S 3155 ISCommentsClose CommentsPermalink

To require reporting on certain information and communications technologies of foreign countries, to develop action plans to improve the capacity of certain countries to combat cybercrime, and for other purposes.CommentsClose CommentsPermalink

March 23, 2010CommentsClose CommentsPermalink

Mrs. GILLIBRAND (for herself and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsCommentsClose CommentsPermalink

To require reporting on certain information and communications technologies of foreign countries, to develop action plans to improve the capacity of certain countries to combat cybercrime, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘International Cybercrime Reporting and Cooperation Act’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) COMPUTER SYSTEMS; COMPUTER DATA- The terms ‘computer system’ and ‘computer data’ have the meanings given those terms in chapter I of the Convention on Cybercrime.CommentsClose CommentsPermalink





(2) CONVENTION ON CYBERCRIME- The term ‘Convention on Cybercrime’ means the Council of Europe Convention on Cybercrime, done at Budapest November 23, 2001.CommentsClose CommentsPermalink





(3) CYBERCRIME- The term ‘cybercrime’ refers to criminal offenses relating to computer systems or computer data described in the Convention on Cybercrime.CommentsClose CommentsPermalink





(4) INTERPOL- The term ‘INTERPOL’ means the International Criminal Police Organization.CommentsClose CommentsPermalink





(5) RELEVANT FEDERAL AGENCIES- The term ‘relevant Federal agencies’ means any Federal agency that has responsibility for combating cybercrime globally, including the Department of Justice, the Department of Homeland Security, the Department of the Treasury, and the Department of State.CommentsClose CommentsPermalink

SEC. 3. ANNUAL REPORT.

(a) In General- Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President shall submit to Congress a report--CommentsClose CommentsPermalink





(1) assessing, with respect to each country that is a member state of the United Nations--CommentsClose CommentsPermalink





(A) the extent of the development and utilization of information and communications technologies in the critical infrastructure, telecommunications systems, and financial industry of the country;CommentsClose CommentsPermalink





(B) the extent and nature of activities relating to cybercrime that are based in the country;CommentsClose CommentsPermalink





(C) the adequacy and effectiveness of the laws, regulations, and judicial and law enforcement systems in the country with respect to combating cybercrime; andCommentsClose CommentsPermalink





(D) measures taken by the government of the country to ensure the free flow of electronic commerce and to protect consumers from cybercrime;CommentsClose CommentsPermalink





(2) identifying countries that are member states of the United Nations that the President determines have a low level of development or utilization of information and communications technologies in their critical infrastructure, telecommunications systems, and financial industries;CommentsClose CommentsPermalink





(3) assessing any multilateral efforts--CommentsClose CommentsPermalink





(A) to prevent and investigate cybercrime;CommentsClose CommentsPermalink





(B) to develop and share best practices to directly or indirectly combat cybercrime; andCommentsClose CommentsPermalink





(C) to cooperate and take action with respect to the prevention, investigation, and prosecution of cybercrime; andCommentsClose CommentsPermalink





(4) describing the steps taken by the United States to promote the multilateral efforts referred to in paragraph (3).CommentsClose CommentsPermalink





(b) Additional Information To Be Included in Subsequent Reports- In each report required to be submitted under subsection (a) after the first report required by that subsection, the President shall include, in addition to the information required by that subsection--CommentsClose CommentsPermalink





(1) an identification of countries for which action plans have been developed under section 5; andCommentsClose CommentsPermalink





(2) an assessment of the extent of the compliance of each such country with the action plan developed for that country.CommentsClose CommentsPermalink





(c) Consultations- It is the sense of Congress that the President should consult with the relevant Federal agencies, industry groups, civil society organizations, and other interested parties in making the assessments required by paragraphs (1) through (3) of subsection (a) and subsection (b).CommentsClose CommentsPermalink





(d) Form of Report- The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex.CommentsClose CommentsPermalink

SEC. 4. UTILIZATION OF FOREIGN ASSISTANCE PROGRAMS.

