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S. 1846: Surveillance and free speech Protection Enhancement in Export controls for Censorship and Human rights Act of 2021


The text of the bill below is as of May 26, 2021 (Introduced).


II

117th CONGRESS

1st Session

S. 1846

IN THE SENATE OF THE UNITED STATES

May 26, 2021

(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.

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.

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.