[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2075 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 2075

 To amend the Foreign Assistance Act of 1961 to require information on 
the status of excessive surveillance and use of advanced technology to 
 violate privacy and other fundamental human rights be included in the 
           annual Country Reports on Human Rights Practices.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 2021

 Mr. Curtis (for himself, Mr. Malinowski, Mrs. Kim of California, Mr. 
Phillips, and Ms. Spanberger) introduced the following bill; which was 
              referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend the Foreign Assistance Act of 1961 to require information on 
the status of excessive surveillance and use of advanced technology to 
 violate privacy and other fundamental human rights be included in the 
           annual Country Reports on Human Rights Practices.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Advanced Technology 
Surveillance Accountability Act''.

SEC. 2. AMENDMENTS TO ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

    The Foreign Assistance Act of 1961 is amended as follows:
            (1) In section 116 (22 U.S.C. 2151n), by adding at the end 
        the following:
    ``(h) Status of Excessive Surveillance and Use of Advanced 
Technology.--
            ``(1) In general.--The report required by subsection (d) 
        shall include, wherever applicable, a description of the status 
        of surveillance and use of advanced technology to impose 
        arbitrary or unlawful interference with privacy, or unlawful or 
        unnecessary restrictions on freedom of expression, peaceful 
        assembly, association, or other internationally recognized 
        human rights in each country, including--
                    ``(A) whether the government of such country has 
                adopted and is enforcing laws, regulations, policies, 
                or practices relating to--
                            ``(i) government surveillance or 
                        censorship, including through facial 
                        recognition, biometric data collection, 
                        internet and social media controls, sensors, 
                        spyware data analytics, non-cooperative 
                        location tracking, recording devices, or other 
                        similar advanced technologies, and any 
                        allegations or reports that this surveillance 
                        or censorship was unreasonable;
                            ``(ii) extrajudicial searches or seizures 
                        of individual or private institution data; and
                            ``(iii) surveillance of any group based on 
                        political views, religious beliefs, ethnicity, 
                        or other protected category, in violation of 
                        equal protection rights;
                    ``(B) whether such country has imported or 
                unlawfully obtained biometric or facial recognition 
                data from other countries or entities and, if 
                applicable, from whom; and
                    ``(C) whether the government agency end-user has 
                targeted individuals, including through the use of 
                technology, in retaliation for the exercise of their 
                human rights or on discriminatory grounds prohibited by 
                international law, including targeting journalists or 
                members of minority groups.
            ``(2) Definitions.--In this subsection--
                    ``(A) the term `internet and social media controls' 
                means the arbitrary or unlawful imposition of 
                restrictions, by state or service providers, on 
                internet and digital information and communication, 
                such as through the blocking or filtering of websites, 
                social media platforms, and communication applications, 
                the deletion of content and social media posts, or the 
                penalization of online speech, in a manner that 
                violates rights to free expression or assembly; and
                    ``(B) the term `extrajudicial targeted 
                surveillance' means the use of technology to observe 
                the activities of individuals in a manner that 
                unlawfully or arbitrarily interferes with their 
                privacy, such as through physical monitoring or the 
                interception of digital communications.''.
            (2) In section 502B(b) (22 U.S.C. 2304(b))--
                    (A) by redesignating the second subsection (i) (as 
                added by section 1207(b)(2) of Public Law 113-4) as 
                subsection (j); and
                    (B) by adding at the end the following:
    ``(k) Status of Excessive Surveillance and Use of Advanced 
Technology.--The report required under subsection (b) shall include, 
wherever applicable, a description of the status of excessive 
surveillance and use of advanced technology to restrict human rights, 
including the descriptions of such policies or practices required under 
section 116(h).''.
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