[House Report 110-103]
[From the U.S. Government Publishing Office]
110th Congress Rept. 110-103
HOUSE OF REPRESENTATIVES
1st Session Part 1
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TORTURE VICTIMS RELIEF REAUTHORIZATION ACT OF 2007
_______
April 20, 2007.--Ordered to be printed
_______
Mr. Lantos, from the Committee on Foreign Affairs, submitted the
following
R E P O R T
[To accompany H.R. 1678]
[Including cost estimate of the Congressional Budget Office]
The Committee on Foreign Affairs, to whom was referred the
bill (H.R. 1678) to amend the Torture Victims Relief Act of
1998 to authorize appropriations to provide assistance for
domestic and foreign programs and centers for the treatment of
victims of torture, and for other purposes, having considered
the same, report favorably thereon without amendment and
recommend that the bill do pass.
TABLE OF CONTENTS
Page
Summary.......................................................... 2
Background and Purpose........................................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Votes of the Committee........................................... 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Intergovernmental and Private Sector Impact...................... 5
Performance Goals and Objectives................................. 5
Constitutional Authority Statement............................... 5
New Advisory Committees.......................................... 5
Congressional Accountability Act................................. 6
Earmark Identification........................................... 6
Section-by-Section Analysis...................................... 6
Changes in Existing Law Made by the Bill, as Reported............ 6
Exchange of Letters--Foreign Affairs Committee and Energy and
Commerce Committee............................................. 8
Summary
H.R. 1678, the Torture Victims Relief Reauthorization Act
of 2007, was referred to the Committee on Foreign Affairs, and
in addition to the Committee on Energy and Commerce. The
Committee on Foreign Affairs considered the portions of the
bill under its jurisdiction and ordered it to be reported
favorably, by voice vote, without amendment, on March 27, 2007.
Background and Purpose
H.R. 1678, the Torture Victims Relief Reauthorization Act
of 2007, reauthorizes appropriations to assist domestic and
international programs and centers specializing in the
treatment of victims of torture. The legislation reauthorizes
funds to carry out provisions of P.L. 105-320, the Torture
Victims Relief Act of 1998 (the ``TVRA''). In particular, the
bill authorizes $25,000,000 for each of FY08 and FY09 for the
Department of Health and Human Services in support of domestic
treatment centers (this provision falls under the jurisdiction
of the Committee on Energy and Commerce). In addition, the bill
authorizes $12,000,000 for each of FY08 and FY09 in support of
international treatment centers and programs. Finally, the bill
authorizes $12,000,000 for each of FY08 and FY09 for the United
Nations Voluntary Fund for Victims of Torture.
Although exact figures are difficult to determine,
according to Amnesty International, over 150 countries
worldwide still engage in torture. An estimated 400,000 to
500,000 foreign torture survivors reside in the United States,
and there may be over 100 million worldwide. More than 250
treatment programs operate internationally to provide crucial
medical, psychological and social services to torture
survivors. The Center for Victims of Torture in Minnesota was
the first multi-discipline center of its kind in the United
States and the third torture victims' treatment program in the
world. Currently, there are 31 programs for the treatment of
survivors of torture operating in the United States, of which
20 programs are assisted through the Office of Refugee
Resettlement (ORR) of the Department of Health and Human
Services. The National Consortium of Torture Victims Treatment
Programs reports that their clients come from 110 countries,
and 93% of those clients are newly-arrived torture survivors.
Only 7% of their clients are long-term residents or have become
citizens of the United States.
The Torture Victims Relief Act of 1998, which was sponsored
by Rep. Christopher H. Smith (R-NJ) and cosponsored by Rep. Tom
Lantos (D-CA), established a comprehensive approach in the
support of programs for the treatment of survivors of torture
in the United States and abroad. With regard to domestic
treatment programs, the TVRA tasks the Secretary of Health and
Human Services with coordinating grants to services for the
rehabilitation of victims of torture. This includes the
treatment of the physical and psychological effects of torture,
as well as social and legal services for victims of torture.
