shall be made available to the public, including 
through publication in the Federal Register. 
(B) NONAPPLICABILITY
OF
CONFIDEN-
TIALITY REQUIREMENT WITH RESPECT TO VISA 
RECORDS.—The President shall publish the list 
required by paragraph (1)(A) without regard to 
the requirements of section 222(f) of the Immi-
gration and Nationality Act (8 U.S.C. 1202(f)) 
with respect to confidentiality of records per-
taining to the issuance or refusal of visas or 
permits to enter the United States. 
(4) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this section, the term ‘‘appro-
priate congressional committees’’ means— 
(A) the Committee on the Judiciary and 
the Committee on Foreign Relations of the Sen-
ate; and 
(B) the Committee on the Judiciary and 
the Committee on Foreign Affairs of the House 
of Representatives. 
SEC. 8. TRAP ACT OF 2021. 
(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’’. 
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(b) TRANSNATIONAL REPRESSION ACCOUNTABILITY 
AND PREVENTION.— 
(1) FINDINGS.—Congress makes the following 
findings: 
(A) The International Criminal Police Or-
ganization (INTERPOL) works to prevent and 
fight crime through enhanced cooperation and 
innovation on police and security matters, in-
cluding 
kleptocracy, 
counterterrorism, 
cybercrime, counternarcotics, and transnational 
organized crime. 
(B) United States membership and partici-
pation in INTERPOL advances the national se-
curity and law enforcement interests of the 
United States related to combating kleptocracy, 
terrorism, 
cybercrime, 
narcotics, 
and 
transnational organized crime. 
(C) Article 2 of INTERPOL’s Constitution 
states that the organization aims ‘‘[to] ensure 
and promote the widest possible mutual assist-
ance between all criminal police authorities . . . 
in the spirit of the ‘Universal Declaration of 
Human Rights’ ’’. 
(D) Article 3 of INTERPOL’s Constitu-
tion states that ‘‘[i]t is strictly forbidden for the 
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Organization to undertake any intervention or 
activities of a political, military, religious or ra-
cial character’’. 
(E) These principles provide INTERPOL 
with a foundation based on respect for human 
rights and avoidance of politically motivated ac-
tions by the organization and its members. 
(F) 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 an-
other INTERPOL member country, based upon 
the notice alone’’. 
(2) 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 mech-
anisms, 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. 
(3) SUPPORT
FOR
INTERPOL
INSTITUTIONAL 
REFORMS.—The Attorney General and the Secretary 
of State shall— 
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(A) 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 im-
proving the transparency of INTERPOL and 
ensuring its operation consistent with its Con-
stitution, particularly articles 2 and 3, and 
Rules on the Processing of Data, including— 
(i) supporting INTERPOL’s reforms 
enhancing the screening process for No-
tices, Diffusions, and other INTERPOL 
communications to ensure they comply 
with INTERPOL’s Constitution and Rules 
on the Processing of Data (RPD); 
(ii) 
supporting 
and 
strengthening 
INTERPOL’s coordination with the Com-
mission 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 
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any subsequent Notices, Diffusions, or 
other INTERPOL communication against 
the same individual based on the same set 
of claims or facts; 
(iii) increasing, to the extent prac-
ticable, 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; 
(iv) supporting candidates for posi-
tions within INTERPOL’s structures, in-
cluding the Presidency, Executive Com-
mittee, General Secretariat, and CCF who 
have demonstrated experience relating to 
and respect for the rule of law; 
(v) seeking to require INTERPOL in 
its annual report to provide a detailed ac-
count, disaggregated by member country 
or entity of— 
(I) the number of Notice re-
quests, disaggregated by color, that it 
received; 
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(II) the number of Notice re-
quests, disaggregated by color, that it 
rejected; 
(III) the category of violation 
identified in each instance of a re-
jected 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 re-
porting period; and 
(vi) supporting greater transparency 
by the CCF in its annual report by pro-
viding a detailed account, disaggregated by 
country, of— 
(I) the number of admissible re-
quests for correction or deletion of 
data received by the CCF regarding 
issued Notices, Diffusions, and other 
INTERPOL communications; and 
(II) the category of violation al-
leged in each such complaint; 
(B) inform the INTERPOL General Secre-
tariat about incidents in which member coun-
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tries abuse INTERPOL communications for po-
litically motivated or other unlawful purposes so 
that, as appropriate, action can be taken by 
INTERPOL; and 
(C) request to censure member countries 
that repeatedly abuse and misuse INTERPOL’s 
red notice and red diffusion mechanisms, in-
cluding restricting the access of those countries 
to INTERPOL’s data and information systems. 
