```

[House Report 115-483]
[From the U.S. Government Publishing Office]

115th Congress }                                            { Report
                        HOUSE OF REPRESENTATIVES
 2nd Session   }                                            { 115-483

======================================================================

 
                      CYBER DIPLOMACY ACT OF 2017

                                _______
                                

January 3, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Royce of California, from the Committee on Foreign Affairs, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3776]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Foreign Affairs, to whom was referred the 
bill (H.R. 3776) to support United States international cyber 
diplomacy, and for other purposes, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill as amended do pass.

                           TABLE OF CONTENTS

                                                                   Page
The Amendment....................................................     1
Summary and Purpose..............................................     7
Background and Need for the Legislation..........................     8
Hearings.........................................................    10
Committee Consideration..........................................    10
Committee Oversight Findings.....................................    10
New Budget Authority, Tax Expenditures, and Federal Mandates.....    10
Congressional Budget Office Cost Estimate........................    10
Directed Rule Making.............................................    11
Non-Duplication of Federal Programs..............................    11
Performance Goals and Objectives.................................    12
Congressional Accountability Act.................................    12
New Advisory Committees..........................................    12
Earmark Identification...........................................    12
Section-by-Section Analysis......................................    12
Changes in Existing Law Made by the Bill, as Reported............    13

                             The Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Cyber Diplomacy Act of 2017''.

SEC. 2. FINDINGS.

  Congress finds the following:
          (1) The stated goal of the United States International 
        Strategy for Cyberspace, launched on May 16, 2011, is to ``work 
        internationally to promote an open, interoperable, secure, and 
        reliable information and communications infrastructure that 
        supports international trade and commerce, strengthens 
        international security, and fosters free expression and 
        innovation . . . in which norms of responsible behavior guide 
        States' actions, sustain partnerships, and support the rule of 
        law in cyberspace.''.
          (2) The Group of Governmental Experts (GGE) on Developments 
        in the Field of Information and Telecommunications in the 
        Context of International Security, established by the United 
        Nations General Assembly, concluded in its June 24, 2013, 
        report ``that State sovereignty and the international norms and 
        principles that flow from it apply to States' conduct of 
        [information and communications technology or ICT] related 
        activities and to their jurisdiction over ICT infrastructure 
        with their territory.''.
          (3) On January 13, 2015, China, Kazakhstan, Kyrgyzstan, 
        Russia, Tajikistan, and Uzbekistan proposed a troubling 
        international code of conduct for information security which 
        defines responsible State behavior in cyberspace to include 
        ``curbing the dissemination of information'' and the ``right to 
        independent control of information and communications 
        technology'' when a country's political security is threatened.
          (4) The July 22, 2015, GGE consensus report found that, 
        ``norms of responsible State behavior can reduce risks to 
        international peace, security and stability.''.
          (5) On September 25, 2015, the United States and China 
        announced a commitment ``that neither country's government will 
        conduct or knowingly support cyber-enabled theft of 
        intellectual property, including trade secrets or other 
        confidential business information, with the intent of providing 
        competitive advantages to companies or commercial sectors.''.
          (6) At the Antalya Summit from November 15-16, 2015, the 
        Group of 20 (G20) Leaders' Communique affirmed the 
        applicability of international law to State behavior in 
        cyberspace, called on States to refrain from cyber-enabled 
        theft of intellectual property for commercial gain, and 
        endorsed the view that all States should abide by norms of 
        responsible behavior.
          (7) The March 2016 Department of State International 
        Cyberspace Policy Strategy noted that, ``the Department of 
        State anticipates a continued increase and expansion of our 
        cyber-focused diplomatic efforts for the foreseeable future.''.
          (8) On December 1, 2016, the Commission on Enhancing National 
        Cybersecurity established within the Department of Commerce 
        recommended ``the President should appoint an Ambassador for 
        Cybersecurity to lead U.S. engagement with the international 
        community on cybersecurity strategies, standards, and 
        practices.''.
          (9) The 2017 Group of 7 (G7) Declaration on Responsible 
        States Behavior in Cyberspace recognized on April 11, 2017, 
        ``the urgent necessity of increased international cooperation 
        to promote security and stability in cyberspace . . . 
        consisting of the applicability of existing international law 
        to State behavior in cyberspace, the promotion of voluntary, 
        non-binding norms of responsible State behavior during 
        peacetime'' and reaffirmed ``that the same rights that people 
        have offline must also be protected online.''.
          (10) In testimony before the Select Committee on Intelligence 
        of the Senate on May 11, 2017, the Director of National 
        Intelligence identified six cyber threat actors, including 
        Russia for ``efforts to influence the 2016 US election''; 
        China, for ``actively targeting the US Government, its allies, 
        and US companies for cyber espionage''; Iran for 
        ``leverage[ing] cyber espionage, propaganda, and attacks to 
        support its security priorities, influence events and foreign 
        perceptions, and counter threats''; North Korea for 
        ``previously conduct[ing] cyber-attacks against US commercial 
        entities--specifically, Sony Pictures Entertainment in 2014''; 
        terrorists, who ``use the Internet to organize, recruit, spread 
        propaganda, raise funds, collect intelligence, inspire action 
        by followers, and coordinate operations''; and criminals who 
        ``are also developing and using sophisticated cyber tools for a 
        variety of purposes including theft, extortion, and 
        facilitation of other criminal activities''.
          (11) On May 11, 2017, President Trump issued Presidential 
        Executive Order 13800 on Strengthening the Cybersecurity of 
        Federal Networks and Infrastructure which designated the 
        Secretary of State to lead an interagency effort to develop 
        strategic options for the President to deter adversaries from 
        cyber threats and an engagement strategy for international 
        cooperation in cybersecurity, noting that ``the United States 
        is especially dependent on a globally secure and resilient 
        internet and must work with allies and other partners'' toward 
        maintaining ``the policy of the executive branch to promote an 
        open, interoperable, reliable, and secure internet that fosters 
        efficiency, innovation, communication, and economic prosperity, 
        while respecting privacy and guarding against deception, fraud, 
        and theft.''.

SEC. 3. UNITED STATES INTERNATIONAL CYBERSPACE POLICY.

  (a) In General.--Congress declares that it is the policy of the 
United States to work internationally with allies and other partners to 
promote an open, interoperable, reliable, unfettered, and secure 
internet governed by the multistakeholder model which promotes human 
rights, democracy, and rule of law, including freedom of expression, 
innovation, communication, and economic prosperity, while respecting 
privacy and guarding against deception, fraud, and theft.
