[105th Congress Public Law 320]
[From the U.S. Government Printing Office]
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[DOCID: f:publ320.105]
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TORTURE VICTIMS RELIEF ACT OF 1998
[[Page 112 STAT. 3016]]
Public Law 105-320
105th Congress
An Act
To provide a comprehensive program of support for victims of
torture. <<NOTE: Oct. 30, 1998 - [H.R. 4309]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in <<NOTE: Torture Victims Relief Act of
1998. 22 USC 2152 note.>> Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Torture Victims Relief Act of 1998''.
SEC. 2. FINDINGS. <<NOTE: 22 USC 2152 note.>>
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
and affect future generations.
(3) By eliminating the leadership of their opposition 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 duty 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 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) 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 strategy to protect
and support torture victims and their treatment providers,
together with overall efforts to eliminate torture.
[[Page 112 STAT. 3017]]
(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.
SEC. 3. DEFINITION. <<NOTE: 22 USC 2152 note.>>
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. <<NOTE: 22 USC 2152 note.>>
(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. <<NOTE: 22 USC 2152.>>
``(a) In General.--The <<NOTE: President.>> President is authorized
to provide
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 programs 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 Assistance 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. <<NOTE: 22 USC 2152 note.>>
(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).
[[Page 112 STAT. 3018]]
(b) Funding.--
(1) Authorization of 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.
SEC. 6. MULTILATERAL ASSISTANCE. <<NOTE: 22 USC 2152 note.>>
(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 and the Committee
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
investigate 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.
SEC. 7. <<NOTE: 22 USC 2152 note.>> 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
experience.
[[Page 112 STAT. 3019]]
(b) Gender-Related Considerations.--In conducting training under
subsection (a)(4) or (5), gender-specific training shall be provided 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:
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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.
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