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110th Congress                                            Rept. 110-103
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

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



 
           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.

           *       *       *       *       *       *       *