[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.
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