[Congressional Record Volume 167, Number 87 (Wednesday, May 19, 2021)]
[Senate]
[Pages S2804-S2805]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1558. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to 
establish a new Directorate for Technology and Innovation in the 
National Science Foundation, to establish a regional technology hub 
program, to require a strategy and report on economic security, 
science, research, innovation, manufacturing, and job creation, to 
establish a critical supply chain resiliency program, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end of division C of the amendment, add the 
     following:

    TITLE VI--TRANSNATIONAL REPRESSION ACCOUNTABILITY AND PREVENTION

     SECTION 3601. SHORT TITLE.

       This title may be cited as the ``Transnational Repression 
     Accountability and Prevention Act of 2021'' or as the ``TRAP 
     Act of 2021''.

     SEC. 3602. FINDINGS.

       Congress makes the following findings:
       (1) The International Criminal Police Organization 
     (INTERPOL) works to prevent and fight crime through enhanced 
     cooperation and innovation on police and security matters, 
     including kleptocracy, counterterrorism, cybercrime, 
     counternarcotics, and transnational organized crime.
       (2) United States membership and participation in INTERPOL 
     advances the national security and law enforcement interests 
     of the United States related to combating kleptocracy, 
     terrorism, cybercrime, narcotics, and transnational organized 
     crime.
       (3) Article 2 of INTERPOL's Constitution states that the 
     organization aims ``[to] ensure and promote the widest 
     possible mutual assistance between all criminal police 
     authorities . . . in the spirit of the `Universal Declaration 
     of Human Rights' ''.
       (4) Article 3 of INTERPOL's Constitution states that ``[i]t 
     is strictly forbidden for the Organization to undertake any 
     intervention or activities of a political, military, 
     religious or racial character''.
       (5) These principles provide INTERPOL with a foundation 
     based on respect for human rights and avoidance of 
     politically motivated actions by the organization and its 
     members.
       (6) Some INTERPOL member countries have used INTERPOL's 
     databases and processes, including Notice and Diffusion 
     mechanisms and the Stolen and Lost Travel Document Database, 
     for activities of a political or other unlawful character and 
     in violation of international human rights standards, 
     including making requests to INTERPOL for interventions 
     related to purported charges of ordinary law crimes that are 
     fabricated for political or other unlawful motives.
       (7) According to the Justice Manual of the United States 
     Department of Justice, ``[i]n the United States, national law 
     prohibits the arrest of the subject of a Red Notice issued by 
     another INTERPOL member country, based upon the notice 
     alone'' and requires the existence of a valid extradition 
     treaty between the requesting country and the United States, 
     a valid request for provisional arrest of the subject 
     individual, and an arrest warrant issued by a United States 
     District Court based on a complaint filed by the United 
     States Attorney's Office of the subject jurisdiction.

     SEC. 3603. STATEMENT OF POLICY.

       It is the policy of the United States:
       (1) To use the voice, vote, and influence of the United 
     States, as appropriate, within INTERPOL's General Assembly 
     and Executive Committee to promote the following objectives 
     aimed at improving the transparency of INTERPOL and ensuring 
     its operation consistent with its Constitution, particularly 
     articles 2 and 3, and Rules on the Processing of Data:
       (A) Support INTERPOL's reforms enhancing the screening 
     process for Notices, Diffusions, and other INTERPOL 
     communications to ensure they comply with INTERPOL's 
     Constitution and Rules on the Processing of Data (RPD).
       (B) Support and strengthen INTERPOL's coordination with the 
     Commission for Control of INTERPOL's Files (CCF) in cases in 
     which INTERPOL or the CCF has determined that a member 
     country issued a Notice, Diffusion, or other INTERPOL 
     communication against an individual in violation of articles 
     2 or 3 of the INTERPOL Constitution, or the RPD, to prohibit 
     such member country from seeking the publication or issuance 
     of any subsequent Notices, Diffusions, or other INTERPOL 
     communication against the same individual based on the same 
     set of claims or facts.
       (C) Support candidates for positions within INTERPOL's 
     structures, including the Presidency, Executive Committee, 
     General Secretariat, and CCF who have demonstrated experience 
     relating to and respect for the rule of law.
       (D) Seek to require INTERPOL in its annual report to 
     provide a detailed account of the following information, 
     disaggregated by member country or entity:
       (i) The number of Notice requests, disaggregated by color, 
     that it received.
       (ii) The number of Notice requests, disaggregated by color, 
     that it rejected.
       (iii) The category of violation identified in each instance 
     of a rejected Notice.
       (iv) The number of Diffusions that it cancelled without 
     reference to decisions by the CCF.
       (v) The sources of all INTERPOL income during the reporting 
     period.
       (E) Support greater transparency by the CCF in its annual 
     report by providing a detailed account of the following 
     information, disaggregated by country:
       (i) The number of admissible requests for correction or 
     deletion of data received by the CCF regarding issued 
     Notices, Diffusions, and other INTERPOL communications.
       (ii) The category of violation alleged in each such 
     complaint.
       (2) Put in place procedures, as appropriate, for sharing 
     with relevant departments and agencies credible information 
     of likely attempts by member countries to abuse INTERPOL 
     communications for politically motivated or other unlawful 
     purposes so that, as appropriate, action can be taken in 
     accordance with their respective institutional mandates.

