[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3541 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3541
To provide authority to prevent human rights violations by controlling
certain exports, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 20, 2003
Mr. Lantos introduced the following bill; which was referred to the
Committee on International Relations
_______________________________________________________________________
A BILL
To provide authority to prevent human rights violations by controlling
certain exports, and for other purposes.
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 ``Implements of Torture Export Control
Act of 2004''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In 1984, the United Nations General Assembly adopted
the Convention Against Torture and Other Cruel, Inhuman, or
Degrading Treatment or Punishment. The United States ratified
the Convention in 1994, which defines torture as acts
deliberately perpetrated by or with the approval of government
officials, which are designed to inflict extreme physical or
psychological suffering.
(2) Torture has devastating, long-term consequences, not
only for survivors, but also for their families, friends, and
communities. Survivors' relationships with others suffer
greatly because of the distrust and sense of alienation from
humanity that the torture has engendered.
(3) Amnesty International reports that there are over 117
countries in the world which engage in or condone torture. It
is estimated that over 500,000 victims of foreign governmental
torture live in the United States.
(4) Mechanical restraints, such as handcuffs, leg irons,
shackles, and thumbcuffs, are some of the most widely used
security devices; they are also widely abused as implements of
torture.
(5) Equipment designed for legitimate law enforcement
purposes can be misused to suppress freedom and commit human
rights violations, particularly in countries where police
authorities are used to monitor and harass human rights
activists, opposition political figures, and others and where
there are political or free expression ``crimes''.
(6) Many devices intended for crime control purposes, such
as electro-shock discharge devices, are especially susceptible
to abuse as implements of torture.
SEC. 3. DEFINITIONS.
In this Act:
(1) Major non-nato allies.--The term ``major non-NATO
ally'' means any country designated as a major non-Nato ally
under section 517 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321k).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(3) Act of torture.--The term ``act of torture'' means any
act committed by a person acting under the color of law that is
specifically intended to inflict severe physical or mental pain
or suffering (other than pain or suffering incidental to a
lawful sanction) upon another person within the custody or
physical control of the person performing the act.
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations of the House and the Committee on
Foreign Relations and the Committee on Banking, Housing and
Urban Affairs of the Senate.
SEC. 4. LICENSING OF CRIME CONTROL EQUIPMENT.
(a) In General.--Except as provided in subsection (b), crime
control and detection instruments and equipment shall not be approved
for export by the Secretary except pursuant to an individual export
license.
(b) Exception.--Subsection (a) shall not apply to exports to any
country that is a member of the North Atlantic Treaty Organization or
is a major non-NATO ally.
SEC. 5. LIMITATION ON EXPORTS.
(a) In General.--
(1) Country restriction.--The Secretary shall not approve
the export to a country of the following items if the
government of that country, or any group supported by or acting
on behalf of that government, as determined by the Secretary of
State, has repeatedly engaged in acts of torture:
(A) Crime control and detection instruments.
(B) Equipment especially susceptible to abuse as
implements of torture.
(2) Determination by the secretary of state.--The Secretary
may not permit the export to any country of any item to which
paragraph (1) applies unless and until the Secretary of State
determines that the government of that country, and, if
applicable, any group supported by or acting on behalf of that
government, has not repeatedly engaged in acts of torture for
the 12-month period preceding the date of the application to
export the item.
(b) End-User Exception.--Notwithstanding subsection (a), the
Secretary, with the concurrence of the Secretary of State, may approve
the export of any item to which subsection (a) applies if the Secretary
of State determines that the end user of the item proposed for export
has not engaged in acts of torture.
(c) Notification.--
(1) Determinations under subsection (a)(2).--The Secretary
of State shall, not later than 5 days after a determination
under subsection (a)(2) is made, report that determination to
the appropriate congressional committees.
(2) Licenses under subsection (b).--If an export license is
approved under subsection (b), the Secretary and the Secretary
of State shall, within 5 days after the granting of the export
license, notify the appropriate congressional committees of the
identity of the end-user and the determination made by the
Secretary of State under that subsection with respect to the
end user.
SEC. 6. PROHIBITION ON EXPORT.
Notwithstanding any other provision of this Act, the export of the
following items shall be prohibited to all destinations:
(1) Any leg irons, handcuffs, and thumbcuffs that have
sharp or serrated edges.
(2) Saps, blackjacks, brass knuckles, and other easily
concealed devices designed to administer severe blows to the
body.
(3) Electroshock stun belts.
(4) Items specially designed as implements of torture.
(5) Batons or clubs fitted with spikes or other hard
protuberances.
(6) Components produced for incorporation into these items
and the technology used for the development or production of
these items.
SEC. 7. ESTABLISHMENT OF CONTROL LIST.
The Secretary shall establish and maintain, with the concurrence
of the Secretary of State, a list of--
(1) crime control and detection instruments; and
(2) equipment especially susceptible to abuse as implements
of torture.
The Secretary shall publish the list in the Federal Register.
SEC. 8. EXPORT LICENSE REVIEW.
(a) Consultation.--In addition to the Secretary of State, the
Secretary shall ensure that the head of all appropriate agencies are
fully consulted before an individual export license is granted under
section 4.
(b) Role of Secretary of State.--
(1) Review of license.--Any determination by the Secretary
to approve or deny an export license application to export
crime control or detection instruments or equipment shall be
made in concurrence with the recommendations of the Secretary
of State.
(2) Review within the department of state.--The Secretary
of State shall ensure that the responsible official of the
Bureau of Democracy, Human Rights and Labor is fully involved
in reviewing proposed export licenses under paragraph (1).
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