[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1846 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1846

 To require a review and controls on the export of items with critical 
              capabilities to enable human rights abuses.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2021

    Mr. Cornyn (for himself, Mr. Casey, Mr. Warner, and Mr. Rubio) 
introduced the following bill; which was read twice and referred to the 
            Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 To require a review and controls on the export of items with critical 
              capabilities to enable human rights abuses.

    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 ``Surveillance and free speech 
Protection Enhancement in Export controls for Censorship and Human 
rights Act of 2021'' or the ``SPEECH Act of 2021''.

SEC. 2. REVIEW AND CONTROLS ON EXPORT OF ITEMS WITH CRITICAL 
              CAPABILITIES TO ENABLE HUMAN RIGHTS ABUSES.

    (a) Statement of Policy.--It is the policy of the United States to 
use export controls to the extent necessary to further the protection 
of internationally recognized human rights.
    (b) Review of Items With Critical Capabilities To Enable Human 
Rights Abuses.--Not later than 180 days after the date of the enactment 
of this Act, and as appropriate thereafter, the Secretary, in 
coordination with the Secretary of State, the Director of National 
Intelligence, and the heads of other Federal agencies as appropriate, 
shall conduct a review of items subject to controls for crime control 
reasons pursuant to section 742.7 of the Export Administration 
Regulations.
    (c) Controls.--In furtherance of the policy set forth in subsection 
(a), not later than 60 days after completing the review required by 
subsection (b), the Secretary, in coordination with the heads of other 
Federal agencies as appropriate, shall determine whether additional 
export controls are needed to protect human rights, including whether--
            (1) controls for crime control reasons pursuant to section 
        742.7 of the Export Administration Regulations should be 
        imposed on additional items, including items with critical 
        capabilities to enable human rights abuses involving--
                    (A) censorship or social control;
                    (B) surveillance, interception, or restriction of 
                communications;
                    (C) monitoring or restricting access to or use of 
                the internet;
                    (D) identification of individuals through facial or 
                voice recognition or biometric indicators; or
                    (E) DNA sequencing; or
            (2) end-use and end-user controls should be imposed on the 
        export, reexport, or in-country transfer of certain items with 
        critical capabilities to enable human rights abuses that are 
        subject to the Export Administration Regulations if the person 
        seeking to export, reexport, or transfer the item has 
        knowledge, or the Secretary determines and so informs that 
        person, that the end-user or ultimate consignee will use the 
        item to enable human rights abuses.
    (d) Cooperation of Other Agencies.--Upon request from the 
Secretary, the head of a Federal agency shall provide full support and 
cooperation to the Secretary in carrying out this section.
    (e) International Coordination on Controls To Protect Human 
Rights.--It shall be the policy of the United States to seek to secure 
the cooperation of other governments to impose export controls that are 
consistent, to the extent possible, with the controls imposed under 
this section.
    (f) Conforming Amendment.--Section 1752(2)(A) of the Export Control 
Reform Act of 2018 (50 U.S.C. 4811(2)(A)) is amended--
            (1) in clause (iv), by striking ``; or'' and inserting a 
        semicolon;
            (2) in clause (v), by striking the period and inserting ``; 
        or''; and
            (3) by adding at the end the following:
                            ``(vi) serious human rights abuses.''.
    (g) Definitions.--In this section:
            (1) End-user; knowledge; ultimate consignee.--The terms 
        ``end-user'', ``knowledge'', and ``ultimate consignee'' have 
        the meanings given those terms in section 772.1 of the Export 
        Administration Regulations.
            (2) Export; export administration regulations; in-country 
        transfer; item; reexport.--The terms ``export'', ``Export 
        Administration Regulations'', ``in-country transfer'', 
        ``item'', and ``reexport'' have the meanings given those terms 
        in section 1742 of the Export Control Reform Act of 2018 (50 
        U.S.C. 4801).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
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