[Congressional Record Volume 145, Number 123 (Tuesday, September 21, 1999)]
[House]
[Pages H8424-H8427]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           TORTURE VICTIMS RELIEF REAUTHORIZATION ACT OF 1999

  Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 2367) to reauthorize a comprehensive program of 
support for victims of torture, as amended.
  The Clerk read as follows:

                               H.R. 2367

       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 
     Reauthorization Act of 1999''.

     SEC. 2. FOREIGN TREATMENT CENTERS FOR VICTIMS OF TORTURE.

       (a) Authorization of Appropriations.--Of the amounts 
     authorized to be appropriated for fiscal years 2001, 2002, 
     and 2003 pursuant to chapter 1 of part I of the Foreign 
     Assistance Act of 1961, there are authorized to be 
     appropriated to the President $10,000,000 for fiscal year 
     2001, $10,000,000 for fiscal year 2002, and $10,000,000 for 
     fiscal year 2003 to carry out section 130 of the Foreign 
     Assistance Act of 1961.
       (b) Availability of Funds.--Amounts appropriated pursuant 
     to this section shall remain available until expended.

     SEC. 3. DOMESTIC TREATMENT CENTERS FOR VICTIMS OF TORTURE.

       (a) Authorization of Appropriations.--Of the amounts 
     authorized to be appropriated for the Department of Health 
     and Human Services for fiscal years 2001, 2002, and 2003, 
     there are authorized to be appropriated to carry out 
     subsection (a) of section 5 of the Torture Victims Relief Act 
     of 1998 (22 U.S.C. 2152) $10,000,000 for fiscal year 2001, 
     $10,000,000 for fiscal year 2002, and $10,000,000 for fiscal 
     year 2003.
       (b) Availability of Funds.--Amounts appropriated pursuant 
     to this section shall remain available until expended.

     SEC. 4. MULTILATERAL ASSISTANCE.

       (a) Funding.--Of the amounts authorized to be appropriated 
     for fiscal years 2001, 2002, and 2003 for ``Voluntary 
     Contributions to International Organizations'' pursuant to 
     chapter 3 of part I of the Foreign Assistance Act of 1961, 
     there are authorized to be appropriated for a United States 
     contribution 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 2001.--For fiscal year 2001, $5,000,000.
       (2) Fiscal year 2002.--For fiscal year 2002, $5,000,000.
       (3) Fiscal year 2003.--For fiscal year 2003, $5,000,000.
       (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 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.

     SEC. 5. REPORTING REQUIREMENT.

       Not later than 90 days after the enactment of this Act, the 
     Secretary of State shall submit a report to the Committee on 
     Foreign Relations of the Senate and the Committee on 
     International Relations of the House of Representatives on 
     the specialized training for foreign service officers 
     required by section 7 of the Torture Victims Relief Act of 
     1998 (Public Law 105-320). The Report shall include detailed 
     information regarding--
       (1) efforts by the Department of State to implement the 
     specialized training requirement;
       (2) the curriculum that is being used in the specialized 
     training;
       (3) the number of foreign service officers who have 
     received the specialized training as of the date of the 
     Report; and
       (4) the nongovernmental organizations that have been 
     involved in the development of the specialized training 
     curriculum or in providing the specialized training, and the 
     nature and extent of that involvement.

     SEC. 6. TECHNICAL AMENDMENTS RELATING TO THE SECOND SECTION 
                   129 OF THE FOREIGN ASSISTANCE ACT OF 1961.

       (a) Amendment to Foreign Assistance Act of 1961.--The 
     second section 129 of the Foreign Assistance Act of 1961, as 
     added by section 4(a) of the Torture Victims Relief Act of 
     1998 (Public Law 105-320), is redesignated as section 130.
       (b) Amendment to Torture Victims Relief Act of 1998.--
     Section 4(b)(1) of the Torture Victims Relief Act of 1998 is 
     amended by striking ``section 129 of the Foreign Assistance 
     Act of 1961, as added by subsection (a)'' and inserting 
     ``section 130 of the Foreign Assistance Act of 1961 (as 
     redesignated by section 6(a) of the Torture Victims Relief 
     Reauthorization Act of 1999)''.

