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Code, as applicable, had the employee remained in civil service,

3 shall be separated from the Service on the last day of the 4 month in which such individual under subparagraph (A) 5 or such Foreign Service criminal investigator/inspector 6 under subparagraph (B) attains 57 years of age or com7 pletes 20 years of service if then over that age.”.

105TH CONGRESS 2D SESSION

H.R. 4309

To provide a comprehensive program of support for victims of torture.

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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, Mr. ENGEL, Mr. PORTER, and Mr. SHERMAN) introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide a comprehensive program of support for victims

of torture.

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Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

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This Act may be cited as the "Torture Victims Relief

5 Act of 1998”.

6 SEC. 2. FINDINGS.

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Congress makes the following findings:

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(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 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

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1 of torture. Those claiming asylum deserve prompt

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consideration of their applications for political asy

lum 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.

20 SEC. 3. DEFINITION.

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As used in this Act, the term "torture" has the mean22 ing given the term in section 2340(1) of title 18, United 23 States Code, and includes the use of rape and other forms 24 of sexual violence by a person acting under the color of

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1 law upon another person under his custody or physical

2 control.

3 SEC. 4. FOREIGN TREATMENT CENTERS.

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(a) AMENDMENTS TO THE FOREIGN ASSISTANCE 5 ACT OF 1961.-Part I of the Foreign Assistance Act of

6 1961 (22 U.S.C. 2151 et seq.) is amended by adding at

7 the end of chapter 1 the following new section:

8 SEC. 129. ASSISTANCE FOR VICTIMS OF TORTURE.

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"(a) IN GENERAL.-The President is authorized to 10 provide assistance for the rehabilitation of victims of tor

11 ture.

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"(b) ELIGIBILITY FOR GRANTS.-Such assistance 13 shall be provided in the form of grants to treatment cen14 ters and programs in foreign countries that are carrying 15 out projects or activities specifically designed to treat vic16 tims of torture for the physical and psychological effects 17 of the torture.

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"(c) USE OF FUNDS.-Such assistance shall be avail

and

"(1) for direct services to victims of torture;

"(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

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