Title: TRAP Act
Policy area: International Affairs

Summary:
Transnational Repression Accountability and Prevention Act of 2019 or the TRAP Act of 2019
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 validation of the individual's eligibility for extradition, (2) a diplomatic 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 that does not have a bilateral extradition treaty with the United States as the sole basis for certain actions, such as detaining an individual or denying an individual a visa, without verifying that the communication likely comports with INTERPOL's constitution.
The bill requires reports on countries that abuse INTERPOL communications for political motives and other unlawful purposes.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2483 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 2483

    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

                           September 17, 2019

Mr. Wicker (for himself, Mr. Cardin, Mr. Rubio, Mr. Whitehouse, and Mr. 
   Gardner) 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 2019'' or the ``TRAP Act''.

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 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 terrorism, cybercrime, 
        narcotics, and transnational organized crime.
            (3) Article 2 of INTERPOL's Constitution states that the 
        organization aims ``[t]o 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) 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.
            (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'' 
        and requires the existence of a valid extradition treaty 
        between the requesting country and the United States, a 
        diplomatic request for provisional arrest of the subject 
        individual, and an arrest warrant from the United States 
        Attorney's Office of the subject jurisdiction.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that the Russian Federation and other 
autocratic countries have abused INTERPOL's databases and processes, 
including Notice and Diffusion mechanisms and the Stolen and Lost 
Travel Document Database, for political and other unlawful purposes, 
such as intimidating, harassing, and persecuting political opponents, 
journalists, members of civil society, and non-pliant members of the 
business community.

SEC. 4. STATEMENT OF POLICY.

    It is the policy of the United States:
            (1) To use the voice, vote, and influence of the United 
        States 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) Enhance 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.
                    (B) In cases in which INTERPOL 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, require such member country to seek the 
                approval of the Commission for the Control of 
                INTERPOL's Files (CCF) prior to publishing any 
                subsequent Notices, Diffusions, or other INTERPOL 
                communication against the same individual.
                    (C) Impose penalties on countries for regular or 
                egregious violations of INTERPOL's Constitution or 
                Rules on the Processing of Data, including the 
                temporary suspension of member countries' access to 
                INTERPOL systems.
                    (D) Fill vacant positions within INTERPOL's 
                structures, including the Presidency, General 
                Secretariat, and CCF, with candidates who have 
                demonstrated experience relating to and respect for the 
                rule of law.
                    (E) Oppose the appointment to senior positions 
                within INTERPOL of candidates from member countries 
                that commit regular violations of the rule of law or 
                INTERPOL's Constitution or Rules on the Processing of 
                Data, and disqualify any candidate from a member 
                country that has had its access to INTERPOL systems 
                temporarily suspended at any time in the prior five 
                years.
                    (F) 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.
                            (vi) Every instance in which INTERPOL 
                        suspends or withdraws the access rights or 
                        otherwise sanctions a member country and the 
                        reason for taking such measures.
                    (G) Require the CCF in its annual report to provide 
                a detailed account of the following information, 
                disaggregated by country:
                            (i) The number of admissible complaints 
                        received by the CCF regarding issued Notices, 
                        Diffusions, and other INTERPOL communications.
                            (ii) The category of violation alleged in 
                        each such complaint.
                            (iii) The outcome of the CCF's adjudication 
                        of each complaint, specifying whether a 
                        violation was found and, if so, what specific 
                        category of violation was identified.
                            (iv) The course of action taken by the CCF 
                        in response to its adjudication of each 
                        complaint, such as deleting or correcting the 
                        subject INTERPOL file or files.
                            (v) The number of preventive requests 
                        received by the CCF and the outcome of the 
                        CCF's adjudication of each such request.
            (2) To direct relevant United States departments and 
        agencies to take appropriate action in response to credible 
        information of likely attempts by member countries to abuse 
        INTERPOL communications for politically motivated or other 
        unlawful purposes, including by--
                    (A) using bilateral and multilateral engagements 
                with INTERPOL member countries, as appropriate, to 
                raise the United States serious concerns about attempts 
                to abuse INTERPOL systems in violation of Articles 2 
                and 3 of INTERPOL's Constitution;
                    (B) lodging demarches, as appropriate, with the 
                government of the violating member country for such 
                abuses of INTERPOL communications;
                    (C) engaging with foreign immigration and security 
                services, as appropriate, to alert such services to the 
                abusive nature of INTERPOL communications against 
                targeted individuals who may enter the jurisdiction of 
                such a service during the course of international 
                travel;
                    (D) engaging with foreign immigration and security 
                services, as appropriate, to secure the freedom of 
                targeted individuals if such individuals are detained 
                on the basis of such an INTERPOL communication; and
                    (E) engaging with foreign financial and treasury 
                authorities, as appropriate, to ensure the freedom of 
                targeted individuals to conduct lawful commerce within 
                their jurisdiction.

SEC. 5. 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--
                    (A) 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;
                    (B) how many INTERPOL communications are blocked by 
                INTERPOL authorities because of suspected politically 
                motivated abuse; and
                    (C) which countries are responsible for the 
                greatest volume and most frequent abuse of INTERPOL 
                communications and whether INTERPOL has imposed any 
                penalty on these member countries for this abuse.
            (2) An assessment of the adequacy of INTERPOL mechanisms 
        for challenging abusive requests, 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, withholding 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. 6. PROHIBITION ON DENIAL OF SERVICES.

    (a) Arrests.--No United States Government department or agency may 
arrest an individual 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 diplomatic 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 with which the 
United States Government is not a party to a valid bilateral 
extradition treaty 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 first verifying through the NCB, in 
coordination with the Department of State and other relevant United 
States government departments or agencies, that the subject INTERPOL 
communication likely comports with Articles 2 and 3 of INTERPOL's 
Constitution.

SEC. 7. 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. 8. 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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