[Congressional Record Volume 167, Number 90 (Monday, May 24, 2021)]
[Senate]
[Pages S3354-S3355]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1943. Mr. WICKER (for himself, Mr. Cardin, and Mr. Menendez)
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 subtitle A of title II of division C, add
the following:
SEC. 3219L. TRANSNATIONAL REPRESSION ACCOUNTABILITY AND
PREVENTION.
(a) Short Title.--This section may be cited as the
``Transnational Repression Accountability and Prevention Act
of 2021'' or as the ``TRAP Act of 2021''.
(b) 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) 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''.
(c) Sense of Congress.--It is the sense of Congress that
some INTERPOL member countries have repeatedly misused
INTERPOL's databases and processes, including Notice and
Diffusion mechanisms, for activities of an overtly political
or other unlawful character and in violation of international
human rights standards, including making requests to harass
or persecute political opponents, human rights defenders, or
journalists.
(d) Support for INTERPOL Institutional Reforms.--The
Attorney General and the Secretary of State shall--
(1) use the voice, vote, and influence of the United
States, as appropriate, within INTERPOL's General Assembly
and Executive Committee to promote reforms 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, including--
(A) supporting 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) supporting and strengthening 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) increasing, to the extent practicable, dedicated
funding to the CCF and the Notices and Diffusions Task Force
in order to further expand operations related to the review
of requests for red notices and red diffusions;
(D) supporting 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;
(E) seeking to require INTERPOL in its annual report to
provide a detailed account, disaggregated by member country
or entity of--
(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; and
(v) the sources of all INTERPOL income during the reporting
period; and
(F) supporting greater transparency by the CCF in its
annual report by providing a detailed account, disaggregated
by country, of--
(i) the number of admissible requests for correction or
deletion of data received by the CCF regarding issued
Notices, Diffusions, and other INTERPOL communications; and
(ii) the category of violation alleged in each such
complaint;
(2) inform the INTERPOL General Secretariat about incidents
in which member countries abuse INTERPOL communications for
politically motivated or other unlawful purposes so that, as
appropriate, action can be taken by INTERPOL; and
(3) request to censure member countries that repeatedly
abuse and misuse INTERPOL's red notice and red diffusion
mechanisms, including restricting the access of those
countries to INTERPOL's data and information systems.
(e) Report on INTERPOL.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and biannually thereafter for a period
of 4 years, the Attorney General and the Secretary of State,
in consultation with 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.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A list of countries that the Attorney General and the
Secretary determine have repeatedly abused and misused the
red notice and red diffusion mechanisms for political
purposes.
(B) 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.
(C) An assessment of the adequacy of INTERPOL mechanisms
for challenging abusive requests, including the Commission
for the Control of INTERPOL's Files (CCF), an assessment of
the CCF's March 2017 Operating Rules, and any shortcoming the
United States believes should be addressed.
(D) A description of how INTERPOL's General Secretariat
identifies requests for red notice or red diffusions that are
politically motivated or are otherwise in violation of
INTERPOL's rules and how INTERPOL reviews and addresses cases
in which a member country has abused or misused the red
notice and red diffusion mechanisms for overtly political
purposes.
[[Page S3355]]
(E) 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.
(F) 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.
(G) A description of what actions the United States takes
in response to credible information it receives concerning
likely abuse of INTERPOL communications targeting employees
of the United States Government for activities they undertook
in an official capacity.
(H) A description of United States advocacy for reform and
good governance within INTERPOL.
(I) 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.
(3) Form of report.--Each report required under this
subsection shall be submitted in unclassified form, but may
include a classified annex, as appropriate. The unclassified
portion of the report shall be posted on a publicly available
website of the Department of State and of the Department of
Justice.
(4) Briefing.--Not later than 30 days after the submission
of each report under paragraph (1), the Department of Justice
and the Department of State, in coordination with other
relevant United States Government departments and agencies,
shall brief the appropriate committees of Congress on the
content of the reports and 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.
(f) Prohibition Regarding Basis for Extradition.--No United
States Government department or agency may extradite an
individual based solely on an INTERPOL Red Notice or
Diffusion issued by another INTERPOL member country for such
individual.
(g) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations and the Committee on
the Judiciary of the Senate; and
(B) the Committee on Foreign Affairs 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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