22 U.S.C. § 2152 — Assistance for victims of torture

Page 642 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2152 (A) the use of short-term and long-term expert advisers to assist foreign govern- ments and foreign central banks for the pur- poses described in subsection (b)(1); (B) training in the recipient country, the United States, or elsewhere for the purposes described in subsection (b)(1); (C) grants of goods, services, or funds to foreign governments and foreign central banks; (D) grants to United States nonprofit orga- nizations to provide services or products which contribute to the provision of advice to foreign governments and foreign central banks; and (E) study tours for foreign officials in the United States or elsewhere for the purpose of providing technical information to such offi- cials. (5) Foreign participant The term ‘‘foreign participant’’ means the national of a developing or transitional coun- try that is receiving assistance under the pro- gram established under subsection (a) who has been designated to participate in activities under such program. (j) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 1999. (2) Availability of amounts Amounts authorized to be appropriated under paragraph (1) are authorized to remain available until expended. (Pub. L. 87–195, pt. I, § 129, as added Pub. L. 105–277, div. A, § 101(d) [title V, § 589(a)], Oct. 21, 1998, 112 Stat. 2681–150, 2681–205; amended Pub. L. 106–309, title II, § 204, Oct. 17, 2000, 114 Stat. 1092.) Editorial Notes REFERENCES IN TEXT The Foreign Service Act of 1980, referred to in subsec. (d)(1), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071. Chap- ter 9 of title I of the Foreign Service Act of 1980 is clas- sified generally to subchapter IX (§ 4081 et seq.) of chap- ter 52 of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3901 of this title and Tables. This chapter, referred to in subsec. (d)(4), was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. CODIFICATION Another section 129 of Pub. L. 87–195 was renumbered section 130 and is classified to section 2152 of this title. AMENDMENTS 2000—Subsec. (b)(3). Pub. L. 106–309 added par. (3). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. § 2152. Assistance for victims of torture (a) In general The President is authorized to provide assist- ance 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 vic- tims of torture for the physical and psycho- logical 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). (Pub. L. 87–195, pt. I, § 130, formerly § 129, as added Pub. L. 105–320, § 4(a), Oct. 30, 1998, 112 Stat. 3017; renumbered § 130, Pub. L. 106–87, § 6(a), Nov. 3, 1999, 113 Stat. 1302.) Statutory Notes and Related Subsidiaries STATEMENT OF POLICY Pub. L. 109–165, § 2, Jan. 10, 2006, 119 Stat. 3574, pro- vided that: ‘‘It is the policy of the United States— ‘‘(1) to ensure that, in its support abroad for pro- grams and centers for the treatment of victims of torture, particular incentives and support should be given to establishing and supporting such programs and centers in emerging democracies, in post-conflict environments, and, with a view to providing services to refugees and internally displaced persons, in areas as close to ongoing conflict as safely as possible; and ‘‘(2) to ensure that, in its support for domestic pro- grams and centers for the treatment of victims of torture, particular attention should be given to re- gions with significant immigrant or refugee popu- lations.’’ TORTURE VICTIMS RELIEF; EFFECTIVE DATE Pub. L. 105–320, Oct. 30, 1998, 112 Stat. 3016, as amend- ed by Pub. L. 106–87, § 6(b), Nov. 3, 1999, 113 Stat. 1302; Pub. L. 108–179, §§ 2(a), 3(a), Dec. 15, 2003, 117 Stat. 2643; Pub. L. 109–165, §§ 3, 4, Jan. 10, 2006, 119 Stat. 3574, pro- vided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Torture Victims Re- lief Act of 1998’. ‘‘SEC. 2. FINDINGS. ‘‘Congress makes the following findings: ‘‘(1) The American people abhor torture by any gov- ernment or person. The existence of torture creates a climate of fear and international insecurity that af- fects all people. ‘‘(2) Torture is the deliberate mental and physical damage caused by governments to individuals to de- stroy 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 opposi- tion 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 Page 643 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2152a 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 pro- viders should be accorded protection from further re- pression. ‘‘(5) A significant number of refugees and asylees entering the United States have been victims of tor- ture. Those claiming asylum deserve prompt consid- eration 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 mem- bers 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 op- pose state-sponsored and other acts of torture. ‘‘(7) There is a need for a comprehensive strategy to protect and support torture victims and their treat- ment 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. ‘‘SEC. 3. DEFINITION. ‘‘As used in this Act, the term ‘torture’ has the mean- ing 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. ‘‘(a) AMENDMENTS TO THE FOREIGN ASSISTANCE ACT OF 1961.—[Enacted this section.] ‘‘(b) FUNDING.— ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts authorized to be appropriated for fiscal years 2006 and 2007 pursuant to chapter 1 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], there are authorized to be appropriated to the President to carry out section 130 of such Act [this section] $12,000,000 for fiscal year 2006 and $13,000,000 for fiscal year 2007. ‘‘(2) AVAILABILITY OF FUNDS.—Amounts appro- priated pursuant to this subsection shall remain available until expended. ‘‘(c) EFFECTIVE DATE.—The amendment made by sub- section (a) shall take effect October 1, 1998. ‘‘SEC. 5. DOMESTIC TREATMENT CENTERS. ‘‘(a) ASSISTANCE FOR TREATMENT OF TORTURE VIC- TIMS.—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 psy- chological 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 De- partment of Health and Human Services for fiscal years 2006 and 2007, there are authorized to be appro- priated to carry out subsection (a) $25,000,000 for each of the fiscal years 2006 and 2007. ‘‘(2) AVAILABILITY OF FUNDS.—Amounts appro- priated pursuant to this subsection shall remain available until expended. ‘‘SEC. 6. MULTILATERAL ASSISTANCE. ‘‘(a) FUNDING.—Of the amounts authorized to be ap- propriated for fiscal years 1999 and 2000 pursuant to chapter 3 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2221 et seq.], there are authorized to be appro- priated to the United Nations Voluntary Fund for Vic- tims 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 Na- tions, 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 Tor- ture and the Committee Against Torture established under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punish- ment; 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 system- atic practice of torture is prevalent in that country. ‘‘SEC. 7. SPECIALIZED TRAINING FOR FOREIGN SERVICE OFFICERS. ‘‘(a) IN GENERAL.—The Secretary of State shall pro- vide training for foreign service officers with respect to— ‘‘(1) the identification of torture; ‘‘(2) the identification of the surrounding cir- cumstances 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 hear- ing process; and ‘‘(5) the manner of interviewing victims of torture so as not to retraumatize them, eliciting the nec- essary information to document the torture experi- ence, and understanding the difficulties victims often have in recounting their torture experience. ‘‘(b) GENDER-RELATED CONSIDERATIONS.—In con- ducting 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.’’ [Pub. L. 108–179, § 2(b), Dec. 15, 2003, 117 Stat. 2643, pro- vided that: ‘‘The amendment made by subsection (a) [amending section 5(b)(1) of Pub. L. 105–320, set out above] shall take effect October 1, 2003.’’] [Pub. L. 108–179, § 3(b), Dec. 15, 2003, 117 Stat. 2643, pro- vided that: ‘‘The amendment made by subsection (a) [amending section 4(b)(1) of Pub. L. 105–320, set out above] shall take effect October 1, 2003.’’] Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2152a. Repealed. Pub. L. 108–484, § 8(a), Dec. 23, 2004, 118 Stat. 3931 Section, Pub. L. 87–195, pt. I, § 131, as added Pub. L. 106–309, title I, § 105, Oct. 17, 2000, 114 Stat. 1082; amend-