,,ii #aafth ,,congress #ast ,session ,s4 #bdhc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ag1 #bjai,mr4 ,wicker 7for himself1 ,mr4 ,cardin1 ,mr4 ,rubio1 ,mr4 ,whitehouse1 and ,mr4 ,gardner7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to counter efforts by foreign governments to pursue1 harass1 or otherwise persecute individuals for political and other unlawful motives overseas1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,transnational ,repression ,accountability and ,prevention ,act of #bjai or the ,,trap ,act4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the ,international ,criminal ,police ,organization 7,,interpol7 works to prevent and fight crime through enhanced cooperation and innovation on police and security matters1 including counterterrorism1 cybercrime1 counternarcotics1 and transnational organized crime4 7#b7 ,united ,states membership and participation in ,,interpol advances the national security and law enforcement interests of the ,united ,states related to combating terrorism1 cybercrime1 narcotics1 and transnational organized crime4 7#c7 ,article #b 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 ,rights4 7#d7 ,article #c of ,,interpol's ,constitution states that it is strictly forbidden for the ,organization to undertake any intervention or activities of a political1 military1 religious or racial character4 7#e7 ,some ,,interpol member countries have used ,,interpol's databases and processes1 including ,notice and ,diffusion mechanisms and the ,stolen and ,lost ,travel ,document ,database1 for activities of a political or other unlawful character and in violation of international human rights standards1 including making requests to ,,interpol for interventions related to purported charges of ordinary law crimes that are fabricated for political or other unlawful motives4 7#f7 ,according to the ,justice ,manual of the ,united ,states ,department of ,justice1 in the ,united ,states1 national law prohibits the arrest of the subject of a ,red ,notice issued by another ,,interpol member country1 based upon the notice alone and requires the existence of a valid extradition treaty between the requesting country and the ,united ,states1 a diplomatic request for provisional arrest of the subject individual1 and an arrest warrant from the ,united ,states ,attorney's ,office of the subject jurisdiction4 #c4 ,sense of ,congress ,it is the sense of ,congress that the ,russian ,federation and other autocratic countries have abused ,,interpol's databases and processes1 including ,notice and ,diffusion mechanisms and the ,stolen and ,lost ,travel ,document ,database1 for political and other unlawful purposes1 such as intimidating1 harassing1 and persecuting political opponents1 journalists1 members of civil society1 and non-pliant members of the business community4 #d4 ,statement of policy ,it is the policy of the ,united ,states3 7#a7 ,to use the voice1 vote1 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 ,constitution1 particularly ,articles #b and #c1 and ,rules on the ,processing of ,data3 7,a7 ,enhance the screening process for ,notices1 ,diffusions1 and other ,,interpol communications to ensure they comply with ,,interpol's ,constitution and ,rules on the ,processing of ,data4 7,b7 ,in cases in which ,,interpol has determined that a member country issued a ,notice1 ,diffusion1 or other ,,interpol communication against an individual in violation of ,articles #b or #c of the ,,interpol ,constitution1 require such member country to seek the approval of the ,commission for the ,control of ,,interpol's ,files 7,,ccf7 prior to publishing any subsequent ,notices1 ,diffusions1 or other ,,interpol communication against the same individual4 7,c7 ,impose penalties on countries for regular or egregious violations of ,,interpol's ,constitution or ,rules on the ,processing of ,data1 including the temporary suspension of member countries' access to ,,interpol systems4 7,d7 ,fill vacant positions within ,,interpol's structures1 including the ,presidency1 ,general ,secretariat1 and ,,ccf1 with candidates who have demonstrated experience relating to and respect for the rule of law4 7,e7 ,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 ,data1 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 years4 7,f7 ,require ,,interpol in its annual report to provide a detailed account of the following information1 disaggregated by member country or entity3 7i7 ,the number of ,notice requests1 disaggregated by color1 that it received4 7ii7 ,the number of ,notice requests1 disaggregated by color1 that it rejected4 7iii7 ,the category of violation identified in each instance of a rejected ,notice4 7iv7 ,the number of ,diffusions that it cancelled without reference to decisions by the ,,ccf4 7v7 ,the sources of all ,,interpol income during the reporting period4 7vi7 ,every instance in which ,,interpol suspends or withdraws the access rights or otherwise sanctions a member country and the reason for taking such measures4 7,g7 ,require the ,,ccf in its annual report to provide a detailed account of the following information1 disaggregated by country3 7i7 ,the number of admissible complaints received by the ,,ccf regarding issued ,notices1 ,diffusions1 and other ,,interpol communications4 7ii7 ,the category of violation alleged in each such complaint4 7iii7 ,the outcome of the ,,ccf's adjudication of each complaint1 specifying whether a violation was found and1 if so1 what specific category of violation was identified4 7iv7 ,the course of action taken by the ,,ccf in response to its adjudication of each complaint1 such as deleting or correcting the subject ,,interpol file or files4 7v7 ,the number of preventive requests received by the ,,ccf and the outcome of the ,,ccf's adjudication of each such request4 7#b7 ,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 purposes1 including by-- 7,a7 using bilateral and multilateral engagements with ,,interpol member countries1 as appropriate1 to raise the ,united ,states serious concerns about attempts to abuse ,,interpol systems in violation of ,articles #b and #c of ,,interpol's ,constitution2 7,b7 lodging demarches1 as appropriate1 with the government of the violating member country for such abuses of ,,interpol communications2 7,c7 engaging with foreign immigration and security services1 as appropriate1 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 travel2 7,d7 