  (b) Implementation.--In implementing the policy described in 
subsection (a), the President, in consultation with outside actors, 
including technology companies, nongovernmental organizations, security 
researchers, and other relevant stakeholders, shall pursue the 
following objectives in the conduct of bilateral and multilateral 
relations:
          (1) Clarifying the applicability of international laws and 
        norms, including the law of armed conflict, to the use of ICT.
          (2) Clarifying that countries that fall victim to malicious 
        cyber activities have the right to take proportionate 
        countermeasures under international law, provided such measures 
        do not violate a fundamental human right or peremptory norm.
          (3) Reducing and limiting the risk of escalation and 
        retaliation in cyberspace, such as massive denial-of-service 
        attacks, damage to critical infrastructure, or other malicious 
        cyber activity that impairs the use and operation of critical 
        infrastructure that provides services to the public.
          (4) Cooperating with like-minded democratic countries that 
        share common values and cyberspace policies with the United 
        States, including respect for human rights, democracy, and rule 
        of law, to advance such values and policies internationally.
          (5) Securing and implementing commitments on responsible 
        country behavior in cyberspace based upon accepted norms, 
        including the following:
                  (A) Countries should not conduct or knowingly support 
                cyber-enabled theft of intellectual property, including 
                trade secrets or other confidential business 
                information, with the intent of providing competitive 
                advantages to companies or commercial sectors.
                  (B) Countries should cooperate in developing and 
                applying measures to increase stability and security in 
                the use of ICTs and to prevent ICT practices that are 
                acknowledged to be harmful or that may pose threats to 
                international peace and security.
                  (C) Countries should take all appropriate and 
                reasonable efforts to keep their territories clear of 
                intentionally wrongful acts using ICTs in violation of 
                international commitments.
                  (D) Countries should not conduct or knowingly support 
                ICT activity that, contrary to international law, 
                intentionally damages or otherwise impairs the use and 
                operation of critical infrastructure, and should take 
                appropriate measures to protect their critical 
                infrastructure from ICT threats.
                  (E) Countries should not conduct or knowingly support 
                malicious international activity that, contrary to 
                international law, harms the information systems of 
                authorized emergency response teams (sometimes known as 
                ``computer emergency response teams'' or 
                ``cybersecurity incident response teams'') or related 
                private sector companies of another country.
                  (F) Countries should identify economic drivers and 
                incentives to promote securely-designed ICT products 
                and to develop policy and legal frameworks to promote 
                the development of secure internet architecture.
                  (G) Countries should respond to appropriate requests 
                for assistance to mitigate malicious ICT activity aimed 
                at the critical infrastructure of another country 
                emanating from their territory.
                  (H) Countries should not restrict cross-border data 
                flows or require local storage or processing of data.
                  (I) Countries should protect the exercise of human 
                rights and fundamental freedoms on the Internet and 
                commit to the principle that the human rights that 
                people have offline enjoy the same protections online.

SEC. 4. DEPARTMENT OF STATE RESPONSIBILITIES.

  (a) Office of Cyber Issues.--Section 1 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
          (1) by redesignating subsection (g) as subsection (h); and
          (2) by inserting after subsection (f) the following new 
        subsection:
  ``(g) Office of Cyber Issues.--
          ``(1) In general.--There is established an Office of Cyber 
        Issues (in this subsection referred to as the `Office'). The 
        head of the Office shall have the rank and status of ambassador 
        and be appointed by the President, by and with the advice and 
        consent of the Senate.
          ``(2) Duties.--
                  ``(A) In general.--The head of the Office shall 
                perform such duties and exercise such powers as the 
                Secretary of State shall prescribe, including 
                implementing the policy of the United States described 
                in section 3 of the Cyber Diplomacy Act of 2017.
                  ``(B) Duties described.--The principal duties of the 
                head of the Office shall be to--
                          ``(i) serve as the principal cyber-policy 
                        official within the senior management of the 
                        Department of State and advisor to the 
                        Secretary of State for cyber issues;
                          ``(ii) lead the Department of State's 
                        diplomatic cyberspace efforts generally, 
                        including relating to international 
                        cybersecurity, internet access, internet 
                        freedom, digital economy, cybercrime, 
                        deterrence and international responses to cyber 
                        threats;
                          ``(iii) promote an open, interoperable, 
                        reliable, unfettered, and secure information 
                        and communications technology infrastructure 
                        globally;
                          ``(iv) represent the Secretary of State in 
                        interagency efforts to develop and advance the 
                        United States international cyberspace policy;
                          ``(v) coordinate within the Department of 
                        State and with other components of the United 
                        States Government cyberspace efforts and other 
                        relevant functions, including countering 
                        terrorists' use of cyberspace; and
                          ``(vi) act as liaison to public and private 
                        sector entities on relevant cyberspace issues.
          ``(3) Qualifications.--The head of the Office should be an 
        individual of demonstrated competency in the field of--
                  ``(A) cybersecurity and other relevant cyber issues; 
                and
                  ``(B) international diplomacy.
          ``(4) Organizational placement.--The head of the Office shall 
        report to the Under Secretary for Political Affairs or official 
        holding a higher position in the Department of State.
          ``(5) Rule of construction.--Nothing in this subsection may 
        be construed as precluding--
                  ``(A) the Office from being elevated to a Bureau of 
                the Department of State; and
                  ``(B) the head of the Office from being elevated to 
                an Assistant Secretary, if such an Assistant Secretary 
                position does not increase the number of Assistant 
                Secretary positions at the Department above the number 
                authorized under subsection (c)(1).''.
  (b) Sense of Congress.--It is the sense of Congress that the Office 
of Cyber Issues established under section 1(g) of the State Department 
Basic Authorities Act of 1956 (as amended by subsection (a) of this 
section) should be a Bureau of the Department of State headed by an 
Assistant Secretary, subject to the rule of construction specified in 
paragraph (5)(B) of such section 1(g).
  (c) United Nations.--The Permanent Representative of the United 
States to the United Nations shall use the voice, vote, and influence 
of the United States to oppose any measure that is inconsistent with 
the United States international cyberspace policy described in section 
3.

SEC. 5. INTERNATIONAL CYBERSPACE EXECUTIVE ARRANGEMENTS.

  (a) In General.--The President is encouraged to enter into executive 
arrangements with foreign governments that support the United States 
international cyberspace policy described in section 3.
  (b) Transmission to Congress.--The text of any executive arrangement 
(including the text of any oral arrangement, which shall be reduced to 
writing) entered into by the United States under subsection (a) shall 
be transmitted to the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of the Senate 
not later than five days after such arrangement is signed or otherwise 
agreed to, together with an explanation of such arrangement, its 
purpose, how such arrangement is consistent with the United States 
international cyberspace policy described in section 3, and how such 
arrangement will be implemented.
