,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fihf ,,in ,,the ,,house ,,of ,,representatives ,may #bb1 #bjbj,mr4 ,mc,govern 7for himself1 ,mrs4 ,wagner1 ,mr4 ,malinowski1 ,mr4 ,fitzpatrick1 ,mr4 ,bilirakis1 and ,mr4 ,raskin7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs ,a ,,bill ,to encourage the protection and promotion of internationally recognized human rights during the novel coronavirus pandemic1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,human ,rights ,during ,pandemic ,act4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the ,united ,states led the drafting of the ,universal ,declaration of ,human ,rights1 which enshrines the commitment of countries around the world to the protection and promotion of universal human rights and values that are indispensable for human dignity1 including the rights to life1 liberty1 security of person1 freedom of movement1 religion1 speech1 peaceful assembly1 association1 freedom of expression and the press1 and freedom from arbitrary detention1 discrimination1 or invasion of privacy4 7#b7 ,authorities in more than #hc countries1 including the ,united ,states1 have declared states of emergency and restricted the movement of people due to the threat of the novel coronavirus1 which causes ,,covid-#ai1 and which the ,world ,health ,organization designated a global pandemic on ,march #aa1 #bjbj4 7#c7 ,during public health emergencies1 it may be necessary and appropriate for governments to take extraordinary action to halt the spread of disease through steps such as restricting the movement of people1 closing businesses1 and limiting access to public spaces4 7#d7 ,states are legally obligated to continue to protect the human rights of their citizens at all times1 subject to the principles of limitation and derogation1 even and especially during national emergencies4 7#e7 ,in many countries with ,,covid-#ai cases1 governments have taken steps that violate the human rights of their citizens without clear scientific or public health justifications1 or any end date or functional oversight4 7#f7 ,in some countries1 including ,china and ,russia1 governments are using existing and emerging surveillance technologies1 including artificial intelligence and facial recognition software1 without appropriate safeguards1 which violates the human rights of their citizens1 such as the rights to privacy and freedom of movement1 while claiming such actions are necessary to combat the novel coronavirus4 7#g7 ,in some countries1 including ,azerbaijan1 ,el ,salvador1 ,hungary1 ,kazakhstan1 and the ,philippines1 governments with a history of repressing human rights are exploiting the current crisis to consolidate power1 sideline representative legislative bodies1 and silence criticism4 7#h7 ,in several countries1 including ,algeria1 ,azerbaijan1 ,belarus1 ,cambodia1 ,china1 ,egypt1 ,honduras1 ,hungary1 ,iran1 ,jordan1 ,russia1 ,south ,africa1 ,tajikistan1 ,thailand1 the ,philippines1 ,turkey1 ,turkmenistan1 ,venezuela1 and ,zimbabwe1 governments have restricted the ability of journalists and other individuals to distribute or publish information related to the novel coronavirus1 including by imposing criminal penalties1 which violates the universal human rights of free speech and freedom of the press1 and limits people's access to information4 7#i7 ,governments in countries with a history of discrimination against minority populations1 including ,india and ,uganda1 have used the novel coronavirus pandemic response to further discriminate against vulnerable populations4 7#aj7 ,actions taken by foreign governments1 under the guise of the coronavirus1 that weaken democratic institutions and restrict internationally recognized human rights1 contrary to the principles of limitation and derogation1 pose a threat to the health1 economic1 and national security interests of the ,united ,states4 #c4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,united ,states should lead the international community in its efforts to respond to the novel coronavirus pandemic2 7#b7 the ,united ,states1 in implementing emergency policies at home and through its diplomacy and foreign assistance abroad1 should promote the protection of internationally recognized human rights during and after the coronavirus pandemic2 7#c7 the ,department of ,state and the ,united ,states ,agency for ,international ,development 7referred to in this ,act as ,,usaid7 should provide assistance and implement programs1 directly or through nongovernmental organizations or international organizations1 that-- 7,a7 support democratic institutions1 civil society1 free media1 and other internationally recognized human rights during1 and in the aftermath of1 the novel coronavirus pandemic2 and 7,b7 ensure attention to countries in which the government's response to the pandemic violated human rights and democratic norms2 and 7#d7 in implementing emergency policies in response to the novel coronavirus pandemic-- 7,a7 governments should fully respect and comply with internationally recognized human rights1 including the rights to life1 liberty1 and security of the person1 the freedoms of movement1 religion1 speech1 peaceful assembly1 association1 freedom of expression and of the press1 and the freedom from arbitrary detention1 discrimination1 or invasion of privacy2 7,b7 emergency restrictions or powers that impact internationally recognized human rights1 including the rights to freedom of assembly1 association1 and movement should be-- 7i7 narrowly tailored1 proportionate1 and necessary to the government's legitimate goal of ending the pandemic2 7ii7 limited in duration2 7iii7 clearly communicated to the population2 7iv7 subject to independent government oversight2 and 7v7 implemented in a nondiscriminatory and fully transparent manner2 7,c7 governments-- 7i7 should not place any limits or other restrictions on1 or criminalize1 the free flow of information2 and 7ii7 should make all efforts to provide and maintain open