[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1591 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1591
To counter efforts by foreign governments to pursue, harass, or
otherwise persecute individuals for political and other unlawful
motives overseas, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 12, 2021
Mr. Wicker (for himself, Mr. Cardin, Mr. Tillis, Mr. Whitehouse, Mr.
Rubio, Mr. Markey, Mr. Rounds, and Mr. Van Hollen) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
_______________________________________________________________________
A BILL
To counter efforts by foreign governments to pursue, harass, or
otherwise persecute individuals for political and other unlawful
motives overseas, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transnational Repression
Accountability and Prevention Act of 2021'' or as the ``TRAP Act of
2021''.
SEC. 2. 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. 3. 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. 4. 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 congressional committees 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 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 congressional committees 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. 5. 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. 6. 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. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' 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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