  The SPEAKER pro tempore (Mrs. Emerson). Pursuant to the rule, the 
gentleman from New Jersey (Mr. Smith) and the gentleman from New York 
(Mr. Crowley) each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Smith).

                              {time}  1600

  Mr. SMITH of New Jersey. Madam Speaker, I yield myself such time as I 
may consume to explain the bill.
  I rise in strong support of H.R. 2367, the Torture Victims Relief 
Reauthorization Act. Let me point out to my colleagues that on June 29, 
the Subcommittee on International Relations and Human Rights held a 
hearing on U.S. policy toward the victims of torture. The testimony 
that was presented that day emphasized the continuing and compelling 
need for this legislation. Those who suffer the unspeakable cruelty of 
torture at the hands of despotic governments bear physical, emotional 
and psychological scars for the rest of their lives. Often, the ordeal 
of torture does not end with the victim's release from a gulag, laogai, 
or prison. Without professional help and rehabilitation, many torture 
victims will never get their lives back.
  United States law, Madam Speaker, regarding torture victims took a 
giant step forward on October 30, 1998, with the enactment of Public 
Law 105-320, the Torture Victims Relief Act. I am proud to have been 
the principal sponsor of that act, which was cosponsored by 30 of our 
colleagues on both sides of the aisle. It authorized $12.5 million over 
2 years for assistance to torture victim treatment centers in the 
United States and another $12.5 million for assistance to treatment 
centers in other countries around the world. It also authorized a U.S. 
contribution in the amount of $3 million per year to the U.N. Voluntary 
Fund for Torture Victims. Finally, it required specialized training for 
State Department personnel in the identification of torture and its 
long-term effects, techniques for interviewing torture victims, and 
related subjects.
  To continue the good work that that law began, I, along with the 
chairman of the Committee on International Relations, the gentleman 
from New York (Mr. Gilman), the gentlewoman from Georgia (Ms. 
McKinney), our ranking member on the subcommittee, and the gentleman 
from California (Mr. Lantos), introduced H.R. 2367, the Torture Victims 
Relief Act Reauthorization. It will extend and increase the 
authorizations of last year's act through fiscal year 2003.

[[Page H8425]]

  For each of the 3 fiscal years it covers, the reauthorization act 
authorizes $10 million for domestic treatment centers. The Center for 
Victims of Torture estimates that there are as many as 400,000 victims 
of foreign governmental torture in the United States. At present there 
are only 14 domestic treatment centers which are able to serve only a 
small fraction of the torture victim population here in this country. 
Because many of their clients do not have health insurance, the centers 
must bear most of the costs of treatment. Our hope is that the money 
authorized by H.R. 2367 will support these existing efforts and perhaps 
even enable the Department of Health and Human Services' Office of 
Refugee Resettlement to establish much needed new centers.
  Madam Speaker, the bill also authorizes $10 million per year for 
international treatment centers. According to the International Rehab 
Council for Torture Victims, the IRCT, the leading international 
nongovernmental organization engaged in treating victims of torture, 
$33 million is needed in 1999 alone for international rehab centers. 
Currently there are about 175 torture victim treatment centers around 
the world.
  The bill also authorizes $5 million per year for a United States 
contribution to the U.N. Voluntary Fund for Victims of Torture. I am 
pleased to note that the administration greatly increased the U.S. 
contribution to the fund this year to $3 million, the full level 
authorized by the Torture Victims Relief Act. We should continue this 
trend, and I believe we should expand our effort for this worthwhile 
multilateral effort.
  Finally, the bill requires, as it did before, that the State 
Department report on its efforts to provide specialized training to 
foreign service officers, as mandated by the Torture Victims Relief 
Act. It is important that our personnel who deal with torture victims 
be able to identify evidence of torture and its long-term effects, and 
that they learn techniques for interviewing torture victims who may 
still be suffering trauma from their experiences.
  At our recent subcommittee hearing, it became apparent that the State 
Department has not yet implemented the training required by the act. 
This reporting requirement will serve as a wake-up call to prompt the 
Department to fulfill its statutory obligations.
  Madam Speaker, for the Record I am inserting correspondence between 
the gentleman from New York (Mr. Gilman) and the gentleman from 
Virginia (Mr. Bliley), of the Committee on Commerce, regarding the 
jurisdictional aspects of this bill, and I greatly appreciate the 
willingness of the gentleman from Virginia to accede to consideration 
of this measure on the suspension calendar. I hope all Members will 
support this legislation.