     SEC. 3604. REPORT ON THE ABUSE OF INTERPOL SYSTEMS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Attorney General, in 
     coordination with the Secretary of Homeland Secretary, the 
     Secretary of State, and the heads of other relevant United 
     States Government departments or agencies shall submit to the 
     appropriate committees of Congress a report containing an 
     assessment of how INTERPOL member countries abuse INTERPOL 
     Red Notices, Diffusions, and other INTERPOL communications 
     for political motives and other unlawful purposes within the 
     past three years.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) A description of the most common tactics employed by 
     member countries in conducting such abuse, including the 
     crimes most commonly alleged and the INTERPOL communications 
     most commonly exploited.
       (2) An assessment of the adequacy of INTERPOL mechanisms 
     for challenging abusive re- quests, including the Commission 
     for the Control of INTERPOL's Files (CCF), and any 
     shortcoming the United States believes should be addressed.
       (3) A description of any incidents in which the Department 
     of Justice assesses that United States courts and executive 
     departments or agencies have relied on INTERPOL 
     communications in contravention of existing law or policy to 
     seek the detention of individuals or render judgments 
     concerning their immigration status or requests for asylum, 
     with holding of removal, or convention against torture claims 
     and any measures the Department of Justice or other executive 
     departments or agencies took in response to these incidents.
       (4) A description of how the United States monitors and 
     responds to likely instances of abuse of INTERPOL 
     communications by member countries that could affect the 
     interests of the United States, including citizens and 
     nationals of the United States, employees of the United 
     States Government, aliens lawfully admitted for permanent 
     residence in the United States, aliens who are lawfully 
     present in the United States, or aliens with pending asylum, 
     withholding of removal, or convention against torture claims, 
     though they may be unlawfully present in the United States.
       (5) A description of what actions the United States takes 
     in response to credible information it receives concerning 
     likely

[[Page S2805]]

     abuse of INTERPOL communications targeting employees of the 
     United States Government for activities they undertook in an 
     official capacity.
       (6) A description of United States advocacy for reform and 
     good governance within INTERPOL.
       (7) A strategy for improving interagency coordination to 
     identify and address instances of INTERPOL abuse that affect 
     the interests of the United States, including international 
     respect for human rights and fundamental freedoms, citizens 
     and nationals of the United States, employees of the United 
     States Government, aliens lawfully admitted for permanent 
     residence in the United States, aliens who are lawfully 
     present in the United States, or aliens with pending asylum, 
     withholding of removal, or convention against torture claims, 
     though they may be unlawfully present in the United States.
       (8) An estimate of the costs involved in establishing such 
     improvements.
       (c) Form of Report.--Each report required by subsection (a) 
     shall be submitted in unclassified form and be published in 
     the Federal Register, but may include a classified annex, as 
     appropriate.
       (d) Briefing.--Not later than 180 days after the submission 
     of the report in subsection (a), and every 180 days after for 
     two years, the Department of Justice, in coordination with 
     the Department of Homeland Secretary, the Department of 
     State, and the heads of other relevant United States 
     Government departments and agencies shall brief the 
     appropriate committees of Congress on recent instances of 
     INTERPOL abuse by member countries and United States efforts 
     to identify and challenge such abuse, including efforts to 
     promote reform and good governance within INTERPOL.

     SEC. 3605. PROHIBITION ON DENIAL OF SERVICES.

       (a) Arrests.--No United States Government department or 
     agency may arrest an individual for the purpose of 
     extradition who is the subject of an INTERPOL Red Notice or 
     Diffusion issued by another INTERPOL member country, based 
     solely upon the INTERPOL communication without--
       (1) prior verification of the individual's eligibility for 
     extradition under a valid bilateral extradition treaty for 
     the specified crime or crimes;
       (2) receipt of a valid request for provisional arrest from 
     the requesting country; and
       (3) the issuance of an arrest warrant in compliance with 
     section 3184 of title 18, United States Code.
       (b) Removal and Travel Restrictions.--No United States 
     Government department or agency may make use of any INTERPOL 
     Notice, Diffusion, or other INTERPOL communication, or the 
     information contained therein, published on behalf of another 
     INTERPOL member country as the sole basis to detain or 
     otherwise deprive an individual of freedom, to remove an 
     individual from the United States, or to deny a visa, asylum, 
     citizenship, other immigration status, or participation in 
     any trusted traveler program of the Transportation Security 
     Administration, without independent credible evidence 
     supporting such a determination.

     SEC. 3606. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

        The Foreign Assistance Act of 1961 is amended--
       (1) in section 116 (22 U.S.C. 2151n), by adding at the end 
     the following new subsection:
       ``(h) Politically Motivated Reprisal Against Individuals 
     Outside the Country.--The report required by subsection (d) 
     shall include examples from credible reporting of likely 
     attempts by countries to misuse international law enforcement 
     tools, such as INTERPOL communications, for politically-
     motivated reprisal against specific individuals located in 
     other countries.''; and
       (2) in section 502B (22 U.S.C. 2304)--
       (A) by redesignating the second subsection (i) (relating to 
     child marriage status) as subsection (j); and
       (B) by adding at the end the following new subsection:
       ``(k) Politically Motivated Reprisal Against Individuals 
     Outside the Country.--The report required by subsection (b) 
     shall include examples from credible reporting of likely 
     attempts by countries to misuse international law enforcement 
     tools, such as INTERPOL communications, for politically 
     motivated reprisal against specific individuals located in 
     other countries.''.

     SEC. 3607. DEFINITIONS.

       In this title:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Appropriations, and the Committee on the Judiciary of the 
     Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Appropriations, and the Committee on the Judiciary of the 
     House of Representatives.
       (2) INTERPOL communications.--The term ``INTERPOL 
     communications'' means any INTERPOL Notice or Diffusion or 
     any entry into any INTERPOL database or other communications 
     system maintained by INTERPOL.
                                 ______