9 February 1998 Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html ----------------------------------------------------------------------- [Congressional Record: February 4, 1998 (Senate)] [Page S379-S400] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] [DOCID:cr04fe98-148] STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS [Excerpt] By Mr. WELLSTONE (for himself, Mr. Kennedy and Mr. Harkin): S. 1606. A bill to fully implement the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment and to provide a comprehensive program of support for victims of torture; to the Committee on the Judiciary. THE TORTURE VICTIMS RELIEF ACT Mr. WELLSTONE. Mr. President, today I am introducing the Torture Victims Relief Act of 1998. I am joined today by Senator Kennedy and Senator Harkin as original cosponsors of this measure. This legislation outlines a comprehensive strategy for providing critical assistance to refugees, asylees, and parolees who are torture survivors in the U.S. and abroad. It also protects asylum seekers from being involuntary returned to a country where they have reasonable grounds to fear subjection to torture. This legislation provides a focus and a framework for a newly re-energized debate about where torture survivors, and our response to the practice of torture by other countries, fit within our foreign policy priorities. Late in the 103rd Congress, I introduced with Senator Durenburger the Torture Victim's Relief Act, which laid down a bipartisan marker on the issue. I reintroduced it in the 104th, along with Republicans and Democrats alike, pressing forward on several fronts. I hope that enactment of this legislation will be a watershed in the movement to garner broader public and private support, both here and abroad, for much-needed torture rehabilitation programs. Specifically, the Torture Victims Relief Act would authorize funds for domestic refugee assistance centers as well as bilateral assistance to torture treatment centers worldwide. It would also change our immigration laws to give a priority to torture survivors and provide for specialized training for U.S. consular personnel who deal with torture survivors. Finally, the bill would allow an increase in the U.S. contribution to the U.N. Voluntary Fund for Torture Victims, which funds and supports rehabilitation programs worldwide. In 1997 this fund contributed about $3.4 million to nearly 100 projects in more than 50 countries. I believe that continuing to expand the U.S. contribution to the fund is necessary as a show of genuine U.S. commitment to human rights, and I will continue to push until these programs receive the funding they need and deserve. Mr. President, the practice of torture is one of the most serious human rights issues of our time. Governmental torture, and torture being condoned by officials of governments, occurs in at least 70 countries today. We need look no farther than today's headlines about Algeria, Turkey, Iraq, Bosnia, Rwanda, China and Tibet to know that we will be dealing with the problems that torture victims face for many years. In many countries torture is routinely employed in police stations to coerce confessions or obtain information. Detainees are subjected to both physical and mental abuse. Methods include beatings with sticks and whips; kicking with boots; electric shocks; and suspension from one or both arms. Victims are also threatened, insulted and humiliated. In some cases, particular those involving women, victims are stripped, exposed to verbal and sexual abuse. Medical treatment is often withheld, sometimes resulting in death. In China, torture of detainees and prisoners is not uncommon, as exemplified by Chen Longde's case. In 1996, one month after his conviction without trial, Chen leapt from a two-story prison walkway in an attempt to avoid repeated beatings and electric shocks from a senior prison official as punishment for his refusal to write a statement of guilt and self-criticism. Richard Oketch was tortured by the Ugandan military. He was imprisoned for a total of a year in various military compounds near his home. His hands were shackled to his feet, he was denied food and sleep, and he was beaten regularly. Oketch managed to flee Uganda and eventually, with the help of the United Nations, he made it to the United States. However, the emotional scars of watching his family members and dozens of friends slaughtered left him for a time, unable to function in society. Today Oketch holds a master's degree and works as a program specialist for the St. Paul Public School. He credits his transformation to the treatment he received at the Minnesota Center for Victims of Torture. There Oketch received the services he needed to deal with his grief and become an active member of his community. Unfortunately, Oketch's story is the exception, not the rule. Most torture survivors, even those who are granted asylum in the United States, never receive the treatment they need. We can and must do more to stop horrific acts of torture, and to treat its victims. Treating torture victims must be a much more central focus of our efforts as we work to promote human rights worldwide. Providing treatment for torture survivors is one of the best ways we can show our concern for human rights around the world. The United States and the international community have been increasingly aware of the need to prevent human rights abuses and to punish the perpetrators when abuses take place. But too often we have failed to address the needs of the victims. We pay little if any attention to [[Page S384]] the treatment of victims after their rights have been violated. This commitment to protect human rights is one shared by many around the world. In 1984 the U.N. approved the United Nations' Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment. The U.S. Senate ratified it in April of 1994. Although Congress has taken some steps to implement parts of the Convention, we have not yet taken action to provide sufficient rehabilitation services in the spirit of the language of Article 14 of the Convention which provides that the victim of an act of torture has: ``the means for as full a rehabilitation as possible.'' We have also failed to adopt implementing legislation for Article 3 which states that ``No State Party shall expel, return or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.'' Without legislation implementing this article, it is possible for the United States to return someone to a country even where there are substantial grounds for believing the person would be subjected to torture. This legislation would help ensure that the U.S. is fulfilling its obligation under the Convention Against Torture. There also exists a great need for the rehabilitation programs supported by this legislation. Without active programs of healing and recovery, torture survivors often suffer continued physical pain, depression and anxiety, intense and incessant nightmares, guilt and self-loathing. They often report an inability to concentrate or remember. The severity of the trauma makes it difficult to hold down a job, study for a new profession, or