S.Amdt. 781

SA 781. Mr. KING (for himself, Mr. Menendez, and Mrs. Gillibrand)
submitted an amendment intended to be proposed by him to the bill S.
1790, to authorize appropriations for fiscal year 2020 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 E of title XII, add the following:

SEC. 1262. RESTRICTIONS ON EXPORT OF SURVEILLANCE TECHNOLOGY
AND RELATED SERVICES.

(a) Requirement for a License to Export Services Relating
to Biometric Information Systems.--
(1) In general.--Beginning on the date that is 180 days
after the date of the enactment of this Act, the President
shall require a license for the export of any training,
advice, or installation, integration, support, or other
services, related to a system--
(A) designed to identify, or verify the identity of, an
individual using biometric information; or
(B) used to collect, store, search, or operate on biometric
information.
(2) List required.--Not later than one year after the date
of the enactment of this Act, and annually thereafter, the
President shall submit to the appropriate congressional
committees a list of all licenses granted pursuant to
paragraph (1) during the year preceding the submission of the
report.
(b) Restriction on Export of Surveillance Technology to
China.--Digital surveillance equipment, technology, or
services may not be exported to the People's Republic of
China unless, not less than 15 days before the export to the
People's Republic of China of any such equipment, technology,
or service, the President determines and certifies to the
appropriate congressional committees that--
(1) the export of the equipment, technology, or service is
not detrimental to United States industry;
(2) the export of the equipment, technology, or service,
including any indirect benefit that could be derived from the
export of the equipment, service, or technology, will not
measurably improve the digital surveillance capabilities of
the Government of the People's Republic of China; and
(3) the export of the equipment, technology, or service
does not negatively affect the security of the United States.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--

[[Page S4100]]

(A) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Banking, Housing, and Urban
Affairs, the Committee on Commerce, Science, and
Transportation, and the Select Committee on Intelligence of
the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Energy and Commerce, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(2) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.

SEC. 1263. DISCLOSURES RELATING TO CONTRIBUTIONS TO
SURVEILLANCE CAPABILITIES OF PEOPLE'S REPUBLIC
OF CHINA.

The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.)
is amended by inserting after section 14B (15 U.S.C. 78n-2)
the following:

``SEC. 14C. DISCLOSURES RELATING TO CONTRIBUTIONS TO
SURVEILLANCE CAPABILITIES OF PEOPLE'S REPUBLIC
OF CHINA.

``Not later than one year after the date of the enactment
of this section, the Commission shall issue final rules to
require each issuer, in the annual report of the issuer
submitted under section 13 or section 15(d) or in the annual
proxy statement of the issuer submitted under section 14(a)--
``(1) to certify that the issuer has not exported any
equipment, technology, or service that could measurably
improve the digital surveillance capabilities of the
Government of the People's Republic of China, including
through any indirect benefit that could be derived from the
export of the equipment, service, or technology;
``(2) to disclose whether the issuer has willingly or
unwillingly provided any training, advice, or installation,
integration, support, or other services, related to a
system--
``(A) designed to identify, or verify the identity of, an
individual using biometric information; or
``(B) used to collect, store, search, or operate on
biometric information; and
``(3) to include a strategy to assure that the issuer will
not willingly or unwillingly provided any training, advice or
installation, integration, support, or other services related
to a system described in paragraph (2) that could measurably
improve the digital surveillance capabilities of the
Government of the People's Republic of China.''.
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