H. Rept. 108-261 - TORTURE VICTIMS RELIEF REAUTHORIZATION ACT OF 2003108th Congress (2003-2004)
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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.
* * * * * * *