text: 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).
target: Implements of Torture Export Control Act of 2004 - Prohibits the Secretary of Commerce from approving crime control and detection instruments and equipment for export (except to any North Atlantic Treaty Organization (NATO) member or major non-NATO ally) unless pursuant to an individual export license.
  
  Prohibits the Secretary from approving the export of such instruments, and any equipment especially susceptible to abuse as implements of torture, to any country if its government, or any group supported by or acting on behalf of that government, has repeatedly engaged in acts of torture during the 12-month period preceding the date of the application to export the item.
  
  Authorizes the Secretary, notwithstanding such prohibitions, to approve the export of any such item if the Secretary of State determines that the end user has not engaged in acts of torture.
  
  Prohibits the export to all destinations of: (1) any leg irons, handcuffs, and thumbcuffs with 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; and (6) components produced for incorporation into these items and the technology used for the development or production of these items.
  
  Requires the Secretary shall establish and publish in the Federal Register a list of crime control and detection instruments, and equipment especially susceptible to abuse as implements of torture.
  
  Requires the Secretary to: (1) ensure that all appropriate agency heads are fully consulted before an individual export license for such an item is granted; and (2) approve or deny an export license application for such instruments or equipment only in concurrence with the recommendations of the Secretary of State.
feat_title: To provide authority to prevent human rights violations by controlling certain exports, and for other purposes.