[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Page S8050]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.
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