         Committee on International Relations, House of 
           Representatives,
                               Washington, DC, September 17, 1999.
     Hon. Tom Bliley,
      Chairman, Committee on Commerce, House of Representatives.
       Dear Tom: I am writing to thank the Committee on Commerce 
     for its willingness to waive consideration of H.R. 2367, the 
     Torture Victims Relief Reauthorization Act of 1999. As you 
     correctly note, the Committee on International Relations and 
     the sponsors of the bill believe it is important to bring 
     this legislation before the House as expeditiously as 
     possible.
       I am writing to confirm our understanding, upon which your 
     agreement to waive Committee consideration of the bill was 
     premised:
       Although I am hopeful that the Senate will pass the bill as 
     passed by the House, I agree to support the appointment of 
     Commerce Committee conferees, should a conference be convened 
     on this legislation.
       I will gladly include your September 10, 1999 letter as 
     part of the record during consideration of the bill by the 
     House.
       Thank you again for your prompt attention to this time-
     sensitive matter. Do not hesitate to contact me with any 
     additional questions or suggestions you may have.
           Sincerely,
                                               Benjamin A. Gilman,
     Chairman.
                                  ____

                                         House of Representatives,


                                        Committee on Commerce,

                               Washington, DC, September 10, 1999.
     Hon. Benjamin A. Gilman,
     Chairman, House Committee on International Relations, Rayburn 
         House Office Building, Washington, DC.
       Dear Ben: On September 9, 1999, the Committee on 
     International Relations ordered reported H.R. 2367, the 
     Torture Victims Relief Reauthorization Act of 1999. H.R. 
     2367, as ordered reported by the Committee on International 
     Relations, reauthorizes programs for the support and 
     treatment of torture victims through a variety of sources. As 
     you know, the Committee on Commerce was granted an additional 
     referral upon the bill's introduction pursuant to the 
     Committee's jurisdiction over health and health facilities 
     under Rule X of the Rules of the House of Representatives.
       Because of the importance of this matter, I recognize your 
     desire to bring this legislation before the House in an 
     expeditious manner and will waive consideration of the bill 
     by the Commerce Committee. By agreeing to waive its 
     consideration of the bill, the Commerce Committee does not 
     waive its jurisdiction over H.R. 2367. In addition, the 
     Committee on Commerce reserves its authority to seek 
     conferees on any provisions of the bill that are within the 
     Commerce Committee's jurisdiction during any House-Senate 
     conference that may be convened on this legislation. I ask 
     for your commitment to support any request by the Committee 
     on Commerce for conferees on H.R. 2367 or related 
     legislation.
       I request that you include this letter as a part of your 
     committee's report on H.R. 2367 and as part of the Record 
     during consideration of the legislation on the House floor.
       Thank you for your attention to these matters.
           Sincerely,
                                                       Tom Bliley,
                                                         Chairman.

