S.Amdt. 3496

This amendment, submitted by Mr. Van Hollen and Mrs. Blackburn, aims to add new sections to bill S. 2296 regarding foreign commercial spyware.

The amendment seeks to add the following to the bill:

• Sense of Congress and Policy: It expresses that while there is a national security need for cyber intrusion capabilities for things like counterterrorism, the commercial spyware market poses risks to U.S. national security and is used by state and non-state actors to target civil society groups, journalists, and human rights defenders. The U.S. policy would be to oppose this misuse and work with allies, partners, and private industry to create guardrails and prevent the export of these tools to malicious users.

• Visa Restrictions: It allows the Secretary of State to implement visa restrictions for aliens who are believed to be knowingly involved in misusing foreign commercial spyware to harass or surveil individuals, including journalists, human rights defenders, and ethnic or religious minority groups. Restrictions also apply to those who facilitate or make money from this misuse. These restrictions can be waived if the Secretary determines it is in the national security interests of the United States.

• Annual Reporting: It requires the Secretary of State to submit a classified annual report to congressional committees. This report must describe incidents where foreign governments or officials used commercial spyware to monitor or harass U.S. officials or human rights defenders. The report must include details such as the identity of the responsible parties, the targets, the specific spyware used, those benefiting financially, and the connection to human rights violations.