  (c) Status Report.--Not later than one year after the text of an 
executive arrangement is transmitted to Congress pursuant to subsection 
(b) and annually thereafter for seven years, or until such an 
arrangement has been discontinued, the President shall report to the 
Committee on Foreign Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate on the status of such 
arrangement, including an evidence-based assessment of whether all 
parties to such arrangement have fulfilled their commitments under such 
arrangement and if not, what steps the United States has taken or plans 
to take to ensure all such commitments are fulfilled, whether the 
stated purpose of such arrangement is being achieved, and whether such 
arrangement positively impacts building of cyber norms internationally. 
Each such report shall include metrics to support its findings.
  (d) Existing Executive Arrangements.--Not later than 60 days after 
the date of the enactment of this Act, the President shall satisfy the 
requirements of subsection (c) for the following executive arrangements 
already in effect:
          (1) The arrangement announced between the United States and 
        Japan on April 25, 2014.
          (2) The arrangement announced between the United States and 
        the United Kingdom on January 16, 2015.
          (3) The arrangement announced between the United States and 
        China on September 25, 2015.
          (4) The arrangement announced between the United States and 
        Korea on October 16, 2015.
          (5) The arrangement announced between the United States and 
        Australia on January 19, 2016.
          (6) The arrangement announced between the United States and 
        India on June 7, 2016.
          (7) The arrangement announced between the United States and 
        Argentina on April 27, 2017.
          (8) The arrangement announced between the United States and 
        Kenya on June 22, 2017.
          (9) The arrangement announced between the United States and 
        Israel on June 26, 2017.
          (10) Any other similar bilateral or multilateral arrangement 
        announced before the date of the enactment of this Act.

SEC. 6. INTERNATIONAL STRATEGY FOR CYBERSPACE.

  (a) Strategy Required.--Not later than one year after the date of the 
enactment of this Act, the Secretary of State, in coordination with the 
heads of other relevant Federal departments and agencies, shall produce 
a strategy relating to United States international policy with regard 
to cyberspace.
  (b) Elements.--The strategy required under subsection (a) shall 
include the following:
          (1) A review of actions and activities undertaken to support 
        the United States international cyberspace policy described in 
        section 3.
          (2) A plan of action to guide the diplomacy of the Department 
        of State with regard to foreign countries, including conducting 
        bilateral and multilateral activities to develop the norms of 
        responsible international behavior in cyberspace, and status 
        review of existing efforts in multilateral fora to obtain 
        agreements on international norms in cyberspace.
          (3) A review of alternative concepts with regard to 
        international norms in cyberspace offered by foreign countries.
          (4) A detailed description of new and evolving threats to 
        United States national security in cyberspace from foreign 
        countries, State-sponsored actors, and private actors to 
        Federal and private sector infrastructure of the United States, 
        intellectual property in the United States, and the privacy of 
        citizens of the United States.
          (5) A review of policy tools available to the President to 
        deter and de-escalate tensions with foreign countries, State-
        sponsored actors, and private actors regarding threats in 
        cyberspace, and to what degree such tools have been used and 
        whether or not such tools have been effective.
          (6) A review of resources required to conduct activities to 
        build responsible norms of international cyber behavior.
          (7) A clarification of the applicability of international 
        laws and norms, including the law of armed conflict, to the use 
        of ICT.
          (8) A clarification that countries that fall victim to 
        malicious cyber activities have the right to take proportionate 
        countermeasures under international law, including exercising 
        the right to collective and individual self-defense.
          (9) A plan of action to guide the diplomacy of the Department 
        of State with regard to existing mutual defense agreements, 
        including the inclusion in such agreements of information 
        relating to the applicability of malicious cyber activities in 
        triggering mutual defense obligations.
  (c) Form of Strategy.--
          (1) Public availability.--The strategy required under 
        subsection (a) shall be available to the public in unclassified 
        form, including through publication in the Federal Register.
          (2) Classified annex.--
                  (A) In general.--If the Secretary of State determines 
                that such is appropriate, the strategy required under 
                subsection (a) may include a classified annex 
                consistent with United States national security 
                interests.
                  (B) Rule of construction.--Nothing in this subsection 
                may be construed as authorizing the public disclosure 
                of an unclassified annex under subparagraph (A).
  (d) Briefing.--Not later than 30 days after the production of the 
strategy required under subsection (a), the Secretary of State shall 
brief the Committee on Foreign Affairs of the House of Representatives 
and the Committee on Foreign Relations of the Senate on such strategy, 
including any material contained in a classified annex.
  (e) Updates.--The strategy required under subsection (a) shall be 
updated--
          (1) not later than 90 days after there has been any material 
        change to United States policy as described in such strategy; 
        and
          (2) not later than one year after each inauguration of a new 
        President.
  (f) Preexisting Requirement.--Upon the production and publication of 
the report required under section 3(c) of the Presidential Executive 
Order 13800 on Strengthening the Cybersecurity of Federal Networks and 
Critical Infrastructure on May 11, 2017, such report shall be 
considered as satisfying the requirement under subsection (a) of this 
section.

SEC. 7. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

  (a) Report Relating to Economic Assistance.--Section 116 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151n) is amended by adding 
at the end the following new subsection:
  ``(h)(1) The report required by subsection (d) shall include an 
assessment of freedom of expression with respect to electronic 
information in each foreign country. Such assessment shall consist of 
the following:
          ``(A) An assessment of the extent to which government 
        authorities in each country inappropriately attempt to filter, 
        censor, or otherwise block or remove nonviolent expression of 
        political or religious opinion or belief via the internet, 
        including electronic mail, as well as a description of the 
        means by which such authorities attempt to block or remove such 
        expression.
          ``(B) An assessment of the extent to which government 
        authorities in each country have persecuted or otherwise 
        punished an individual or group for the nonviolent expression 
        of political, religious, or ideological opinion or belief via 
        the internet, including electronic mail.
          ``(C) An assessment of the extent to which government 
        authorities in each country have sought to inappropriately 
        collect, request, obtain, or disclose personally identifiable 
        information of a person in connection with such person's 
        nonviolent expression of political, religious, or ideological 
        opinion or belief, including expression that would be protected 
        by the International Covenant on Civil and Political Rights.
          ``(D) An assessment of the extent to which wire 
        communications and electronic communications are monitored 
        without regard to the principles of privacy, human rights, 
        democracy, and rule of law.
  ``(2) In compiling data and making assessments for the purposes of 
paragraph (1), United States diplomatic personnel shall consult with 
human rights organizations, technology and internet companies, and 
other appropriate nongovernmental organizations.
