I
105TH CONGRESS
2D SESSION
H. R. 3161
To fully implement the Convention Against Torture and Other Cruel, Inhu-
man, or Degrading Treatment or Punishment and to provide a com-
prehensive program of support for victims of torture.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 4, 1998
Mr. SMITH of New Jersey (for himself, Mr. LANTOS, Mr. GILMAN, Mr. WOLF,
Mr. SANDERS, Mr. KING, Ms. KAPTUR, Mr. MINGE, Mr. SABO, Mr.
EVANS, Mr. OBERSTAR, Mr. PETERSON of Minnesota, Mr. SHAYS, Ms.
WOOLSEY, and Mr. RAMSTAD) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the Com-
mittees on International Relations, and Commerce, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee concerned
A BILL
To fully implement the Convention Against Torture and
Other Cruel, Inhuman, or Degrading Treatment or Pun-
ishment and to provide a comprehensive program of sup-
port for victims of torture.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Torture Victims Relief
Act’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The American people abhor torture by any
government or person. The existence of torture cre-
ates a climate of fear and international insecurity
that affects all people.
(2) Torture is the deliberate mental and phys-
ical damage caused by governments to individuals to
destroy individual personality and terrorize society.
The effects of torture 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 often use torture as a weapon against
democracy.
(4) Torture survivors 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 survivors
are threatened with reprisals, including torture, for
carrying out their ethical duties to provide care.
Both the survivors of torture and their treatment
providers should be accorded protection from further
repression.
(5) A significant number of refugees and
asylees entering the United States have been victims
of torture. Those claiming asylum deserve prompt
consideration of their applications for political asy-
lum to minimize their insecurity and sense of dan-
ger. 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 implemented Arti-
cle 3 of the Convention.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) IN
GENERAL.—Except as otherwise pro-
vided, the terms used in this Act have the meanings
given those terms in section 101(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)).
(2) 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 act-
ing 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 be
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.
(e) 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;
(2) the identification of the surrounding cir-
cumstances in which torture is most often practiced;
(3) the long-term effects of torture upon a vic-
tim;
(4) the identification of the physical, cognitive,
and emotional effects of torture, and the manner in
which these effects can affect the interview or hear-
ing 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 (5), gender-
specific training shall be provided on the subject of inter-
acting with women and men who are victims of torture
by rape or any other form of sexual violence.
SEC. 7. 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:
‘‘(b) ASSISTANCE
FOR TREATMENT
OF TORTURE
VICTIMS.—The Secretary may provide grants to programs
in the United States to cover the cost of the following serv-
ices:
‘‘(1) Services for the rehabilitation of victims of
torture, including treatment of the physical and psy-
chological effects of torture.
‘‘(2) Social and legal services for victims of tor-
ture.
‘‘(3) Research and training for health care pro-
viders outside of treatment centers, or programs for
the purpose of enabling such providers to provide
the services described in paragraph (1).’’.
(b) FUNDING.—
(1) AUTHORIZATION OF APPROPRIATIONS.—Of
the amounts authorized to be appropriated for the
Department of Health and Human Services for fis-
cal years 1999 and 2000, there are authorized to be
appropriated to carry out section 412(g) of that Act
(relating to assistance for domestic centers and pro-
grams for the treatment of victims of torture), as
added by subsection (a), the following amounts for
the following fiscal years:
(A) For fiscal year 1999, $5,000,000.
(B) For fiscal year 2000, $7,500,000.
(2) AVAILABILITY OF FUNDS.—Amounts appro-
priated pursuant to this subsection shall remain
available until expended.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on October 1, 1998.
SEC. 8. FOREIGN TREATMENT CENTERS.
(a) AMENDMENTS
OF
THE FOREIGN ASSISTANCE
ACT OF 1961.—Part I of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) is amended by adding at
the end of chapter 1 the following new section:
‘‘SEC. 129. ASSISTANCE FOR VICTIMS OF TORTURE.
‘‘(a) IN GENERAL.—The President is authorized to
provide assistance for the rehabilitation of victims of tor-
ture.
‘‘(b) ELIGIBILITY
FOR GRANTS.—Such assistance
shall be provided in the form of grants to treatment cen-
ters and programs in foreign countries that are carrying
out projects or activities specifically designed to treat vic-
tims of torture for the physical and psychological effects
of the torture.
‘‘(c) USE OF FUNDS.—Such assistance shall be avail-
able—
‘‘(1) for direct services to victims of torture;
and
‘‘(2) to provide research and training to health
care providers outside of treatment centers or pro-
grams described in subsection (b), for the purpose of
enabling such providers to provide the services de-
scribed in paragraph (1).’’.
(b) FUNDING.—
(1) AUTHORIZATION OF APPROPRIATIONS.—Of
the amounts authorized to be appropriated for fiscal
years 1999 and 2000 pursuant to chapter 1 of part
I of the Foreign Assistance Act of 1961, there are
authorized to be appropriated to the President
$5,000,000 for fiscal year 1999 and $7,500,000 for
fiscal year 2000 to carry out section 129 of the For-
eign Assistance Act, as added by subsection (a).
(2) AVAILABILITY OF FUNDS.—Amounts appro-
priated pursuant to this subsection shall remain
available until expended.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on October 1, 1998.
SEC. 9. MULTILATERAL ASSISTANCE.
(a) FUNDING.—Of the amounts authorized to be ap-
propriated for fiscal years 1999 and 2000 pursuant to
chapter 3 of part I of the Foreign Assistance Act of 1961,