(a) Priority With Respect to Foreign Assistance Programs To Combat Cybercrime-CommentsClose CommentsPermalink





(1) IN GENERAL- The President shall give priority to a country described in paragraph (2) with respect to foreign assistance and other programs designed to combat cybercrime in the country by improving the effectiveness and capacity of the legal and judicial systems and the capabilities of law enforcement agencies with respect to cybercrime.CommentsClose CommentsPermalink





(2) COUNTRIES DESCRIBED- A country described in this paragraph is a country identified under section 3(a)(2) as having a low level of development or utilization of information and communications technologies in its critical infrastructure, telecommunications systems, and financial industry.CommentsClose CommentsPermalink





(b) Sense of Congress With Respect to Bilateral and Multilateral Assistance- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the President should include programs designed to combat cybercrime in any bilateral or multilateral assistance that--CommentsClose CommentsPermalink





(A) is extended to a country identified under section 3(a)(2) as having a low level of development or utilization of information and communications technologies in its critical infrastructure, telecommunications systems, and financial industry; andCommentsClose CommentsPermalink





(B) addresses the critical infrastructure, telecommunications systems, financial industry, legal or judicial systems, or law enforcement capabilities of that country; andCommentsClose CommentsPermalink





(2) such assistance should be provided in a manner that allows the country to sustain the advancements in combating cybercrime resulting from the assistance after the termination of the assistance.CommentsClose CommentsPermalink

SEC. 5. ACTION PLANS FOR COMBATING CYBERCRIME FOR COUNTRIES OF CYBER CONCERN.

(a) Development of Action Plans-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 1 year after the President submits the first report required by section 3(a), the President shall develop, for each country that the President determines under subsection (b) is a country of cyber concern, an action plan--CommentsClose CommentsPermalink





(A) to assist the government of that country to improve the capacity of the country to combat cybercrime; andCommentsClose CommentsPermalink





(B) that contains benchmarks described in subsection (c).CommentsClose CommentsPermalink





(2) REASSESSMENT OF COUNTRIES- Not later than 2 years after the President submits the first report required by section 3(a), and annually thereafter, the President shall--CommentsClose CommentsPermalink





(A) reassess the countries for which the President has developed action plans under paragraph (1);CommentsClose CommentsPermalink





(B) determine if any of those countries no longer meet the criteria under subsection (b) for being countries of cyber concern; andCommentsClose CommentsPermalink





(C) determine if additional countries meet the criteria under subsection (b) for being countries of cyber concern and develop action plans for those countries.CommentsClose CommentsPermalink





(3) CONSULTATIONS- The President, acting through the Secretary of State and, as appropriate, the employees of the Department of State described in section 6, shall consult with the government of each country for which the President develops an action plan under paragraph (1) or (2) with respect to--CommentsClose CommentsPermalink





(A) the development of the action plan; andCommentsClose CommentsPermalink





(B) the efforts of the government of that country to comply with the benchmarks set forth in the action plan.CommentsClose CommentsPermalink





(b) Countries of Cyber Concern- The President shall determine that a country is a country of cyber concern if the President finds that--CommentsClose CommentsPermalink





(1) there is significant credible evidence that a pattern of incidents of cybercrime against the United States Government, private entities incorporated under the laws of the United States, or other United States persons has been carried out by persons within the country during the 2-year period preceding the date of the President’s determination; andCommentsClose CommentsPermalink





(2) the government of the country has demonstrated a pattern of being uncooperative with efforts to combat cybercrime by--CommentsClose CommentsPermalink





(A) failing to conduct its own reasonable criminal investigations, prosecutions, or other proceedings with respect to the incidents of cybercrime described in paragraph (1);CommentsClose CommentsPermalink





(B) failing to cooperate with the United States, any other party to the Convention on Cybercrime, or INTERPOL, in criminal investigations, prosecutions, or other proceedings with respect to such incidents, consistent with chapter III of the Convention on Cybercrime; orCommentsClose CommentsPermalink





(C) not adopting or implementing legislative or other measures consistent with chapter II of the Convention on Cybercrime with respect to criminal offenses related to computer systems or computer data.CommentsClose CommentsPermalink





(c) Benchmarks Described- The benchmarks described in this subsection--CommentsClose CommentsPermalink





(1) are such legislative, institutional, enforcement, or other actions as the President determines necessary to improve the capacity of the country to combat cybercrime; andCommentsClose CommentsPermalink





(2) may include--CommentsClose CommentsPermalink





(A) the initiation of credible criminal investigations, prosecutions, or other proceedings with respect to the incidents of cybercrime that resulted in the determination of the President under subsection (b) that the country is a country of cyber concern;CommentsClose CommentsPermalink





(B) cooperation with, or support for the efforts of, the United States, other parties to the Convention on Cybercrime, or INTERPOL in criminal investigations, prosecutions, or other proceedings with respect to such persons, consistent with chapter III of the Convention on Cybercrime; orCommentsClose CommentsPermalink





(C) the implementation of legislative or other measures consistent with chapter II of the Convention on Cybercrime with respect to criminal offenses related to computer systems or computer data.CommentsClose CommentsPermalink





