Report text available as:

(PDF provides a complete and accurate display of this text.) Tip?


108th Congress                                            Rept. 108-261
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
           TORTURE VICTIMS RELIEF REAUTHORIZATION ACT OF 2003

                                _______
                                

               September 3, 2003.--Ordered to be printed

                                _______
                                

Mr. Hyde, from the Committee on International Relations, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1813]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on International Relations, to whom was 
referred the bill (H.R. 1813) to amend the Torture Victims 
Relief Act of 1998 to authorize appropriations to provide 
assistance for domestic and foreign centers and programs for 
the treatment of victims of torture, and for other purposes, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                           TABLE OF CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Vote of the Committee............................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Performance Goals and Objectives.................................     5
Constitutional Authority Statement...............................     6
Section-by-Section Analysis......................................     6
New Advisory Committees..........................................     6
Congressional Accountability Act.................................     6
Federal Mandates.................................................     6
Changes in Existing Law Made by the Bill, as Reported............     6

                          Purpose and Summary

    H.R. 1813 amends the Torture Victims Relief Act (TVRA) of 
1998 to authorize appropriations for domestic and foreign 
centers for the treatment of victims of torture, and to the 
United Nations Voluntary Fund for Victims of Torture for fiscal 
years 2004, 2005 and 2006. This bill includes three substantive 
provisions. The first provision (Sec. 2) authorizes 
appropriations for domestic treatment centers for torture 
victims. The second provision (Sec. 3) authorizes 
appropriations for foreign treatment centers and programs for 
victims of torture. This provision (Sec. 3) is the primary 
provision addressed at the July 23, 2003 mark-up by the 
Committee on International Relations. The final provision (Sec. 
4), authorizes appropriations for the U.S contribution to the 
United Nations Voluntary Fund for Victims of Torture. This 
final provision (Sec. 4) was included in the Foreign Relations 
Authorization Act, Fiscal Years 2004 and 2005 (H.R. 1950).

                Background and Need for the Legislation

    The authorization of appropriations for domestic treatment 
centers for victims of torture (Sec. 2) was included in the 
original act. There has been no increase in funding levels 
since FY 2001. In spite of this, the number of survivors 
seeking treatment at U.S. centers funded through the TVRA has 
significantly increased. The client base at just 14 such 
centers increased from 935 in 1999 to 1550 in 2000 and to 2579 
in 2001. A subsequent survey showed that, during 2002, 23 TVRA-
funded centers treated 3664 clients. With the additional 
funding, it is estimated U.S. centers would have the capacity 
and ability to serve an additional 2,800 survivors per year. 
Moreover, there are cities (e.g., Miami, New Orleans, Houston, 
Dallas, Atlanta, Cleveland, St. Louis, Kansas City, Salt Lake 
City and Seattle) that have sizable refugee and immigrant 
communities but no torture treatment service providers. The 
current level of funding for domestic treatment centers is $10 
million; the reauthorization calls for an increase to $20 
million in FY 2004, $25 million in FY 2005, and $30 million in 
FY 2006.
    The authorization of appropriations for foreign treatment 
centers for victims of torture (Sec. 3) was included in the 
original act. Since the adoption of the TVRA the USAID program 
has expanded to 45 treatment programs in 26 countries, in Latin 
America, the Carribean, Africa, Asia, the Near East, Europe and 
Eurasia. Non-governmental organizations that receive this AID 
funding (1) provide direct services to survivors, their 
families, and communities; (2) strengthen the capacity of 
country-based institutions in their delivery of services to 
survivors; and (3) increase the level of knowledge and 
understanding about the needs of torture victims. The current 
level of funding is $10 million; the reauthorization calls for 
a $1 million increase for each fiscal year through FY 2006.
    The authorization of appropriations for the United Nations 
Voluntary Fund for the Victims of Torture (Sec. 4) was included 
in the original act. In 2002, the Fund provided 169 grants to 
torture treatment centers in 60 different countries. The Fund 
assists approximately 80,000 torture victims a year. As the 
number of treatment centers has grown, the Fund has had to 
increase the number of grants. The current level of funding is 
$5 million. Because of the increasing number of programs that 
deserve assistance, the reathuroziation calls for $6 million 
for FY 2004, $7 million for FY 2005, and $8 million for FY 
2006.