  ``(3) In this subsection--
          ``(A) the term `electronic communication' has the meaning 
        given such term in section 2510 of title 18, United States 
        Code;
          ``(B) the term `internet' has the meaning given such term in 
        section 231(e)(3) of the Communications Act of 1934 (47 U.S.C. 
        231(e)(3));
          ``(C) the term `personally identifiable information' means 
        data in a form that identifies a particular person; and
          ``(D) the term `wire communication' has the meaning given 
        such term in section 2510 of title 18, United States Code.''.
  (b) Report Relating to Security Assistance.--Section 502B of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended--
          (1) by redesignating the second subsection (i) (relating to 
        child marriage status) as subsection (j); and
          (2) by adding at the end the following new subsection:
  ``(k)(1) The report required by subsection (b) shall include an 
assessment of freedom of expression with respect to electronic 
information in each foreign country. Such assessment shall consist of 
the following:
          ``(A) An assessment of the extent to which government 
        authorities in each country inappropriately attempt to filter, 
        censor, or otherwise block or remove nonviolent expression of 
        political or religious opinion or belief via the internet, 
        including electronic mail, as well as a description of the 
        means by which such authorities attempt to block or remove such 
        expression.
          ``(B) An assessment of the extent to which government 
        authorities in each country have persecuted or otherwise 
        punished an individual or group for the nonviolent expression 
        of political, religious, or ideological opinion or belief via 
        the internet, including electronic mail.
          ``(C) An assessment of the extent to which government 
        authorities in each country have sought to inappropriately 
        collect, request, obtain, or disclose personally identifiable 
        information of a person in connection with such person's 
        nonviolent expression of political, religious, or ideological 
        opinion or belief, including expression that would be protected 
        by the International Covenant on Civil and Political Rights.
          ``(D) An assessment of the extent to which wire 
        communications and electronic communications are monitored 
        without regard to the principles of privacy, human rights, 
        democracy, and rule of law.
  ``(2) In compiling data and making assessments for the purposes of 
paragraph (1), United States diplomatic personnel shall consult with 
human rights organizations, technology and internet companies, and 
other appropriate nongovernmental organizations.
  ``(3) In this subsection--
          ``(A) the term `electronic communication' has the meaning 
        given such term in section 2510 of title 18, United States 
        Code;
          ``(B) the term `internet' has the meaning given such term in 
        section 231(e)(3) of the Communications Act of 1934 (47 U.S.C. 
        231(e)(3));
          ``(C) the term `personally identifiable information' means 
        data in a form that identifies a particular person; and
          ``(D) the term `wire communication' has the meaning given 
        such term in section 2510 of title 18, United States Code.''.

                          Summary and Purpose

    H.R. 3776, the Cyber Diplomacy Act, seeks to ensure robust 
U.S. international engagement on emerging cyberspace issues and 
in support of an open, interoperable, unfettered, reliable and 
secure internet. To do this, the bill articulates a United 
States international cyberspace policy guided by the 
multistakeholder model that advances democratic principles and 
rejects attempts by authoritarian regimes to exert more control 
and censorship over the internet. In implementing this policy, 
the bill requires the President to pursue specific objectives 
in the conduct of bilateral and multilateral relations, 
including securing and implementing commitments on responsible 
country behavior in cyberspace based upon accepted norms. 
Additionally, the legislation establishes a high-level 
Ambassador for Cyberspace to lead the State Department's cyber 
diplomacy efforts and directs the U.S. Ambassador to the United 
Nations to advance United States international cyberspace 
policy. To improve congressional oversight of executive 
arrangements with foreign governments that support the United 
States international cyberspace policy, H.R. 3776 establishes a 
congressional notification process for preexisting and future 
arrangements and requires each new President to update the 
United States international strategy for cyberspace. Finally, 
the bill requires the State Department's annual country report 
on human rights to include assessments related to internet 
freedoms.

                Background and Need for the Legislation

    Malicious cyber activities by state and non-state actors 
threaten U.S. foreign policy, security, and economic interests 
around the globe. The 2017 Worldwide Threat Assessment of the 
United States Intelligence Community stated, ``Our adversaries 
are becoming more adept at using cyberspace to threaten our 
interests and advance their own, and despite improving our 
cyber defenses, nearly all information, communication networks, 
and systems will be at risk for years.'' Vulnerabilities to 
information communication technology (ICT) are no longer 
theoretical. In testimony before the Select Committee on 
Intelligence of the Senate on May 11, 2017, the Director of 
National Intelligence identified six cyber threat actors, 
including Russia for ``efforts to influence the 2016 US 
election;'' China, for ``actively targeting the US Government, 
its allies, and US companies for cyber espionage;'' Iran for 
``leverage[ing] cyber espionage, propaganda, and attacks to 
support its security priorities, influence events and foreign 
perceptions, and counter threats;'' North Korea for 
``previously conduct[ing] cyber-attacks against US commercial 
entities--specifically, Sony Pictures Entertainment in 2014;'' 
terrorists, who ``use the Internet to organize, recruit, spread 
propaganda, raise funds, collect intelligence, inspire action 
by followers, and coordinate operations;'' and criminals who 
``are also developing and using sophisticated cyber tools for a 
variety of purposes including theft, extortion, and 
facilitation of other criminal activities.''
    In 2015, hackers stole the personnel files of some 20 
million current and former Federal employees in a massive data 
breach of the Office of Personnel Management (OPM). The WanaCry 
and Petya ransomware attacks in 2017 demonstrate the reach of 
hackers who affected millions of computers in over 150 
countries, crippling hospitals and halting international 
shipping. Cybercrime is estimated to cost $450 billion each 
year to the economy globally. Research indicates that number 
could climb to $2 trillion by 2019.
    The State Department plays a critical role in promoting an 
open, interoperable, unfettered, reliable, and secure 
cyberspace by de-escalating cyber tensions with foreign 
countries through the development of international norms of 
responsible state behavior in cyberspace, and deterring 
malicious actors from carrying out destructive cyber 
operations. In recognition of the growing challenges in 
cyberspace and the importance of a whole-of-government approach 
to addressing them, the State Department established the Office 
of the Coordinator for Cyber Issues in 2011 to lead the 
Department's engagement on cybersecurity and other cyber 
issues. The first of its kind in any foreign ministry in the 
world, the Coordinator was housed within the Office of the 
Secretary of State, giving it the functional status of an 
Assistant Secretary. However, the position was not subject to 
Senate confirmation and was never formally authorized in 
statute.
