[Congressional Record Volume 165, Number 148 (Monday, September 16, 2019)]
[Extensions of Remarks]
[Page E1153]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    INTRODUCTION OF THE TRANSNATIONAL REPRESSION ACCOUNTABILITY AND 
                   PREVENTION ACT OF 2019 (TRAP ACT)

                                 ______
                                 

                         HON. ALCEE L. HASTINGS

                               of florida

                    in the house of representatives

                       Monday, September 16, 2019

  Mr. HASTINGS. Madam Speaker, as Chairman of the U.S. Helsinki 
Commission--a congressional watchdog for human rights and democracy in 
Europe and Eurasia--I am frequently reminded of the new opportunities 
that technology and globalization present for human rights defenders 
around the globe. For those struggling to defend their liberty and 
human dignity, our interconnected world brings with it the possibility 
of sharing information, coordinating action, and demonstrating 
solidarity across thousands of miles in fractions of a second. It means 
that truth is more capable of piercing the veil of enforced ignorance 
erected by the world's most repressive states Technology also further 
empowers dissidents in exile to connect with, and influence the foot 
soldiers of freedom who march on in their homelands.
  But with these new openings for liberty come novel approaches to 
repression. Authoritarian and autocratic regimes are appropriating 
agile, 21st century technology to prop up sclerotic systems of 
brutality and corruption. Technological developments have provoked 
greater feelings of insecurity in these brittle regimes and propelled 
them to extend their repression far beyond their borders, sometimes 
reaching into the refuge of democratic societies where political 
opponents, independent journalists, and civil society activists operate 
in safety.
  Madam Speaker, I recently introduced bipartisan legislation to tackle 
these emerging challenges with my friend and Helsinki Commission 
Ranking Member, Representative Joe Wilson of South Carolina We are 
confident that this legislation, supported by the bicameral leadership 
of the Helsinki Commission and other leaders on human rights, will 
place the United States on course to lead the free world in holding the 
line against these modern manifestations of political persecution, or 
what some have called ``transnational repression.'' The Transnational 
Repression Accountability and Prevention Act--or TRAP Act--is designed 
to counter one key instrument in the autocrat's 21st century toolkit 
politically-motivated abuse of the International Criminal Police 
Organization, more commonly known as INTERPOL.
  INTERPOL is a legitimate and potent tool for international law 
enforcement cooperation--one that the United States relies on heavily 
to bring criminals to justice and thwart threats to security around the 
globe. Sadly, autocrats have recognized the potential for repression in 
INTERPOL's worldwide communications system that ties into the law 
enforcement agencies of its 194 member countries.
  The Helsinki Commission regularly receives credible reports from 
human rights defenders, journalists, political activists, and 
businesspeople who have fallen victim to the efforts of corrupt regimes 
to ensnare them using INTERPOL's system of international requests for 
arrest and extradition, known as Red Notices and Diffusions. These are 
the modern-day ``traps'' addressed by the TRAP Act. Because of these 
notices, innocent individuals live in fear of traveling mternationally 
and have been detained, had their bank accounts closed, and, sometimes, 
been returned into the hands of the very regimes from which they 
escaped.
  Madam Speaker, our legislation opens three new fronts agamst the 
threat of INTERPOL abuse. First, it clearly states that it is the 
policy of the United States to use our influence in INTERPOL to advance 
specific reforms that increase transparency and accountability for 
those that abuse the system while helping the organization to live up 
to its stated obligations to uphold international human rights 
standards and resist politicization It further establishes that the 
United States will use its diplomatic clout to confront countries that 
abuse INTERPOL and work to ensure the freedom of movement and ability 
to engage in lawful commerce of victims of this abuse the world over.
  Second, the TRAP Act exerts oversight over the United States' 
internal mechanisms to identify, challenge, and respond to instances of 
INTERPOL abuse. The bill requires the Departments of Justice, Homeland 
Security, and State--in coordination with other relevant agencies--to 
submit to Congress an assessment of the scope and seriousness of 
autocratic abuse of INTERPOL, an evaluation of the adequacy of the 
processes in place domestically and at INTERPOL to resist this abuse, 
and a plan for improving interagency coordination to confront this 
phenomenon.
  Third, and perhaps most importantly, the TRAP Act places strict 
limitations on how the United States Government can use INTERPOL 
notices in legal or administrative proceedings that could interfere 
with the freedom or immigration status of individuals in our country. 
We have been deeply concerned by reports that some authorities in this 
country have improperly cited INTERPOL notices from autocratic 
countries to detain individuals and place them in danger of being 
returned to the very countries from which they fled. The TRAP Act will 
make crystal clear that autocratic regimes cannot use INTERPOL notices 
to weaponize the U.S. judicial system against their political targets.
  Madam Speaker, these measures are critical to restricting the freedom 
that some autocratic regimes have enjoyed to harass, persecute, and 
detain their political opponents around the world. Authoritarian and 
autocratic states like China, Russia, Kazakhstan, Tajikistan, Turkey, 
Azerbaijan, and Venezuela must be called out by name and held to 
account for their repeated manipulation of legitimate law enforcement 
tools for petty political ends.
  Madam Speaker, I would also like to place the TRAP Act in the context 
of the other work that the U.S. Helsinki Commission has done to address 
the grave threat of transnational repression and malign influence by 
authoritarian regimes. The Countering Russian and Other Overseas 
Kleptocracy--or ``CROOK'' Act, the Kleptocrat Exposure Act, and the 
Rodchenkov Anti-Doping Act have all been the result of a focus by 
Commissioners and Commission staff on developing a bipartisan 
congressional response to the existential threat of global 
authoritarianism.
  We can no longer sit idly by, content that those who wish to do us 
harm are on the other side of the world. In this new age of autocracy, 
the threat is here--now--and it comes in the form of abusive Red 
Notices, dirty money, and bought-and-paid-for lawfare tactics The 
purpose of these tactics is to silence journalists and activists, 
hollow out the rule of law, and ensure that no one ever dare pursue 
this new class of transnational kleptocrats whose sole goal is the 
wholesale looting of the countries they claim to serve and the seamless 
transfer of those ill-gotten gains to our shores and those of our 
allies.

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