(d) Failure To Meet Action Plan Benchmarks-CommentsClose CommentsPermalink





(1) IN GENERAL- If, 1 year after the date on which an action plan is developed under subsection (a), the President, in consultation with the relevant Federal agencies, determines that the government of the country for which the action plan was developed has not complied with the benchmarks in the action plan, the President is urged to take one or more of the actions described in paragraph (2) with respect to the country.CommentsClose CommentsPermalink





(2) PRESIDENTIAL ACTION DESCRIBED-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to subparagraph (B), the actions described in this paragraph with respect to a country are the following:CommentsClose CommentsPermalink





(i) OVERSEAS PRIVATE INVESTMENT CORPORATION FINANCING- Suspend, restrict, or prohibit the approval of new financing (including loans, guarantees, other credits, insurance, and reinsurance) by the Overseas Private Investment Corporation with respect to a project located in the country or in which an entity owned or controlled by the government of the country participates.CommentsClose CommentsPermalink





(ii) EXPORT-IMPORT BANK FINANCING- Suspend, restrict, or prohibit the approval of new financing (including loans, guarantees, other credits, insurance, and reinsurance) by the Export-Import Bank of the United States in connection with the export of any good or service to the country or to an entity owned or controlled by the government of the country.CommentsClose CommentsPermalink





(iii) MULTILATERAL DEVELOPMENT BANK FINANCING- Instruct the United States Executive Director of each multilateral development bank (as defined in section 1307(g) of the International Financial Institutions Act (22 U.S.C. 262m-7(g))) to oppose the approval of any new financing (including loans, guarantees, other credits, insurance, and reinsurance) by the multilateral development bank to the government of the country or with respect to a project located in the country or in which an entity owned or controlled by the government of the country participates.CommentsClose CommentsPermalink





(iv) TRADE AND DEVELOPMENT AGENCY- Suspend, restrict, or prohibit the provision of assistance by the Trade and Development Agency in connection with a project located in the country or in which an entity owned or controlled by the government of the country participates.CommentsClose CommentsPermalink





(v) PREFERENTIAL TRADE PROGRAMS- Suspend, limit, or withdraw any preferential treatment for which the country qualifies under the Generalized System of Preferences under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.), the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.), the Andean Trade Preference Act (19 U.S.C. 3201 et seq.), or the African Growth and Opportunity Act (19 U.S.C. 3701 et seq.).CommentsClose CommentsPermalink





(vi) FOREIGN ASSISTANCE- Suspend, restrict, or withdraw the provision of foreign assistance to the country or with respect to projects carried out in the country, including assistance provided under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).CommentsClose CommentsPermalink





(B) EXCEPTION- The President may not suspend, restrict, prohibit, or withdraw assistance described in clause (iv) or (vi) of subparagraph (A) that is provided for projects related to building capacity or taking actions to combat cybercrime.CommentsClose CommentsPermalink





(3) RESTORATION OF BENEFITS- The President shall revoke any actions taken with respect to a country under paragraph (2) on the date on which the President, in consultation with the relevant Federal agencies, determines and certifies to Congress that the government of the country has complied with the benchmarks described in subsection (c).CommentsClose CommentsPermalink





(e) Waiver-CommentsClose CommentsPermalink





(1) IN GENERAL- The President may waive the requirement under subsection (a) to develop an action plan for a country or the requirement under subsection (b) to make a determination with respect to a country if the President--CommentsClose CommentsPermalink





(A) determines that such a waiver is in the national interest of the United States; andCommentsClose CommentsPermalink





(B) submits to Congress a report describing the reasons for the determination.CommentsClose CommentsPermalink





(2) FORM OF REPORT- A report submitted under paragraph (1)(B) shall be submitted in unclassified form, but may contain a classified annex.CommentsClose CommentsPermalink

SEC. 6. DESIGNATION OF OFFICIALS IN THE DEPARTMENT OF STATE TO BE RESPONSIBLE FOR COMBATING CYBERCRIME.

The Secretary of State shall--CommentsClose CommentsPermalink





(1) designate a high-level employee of the Department of State--CommentsClose CommentsPermalink





(A) to coordinate the full range of activities, policies, and opportunities associated with combating cybercrime and foreign policy; andCommentsClose CommentsPermalink





(B) whose primary responsibility will be to further those activities, policies, and opportunities at an international level; andCommentsClose CommentsPermalink





(2) in consultation with the heads of other relevant Federal agencies and in coordination with the relevant chief of mission, assign an employee to have primary responsibility with respect to matters relating to cybercrime policy in each country or region that the Secretary considers significant with respect to efforts of the United States Government to combat cybercrime globally.CommentsClose CommentsPermalink

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.CommentsClose CommentsPermalink