acquire other skills needed for successful adjustment into society. In Minnesota, we began to think about the problem of torture, and act on it, over ten years ago. The Center for Victims of Torture in Minneapolis is the only fully-staffed torture treatment facility in the country and one of just a few worldwide. The Center offers outpatient services which can include medical treatment, psychotherapy and help gaining economic and legal stability. Its advocacy work also helps to inform people about the problem of torture and the lingering effects it has on victims, and ways to combat torture worldwide. The Center has treated or provided services to hundreds of people since its founding in 1985. Some of the often shrill public rhetoric these days seems to argue that we as a nation can no longer afford to remain engaged with the world, or to assist the poor, the elderly, the feeble, refugees, those seeking asylum--those most in need of aid who are right here in our midst. The Center for Victims of Torture stands as a repudiation of that idea. Its mission is to rescue and rehabilitate people who have been crushed by torture, and it has been accomplishing that mission admirably over the last ten years. It is a light of hope in the lives of those who have for so long seen only darkness, a darkness brought on by the brutal hand of the torturer. I would like to thank the distinguished human rights leaders who helped craft this bill, including those at the Center for Victims of Torture in Minneapolis and others in the human rights community here in Washington and in Minnesota. Without their energy and skills as advocates for tough U.S. laws which promote respect for internationally-recognized human rights worldwide, the cause of human rights here in the U.S. would be seriously diminished. I salute them today. We must commit ourselves to aiding torture survivors and to building a world in which torture is relegated to the dark past. My hope is that we can help bring about a world in which the need for torture treatment programs becomes obsolete. I urge my colleagues to cosponsor this bill, and I urge its timely passage. I ask unanimous consent that a partial list of organizations supporting the Torture Victims Relief Act be printed in the Record with a copy of the bill. There being no objection, the material was ordered to be printed in the Record, as follows: S. 1606 Be it enacted by the Senate and House of Representatives 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 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 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 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 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. (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, Inhuman, or Degrading Treatment or Punishment on November 20, 1994, but has not implemented Article 3 of the Convention. SEC. 3. DEFINITIONS. As used in this Act: (1) 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 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 acting under the color of law upon another person under his custody or physical control. SEC. 4. PROHIBITION ON INVOLUNTARY RETURN OF PERSONS FEARING SUBJECTION TO TORTURE. (a) Prohibition.--Notwithstanding any other provision of law, the United States shall not expel, remove, extradite, 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 individual, means-- (1) to return the individual without the individual'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 VICTIMS. (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 Torture.--In considering an application by an alien described 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 application and in the interview process or other immigration 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 reduced, their torturers may have gone unpunished and may remain in positions of authority. (c) Expedited Processing of Refugee Admissions.--For purposes of section 207(c) of the Immigration 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 [[Page S385]] 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 torture.-- ``(I) Expedited procedures.--With the consent of the alien, an asylum officer or immigration judge shall expedite the scheduling of an asylum interview or a removal proceeding for any alien who presents a claim of having 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 aggravate the physical or psychological effects of torture upon the alien. ``(II) Delay of proceedings.--With the consent of the alien, an asylum officer or immigration judge shall postpone an asylum interview or a removal proceeding for any alien who presents a claim of having been subjected to torture, if the evidence indicates that, as a result of the alien's mental or physical symptoms resulting from torture, including the alien's inability 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.--Section 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 described in section 5(a) of the Torture Victims Relief Act''. (g) Sense of Congress.--It is the sense of Congress that the Attorney General should allocate resources sufficient to maintain in the Resource Information Center of the Immigration and Naturalization Service current information relating to the use of torture in foreign countries. SEC. 6. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRATION, AND ASYLUM PERSONNEL. (a) In General.--The Attorney General shall provide training for immigration inspectors and examiners, immigration officers, asylum officers, immigration judges, 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 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. (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. SEC. 7. DOMESTIC TREATMENT CENTERS. (a) Amendment of the Immigration and Nationality 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 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 paragraph (1).''. (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, 2000, and 2001, but not from funds made available to the Office of Refugee Resettlement, there are authorized to be appropriated to carry out section 412(g) of that Act (relating to assistance for domestic centers and programs 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. (C) For fiscal year 2001, $9,000,000. (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 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 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, 2000, and 2001 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, $7,500,000 for fiscal year 2000, and $9,000,000 for fiscal year 2001 to carry out section 129 of the Foreign Assistance Act, 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 on October 1, 1998. SEC. 9. MULTILATERAL ASSISTANCE. (a) Funding.--Of the amounts authorized to be appropriated for fiscal years 1999, 2000, and 2001 pursuant to chapter 1 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. (3) Fiscal year 2001.--For fiscal year 2001, $3,000,000. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) shall remain available until expended. (c) Sense of Congress.