access to the internet and other communications platforms2 7,d7 emergency measures should not discriminate against any segment of the population1 including minorities1 vulnerable individuals1 and marginalized groups2 7,e7 monitoring systems put in place to track and reduce the impact of the novel coronavirus should1 at a minimum-- 7i7 abide by privacy best practices involving data anonymization and aggregation2 7ii7 be administered in an open and transparent manner2 7iii7 be scientifically justified and necessary to limit the spread of disease2 7iv7 be employed for a limited duration of time in correspondence with the system's public health objective2 7v7 be subject to independent oversight2 7vi7 incorporate reasonable data security measures2 and 7vii7 be firewalled from other commercial and governmental uses1 such as law enforcement and the enforcement of immigration policies2 and 7,f7 governments should take every feasible measure to protect the administration of free and fair elections4 #d4 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to encourage the protection and promotion of internationally recognized human rights at home and abroad at all times and especially during the novel coronavirus pandemic2 7#b7 to support freedom of expression and freedom of the press in the ,united ,states and elsewhere1 which freedoms are critical to ensuring public dissemination of1 and access to1 accurate information about the novel coronavirus pandemic1 including information authorities need to enact science-based policies that limit the spread and impact of the virus1 while protecting human rights2 7#c7 to support multilateral efforts to address the novel coronavirus pandemic2 and 7#d7 to oppose the use of the novel coronavirus pandemic as a justification for the enactment of laws and policies that use states of emergency to violate or otherwise restrict the human rights of citizens1 inconsistent with the principles of limitation and derogation1 and without clear scientific or public health justifications1 including the coercive1 arbitrary1 disproportionate1 or unlawful use of surveillance technology4 #e4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,committee on ,appropriations of the ,senate2 7,c7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,d7 the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,internationally recognized human rights ,the term internationally recognized human rights means-- 7,a7 the human rights enshrined in the ,universal ,declaration of ,human ,rights1 including the rights to life1 liberty1 security of person1 the freedom of movement1 religion1 speech1 peaceful assembly1 association1 freedom of expression and the press1 the freedom from arbitrary detention1 discrimination1 or invasion of privacy2 and 7,b7 all other rights indispensable for human dignity4 #f4 ,funding for programs and countries 7a7 ,program priorities ,amounts appropriated pursuant to section #i may be made available for fiscal years #bjbj through #bjbe1 to carry out the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq471 including programs to support democratic institutions1 freedom of the press1 civil society1 and human rights defenders in countries where government measures taken in response to the novel coronavirus pandemic1 including emergency measures1 violated or seriously undermined internationally recognized human rights according to the principles set forth in section #c7d74 ,programs carried out under this subsection shall be designed-- 7#a7 to strengthen and support all internationally recognized human rights1 freedom of the press1 human rights defenders1 and civil society2 and 7#b7 to restore and strengthen democratic institutions4 7b7 ,strategy 7#a7 ,initial strategy ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary of ,state and the ,administrator of ,,usaid shall jointly submit an initial strategy for carrying out the programs referred to in subsection 7a7 to the appropriate congressional committees4 7#b7 ,strategic plan ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state and the ,administrator of ,,usaid shall submit a #e-year strategic plan to the appropriate congressional committees that lays out the steps the ,department of ,state and ,,usaid will take1 through diplomacy and foreign assistance1 to address the persistent issues related to internationally recognized human rights in the aftermath of the novel coronavirus response1 including identifying the resources necessary to implement such strategic plan4 7c7 ,conditioning of security sector assistance ,section #ejb;,b7a77#d7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcjd7 is amended-- 7#a7 in subparagraph 7,a71 by striking or at the end2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7,c7 has engaged in the systematic violation of internationally recognized human rights through the use of emergency laws1 policies1 or administrative procedures4 4 #g4 ,reporting requirements 7a7 ,initial report ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,state shall publish on the ,department of ,state website1 and submit to the appropriate congressional committees1 a report that describes-- 7#a7 for each country and territory included in the annual ,country ,reports on ,human ,rights ,practices1 whether and how each country or territory has adhered to the principles set forth in section #c7d7 in responding to the novel coronavirus pandemic2 7#b7 with regard to each country in which the response to the novel coronavirus pandemic violated or seriously undermined internationally recognized human rights in a manner inconsistent with the principles of limitation and derogation1 a description of-- 7,a7 the actions of the ,united ,states ,government to address such restrictions through diplomacy and the use of foreign assistance2 and 7,b7 any efforts made by each country to respond to and resolve such human rights concerns2 7#c7 with regard to each country in which the response to the coronavirus pandemic