[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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