[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S5063]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2829. Mr. CORNYN (for himself and Mr. Casey) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 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. 1291. REVIEW OF EXPORT CONTROLS ON 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) Report Required.--
(1) In general.--In furtherance of the policy set forth in
subsection (a), not later than 180 days after completing the
review required by subsection (b), the Secretary, in
coordination with the heads of other Federal agencies as
appropriate, shall submit to the appropriate congressional
committees a report on whether additional export controls are
needed to protect human rights.
(2) Elements.--The report required by paragraph (1) shall
include consideration of--
(A) whether 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--
(i) censorship or social control;
(ii) surveillance, interception, or restriction of
communications;
(iii) monitoring or restricting access to or use of the
internet;
(iv) identification of individuals through facial or voice
recognition or biometric indicators; or
(v) DNA sequencing;
(B) whether 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;
and
(C) the effects of multilateral cooperation with other
governments on implementing controls described in
subparagraphs (A) and (B).
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs of
the Senate; and
(B) the Committee on Financial Services of the House of
Representatives.
(2) 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.
(3) 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).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
______