Regarding domestic programs, the TVRA also provides support for
research and training for health care providers outside of
treatment centers if they provide similar services. The grants
are administered through ORR. Concerning international entities
providing such services abroad, the TVRA authorizes the
President to provide grant assistance for the rehabilitation of
victims of torture. These funds can be provided to entities
which offer direct services to victims of torture, and support
research and training to health care providers outside of
treatment centers, if they provide similar services. These
grants are administered by the United States Agency for
International Development (USAID) through its Victims of
Torture Fund (VTF). In FY06, the VTF supported treatment
programs in 28 countries that span 4 regions (Latin America and
the Caribbean, Africa, Asia and the Near East, and Europe and
Eurasia) and supported 120 local organizations in communities
where survivors live. Finally, the TVRA authorizes the
President to make a contribution from the United States to the
multilateral United Nations Voluntary Fund for Victims of
Torture (UNVF). Through this United Nations mechanism, the UNVF
supported 175 Projects in 64 countries in 2006, including
within the United States. The TVRA further expresses the sense
of Congress that the President, acting through the United
States Permanent Representative to the United Nations, should
request the UNVF to find new ways to support and protect
treatment centers and programs that are carrying out
rehabilitative services for victims of torture, to encourage
the development of new centers and programs, and to use its
voice and vote to support the work of the United Nations
Special Rapporteur on Torture and the United Nations Committee
Against Torture.
In addition to supporting these treatment programs, the
TVRA requires the Secretary of State to provide a special
training program for Foreign Service Officers on the nature,
impact and circumstances of torture.
Hearings
The Committee did not hold hearings on the legislation.
Committee Consideration
On March 27, 2007, the Committee met in an open mark-up
session and ordered favorably reported H.R. 1678 without
amendment by voice vote, a quorum being present.
Votes of the Committee
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee notes that there
were no recorded votes during consideration of H.R. 1678.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee finds and
reemphasizes that Congress has passed an important policy
provision regarding the application and disbursements of grants
under the TVRA in the Torture Victims Relief Reauthorization
Act of 2005 (P.L. 109-165), which stipulates that special
consideration should be given to establishing and supporting
such programs and centers abroad in emerging democracies, in
post-conflict environments, and, with a view toward providing
services to refugees and internally displaced persons, in areas
as close to ongoing conflict as safely as possible. In
addition, the 2005 law seeks to ensure that, in 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 population concentrations.
New Budget Authority and Tax Expenditures
H.R. 1678 reauthorizes the following sums to carry out the
provisions of the Torture Victims Relief Act (P.L. 105-320):
$25,000,000 for each of FY08 and FY09 for the Department of
Health and Human Services in support of domestic treatment
centers (this provision falls under the jurisdiction of the
Committee on Energy and Commerce); $12,000,000 for each of FY08
and FY09 in support of international treatment programs; and
$12,000,000 for each of FY08 and FY09 for the UN Voluntary Fund
for Victims of Torture.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 1678, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under Section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 2, 2007.
Hon. Tom Lantos, Chairman,
Committee on Foreign Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1678, the Torture
Victims Relief Reauthorization Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sam
Papenfuss, who can be reached at 226-2840.
Sincerely,
Peter R. Orszag.
Enclosure
cc:
Honorable Ileana Ros-Lehtinen
Ranking Member
H.R. 1678--Torture Victims Relief Reauthorization Act of 2007
H.R. 1678 would authorize the appropriation of $49 million
in both 2008 and 2009 for foreign and domestic programs to
assist victims of torture. CBO estimates that implementing the
bill would cost $22 million in 2008 and $97 million over the
2008-2012 period, assuming that outlays would follow historical
spending patterns for those programs and that the authorized
amounts would be appropriated. The bill would not affect direct
spending or revenues.
The estimated budgetary impact of H.R. 1678 is shown in the
following table. The costs of this legislation fall within
budget functions 150 (international affairs) and 550 (health).
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Domestic Treatment Centers 25 25 0 0 0
Authorization Level
Estimated Outlays 8 18 15 7 2
Foreign Treatment Centers 12 12 0 0 0
Authorization Level
Estimated Outlays 2 8 8 3 2
Contribution to United Nations' Fund 12 12 0 0 0
Authorization Level
Estimated Outlays 12 12 0 0 0
Total 49 49 0 0 0
Authorization Level
Estimated Outlays 22 38 23 10 4
----------------------------------------------------------------------------------------------------------------
Section 2 of the bill would authorize the appropriation of
$25 million a year in 2008 and 2009 for the Department of
Health and Human Services (HHS) for domestic treatment of
victims of torture. Under current law, HHS makes grants to
programs in the United States that provide psychological and
physical rehabilitation, social services, and legal services to
victims of torture. Section 3 would authorize the appropriation
of $12 million in 2008 and $12 million in 2009 for foreign
treatment centers for victims of torture. Finally, section 4
would authorize the appropriation of $12 million in 2008 and
$12 million in 2009 for grants to the United Nations Voluntary
Fund for Victims of Torture.
