2012 US Code
Title 22 - Foreign Relations and Intercourse
Chapter 32 - FOREIGN ASSISTANCE (§§ 2151 - 2443)
Subchapter I - INTERNATIONAL DEVELOPMENT (§§ 2151 - 2296f)
Part I - Declaration of Policy; Development Assistance Authorizations (§§ 2151 - 2152h)
Section 2152 - Assistance for victims of torture
Publication Title | United States Code, 2012 Edition, Title 22 - FOREIGN RELATIONS AND INTERCOURSE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 32 - FOREIGN ASSISTANCE SUBCHAPTER I - INTERNATIONAL DEVELOPMENT Part I - Declaration of Policy; Development Assistance Authorizations Sec. 2152 - Assistance for victims of torture |
Contains | section 2152 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | No |
Disposition | standard |
Source Credit | 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. |
Statutes at Large References | 112 Stat. 3017, 3016 113 Stat. 1302 117 Stat. 2643 119 Stat. 3574 |
Public Law References | Public Law 87-195, Public Law 105-320, Public Law 106-87, Public Law 108-179, Public Law 109-165 |
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The President is authorized to provide assistance for the rehabilitation of victims of torture.
(b) Eligibility for grantsSuch 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 fundsSuch 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) of this section, 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.)
Delegation of FunctionsFor 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.
Statement of PolicyPub. L. 109–165, §2, Jan. 10, 2006, 119 Stat. 3574, provided that: “It is the policy of the United States—
“(1) to ensure that, in its support abroad for programs 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 programs and centers for the treatment of victims of torture, particular attention should be given to regions with significant immigrant or refugee populations.”
Torture Victims Relief; Effective DatePub. L. 105–320, Oct. 30, 1998, 112 Stat. 3016, as amended 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, provided that:
“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Torture Victims Relief 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 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.
“(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 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.“(a)
“(b)
“(1)
“(2)
“(c)
“(a)
“(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)
“(1)
“(2)
“(a)
“(1)
“(2)
“(b)
“(c)
“(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. SPECIALIZED TRAINING FOR FOREIGN SERVICE OFFICERS.“(a)
“(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)
[Pub. L. 108–179, §2(b), Dec. 15, 2003, 117 Stat. 2643, provided 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, provided 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.”]
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