    Since its establishment, Office of the Coordinator for 
Cyber Issues launched ``whole of government'' cyber dialogues 
with numerous countries, designed and carried out regional 
capacity building initiatives, worked to reduce cyber threats 
worldwide by combatting operational threats such as Distributed 
Denial of Service and large-scale cyber intrusions for the 
purposes of stealing intellectual property and proprietary 
business information. For example, the U.S. and China agreed in 
2015 not to conduct cyber espionage for commercial gain against 
each other.
    The Office of the Coordinator for Cyber Issues has also 
worked diplomatically to build a consensus around the U.S. 
vision of an open, interoperable, secure and reliable 
cyberspace, as laid out in the 2011 International Strategy for 
Cyberspace and reaffirmed by Executive Order 138000 on May 11, 
2017. Central to this effort is the promotion of an 
international framework of cyber stability that includes 
building a consensus around norms of acceptable behavior and 
reaching agreement on transparency and confidence-building 
measures designed to reduce the risk of miscalculation that 
could inadvertently lead to conflict in cyberspace. In 2013, 
the United Nations (UN) group of government experts (GGE) 
agreed that international law, including the UN Charter, 
applies to state activity in cyberspace. In 2015, the same 
group agreed to four peacetime norms promoted by the U.S.: (1) 
states should not interfere with each other's critical 
infrastructure; (2) they should not target each other's 
computer emergency response teams (CERT); (3) they should 
assist other nations investigating cyberattacks; and (4) they 
are responsible for actions that originate from their 
territory.
    Executive Order 13800 recognizes the State Department's 
important contributions to the nation's cybersecurity by 
charging the Secretary of State with leading an inter-agency 
effort to develop recommendations for the President on (1) 
strategic options for deterring adversaries and better 
protecting the American people from cyber threats; and (2) an 
engagement strategy for international cooperation in 
cybersecurity. Despite the prominent role assigned to the 
Department by the President's Executive Order, Secretary 
Tillerson notified Congress of his intention to downgrade the 
Office of the Coordinator for Cyber Issues and merge it into an 
existing office within the Bureau of Economic and Business 
Affairs.
    At a full committee hearing on September 26, 2017, Members 
questioned Deputy Secretary Sullivan about placing the 
Department's cyber diplomacy functions within the Bureau of 
Economic and Business Affairs and expressed a desire for the 
Department to have continued high-level leadership focused on 
the whole range of cyber issues not relegated just to 
economics, but also including cybersecurity, internet access, 
online rights, deterrence, and cyber crime. Representative 
Wilson and Representative McCaul reminded the Deputy Secretary 
that the House passed the Digital Global Access Policy Act (or 
the Digital GAP Act) with broad bipartisan support in 2016 and 
2017, expressing the Sense of Congress that there should be an 
Assistant Secretary for Cyberspace to lead the Department's 
diplomatic cyberspace policy. The Deputy Secretary responded 
that ``the final decision about where and at what level we will 
place the cybersecurity responsibility hasn't been decided'' 
and said that he ``had a number of conversations [with 
Secretary Tillerson] about the need to elevate this issue 
within the State Department, cyber broadly defined, not only 
our cyber defense but our cyber diplomacy,'' concluding that 
his ``expectation is that as part of our redesign, we will 
elevate to a Senate-confirm level the role.''

                                Hearings

    The committee held a hearing in 2015, entitled ``Cyber War: 
Definitions, Deterrence, and Foreign Policy'' with a private 
sector panel. In July 2017, the committee noticed a hearing on 
``U.S. Cyber Diplomacy'' with the Coordinator for Cyber Issues 
which was cancelled after the State Department informed the 
committee that the Coordinator would not be available. 
Additionally, the Subcommittee on Asia and the Pacific held a 
hearing in April 2017 on ``China's Technological Rise: 
Challenges to U.S. Innovation and Security'' related to the 
contents of H.R. 3776.

                        Committee Consideration

    On November 15, 2017, the Committee on Foreign Affairs 
marked up H.R. 3776 in open session, pursuant to notice. An 
amendment in the nature of a substitute (offered by Chairman 
Royce) and three amendments to that amendment in the nature of 
a substitute (offered by Mr. Castro, Mr. McCaul, and Mr. 
Schneider) were considered en bloc with the underlying bill, 
and were agreed to by voice vote.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of Rules of 
the House of Representatives, the committee reports that 
findings and recommendations of the committee, based on 
oversight activities under clause 2(b)(1) of House Rule X, are 
incorporated in the descriptive portions of this report, 
particularly in the ``Background and Need for the Legislation'' 
and ``Section-by-Section Analysis'' sections.

      New Budget Authority, Tax Expenditures, and Federal Mandates

    In compliance with clause 3(c)(2) of House Rule XIII and 
the Unfunded Mandates Reform Act (P.L. 104-4), the committee 
adopts as its own the estimate of new budget authority, 
entitlement authority, tax expenditure or revenues, and Federal 
mandates contained in the cost estimate prepared by the 
Director of the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, December 14, 2017.

Hon. Edward R. Royce, Chairman,
Committee on Foreign Affairs,
House of Representatives, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3776, the Cyber 
Diplomacy Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sunita 
D'Monte, who can be reached at 226-2840.
            Sincerely,
                                                Keith Hall.
Enclosure

cc:
        Honorable Eliot L. Engel
        Ranking Member
H.R. 3776--Cyber Diplomacy Act of 2017
    As ordered reported by the House Committee on Foreign 
Affairs on November 15, 2017.

    H.R. 3776 would codify the role and responsibilities of an 
existing office within the Department of State that works to 
advance U.S. interests in cyberspace and coordinates U.S. 
efforts to promote open, reliable, and secure communications 
technology. In addition, the bill would require briefings or 
reports to the Congress on:

         LExecutive agreements on cyberspace policy 
        made with other countries;
         LUpdates to an existing international policy 
        on cyberspace; and
         LFreedom of expression through electronic 
        means in foreign countries.

    The department indicated that implementing H.R. 3776 would 
not change the current policies and practices of the office nor 
would it impose any additional costs. Using information about 
the costs of similar reports, CBO estimates that implementing 
the reporting requirements under H.R. 3776 would cost less than 
$500,000 over the 2018-2022 period; such spending would be 
subject to the availability of appropriated funds.
    Enacting H.R. 3776 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 3776 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 3776 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Sunita D'Monte. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                          Directed Rule Making

    Pursuant to clause 3(c) of House Rule XIII, as modified by 
section 3(i) of H. Res. 5 during the 115th Congress, the 
committee notes that H.R. 3776 contains no directed rule-making 
provisions.

                  Non-Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of House Rule XIII, the 
committee states that no provision of this bill establishes or 
reauthorizes a program of the Federal Government known to be 
duplicative of another Federal program, a program that was 
included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most 
recent Catalog of Federal Domestic Assistance.

