22 U.S.C. § 263b — Transnational repression accountability and prevention

(a) Sense of Congress. Congress states its view that some INTERPOL member countries have repeatedly misused INTERPOL's databases and processes — including its Notice and Diffusion systems — for overtly political or otherwise unlawful purposes, in violation of international human rights standards. This includes using INTERPOL to harass or persecute political opponents, human rights defenders, or journalists. (b) Support for INTERPOL institutional reforms. The Attorney General and the Secretary of State must use the United States' voice, vote, and influence, as appropriate, in INTERPOL's General Assembly and Executive Committee to push for reforms that make INTERPOL more transparent and keep it operating consistently with its Constitution — especially articles 2 and 3 — and its Rules on the Processing of Data. Specifically, they must: support reforms that improve the screening of Notices, Diffusions, and other INTERPOL communications so they comply with INTERPOL's Constitution and Rules on the Processing of Data; support and strengthen INTERPOL's coordination with the Commission for Control of INTERPOL's Files ("CCF") so that once INTERPOL or the CCF finds a member country issued a Notice, Diffusion, or other communication against someone in violation of INTERPOL's Constitution or Rules, that country is blocked from seeking any further Notice, Diffusion, or communication against the same person based on the same claims or facts; increase, where practical, dedicated funding for the CCF and the Notices and Diffusions Task Force so they can expand their review of red notice and red diffusion requests; support candidates for INTERPOL leadership roles — including the Presidency, Executive Committee, General Secretariat, and CCF — who have shown experience with, and respect for, the rule of law; and push INTERPOL to include, in its annual report, a country-by-country breakdown of the number of Notice requests it received by color, the number it rejected by color, the type of violation behind each rejected Notice, the number of Diffusions it cancelled without a CCF decision, and the sources of all its income for the period. They must also push the CCF to be more transparent in its own annual report by breaking down, by country, the number of admissible requests it received to correct or delete data tied to issued Notices, Diffusions, or other communications, and the type of violation alleged in each. Beyond that, the Attorney General and Secretary of State must tell INTERPOL's General Secretariat about incidents where member countries abuse INTERPOL communications for political or other unlawful purposes, so INTERPOL can act on them; and must seek to censure member countries that repeatedly abuse the red notice and red diffusion systems, including by restricting those countries' access to INTERPOL's data and information systems. (c) Report on INTERPOL. Within 180 days after December 27, 2021, and then every two years for 4 years after that, the Attorney General and the Secretary of State — working with other relevant federal agencies — must send Congress's appropriate committees a report assessing how INTERPOL member countries have abused Red Notices, Diffusions, and other INTERPOL communications for political or other unlawful purposes over the past three years. Each report must include: a list of countries the Attorney General and Secretary determine have repeatedly abused these systems for political purposes; a description of the most common abuse tactics, including the crimes most often alleged and the communications most often misused; an assessment of how well INTERPOL's mechanisms — including the CCF, and specifically its March 2017 Operating Rules — handle abusive requests, plus any shortcomings the United States thinks should be fixed; a description of how INTERPOL's General Secretariat spots politically motivated or rule-violating red notice and red diffusion requests, and how it reviews and handles abuse cases; a description of any cases where the Justice Department found that U.S. courts or agencies relied on INTERPOL communications, against existing law or policy, to detain someone or decide their immigration, asylum, withholding-of-removal, or Convention Against Torture claims, and what was done in response; a description of how the United States monitors and responds to likely abuse affecting U.S. citizens and nationals, U.S. government employees, lawful permanent residents, aliens lawfully present in the United States, or aliens with pending asylum, withholding-of-removal, or Convention Against Torture claims — even if they are unlawfully present; a description of what the United States does in response to credible information about abuse targeting U.S. government employees for actions they took in their official role; a description of U.S. advocacy for reform and good governance at INTERPOL; and a strategy for improving coordination between agencies to identify and address INTERPOL abuse affecting U.S. interests, including human rights and the groups of people listed above. Each report must be unclassified, though it may include a classified annex, and the unclassified part must be posted on a public State Department and Justice Department website. Within 30 days after each report, the Justice and State Departments — with other relevant agencies — must brief Congress's appropriate committees on the report's contents and on recent instances of INTERPOL abuse and U.S. efforts to identify, challenge, and promote reform against that abuse. (d) Prohibition regarding basis for extradition. No U.S. government department or agency may extradite someone based solely on an INTERPOL Red Notice or Diffusion issued by another member country for that person. (e) Definitions. "Appropriate committees of Congress" means the Senate Committees on Foreign Relations and the Judiciary, and the House Committees on Foreign Affairs and the Judiciary. "INTERPOL communications" means any INTERPOL Notice or Diffusion, or any entry into an INTERPOL database or other communications system INTERPOL maintains.