S.Amdt. 4539

SA 4539. Mr. WARNER submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
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. 1264. ANNUAL REPORT ON SURVEILLANCE SALES TO REPRESSIVE
GOVERNMENTS.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter until
2040, the Secretary of State, in coordination with the
Director of National Intelligence and the Secretary of
Defense, shall submit to the Committee on Foreign Relations
and the Select Committee on Intelligence of the Senate and
the Committee on Foreign Affairs and the Permanent Select
Committee on Intelligence of the House of Representatives a
report with respect to foreign persons that the Secretary of
State determines--
(1) have operated, sold, leased, or otherwise provided,
directly or indirectly, items or services related to targeted
digital surveillance with knowledge of, or disregard for,
potential human rights concerns to--
(A) a foreign government or entity located primarily inside
a foreign country where a reasonable person would assess that
such transfer could result in a use of the items or services
in a manner contrary to human rights; or
(B) a country including any governmental unit thereof,
entity, or other person determined by the Secretary of State
in a notice published in the Federal Register to have used
items or services for targeted digital surveillance in a
manner contrary to human rights; or
(2) have materially assisted, sponsored, or provided
financial, material, or technological support for, or items
or services to or in support of, the activities described in
paragraph (1).
(b) Matters to Be Included.--Each report required by
subsection (a) shall include the following for the preceding
one-year period:
(1) The name of each foreign person with respect to which
the Secretary has made a determination under paragraph (1) or
(2) of subsection (a).
(2) The name of each intended and actual recipient of items
or services described in subsection (a).
(3) A detailed description of such items or services.
(4) An identification of such items and services that could
provide the Government of the People's Republic of China with
a critical capability to suppress basic human rights,
including items and services that provide the capability--
(A) to conduct surveillance;
(B) to monitor and restrict an individual's movement;
(C) to monitor and restrict access to the internet; or
(D) to identify individuals through facial or voice
recognition.
(5) An analysis of whether the inclusion of the persons
named under paragraph (1) on the entity list maintained by
the Bureau of Industry and Security is appropriate.
(c) Consultation.--In compiling data and making assessments
for the purpose of preparing a report required by subsection
(a), the Secretary of State shall consult with a wide range
of organizations, including with respect to--
(1) classified and unclassified information provided by the
Director of National Intelligence;
(2) information provided by the Bureau of Democracy, Human
Rights, and Labor's Internet Freedom, Business and Human
Rights section;
(3) information provided by the Department of Commerce,
including the Bureau of Industry and Security;
(4) information provided by the advisory committees
established by the Secretary of State to advise the Under
Secretary of Commerce for Industry and Security on controls
under the Export Administration Regulations, including the
Emerging Technology and Research Advisory Committee; and
(5) information on human rights and technology matters, as
solicited from civil society and human rights organizations
through regular consultation processes; and
(6) information contained in the country reports on human
rights practices published annually by the Department of
State.
(d) Form.--Each report required by subsection (a) shall be
submitted in unclassified form and may include a classified
annex.
(e) Public Availability.--Not later than 14 days after the
date on which each report required by subsection (a) is
submitted to Congress, the President shall post the report on
a text-based, searchable, and publicly available internet
website.
(f) Definitions.--In this section:
(1) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(2) In a manner contrary to human rights.--The term ``in a
manner contrary to human rights'', with respect to targeted
digital surveillance, means engaging in targeted digital
surveillance--
(A) in violation of basic human rights, including to
silence dissent, sanction criticism, punish independent
reporting (and sources for that reporting), manipulate or
interfere with democratic or electoral processes, persecute
minorities or vulnerable groups, or target advocates or
practitioners of human rights and democratic rights
(including activists, journalists, artists, minority
communities, or opposition politicians); or
(B) in a country lacking a minimum legal framework
governing the use of targeted digital surveillance, including
established--
(i) authorization under laws that are accessible, precise,
and available to the public;
(ii) constraints limiting the use of targeted digital
surveillance under principles of necessity, proportionality,
and legitimacy;
(iii) oversight by entities independent of the government's
executive agencies;
(iv) involvement of an independent and impartial judiciary
branch in authorizing the use of targeted digital
surveillance; or
(v) legal remedies in case of abuse.
(3) Targeted digital surveillance.--The term ``targeted
digital surveillance'' means the use of items or services
that enable an individual or entity to detect, monitor,
intercept, collect, exploit, preserve, protect, transmit,
retain, or otherwise gain access to the communications,
protected information, work product, browsing data, research,
identifying information, location history, or online and
offline activities of other individuals, organizations, or
entities, with or without the explicit authorization of such
individuals, organizations, or entities.
______