                    Performance Goals and Objectives

    The objective of this legislation is to bolster American 
leadership on international cyberspace efforts, including by 
encouraging the President to leverage the expertise of various 
stakeholders to secure and implement international commitments 
on responsible state behavior in cyberspace based upon norms. 
The overriding goal is to ensure that the internet is open, 
interoperable, reliable, and secure. Section 5 of the Act 
requires the President to transmit to Congress the details of 
any executive arrangements entered into by the United States 
with foreign governments in support of such commitments, 
including annual status reports which shall include an 
evidence-based assessment of whether all parties to such 
arrangement have fulfilled their commitments under such 
arrangement including metrics to support such findings. This 
will enable Congress to conduct effective oversight of 
performance and results.

                    Congressional Accountability Act

    H.R. 3776 does not apply to terms and conditions of 
employment or to access to public services or accommodations 
within the legislative branch.

                        New Advisory Committees

    H.R. 3776 does not establish or authorize any new advisory 
committees.

                         Earmark Identification

    H.R. 3776 contains no congressional earmarks, limited tax 
benefits, or limited tariff benefits as described in clauses 
9(e), 9(f), and 9(g) of House Rule XXI.

                      Section-by-Section Analysis

    Section 1. Short Title. The bill may be cited as the 
``Cyber Diplomacy Act of 2017''.
    Section 2. Findings. Includes 11 congressional findings.
    Section 3. United States International Cyberspace Policy. 
Establishes the United States international cyberspace policy, 
guided by the ``multistakeholder model'' that rejects Russia 
and China's concept of government-led ``cyber sovereignty'' and 
specifies five key objectives for the President to pursue in 
implementing such policy, such as securing commitments on 
responsible country behavior in cyberspace based upon norms 
outlined in the bill.
    Section 4. Department of State Responsibilities. Amends the 
State Department Basic Authorities Act of 1956 (22 U.S.C. 
2651a) to establish an Office of Cyber Issues headed by an 
Ambassador who shall report to the Under Secretary for 
Political Affairs or official holding a higher position in the 
Department of State and expresses the sense of Congress that 
the Office should be a Bureau of the Department headed by an 
Assistant Secretary. This section also directs the U.S. 
Permanent Representative at the United Nations to use the 
voice, vote, and influence of the United States to oppose 
measures that are inconsistent with and not reflective of the 
international cyberspace policy established under Section 3.
    The establishment of the Office of Cyber Issues by this 
section shall not be construed as duplicating any other 
offices, positions or functions in effect at the Department of 
State. Rather, the Office of Cyber Issues shall be the sole 
office with the primary responsibility for the duties described 
in this section.
    Section 5. International Cyberspace Agreements. Encourages 
the President to enter into arrangements with foreign 
governments to support the United States international 
cyberspace policy established under Section 3 and establishes a 
congressional notification process for preexisting and future 
arrangements which shall include an evidence-based assessment 
of whether all parties to such arrangements have fulfilled 
their commitments and if not, what steps the United States has 
taken or plans to take to ensure all such commitments are 
fulfilled, whether the stated purpose of such arrangement is 
being achieved, and whether such arrangement positively impacts 
building of cyber norms internationally.
    Section 6. International Strategy for Cyberspace. Requires 
each new President to produce a comprehensive strategy relating 
to the United States international strategy with regard to 
cyberspace.
    Section 7. Annual Country Reports on Human Rights 
Practices. Requires the State Department's annual country 
report on human rights to include assessments related to 
Internet freedoms.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

             STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956

           *       *       *       *       *       *       *
                  TITLE I--BASIC AUTHORITIES GENERALLY

                organization of the department of state

  Section 1. (a) Secretary of State.--
          (1) The Department of State shall be administered, in 
        accordance with this Act and other provisions of law, 
        under the supervision and direction of the Secretary of 
        State (hereinafter referred to as the ``Secretary'').
          (2) The Secretary, the Deputy Secretary of State, and 
        the Deputy Secretary of State for Management and 
        Resources shall be appointed by the President, by and 
        with the advice and consent of the Senate.
          (3)(A) Notwithstanding any other provision of law and 
        except as provided in this section, the Secretary shall 
        have and exercise any authority vested by law in any 
        office or official of the Department of State. The 
        Secretary shall administer, coordinate, and direct the 
        Foreign Service of the United States and the personnel 
        of the Department of State, except where authority is 
        inherent in or vested in the President.
          (B)(i) The Secretary shall not have the authority of 
        the Inspector General or the Chief Financial Officer.
          (ii) The Secretary shall not have any authority given 
        expressly to diplomatic or consular officers.
          (4) The Secretary is authorized to promulgate such 
        rules and regulations as may be necessary to carry out 
        the functions of the Secretary of State and the 
        Department of State. Unless otherwise specified in law, 
        the Secretary may delegate authority to perform any of 
        the functions of the Secretary or the Department to 
        officers and employees under the direction and 
        supervision of the Secretary. The Secretary may 
        delegate the authority to redelegate any such 
        functions.
  (b) Under Secretaries.--
          (1) In general.--There shall be in the Department of 
        State not more than 6 Under Secretaries of State, who 
        shall be appointed by the President, by and with the 
        advice and consent of the Senate, and who shall be 
        compensated at the rate provided for at level III of 
        the Executive Schedule under section 5314 of title 5, 
        United States Code.
          (2) Under secretary for arms control and 
        international security.--There shall be in the 
        Department of State, among the Under Secretaries 
        authorized by paragraph (1), an Under Secretary for 
        Arms Control and International Security, who shall 
        assist the Secretary and the Deputy Secretary in 
        matters related to international security policy, arms 
        control, and nonproliferation. Subject to the direction 
        of the President, the Under Secretary may attend and 
        participate in meetings of the National Security 
        Council in his role as Senior Advisor to the President 
        and the Secretary of State on Arms Control and 
        Nonproliferation Matters.
          (3) Under secretary for public diplomacy.--There 
        shall be in the Department of State, among the Under 
        Secretaries authorized by paragraph (1), an Under 
        Secretary for Public Diplomacy, who shall have primary 
        responsibility to assist the Secretary and the Deputy 
        Secretary in the formation and implementation of United 
        States public diplomacy policies and activities, 
        including international educational and cultural 
        exchange programs, information, and international 
        broadcasting. The Under Secretary for Public Diplomacy 
        shall--
                  (A) prepare an annual strategic plan for 
                public diplomacy in collaboration with overseas 
                posts and in consultation with the regional and 
                functional bureaus of the Department;
                  (B) ensure the design and implementation of 
                appropriate program evaluation methodologies;
                  (C) provide guidance to Department personnel 
                in the United States and overseas who conduct 
                or implement public diplomacy policies, 
                programs, and activities;
                  (D) assist the United States Agency for 
                International Development and the Broadcasting 
                Board of Governors to present the policies of 
                the United States clearly and effectively; and
                  (E) submit statements of United States policy 
                and editorial material to the Broadcasting 
                Board of Governors for broadcast consideration.