H.R. 1678 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Sam Papenfuss,
who can be reached at 226-2840. This estimate was approved by
Robert A. Sunshine, Assistant Director for Budget Analysis.
Intergovernmental and Private Sector Impact
H.R. 1681 contains no intergovernmental or private-sector
mandates as defined in UMRA and would not affect the budgets of
state, local, or tribal governments.
Performance Goals and Objectives
The Committee states that the purpose of H.R. 1678 is to
reauthorize funds to carry out provisions of the Torture
Victims Relief Act of 1998, to provide effective and adequate
medical and psycho-social treatment and services to survivors
of torture, both in the United States and abroad.
Constitutional Authority Statement
Pursuant to clause 3(d) (1) of rule XIII of the Rules of
the House of Representatives, the Committee finds the authority
for this legislation in article I, section 8 of the
Constitution.
New Advisory Committees
H.R. 1678 establishes no new advisory committees.
Congressional Accountability Act
H.R. 1678 does not apply to the Legislative Branch.
Earmark Identification
H.R. 1678 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) of rule XXI. Section 202 contains an
authorization for a grant to the International Center for
Democratic Transition, an organization endorsed by the
Community of Democracies at its 2006 Ministerial meeting and
supported by the Department of State.
Section-by-Section Analysis and Discussion and Discussion
Section 1. Short Title.
Section 1 sets as short title of H.R. 1678, the ``Torture
Victims Relief Reauthorization Act of 2007.''
Section 2. Authorization of Appropriations for Domestic Treatment
Centers for Victims of Torture.
Section 2 authorizes $25,000,000 for each of the fiscal
years 2008 and 2009 for the Department of Health and Human
Services to fund domestic treatment centers for victims of
torture.
Section 3. Authorization of Appropriations for Foreign Treatment
Centers for Victims of Torture.
Section 3 authorizes $12,000,000 for each of the fiscal
years 2008 and 2009 for the President to fund foreign treatment
centers for victims of torture.
Section 4. Authorization of Appropriations for the United States
Contribution to the United Nations Voluntary Fund for Victims
of Torture.
Section 4 authorizes $12,000,000 for each of the fiscal
years 2008 and 2009 for the President to make United States
contributions to the United Nations Voluntary Fund for Victims
of Torture
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
TORTURE VICTIMS RELIEF ACT OF 1998
* * * * * * *
SEC. 4. FOREIGN TREATMENT CENTERS.
(a) * * *
(b) Funding.--
[(1) Authorization of appropriations.--Of the amounts
authorized to be appropriated for fiscal years 2004 and
2005 pursuant to chapter 1 of part I of the Foreign
Assistance Act of 1961, there are authorized to be
appropriated to the President to carry out section 130
of such Act (relating to assistance for centers in
foreign countries and programs for the treatment of
victims of torture) $11,000,000 for fiscal year 2004
and $12,000,000 for fiscal year 2005.]
(1) Authorization of appropriations.--Of the amounts
authorized to be appropriated for fiscal years 2008 and
2009 pursuant to chapter 1 of part I of the Foreign
Assistance Act of 1961, there are authorized to be
appropriated to the President to carry out section 130
of such Act $12,000,000 for each of the fiscal years
2008 and 2009.
* * * * * * *
SEC. 5. DOMESTIC TREATMENT CENTERS.
(a) * * *
(b) Funding.--
[(1) Authorization of appropriations.--Of the amounts
authorized to be appropriated for the Department of
Health and Human Services for fiscal years 2004 and
2005, there are authorized to be appropriated to carry
out subsection (a) (relating to assistance for domestic
centers and programs for the treatment of victims of
torture) $20,000,000 for fiscal year 2004 and
$25,000,000 for fiscal year 2005.]
(1) Authorization of appropriations.--Of the amounts
authorized to be appropriated for the Department of
Health and Human Services for fiscal years 2008 and
2009, there are authorized to be appropriated to carry
out subsection (a) $25,000,000 for each of the fiscal
years 2008 and 2009.
* * * * * * *