                                Hearings

    No hearings were held on H.R. 1813.

                        Committee Consideration

    The Committee on International Relations marked up the bill 
in open session, pursuant to notice on July 23, 2003. The 
Committee ordered favorably reported the bill H.R. 1813 by 
voice vote, a quorum being present.

                         Vote of the Committee

    No recorded votes were taken during the consideration of 
H.R. 1813.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House Rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               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. 1813, 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, August 7, 2003.
Hon. Henry J. Hyde, Chairman,
Committee on International Relations,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1813, the Torture 
Victims Relief Reauthorization Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Joseph C. 
Whitehill, who can be reached at 226-2840.
            Sincerely,
                                       Douglas Holtz-Eakin.
Enclosure

cc:
        Honorable Tom Lantos,
        Ranking Member.
H.R. 1813--Torture Victims Relief Reauthorization Act of 2003

                                SUMMARY

    H.R. 1813 would authorize the appropriation of $37 million 
in 2004, $44 million in 2005, and $51 million in 2006 for 
programs to provide assistance for the treatment of victims of 
torture. The bill would authorize funding for the Department of 
Health and Human Services and the U.S. Agency for International 
Development for domestic and international centers and programs 
for the treatment of victims of torture. The bill would also 
authorize a contribution to the United Nations Voluntary Fund 
for Victims of Torture. CBO estimates that implementing H.R. 
1813 would cost $117 million over the 2004-2008 period, 
assuming the appropriation of the authorized amounts. The bill 
would not affect direct spending or receipts.
    H.R. 1813 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 1813 is shown in the 
following table. The estimate assumes the bill will be enacted 
late in fiscal year 2003; that the amounts authorized for 2004, 
2005, and 2006 will be appropriated near the start of each 
fiscal year; and that spending will follow historical patterns. 
The costs of this legislation fall within budget functions 150 
(international affairs) and 600 (income security).

                                     By fiscal year, in millions of dollars
----------------------------------------------------------------------------------------------------------------
                                                              2003     2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law for Victims of Torture Relief         23        0        0        0        0        0
  Budget Authority\1\
  Estimated Outlays                                              22       15        7        4        2        2

Proposed Changes                                                  0       37       44       51        0        0
  Authorization Level
  Estimated Outlays                                               0       13       27       38       26       13

Spending Under H.R. 1813 for Victims of Torture Relief           23       37       44       51        0        0
  Authorization Level \1\
  Estimated Outlays                                              22       28       34       42       28       15
----------------------------------------------------------------------------------------------------------------
\1\ The 2003 level is the amount appropriated for that year.

                           BASIS OF ESTIMATE

    Section 2 would authorize appropriations of $20 million in 
2004, $25 million in 2005, and $30 million in 2006 for the 
Department of Health and Human Services to assist in the 
rehabilitation of victims of torture. These funds would support 
a variety of assistance programs for torture victims, including 
physical and psychological rehabilitation services and legal 
aid.
    Section 3 would authorize appropriations of $11 million in 
2004, $12 million in 2005, and $13 million in 2006 for 
international programs for assistance for the rehabilitation of 
individual victims of torture and for professionals and 
organizations that provide treatment services to victims of 
torture, their families, and their communities.
    Section 4 would authorize appropriations of $6 million in 
2004, $7 million in 2005, and $8 million in 2006 for a 
contribution to the United Nations Voluntary Fund for Victims 
of Torture.

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    H.R. 1813 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would not affect the budgets of 
state, local, or tribal governments.

                         ESTIMATE PREPARED BY:

Federal Costs: International Affairs Programs--Joseph C. 
        Whitehill (226-2840); Domestic Programs--Michael D. 
        Carson (226-2820); Impact on State, Local, and Tribal 
        Governments--Melissa Merrell (225-3220); Impact on the 
        Private Sector--Paige Piper/Bach (226-2940)

                         ESTIMATE APPROVED BY:

