[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4308 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4308

  To fully implement the Convention Against Torture and Other Cruel, 
             Inhuman, or Degrading Treatment or Punishment.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 1998

 Mr. Smith of New Jersey (for himself, Mr. Lantos, Mrs. Maloney of New 
 York, Ms. Norton, Mr. Oberstar, Mr. Minge, Ms. Woolsey, Mrs. Morella, 
Mr. Lewis of Georgia, Mr. Diaz-Balart, Mr. Sabo, Mr. Ramstad, Mr. Brown 
   of Ohio, and Mr. Engel) introduced the following bill; which was 
               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.

    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 Protection Act of 
1998''.

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 
        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 the 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 
        enacted legislation to implement Article 3 of the Convention.

SEC. 3. DEFINITIONS.

    (a) 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)).
    (b) 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 the 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.''.
    (c) 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 on inter-acting with women and men who are victims of 
torture by rape or any other form of sexual violence.
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