December 31, 1997,
the Center for Disease Control shall submit a report to
the Judiciary Committees of the House of Representatives
and the Senate setting forth the findings of the study con-
ducted under subsection (a), together with any rec-
ommendation for increasing the services available to per-
sons described in subsection (a), including any rec-
ommendation for legislation, if necessary.
SEC. 8. DOMESTIC TREATMENT CENTERS.
(a) AMENDMENT OF THE IMMIGRATION AND NA-
TIONALITY ACT.—Section 412 of the Immigration and
Nationality Act (8 U.S.C. 1522) is amended by adding
at the end the following new subsection:
‘‘(g) ASSISTANCE
FOR TREATMENT
OF TORTURE
VICTIMS.—(1) The Director is authorized to provide
grants to programs in the United States to cover the cost
of the following services:
‘‘(A) Services for the rehabilitation of victims of
torture, including treatment of the physical and psy-
chological effects of torture.
‘‘(B) Social services for victims of torture.
‘‘(C) Research and training for health care pro-
viders outside of treatment centers for the purpose
of enabling such providers to provide the services de-
scribed in subparagraph (A).
‘‘(2) For purposes of this subsection, the term ‘tor-
ture’ has the same meaning given to the term in section
3 of the Torture Victims Relief Act of 1995.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—(1) Of
amounts authorized to be appropriated to carry out sec-
tion 414 of the Immigration and Nationality Act (8 U.S.C.
1524) for fiscal year 1996, there are authorized to be ap-
propriated such sums as may be necessary to carry out
section 412(g) of that Act (relating to assistance for do-
mestic centers for the treatment of victims of torture).
(2) Amounts appropriated pursuant to this sub-
section are authorized to remain available until expended.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on October 1, 1995.
SEC. 9. FOREIGN TREATMENT CENTERS.
(a) AMENDMENTS
OF
THE FOREIGN ASSISTANCE
ACT OF 1961.—Part I of the Foreign Assistance Act of
1961 is amended by adding at the end of chapter 1 the
following new section:
‘‘SEC. 129. ASSISTANCE
FOR VICTIMS
OF TOR-
TURE.—(a) The President is authorized to provide assist-
ance for the rehabilitation of victims of torture.
‘‘(b) Such assistance shall be provided in the form
of grants to treatment centers in foreign countries which
are carrying out programs specifically designed to treat
victims of torture for the physical and psychological effect
of the torture.
‘‘(c) Such assistance shall be available—
‘‘(1) for direct services to victims of torture;
and
‘‘(2) to provide research and training to health
care providers outside of treatment centers for the
purpose of enabling such providers to provide the
services described in paragraph (1).
‘‘(d) For purposes of this section, the term ‘torture’
has the same meaning given to such term in section 3 of
the Torture Victims Relief Act of 1995.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—(1) Of
the total amount authorized to be appropriated to carry
out chapter 1 of part I of the Foreign Assistance Act of
1961 for fiscal year 1995, there are authorized to be ap-
propriated to the President such sums as may be nec-
essary to carry out section 129 of that Act.
(2) Amounts appropriated pursuant to this sub-
section are authorized to remain available until expended.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on October 1, 1995.
SEC. 10. MULTILATERAL ASSISTANCE.
(a) AUTHORIZATION OF APPROPRIATIONS.—Of the
amounts authorized to be appropriated to carry out sec-
tion 301 of the Foreign Assistance Act of 1961 (relating
to international organizations and programs), there are
authorized to be appropriated to the United Nations Vol-
untary Fund for Victims of Torture (in this section re-
ferred to as the ‘‘Fund’’) the following amounts for the
following fiscal years:
(1) For fiscal year 1996, $1,500,000.
(2) For fiscal year 1997, $3,000,000.
(b) AVAILABILITY
OF
FUNDS.—Amounts appro-
priated pursuant to subsection (a) are authorized to re-
main available until expended.
(c) SENSE OF CONGRESS.—It is the sense of the Con-
gress that the President, acting through the United States
Permanent Representative to the United Nations,
should—
(1) request the Fund—
(A) to find new ways to support and pro-
tect treatment centers that are carrying out re-
habilitative services for victims of torture; and
(B) to encourage the development of new
such centers;
(2) use the voice and vote of the United States
to support the work of the Special Rapporteur on
Torture and the Committee Against Torture estab-
lished under the Convention Against Torture and