  Madam Speaker, I reserve the balance of my time.
  Mr. CROWLEY. Madam Speaker, I yield myself such time as I may 
consume.
  This is a very serious subject we are addressing this afternoon, and 
I just want to say for the record that I was supportive of my friend 
from New Jersey's request for additional time. I am glad, however, that 
we will not have to use that, for the sake of the other business here 
today.
  Madam Speaker, I rise in strong support of H.R. 2367, and I just want 
to address the House for a number of minutes. The legislation before 
the House today authorizes critically important domestic and 
international programs that provide relief to victims of torture. 
Specifically, the bill increases from $7.5 million to $10 million the 
annual authorization for AID to provide assistance to treatment centers 
and programs in foreign countries regarding the physical and 
psychological rehabilitation of victims of torture.
  These funds support programs in countries like South Africa, Liberia, 
and Rwanda that meet the medical and psychological needs of traumatized 
and tortured civilians. This assistance has been particularly important 
to the children of Africa, because many of them have witnessed or 
experienced unspeakable horrors as child soldiers in the civil strife 
that has wracked these countries.
  USAID is also training health providers and trauma counselors to deal 
with the enormous psychological and medical needs in Kosovo. One of the 
most devastating accounts was that of an 8-year-old boy in Kosovo who 
was forced to listen to the screams of his 2-year-old sister as she was 
burned alive when the Serbs set fire to his house after killing the 
rest of his family. He was unable to help his younger sister because 
the Serbs had shot him also.
  The legislation also increases from $7.5 million to $10 million the 
annual authorization for HHS to provide relief activities domestically. 
The U.S. is working to meet the needs of refugee survivors of torture 
living in the United States by training community service providers who 
work with refugees to recognize survivors of torture and provide 
appropriate mental health referrals for them.
  This bill also increases the annual authorization for the U.S. 
contribution to the U.N. Voluntary Fund for Victims of Torture from $3 
million a year to $5 million. In recent years, the United States has 
been the single largest contributor to the United Nations Voluntary 
Fund, established by the U.N. General Assembly in 1981. The U.N. fund 
provides worldwide humanitarian assistance to meet the medical and 
psychological needs of torture victims and their families.
  One center receiving assistance from the U.N. fund is the Center for 
Victims of Torture based in Minnesota. This center established an 
innovative training program for school teachers whose students are 
survivors of torture or

[[Page H8426]]

