S. 1846Senate117th Congress (2021-2023)In Committee

SPEECH Act of 2021

Introduced May 26, 2021

AI-Generated Summary

Updated February 8, 2026 at 3:38 AM UTC

The SPEECH Act of 2021 directs the Commerce Secretary, together with the State Department, intelligence officials, and other agencies, to review and potentially tighten U.S. export controls on items that have critical capabilities that could be used for human‑rights abuses. A review must be finished within 180 days of enactment, and within 60 days after that the agencies must decide whether new controls are needed. The bill applies to exporters, re‑exporters, and in‑country transfers of such items and seeks cooperation from other governments.

Key Provisions

  • Requires a review of items subject to export controls for crime‑control reasons, focusing on those that could enable human‑rights abuses, to be completed within 180 days.
  • Mandates that, within 60 days after the review, the Commerce Secretary may add export controls on additional items, especially those used for censorship, surveillance, internet restriction, biometric identification, or DNA sequencing.
  • Allows the Secretary to impose end‑use and end‑user restrictions when the exporter knows, or is informed, that the item will be used for human‑rights abuses.
  • Requires other federal agencies to cooperate with the Commerce Secretary in carrying out the review and controls.
  • Calls for the United States to seek similar export‑control measures from foreign governments.
  • Amends the Export Control Reform Act of 2018 to add “serious human rights abuses” as a reason for control.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

May 26, 2021

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SenateIntro Referral

Introduced in Senate

May 26, 2021

SenateIntro Referral

Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

May 26, 2021

Floor Debate

2 members

What members said about S. 1846 on the floor

2 Democrats
Tim Kaine
Sen. Tim KaineD-VA · May 26, 2021

Mr. President, amid high unemployment rates across the Country exacerbated by the COVID-19 pandemic, businesses continue to face challenges in hiring the skilled workers they need to grow and thrive.…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · May 26, 2021

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

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Introduced in SenateIssued May 26, 2021

II

117th CONGRESS

1st Session

S. 1846

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.

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.