TRAP Act of 2021
Bill: S.1591 | Sponsor: Sen. Wicker, Roger F. (R-MS)
Policy area: International Affairs

Summary:
Transnational Repression Accountability and Prevention Act of 2021 or the TRAP Act of 2021
This bill establishes requirements related to U.S. cooperation with International Criminal Police Organization (INTERPOL) communications.
No U.S. agency or department may arrest an individual based solely on an INTERPOL notice without (1) prior verification of the individual's eligibility for extradition, (2) a valid request for arrest from the requesting country, and (3) an arrest warrant.
A U.S. agency or department may not use an INTERPOL communication from an INTERPOL member country as the sole basis for certain actions, such as detaining an individual or denying an individual a visa, without independent credible evidence supporting the communication.
The bill requires reports on countries that abuse INTERPOL communications for political motives and other unlawful purposes.

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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