who have family members who are survivors. There are now nearly 200 
centers supported by the U.N. fund working to meet the unique needs of 
survivors of torture around this world.
  Finally, the legislation expresses the sense of Congress that the 
United States should support, one, the U.N. Voluntary Fund to find new 
ways to rehabilitate victims of torture; two, the work of the Special 
Rapporteur on Torture and Committee Against Torture; and, three, the 
establishment of a country rapporteur or similar mechanism to 
investigate human rights violations in any country that has been found 
to have a systematic practice of torture.
  The United States has been in the forefront of providing assistance 
to torture victims, including through the many centers in the United 
States that address the dreadful effect of these barbarous practices. 
This legislation will ensure that the U.S. continues to play this vital 
leadership role.
  While it is unusual for Congress to authorize funds in advance, as 
this bill does, it will send a message that this committee believes 
that a stable funding base is necessary for these important programs to 
work and to continue.
  Madam Speaker, let me add that it is unfortunate that this 
legislation is needed at the dawn of the year 2000 in the 21st century; 
that humankind can be as cruel today in many respects as it was during 
the time of the Spanish inquisition and Nazi Germany, when torture 
became institutionalized. Hot spots today include Rwanda, Burundi, 
Algeria, Colombia, Kosovo, East Timor, just to mention a few. And they 
are not just governments, but militias and rebel groups that are also 
involved in acts of torture. They are engaging in torture to produce a 
political outcome beneficial to their cause.
  Madam Speaker, I urge my colleagues to support H.R. 2367; and I thank 
my good friend, the gentleman from New Jersey (Mr. Smith), for his work 
on this legislation; the gentleman from New York (Mr. Gilman) for his 
work, our ranking member, the gentleman from New Jersey (Mr. 
Gejdenson), the gentleman from California (Mr. Lantos), and the many, 
many others who were involved in creating this legislation and seeing 
it pass today.
  Madam Speaker, I reserve the balance of my time.
  Mr. Smith of New Jersey. Madam Speaker, I yield myself such time as I 
may consume, and I want to thank my good friend from New York for his 
excellent statement and his good work on the subcommittee.
  I would like to point out, Madam Speaker, that it is not the 
intention of the supporters, the prime sponsor of the bill or anyone 
else that this legislation should result in any decrease whatsoever in 
the resources available to other programs of the Office of Refugee 
Resettlement.
  I would also note for the Record that Lavinia Limon, Director of the 
Office of Refugee Resettlement, is doing an outstanding job. She 
testified before our subcommittee. She did the work at Fort Dix as the 
ethnic Albanians were making their way during the Kosovo crisis.
  We have to make sure that the money that is available by way of HHS, 
that the money be found so that this is not a zero-sum game. We have to 
make sure, and I would encourage our appropriators to make sure, that 
this money is in addition to and does not take away from the other good 
work that the Office of Refugee Resettlement does.
  Mr. LANTOS. Mr. Speaker, I rise in strong support of H.R. 2367--the 
Torture Victims Relief Reauthorization Act of 1999. I am pleased to be 
a cosponsor of this legislation.
  First, Mr. Speaker, I want to pay tribute to our distinguished 
colleague and my friend, the gentleman from New Jersey, Congressman, 
Chris Smith. He has shown outstanding leadership on this issue, and I 
want to express my appreciation to him for the direction and focus he 
has given this important legislation.
  It is critical that we continue this program to provide assistance to 
the unfortunate individuals who have been victims of torture. I am 
pleased that our country has been in the forefront in providing 
assistance to those who suffer from these barbarous practices.
  Mr. Speaker, while it is unusual to provide in legislation 
authorizing funds in advance as this bill does, it is important to send 
the message that the Congress believes that a stable funding base is 
essential for these important programs to assist the unfortunate 
victims of torture.
  Mr. Speaker, this legislation authorizes a number of critically 
important domestic and international programs to provide relief to the 
victims of torture. The bill increases from $7.5 million to $10 million 
the annual authorization for the Agency for International Development 
(AID) to provide assistance to treatment centers and programs in 
foreign countries which deal with physical and psychological 
rehabilitation of victims of torture. The legislation also authorizes 
five million dollars in contributions to the U.N. Voluntary Fund for 
the Victims of Torture, an increase from the three million which is 
currently authorized.
  Just a few weeks ago, Mr. Speaker, I hosted a reception here on 
Capitol Hill honoring Dr. Inge Genefke and the Center for the Victims 
of Torture. In 1979 Dr. Genefke established a clinic in her native 
Copenhagen, Denmark, which was the first such facility anywhere in the 
world devoted specifically to treating victims of torture. Now, I am 
happy to report, that facilities exist in a number of countries--
including several in our own country--which provide this kind of 
specialized medical care. It is very reassuring to see the progress 
that is being made in dealing with the tragic victims of repressive 
regimes which carry out or tolerate this horrendous violation of human 
rights.
  This legislation is important in our stand for human rights, Mr. 
Speaker, and I strongly urge my colleagues to vote for it.
  Mr. GILMAN. Madam Speaker, I want to commend Chairman Smith and the 
Ranking Minority Member Ms. McKinney of the Subcommittee on 
International Operations and Human Rights for crafting this timely 
initiative which addresses a critical area of our efforts to combat 
human rights abuses--treatment of those individuals who have suffered 
the effects of torture at the hands of governments as a means of 
destroying dissent and oppostion.
  The resolution rightly recognizes the importance of treating victims 
of torture in order to combat the long-term devastating effects that 
torture has on the physical and psychological well-being of those who 
have undergone this pernicious form of abuse. Torture is an extremely 
effective method to suppress political dissidence, and for those 
governments which lack the legitimacy of democratic institutions to 
justify their power, torture can provide a bulwark against popular 
opposition.
  This measure authorizes funding at the level of $10 million a year 
for the next three fiscal years for treatment centers in the United 
States and overseas. It also authorizes the State Department to 
contribute $5 million in fiscal years 2001, 2002 and 2003 to the United 
Nations Voluntary Fund for Victims of Torture.
  Political leaders of undemocratic societies still find torture useful 
because its aims are the destruction of the personality. It attempts to 
rob those individuals who would actively involve themselves in 
opposition to oppress their self-confidence and other characteristics 
that produce leadership. I quote from a speech by Dr. Inge Genefke, who 
is a founder of the international treatment movement, ``Sophisticated 
torture methods today can destroy the personality and self-respect of 
human beings. . . . Many victims are threatened with having to do or 
say things against his ideology or religious convictions, with the 
purpose of attacking fundamental parts of the identity, such as self-
respect and self-esteem. Torturers today are able to create conditions 
which effectively break down the victim's personality and identity and 
his ability to live a full life later with and amongst other human 
beings.''
  Accordingly, I urge all my colleagues to join in approving this 
legislation.
  Mr. HOYER. Mr. Speaker, I rise in strong support for H.R. 2367, the 
Torture Victims Relief Act reauthorization.
  I also want to commend my colleagues, Representative Chris Smith and 
Representative Joseph Crowley, who serve on the International Relations 
Committee, for bringing this bill to the floor, today.
  The Center for Victims of Torture is one of over 175 centers which 
treats and supports victims of politically-motivated torture. It was 
established in 1985 and is the first of its kind in the United States.
  The Center helps to rehabilitate survivors by addressing their 
physical and psychological needs in order to reintegrate them back into 
society. The treatment program assists their families who also suffer 
the effects of the torture. They have provided services for survivors 
from more than 45 countries and all continents. And the center treats 
American victims of torture overseas.
  According to the Center for Victims of Torture, ``The debilitating 
nature of torture makes it extremely difficult for survivors to hold 
down jobs, study for new professions, or acquire other skills needed 
for a successful integration into the culture and economy. Torture is a 
crime against humanity; as a strategic tool of repression, it is the 
single most effective weapon against democracy. Its purpose is to