          (4) Nomination of Under Secretaries.--Whenever the 
        President submits to the Senate a nomination of an 
        individual for appointment to a position in the 
        Department of State that is described in paragraph (1), 
        the President shall designate the particular Under 
        Secretary position in the Department of State that the 
        individual shall have.
  (c) Assistant Secretaries.--
          (1) In general.--There shall be in the Department of 
        State not more than 24 Assistant Secretaries of State 
        who shall be compensated at the rate provided for at 
        level IV of the Executive Schedule under section 5315 
        of title 5. Each Assistant Secretary of State shall be 
        appointed by the President, by and with the advice and 
        consent of the Senate, except that the appointments of 
        the Assistant Secretary for Public Affairs and the 
        Assistant Secretary for Administration shall not be 
        subject to the advice and consent of the Senate.
          (2) Assistant secretary of state for democracy, human 
        rights, and labor.--(A) There shall be in the 
        Department of State an Assistant Secretary of State for 
        Democracy, Human Rights, and Labor who shall be 
        responsible to the Secretary of State for matters 
        pertaining to human rights and humanitarian affairs 
        (including matters relating to prisoners of war and 
        members of the United States Armed Forces missing in 
        action) in the conduct of foreign policy and such other 
        related duties as the Secretary may from time to time 
        designate. The Secretary of State shall carry out the 
        Secretary's responsibility under section 502B of the 
        Foreign Assistance Act of 1961 through the Assistant 
        Secretary.
          (B) The Assistant Secretary of State for Democracy, 
        Human Rights, and Labor shall maintain continuous 
        observation and review all matters pertaining to human 
        rights and humanitarian affairs (including matters 
        relating to prisoners of war and members of the United 
        States Armed Forces missing in action) in the conduct 
        of foreign policy including the following:
                  (i) Gathering detailed information regarding 
                humanitarian affairs and the observance of and 
                respect for internationally recognized human 
                rights in each country to which requirements of 
                sections 116 and 502B of the Foreign Assistance 
                Act of 1961 are relevant.
                  (ii) Preparing the statements and reports to 
                Congress required under section 502B of the 
                Foreign Assistance Act of 1961.
                  (iii) Making recommendations to the Secretary 
                of State and the Administrator of the Agency 
                for International Development regarding 
                compliance with sections 116 and 502B of the 
                Foreign Assistance Act of 1961, and as part of 
                the Assistant Secretary's overall policy 
                responsibility for the creation of United 
                States Government human rights policy, advising 
                the Administrator of the Agency for 
                International Development on the policy 
                framework under which section 116(e) projects 
                are developed and consulting with the 
                Administrator on the selection and 
                implementation of such projects.
                  (iv) Performing other responsibilities which 
                serve to promote increased observance of 
                internationally recognized human rights by all 
                countries.
          (3) Nomination of Assistant Secretaries.--Whenever 
        the President submits to the Senate a nomination of an 
        individual for appointment to a position in the 
        Department of State that is described in paragraph (1), 
        the President shall designate the regional or 
        functional bureau or bureaus of the Department of State 
        with respect to which the individual shall have 
        responsibility.
  (d) Other Senior Officials.--In addition to officials of the 
Department of State who are otherwise authorized to be 
appointed by the President, by and with the advice and consent 
of the Senate, and to be compensated at level IV of the 
Executive Schedule of section 5315 of title 5, United States 
Code, four other such appointments are authorized.
  (e) Coordinator for Counterterrorism.--
          (1) In general.--There is within the office of the 
        Secretary of State a Coordinator for Counterterrorism 
        (in this paragraph referred to as the ``Coordinator'') 
        who shall be appointed by the President, by and with 
        the advice and consent of the Senate.
          (2) Duties.--
                  (A) In general.--The Coordinator shall 
                perform such duties and exercise such powers as 
                the Secretary of State shall prescribe.
                  (B) Duties described.--The principal duty of 
                the Coordinator shall be the overall 
                supervision (including policy oversight of 
                resources) of international counterterrorism 
                activities. The Coordinator shall be the 
                principal adviser to the Secretary of State on 
                international counterterrorism matters. The 
                Coordinator shall be the principal 
                counterterrorism official within the senior 
                management of the Department of State and shall 
                report directly to the Secretary of State.
          (3) Rank and status of ambassador.--The Coordinator 
        shall have the rank and status of Ambassador at Large.
  (f) HIV/AIDS Response Coordinator.--
          (1) In general.--There shall be established within 
        the Department of State in the immediate office of the 
        Secretary of State a Coordinator of United States 
        Government Activities to Combat HIV/AIDS Globally, who 
        shall be appointed by the President, by and with the 
        advice and consent of the Senate. The Coordinator shall 
        report directly to the Secretary.
          (2) Authorities and duties; definitions.--
                  (A) Authorities.--The Coordinator, acting 
                through such nongovernmental organizations 
                (including faith-based and community-based 
                organizations), partner country finance, 
                health, and other relevant ministries, and 
                relevant executive branch agencies as may be 
                necessary and appropriate to effect the 
                purposes of this section, is authorized--
                          (i) to operate internationally to 
                        carry out prevention, care, treatment, 
                        support, capacity development, and 
                        other activities for combatting HIV/
                        AIDS;
                          (ii) to transfer and allocate funds 
                        to relevant executive branch agencies; 
                        and
                          (iii) to provide grants to, and enter 
                        into contracts with, nongovernmental 
                        organizations (including faith-based 
                        and community-based organizations), 
                        partner country finance, health, and 
                        other relevant ministries, to carry out 
                        the purposes of section.
                  (B) Duties.--
                          (i) In general.--The Coordinator 
                        shall have primary responsibility for 
                        the oversight and coordination of all 
                        resources and international activities 
                        of the United States Government to 
                        combat the HIV/AIDS pandemic, including 
                        all programs, projects, and activities 
                        of the United States Government 
                        relating to the HIV/AIDS pandemic under 
                        the United States Leadership Against 
                        HIV/AIDS, Tuberculosis, and Malaria Act 
                        of 2003 or any amendment made by that 
                        Act.