Peter H. Fontaine
Deputy Assistant Director for Budget Analysis

                    Performance Goals and Objectives

    The funding objectives of H.R. 1813 (Sec. 2) are (1) to 
ensure the availability of treatment programs for torture 
survivors in the United States and contribute to their 
rehabilitation so that they may become productive members of 
our communities; (2) enable specialized treatment centers to 
train mainstream organizations and personnel in the specialized 
needs of torture victims (a multiplier effect); and (3) foster 
the expansion of treatment centers in the United States to 
areas where there are significant refugee and immigrant 
communities but currently no service providers.
    The funding objective H.R. 1813 (Sec. 3) is to facilitate 
crucial financial and technical support for the foreign 
treatment centers and programs to ensure their continuing 
operations and survival. U.S. Government support also gives the 
centers necessary political leverage when functioning in an 
unfriendly or indifferent environment. The legislation provides 
for support for foreign treatment centers, consistent with the 
United States' goal of promoting democracy and human rights. 
Foreign treatment centers (1) influence and train local heath 
care systems so that they become increasingly capable of 
providing services needed by torture victims; and (2) gather 
forensic evidence that can be used to improve the capabilities 
of the legal system to prove when and how torture has been used 
and to prosecute the perpetrators.
    The funding objective of H.R. 1813 (Sec. 4) is to 
facilitate crucial financial and technical support for foreign 
treatment centers and programs to ensure their continuing 
operations and survival. For some centers, receipt of funds 
directly from the United States would not be politically or 
otherwise feasible; funds allocated through the United Nations 
may ensure the existence of centers operating in such 
precarious circumstances. In addition, the allocation of some 
U.S. funds through the United Nations encourages others 
countries to make similar contributions to torture treatment 
centers.

                   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.

               Section-by-Section Analysis and Discussion

Section 1. Short Title
    This section contains a short title to the legislation, the 
``Torture Victims Relief Reauthorization Act of 2003.''
Section 2. Authorization of Appropriations for Domestic Treatment 
        Centers for Victims of Torture
    This section authorizes to be appropriated for the 
Department of Health and Human Services $20,000,000 for fiscal 
year 2004; $25,000,000 for fiscal year 2005; and $30,000,000 
for fiscal year 2006 for assistance relating to domestic 
centers and programs for the treatment of victims of torture.
Section 3. Authorization of Appropriations for Foreign Treatment 
        Centers for Victims of Torture
    This section authorizes to be appropriated through the 
Foreign Assistance Act 1961 to the President, $11,000,000 for 
fiscal year 2004; $12,000,000 for fiscal year 2005; and 
$13,000,000 for fiscal year 2006 for assistance relating to 
foreign centers and programs for the treatment of torture 
victims.
Section 4. Authorization of Appropriations for the United States 
        Contribution to the United Nations Voluntary Fund for Victims 
        of Torture
    This section authorizes to be appropriated through the 
Foreign Assistance Act 1961 to the President, $6,000,000 for 
fiscal year 2004; 7,000,000 for fiscal year 2005; and 
$8,000,000 for fiscal year 2006 for the voluntary contribution 
to the United Nations Voluntary Fund for Victims of Torture.

                        New Advisory Committees

    H.R. 1813 does not establish or authorize any new advisory 
committees.

                    Congressional Accountability Act

    H.R. 1813 does not apply to the legislative branch.

                            Federal Mandates

    H.R. 1813 provides no Federal mandates.

         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 
        1999 and 2000 pursuant to chapter 1 of part I of the 
        Foreign Assistance Act of 1961, there are authorized to 
        be appropriated to the President $5,000,000 for fiscal 
        year 1999 and $7,500,000 for fiscal year 2000 to carry 
        out section 130 of the Foreign Assistance Act of 1961 
        (as redesignated by section 6(a) of the Torture Victims 
        Relief Reauthorization Act of 1999).]
            (1) Authorization of appropriations.--Of the 
        amounts authorized to be appropriated for fiscal years 
        2004, 2005, and 2006 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, $12,000,000 for fiscal year 2005, and 
        $13,000,000 for fiscal year 2006.

           *       *       *       *       *       *       *


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 1999 and 2000, 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) $5,000,000 for fiscal 
        year 1999, and $7,500,000 for fiscal year 2000.]
            (1) Authorization of appropriations.--Of the 
        amounts authorized to be appropriated for the 
        Department of Health and Human Services for fiscal 
        years 2004, 2005, and 2006, 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, $25,000,000 for fiscal year 2005, and 
        $30,000,000 for fiscal year 2006.

           *       *       *       *       *       *       *