[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Page S5811]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6291. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:
        At the end of subtitle F of title XII, add the following:

     SEC. 1276. 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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