violated or seriously undermined internationally recognized human rights1 a description of the impact of noncompliant policies on-- 7,a7 the population's access to health care services2 7,b7 the population's access to services for survivors of violence and abuse2 7,c7 women and ethnic1 religious1 sexual1 and other minority1 vulnerable1 or marginalized populations2 and 7,d7 the government's efforts and ability to control the pandemic2 7#d7 whether any foreign person or persons within a country have been determined to have committed gross violations of internationally recognized human rights during the novel coronavirus pandemic response1 including any sanctions imposed on such persons in accordance with ,united ,states law2 7#e7 actions taken by the ,global ,engagement ,center established under section #abhg of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7#bb ,u4,s4,c4 #bfef note7 to counter disinformation related to the novel coronavirus pandemic2 and 7#f7 the ,united ,states ,government's efforts around the world-- 7,a7 to counter disinformation related to the novel coronavirus pandemic2 and 7,b7 to disseminate accurate information about the pandemic4 7b7 ,monthly reports ,not later than #cj days after the publication of the report required under subsection 7a71 and monthly thereafter until the date that is #fj days after the date on which the ,world ,health ,organization declares that the novel coronavirus pandemic has ended1 the ,department of ,state and the ,united ,states ,agency for ,international ,development shall provide1 to the appropriate congressional committees-- 7#a7 a briefing containing updates on any new developments related to issues covered in the report published under subsection 7a72 and 7#b7 a list of the countries that have removed coronavirus-related emergency restrictions impacting internationally recognized human rights1 including details regarding the restrictions that were removed4 7c7 ,final report ,not later than #ij days after the date on which the ,world ,health ,organization declares that the novel coronavirus pandemic has ended1 the ,secretary of ,state shall submit a report to the appropriate congressional committees that-- 7#a7 lists the countries whose emergency measures or other legal actions limiting internationally recognized human rights in a manner inconsistent with the principles of limitation and derogation extended beyond the end of the pandemic2 7#b7 describes such countries' emergency measures1 including-- 7,a7 how such procedures violate or seriously undermine internationally recognized human rights2 and 7,b7 an analysis of the impact of such measures on-- 7i7 the government's efforts and ability to control the pandemic within the country2 7ii7 the population's access to health care services2 7iii7 the population's access to services for survivors of violence and abuse2 and 7iv7 women and ethnic1 religious1 sexual1 and other minority1 vulnerable1 or marginalized populations2 7#c7 describes-- 7,a7 any surveillance measures implemented or utilized by the governments of such countries as part of the novel coronavirus pandemic response2 7,b7 the extent to which such measures have been1 or have not been1 rolled back2 and 7,c7 whether and how such measures impact internationally recognized human rights2 and 7#d7 indicates whether any foreign person or persons within a country have been determined to have committed gross violations of internationally recognized human rights during the novel coronavirus pandemic response1 including a description of any resulting sanctions imposed on such persons under ,united ,states law4 #h4 ,country reports on human rights practices 7a7 ,in general ,section #aaf7;f77#a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean7f77#a77 is amended-- 7#a7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7#b7 by inserting after subparagraph 7,b7 the following3 7,c7 ,a description of-- 7i7 any misuse by the government of such country of any emergency powers2 7ii7 any failure by the government of such country-- 7,i7 to state the specific duration of the powers referred to in clause 7i72 7,,ii7 to clearly articulate the purposes of such powers2 or 7,,iii7 to notify the ,united ,nations regarding the use of such powers1 as required by applicable treaty2 7iii7 any failure by the government of such country-- 7,i7 to abide by the stated purposes of the powers referred to in clause 7i72 or 7,,ii7 to cease the use of such powers after any specified term expires2 7iv7 any violations by the government of such country of non-derogable rights2 7v7 any discriminatory implementation by such government of the powers referred to in clause 7i72 7vi7 the impact of such powers on the access of the people of such country to health care services2 and 7vii7 any development and proliferation of surveillance technologies in such country1 including new or emerging technologies used by the government of such country in the surveillance of civilian populations in ways that are inconsistent with the standards described in section #c7d77;,e77i7 through 7vii7 of the ,protecting ,human ,rights ,during ,pandemic ,act4 4 7b7 ,human rights report 7#a7 ,in general ,section #ejb;,b7b7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcjd7;b77 is amended by inserting ,each report under this section shall include the information described in section #aaf7;f77#a77;,c74 after the ,secretary of ,state44 7#b7 ,briefing ,the ,assistant ,secretary of ,state for ,democracy1 ,human ,rights1 and ,labor shall be available to brief the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives regarding the annual ,country ,reports on ,human ,rights ,practices during the #ij-;day period beginning on the date on which the reports are released4 #i4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out-- 7#a7 the strategy described in section #f7;b77#a72 7#b7 the #e-year strategic plan described in section #f7;b77#b72 and 7#c7 the reporting requirements set forth in section #g4