Torture Victims Relief Act of 1998
PL 105-320 (H.R.4309), enacted 10/30/1998

112 STAT. 3016 
PUBLIC LAW 105-320—OCT. 30, 1998 
Public Law 105-320 
105th Congress 
An Act 
— 
; 
To provide a comprehensive program of support for victims of torture. 
[H.R. 4309] 
Be it enacted by the Senate and House of Representatives 
of 
Torture Victims 
the United States of America in Congress assembled, 
Relief Act of 
1998. 
SECTION 1. SHORT TITLE. 
99 Tmr* 91 ^
^
9 
note 
This Act may be cited as the "Torture Victims Relief Act of 
1998". 
22 u s e 2152 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) The American people abhor torture by any government 
or person. The existence of torture creates a climate of fear 
and international insecurity that affects all people. 
(2) Torture is the deliberate mental and physical 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 
£ind affect future generations. 
(3) By eliminating the leadership of their opposition and 
frightening the general public, repressive governments often 
use torture as a weapon agednst democracy. 
(4) Torture survivors remain under physical and psycho-
logical threats, especially in communities where the perpetra-
tors are not brought to justice. In many nations, even those 
who treat torture survivors are threatened with reprisals, 
including torture, for carr)dng out their ethical duty to provide 
care. Both the survivors of torture and their treatment provid-
ers 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 asylum to minimize their insecurity and sense of dain-
ger. 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) The development of a treatment movement for torture 
survivors has created new opportunities for action by the United 
States £ind other nations to oppose state-sponsored and other 
acts of torture. 
(7) There is a need for a comprehensive strategy to protect 
and support torture victims £ind their treatment providers, 
together with overall efforts to eliminate torture. 
PUBLIC LAW 105-320—OCT. 30, 1998 
112 STAT. 3017 
(8) By acting to heal the survivors of torture and protect 
their famiHes, the United States can help to heal the effects 
of torture and prevent its use around the world. 
SEC. 3. DEFINITION. 
22 USC 2152 
As used in this Act, 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. FOREIGN TREATMENT CENTERS. 
22 USC 2152 
(a) AMENDMENTS TO 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. 
22 USC 2152. 
"(a) IN GENERAL.—^The President is authorized to provide President, 
assistance for the rehabilitation of victims of torture. 
"(b) 
ELIGIBILITY FOR GRANTS.—Such assistance 
shall be 
provided in the form of grants to treatment centers and programs 
in foreign countries that are carrying out projects or activities 
specifically designed to treat victims of torture for the physical 
and psychological effects of the torture. 
(c) USE OF FUNDS.—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 or progrguns described 
in subsection (b), 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 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 Foreign Assist-
ance Act of 1961, as added by subsection (a). 
(2) 
AVAILABILITY 
OF FUNDS.—Amounts 
appropriated 
pursuant to this subsection shall remain available until 
expended. 
(c) EFFECTIVE DATE.—^The amendment made by subsection (a) 
shall take effect October 1, 1998. 
SEC. 5. DOMESTIC TREATMENT CENTERS. 
22 USC 2152 
(a) ASSISTANCE FOR TREATMENT OF TORTURE VICTIMS.—^The '^°*^' 
Secretary of Health and Human Services may provide grants to 
programs in the United States to cover the cost of the following 
services: 
(1) Services for the rehabilitation of victims of torture, 
including treatment of the physical and psychological effects 
of torture. 
(2) Social and legal services for victims of torture. 
(3) Research and training for health care providers outside 
of treatment centers, or programs for the purpose of enabling • 
such providers to provide the services described in para-
graph (1). 
112 STAT. 3018 
PUBLIC LAW 105-320—OCT. 30, 1998 
(b) FUNDING.— 
(1) AUTHORIZATION OP APPROPRIATIONS.—Of the amounts 
authorized to be appropriated for the Department of Health 
and Human Services for fiscal years 1999 and 2000, there 
are authorized to be appropriated to carry out subsection (a) 
(relating to assistance for domestic centers and programs for 
the treatment of victims of torture) $5,000,000 for fiscal year 
1999, and $7,500,000 for fiscal year 2000. 
(2) 
AVAILABILITY 
OF FUNDS.—^Amounts 
appropriated 
pursuant to this subsection shall remain available until 
expended. 
22 use 2152 
SEC. 6. MULTILATERAL ASSISTANCE. 
(a) FUNDING.—Of the amounts authorized to be appropriated 
for fiscal years 1999 and 2000 pursuant to chapter 3 of part I 
of the Foreign Assistance Act of 1961, there are authorized to 
be appropriated to the United Nations Voluntary Fund for Victims 
of Torture (in this section referred to as the "Fund") the following 
amounts for the following fiscal years: 
(1) FISCAL YEAR 1999.—For fiscal year 1999, $3,000,000. 
(2) FISCAL YEAR 2000.—For fiscal year 2000, $3,000,000. 
(b) AVAILABILITY OF FUNDS.—^Amounts appropriated pursuant 
to subsection (a) shall remain available until expended. 
(c) SENSE OF THE CONGRESS.—It is the sense of the Congress 
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 protect treatment 
centers and programs that are carrying out rehabilitative 
services for victims of torture; and 
(B) to encourage the development of new such centers 
and programs; 
(2) use the voice and vote of the United States to support 
the work of the Special Rapporteur on Torture £ind the Commit-
tee Against Torture established under the Convention Against 
Torture and Other Cruel, Inhuman or Degrading Treatment 
or Punishment; and 
(3) use the voice and vote of the United States to establish 
a country rapporteur or similar procedural mechanism to inves-
tigate human rights violations in a country if either the Special 
Rapporteur or the Committee Against Torture indicates that 
a systematic practice of torture is prevalent in that country. 
22 use 2152 
SEC. 7. SPECIALIZED TRAINING FOR FOREIGN SERVICE OFFICERS. 
(a) IN GENERAL.—^The Secretary of State shall provide training 
for foreign service officers with respect to— 
(1) the identification of torture; 
(2) the identification of the surrounding circumstances in 
which torture is most often practiced; 
(3) the long-term effects of torture upon a victim; 
(4) the identification of the physical, cognitive, and 
emotional effects of torture, and the manner in which these 
effects can affect the interview or hearing process; and 
(5) the manner of interviewing victims of torture so as 
not to retraumatize them, eliciting the necessary information 
to document the torture experience, and understanding the 
difficulties victims often have in recounting their torture experi-
ence. 
PUBLIC LAW 105-320—OCT. 30, 1998 
112 STAT. 3019 
(b) GENDER-RELATED CONSIDERATIONS.—In conducting training 
under subsection (a)(4) or (5), gender-specific training shall be pro-
vided on the subject of interacting with women and men who 
are victims of torture by rape or any other form of sexual violence. 
Approved October 30, 1998. 
LEGISLATIVE HISTORY—H.R. 4309: 
HOUSE REPORTS: No. 105-709, Pt. 1 (Comm. on International Relations). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Sept. 14, considered and passed House. 
Oct. 8, considered and passed Senate, amended. 
Oct. 10, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Oct. 30, Presidential statement.