[[Page H8427]]

control populations by destroying individual leaders and frightening 
entire communities. Torture is rarely used to extract information from 
someone.''
  I am a strong supporter of this program and am pleased that both the 
House and the Senate Foreign Operations Appropriations bills have 
provided $3 million for the United Nations Voluntary Fund for Victims 
of Torture and $7.5 million for the Foreign Treatment Centers for 
Torture Victims.
  As a member of the Labor, HHS Appropriations Subcommittee, I am 
hopeful that once we draft our legislation, it will reflect the 
President's FY 2000 request of $7.5 million for Domestic Centers for 
Victims of Torture.
  John F. Kennedy once said, ``I am certain that after the dust of 
centuries has passed over our cities, we, too, will be remembered not 
for victories or defeats in battle or in politics, but for our 
contribution to the human spirit.'' This program does just that. It 
works to rebuild the human spirit that was broken as an act of war and 
repression.
  Again, Mr. Speaker, I support this legislation and encourage full 
funding for these programs. Because democracy is neither easy nor 
simple. It is, however, a goal that we must boldly pursue.


                             General Leave

  Mr. SMITH of New Jersey. Madam Speaker, I ask unanimous consent that 
all Members may have 5 legislative days within which to revise and 
extend their remarks on H. R. 2367.
  The SPEAKER pro tempore (Mrs. Emerson). Is there objection to the 
request of the gentleman from New Jersey?
  There was no objection.
  Mr. CROWLEY. Madam Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  Mr. SMITH of New Jersey. Madam Speaker, I have no further requests 
for time, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Smith) that the House suspend the rules 
and pass the bill, H.R. 2367, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________