--It is the sense of 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. ____ Partial List of Organizations Supporting the Torture Victims Relief Act Advocates for Survivors of Trauma and Torture, Baltimore, MD. American-Arab Anti-Discrimination Committee. American Civil Liberties Union. American Immigration Lawyers Association. American Kurdish Information Network (AKIN). American Psychiatric Association. American Psychological Association. Amnesty International U.S.A. Asia Pacific Center for Justice and Peace. Center for Reproductive Law and Policy. Center for Victims of Torture. Church in America. Church World Services Immigration and Refugee Program. Coalition Missing. Episcopal Church People for a Free Southern Africa. Guatemala Human Rights Commission/U.S.A. Human Rights Access. Human Rights Advocates. Human Rights Watch. Institute for Study of Genocide. Institute for the Study of Psycho-Social Trauma. International Campaign for Tibet. International Human Rights Law Group. Khmer Health Advocates, West Hartford, CT. Lutheran Immigration and Refugee Service. Lutheran Office for Governmental Affairs, Evangelical Lutheran. Marjorie Kovler Center for the Treatment of Survivors of Torture. [[Page S386]] Maryknoll Justice and Peace. Mental Disability Rights International. Midwest Coalition on Human Rights. National Spiritual Assembly of the Baha'is of the U.S. People's Decade of Human Rights Education. Physicians for Human Rights. Robert F. Kennedy Memorial Center for Human Rights. Rocky Mountain Survivors Center, Denver, CO. Travelers Aid of New York. Ursuline Sisters of Mt. St. Joseph. United Church Board for World Ministries. United Methodist General Board of Church and Society. Washington Kurdish Institute. Washington Office on Latin America. World Organization Against Torture U.S.A. World Sindhi Institute. ______ ------------------------------------------------------------------------ [DOCID: f:s1606is.txt] 105th CONGRESS 2d Session S. 1606 To fully implement the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment and to provide a comprehensive program of support for victims of torture. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 4, 1998 Mr. Wellstone (for himself, Mr. Kennedy, and Mr. Harkin) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To fully implement the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment and to provide a comprehensive program of support for victims of torture. Be it enacted by the Senate and House of Representatives 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 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 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 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 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. (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, Inhuman, or Degrading Treatment or Punishment on November 20, 1994, but has not implemented Article 3 of the Convention. SEC. 3. DEFINITIONS. As used in this Act: (1) 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 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 acting under the color of law upon another person under his custody or physical control. SEC. 4. PROHIBITION ON INVOLUNTARY RETURN OF PERSONS FEARING SUBJECTION TO TORTURE. (a) Prohibition.--Notwithstanding any other provision of law, the United States shall not expel, remove, extradite, 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 individual, means-- (1) to return the individual without the individual'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 VICTIMS. (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 Torture.--In considering an application by an alien described 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 application and in the interview process or other immigration 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 reduced, their torturers may have gone unpunished and may remain in positions of authority. (c) Expedited Processing of Refugee Admissions.--For purposes of section 207(c) of the Immigration 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 torture.-- ``(I) Expedited procedures.--With the consent of the alien, an asylum officer or immigration judge shall expedite the scheduling of an asylum interview or a removal proceeding for any alien who presents a claim of having 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 aggravate the physical or psychological effects of torture upon the alien. ``(II) Delay of proceedings.--With the consent of the alien, an asylum officer or immigration judge shall postpone an asylum interview or a removal proceeding for any alien who presents a claim of having been subjected to torture, if the evidence indicates that, as a result of the alien's mental or physical symptoms resulting from torture, including the alien's inability 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.--Section 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 described in section 5(a) of the Torture Victims Relief Act''. (g) Sense of Congress.--It is the sense of Congress that the Attorney General should allocate resources sufficient to maintain in the Resource Information Center of the Immigration and Naturalization Service current information relating to the use of torture in foreign countries. SEC. 6. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRATION, AND ASYLUM PERSONNEL. (a) In General.--The Attorney General shall provide training for immigration inspectors and examiners, immigration officers, asylum officers, immigration judges, 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 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. (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. SEC. 7. DOMESTIC TREATMENT CENTERS. (a) Amendment of the Immigration and Nationality 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 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 paragraph (1).''. (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, 2000, and 2001, but not from funds made available to the Office of Refugee Resettlement, there are authorized to be appropriated to carry out section 412(g) of that Act (relating to assistance for domestic centers and programs 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. (C) For fiscal year 2001, $9,000,000. (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 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 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, 2000, and 2001 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, $7,500,000 for fiscal year 2000, and $9,000,000 for fiscal year 2001 to carry out section 129 of the Foreign Assistance Act, 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 on October 1, 1998. SEC. 9. MULTILATERAL ASSISTANCE. (a) Funding.--Of the amounts authorized to be appropriated for fiscal years 1999, 2000, and 2001 pursuant to chapter 1 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. (3) Fiscal year 2001.--For fiscal year 2001, $3,000,000. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) shall remain available until expended. (c) Sense of Congress.--It is the sense of 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.