(4) REPORT ON INTERPOL.— 
(A) 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 depart-
ments or agencies, shall submit to the appro-
priate committees of Congress a report con-
taining an assessment of how INTERPOL 
member countries abuse INTERPOL Red No-
tices, Diffusions, and other INTERPOL com-
munications for political motives and other un-
lawful purposes within the past three years. 
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(B) 
ELEMENTS.—The 
report 
required 
under paragraph (1) shall include the following 
elements: 
(i) A list of countries that the Attor-
ney General and the Secretary determine 
have repeatedly abused and misused the 
red notice and red diffusion mechanisms 
for political purposes. 
(ii) 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 com-
monly exploited. 
(iii) 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 short-
coming the United States believes should 
be addressed. 
(iv) 
A 
description 
of 
how 
INTERPOL’s General Secretariat identi-
fies requests for red notice or red diffu-
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sions 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 polit-
ical purposes. 
(v) 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 contraven-
tion of existing law or policy to seek the 
detention of individuals or render judg-
ments concerning their immigration status 
or requests for asylum, with holding of re-
moval, or convention against torture claims 
and any measures the Department of Jus-
tice or other executive departments or 
agencies took in response to these inci-
dents. 
(vi) A description of how the United 
States monitors and responds to likely in-
stances of abuse of INTERPOL commu-
nications by member countries that could 
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affect the interests of the United States, 
including citizens and nationals of the 
United States, employees of the United 
States Government, aliens lawfully admit-
ted 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 conven-
tion against torture claims, though they 
may be unlawfully present in the United 
States. 
(vii) A description of what actions the 
United States takes in response to credible 
information it receives concerning likely 
abuse of INTERPOL communications tar-
geting employees of the United States Gov-
ernment for activities they undertook in an 
official capacity. 
(viii) A description of United States 
advocacy for reform and good governance 
within INTERPOL. 
(ix) A strategy for improving inter-
agency coordination to identify and ad-
dress instances of INTERPOL abuse that 
affect the interests of the United States, 
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including international respect for human 
rights and fundamental freedoms, citizens 
and nationals of the United States, em-
ployees of the United States Government, 
aliens lawfully admitted for permanent res-
idence 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. 
(C) FORM OF REPORT.—Each report re-
quired under this subsection shall be submitted 
in unclassified form, but may include a classi-
fied annex, as appropriate. The unclassified 
portion of the report shall be posted on a pub-
licly available website of the Department of 
State and of the Department of Justice. 
(D) BRIEFING.—Not later than 30 days 
after the submission of each report under sub-
paragraph (A), the Department of Justice and 
the Department of State, in coordination with 
other relevant United States Government de-
partments and agencies, shall brief the appro-
priate committees of Congress on the content of 
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the reports and recent instances of INTERPOL 
abuse by member countries and United States 
efforts to identify and challenge such abuse, in-
cluding efforts to promote reform and good gov-
ernance within INTERPOL. 
(5) PROHIBITION REGARDING BASIS FOR EX-
TRADITION.—No United States Government depart-
ment or agency may extradite an individual based 
solely on an INTERPOL Red Notice or Diffusion 
issued by another INTERPOL member country for 
such individual. 
(6) DEFINITIONS.—In this section: 
(A) APPROPRIATE COMMITTEES OF CON-
GRESS.—The term ‘‘appropriate committees of 
Congress’’ means— 
(i) the Committee on Foreign Rela-
tions and the Committee on the Judiciary 
of the Senate; and 
(ii) the Committee on Foreign Affairs 
and the Committee on the Judiciary of the 
House of Representatives. 
(B) INTERPOL COMMUNICATIONS.—The 
term ‘‘INTERPOL communications’’ means 
any INTERPOL Notice or Diffusion or any 
entry into any INTERPOL database or other 
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