engaging with foreign immigration and security services1 as appropriate1 to secure the freedom of targeted individuals if such individuals are detained on the basis of such an ,,interpol communication2 and 7,e7 engaging with foreign financial and treasury authorities1 as appropriate1 to ensure the freedom of targeted individuals to conduct lawful commerce within their jurisdiction4 #e4 ,report on the abuse of ,,interpol systems 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,attorney ,general1 in coordination with the ,secretary of ,homeland ,secretary1 the ,secretary of ,state1 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 ,notices1 ,diffusions1 and other ,,interpol communications for political motives and other unlawful purposes within the past three years4 7b7 ,elements ,the report required under subsection 7a7 shall include the following elements3 7#a7 ,a description of-- 7,a7 the most common tactics employed by member countries in conducting such abuse1 including the crimes most commonly alleged and the ,,interpol communications most commonly exploited2 7,b7 how many ,,interpol communications are blocked by ,,interpol authorities because of suspected politically motivated abuse2 and 7,c7 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 abuse4 7#b7 ,an assessment of the adequacy of ,,interpol mechanisms for challenging abusive requests1 including the ,commission for the ,control of ,,interpol's ,files 7,,ccf71 and any shortcoming the ,united ,states believes should be addressed4 7#c7 ,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 asylum1 withholding of removal1 or convention against torture claims and any measures the ,department of ,justice or other executive departments or agencies took in response to these incidents4 7#d7 ,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 ,states1 including citizens and nationals of the ,united ,states1 employees of the ,united ,states ,government1 aliens lawfully admitted for permanent residence in the ,united ,states1 aliens who are lawfully present in the ,united ,states1 or aliens with pending asylum1 withholding of removal1 or convention against torture claims1 though they may be unlawfully present in the ,united ,states4 7#e7 ,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 capacity4 7#f7 ,a description of ,united ,states advocacy for reform and good governance within ,,interpol4 7#g7 ,a strategy for improving interagency coordination to identify and address instances of ,,interpol abuse that affect the interests of the ,united ,states1 including international respect for human rights and fundamental freedoms1 citizens and nationals of the ,united ,states1 employees of the ,united ,states ,government1 aliens lawfully admitted for permanent residence in the ,united ,states1 aliens who are lawfully present in the ,united ,states1 or aliens with pending asylum1 withholding of removal1 or convention against torture claims1 though they may be unlawfully present in the ,united ,states4 7#h7 ,an estimate of the costs involved in establishing such improvements4 7c7 ,form of report ,each report required by subsection 7a7 shall be submitted in unclassified form and be published in the ,federal ,register1 but may include a classified annex1 as appropriate4 7d7 ,briefing ,not later than #ahj days after the submission of the report in subsection 7a71 and every #ahj days after for two years1 the ,department of ,justice1 in coordination with the ,department of ,homeland ,secretary1 the ,department of ,state1 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 abuse1 including efforts to promote reform and good governance within ,,interpol4 #f4 ,prohibition on denial of services 7a7 ,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 country1 based solely upon the ,,interpol communication without-- 7#a7 prior verification of the individual's eligibility for extradition under a valid bilateral extradition treaty for the specified crime or crimes2 7#b7 receipt of a diplomatic request for provisional arrest from the requesting country2 and 7#c7 the issuance of an arrest warrant in compliance with section #cahd of title #ah1 ,united ,states ,code4 7b7 ,removal and travel restrictions ,no ,united ,states ,government department or agency may make use of any ,,interpol ,notice1 ,diffusion1 or other ,,interpol communication1 or the information contained therein1 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 freedom1 to remove an individual from the ,united ,states1 or to deny a visa1 asylum1 citizenship1 other immigration status1 or participation in any trusted traveler program of the ,transportation ,security ,administration1 without first verifying through the ,,ncb1 in coordination with the ,department of ,state and other relevant ,united ,states government departments or agencies1 that the subject ,,interpol communication likely comports with ,articles #b and #c of ,,interpol's ,constitution4 #g4 ,annual country reports on human rights practices ,the ,foreign ,assistance ,act of #aifa is amended-- 7#a7 in section #aaf 7#bb ,u4,s4,c4 #baean71 by adding at the end the following new subsection3 7h7 ,politically motivated reprisal against individuals outside the country ,the report required by subsection 7d7 shall include examples from credible reporting of likely attempts by countries to misuse international law enforcement tools1 such as ,,interpol communications1 for politically motivated reprisal against specific individuals located in other countries4 2 and 7#b7 in section #ejb;,b 7#bb ,u4,s4,c4 #bcjd7-- 7,a7 by redesignating the second subsection 7i7 7relating to child marriage status7 as subsection 7j72 and 7,b7 by adding at the end the following new subsection3 7k7 ,politically motivated reprisal against individuals outside the country ,the report required by subsection 7b7 shall include examples from credible reporting of likely attempts by countries to misuse international law enforcement tools1 such as ,,interpol communications1 for politically motivated reprisal against specific individuals located in other countries4 4 #h4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations1 the ,committee on ,appropriations1 and the ,committee on the ,judiciary of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs1 the ,committee on ,appropriations1 and the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,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 ,,interpol4