                          (ii) Specific duties.--The duties of 
                        the Coordinator shall specifically 
                        include the following:
                                  (I) Ensuring program and 
                                policy coordination among the 
                                relevant executive branch 
                                agencies and nongovernmental 
                                organizations, including 
                                auditing, monitoring, and 
                                evaluation of all such 
                                programs.
                                  (II) Ensuring that each 
                                relevant executive branch 
                                agency undertakes programs 
                                primarily in those areas where 
                                the agency has the greatest 
                                expertise, technical 
                                capabilities, and potential for 
                                success.
                                  (III) Avoiding duplication of 
                                effort.
                                  (IV) Establishing an 
                                interagency working group on 
                                HIV/AIDS headed by the Global 
                                AIDS Coordinator and comprised 
                                of representatives from the 
                                United States Agency for 
                                International Development and 
                                the Department of Health and 
                                Human Services, for the 
                                purposes of coordination of 
                                activities relating to HIV/
                                AIDS, including--
                                          (aa) meeting 
                                        regularly to review 
                                        progress in partner 
                                        countries toward HIV/
                                        AIDS prevention, 
                                        treatment, and care 
                                        objectives;
                                          (bb) participating in 
                                        the process of 
                                        identifying countries 
                                        to consider for 
                                        increased assistance 
                                        based on the 
                                        epidemiology of HIV/
                                        AIDS in those 
                                        countries, including 
                                        clear evidence of a 
                                        public health threat, 
                                        as well as government 
                                        commitment to address 
                                        the HIV/AIDS problem, 
                                        relative need, and 
                                        coordination and joint 
                                        planning with other 
                                        significant actors;
                                          (cc) assisting the 
                                        Coordinator in the 
                                        evaluation, execution, 
                                        and oversight of 
                                        country operational 
                                        plans;
                                          (dd) reviewing 
                                        policies that may be 
                                        obstacles to reaching 
                                        targets set forth for 
                                        HIV/AIDS prevention, 
                                        treatment, and care; 
                                        and
                                          (ee) consulting with 
                                        representatives from 
                                        additional relevant 
                                        agencies, including the 
                                        National Institutes of 
                                        Health, the Health 
                                        Resources and Services 
                                        Administration, the 
                                        Department of Labor, 
                                        the Department of 
                                        Agriculture, the 
                                        Millennium Challenge 
                                        Corporation, the Peace 
                                        Corps, and the 
                                        Department of Defense.
                                  (V) Coordinating overall 
                                United States HIV/AIDS policy 
                                and programs, including 
                                ensuring the coordination of 
                                relevant executive branch 
                                agency activities in the field, 
                                with efforts led by partner 
                                countries, and with the 
                                assistance provided by other 
                                relevant bilateral and 
                                multilateral aid agencies and 
                                other donor institutions to 
                                promote harmonization with 
                                other programs aimed at 
                                preventing and treating HIV/
                                AIDS and other health 
                                challenges, improving primary 
                                health, addressing food 
                                security, promoting education 
                                and development, and 
                                strengthening health care 
                                systems.
                                  (VI) Resolving policy, 
                                program, and funding disputes 
                                among the relevant executive 
                                branch agencies.
                                  (VII) Holding annual 
                                consultations with 
                                nongovernmental organizations 
                                in partner countries that 
                                provide services to improve 
                                health, and advocating on 
                                behalf of the individuals with 
                                HIV/AIDS and those at 
                                particular risk of contracting 
                                HIV/AIDS, including 
                                organizations with members who 
                                are living with HIV/AIDS.
                                  (VIII) Ensuring, through 
                                interagency and international 
                                coordination, that HIV/AIDS 
                                programs of the United States 
                                are coordinated with, and 
                                complementary to, the delivery 
                                of related global health, food 
                                security, development, and 
                                education.
                                  (IX) Directly approving all 
                                activities of the United States 
                                (including funding) relating to 
                                combatting HIV/AIDS in each of 
                                Botswana, Cote d'Ivoire, 
                                Ethiopia, Guyana, Haiti, Kenya, 
                                Mozambique, Namibia, Nigeria, 
                                Rwanda, South Africa, Tanzania, 
                                Uganda, Vietnam, Zambia, and 
                                other countries designated by 
                                the President, which other 
                                designated countries may 
                                include those countries in 
                                which the United States is 
                                implementing HIV/AIDS programs 
                                as of the date of the enactment 
                                of the United States Leadership 
                                Against HIV/AIDS, Tuberculosis, 
                                and Malaria Act of 2003 and 
                                other countries in which the 
                                United States is implementing 
                                HIV/AIDS programs as part of 
                                its foreign assistance program. 
                                In designating additional 
                                countries under this 
                                subparagraph, the President 
                                shall give priority to those 
                                countries in which there is a 
                                high prevalence of HIV or risk 
                                of significantly increasing 
                                incidence of HIV within the 
                                general population and 
                                inadequate financial means 
                                within the country.
                                  (X) Working with partner 
                                countries in which the HIV/AIDS 
                                epidemic is prevalent among 
                                injection drug users to 
                                establish, as a national 
                                priority, national HIV/AIDS 
                                prevention programs.
                                  (XI) Working with partner 
                                countries in which the HIV/AIDS 
                                epidemic is prevalent among 
                                individuals involved in 
                                commercial sex acts to 
                                establish, as a national 
                                priority, national prevention 
                                programs, including education, 
                                voluntary testing, and 
                                counseling, and referral 
                                systems that link HIV/AIDS 
                                programs with programs to 
                                eradicate trafficking in 
                                persons and support 
                                alternatives to prostitution.
                                  (XII) Establishing due 
                                diligence criteria for all 
                                recipients of funds 
                                appropriated for HIV/ AIDS 
                                assistance pursuant to the 
                                authorization of appropriations 
                                under section 401 of the United 
                                States Leadership Against HIV/
                                AIDS, Tuberculosis, and Malaria 
                                Act of 2003 (22 U.S.C. 7671) 
                                and all activities subject to 
                                the coordination and 
                                appropriate monitoring, 
                                evaluation, and audits carried 
                                out by the Coordinator 
                                necessary to assess the 
                                measurable outcomes of such 
                                activities.
                                  (XIII) Publicizing updated 
                                drug pricing data to inform the 
                                purchasing decisions of 
                                pharmaceutical procurement 
                                partners.
                  (C) Definitions.--In this paragraph:
                          (i) AIDS.--The term ``AIDS'' means 
                        acquired immune deficiency syndrome.
                          (ii) HIV.--The term ``HIV'' means the 
                        human immunodeficiency virus, the 
                        pathogen that causes AIDS.
                          (iii) HIV/AIDS.--The term ``HIV/
                        AIDS'' means, with respect to an 
                        individual, an individual who is 
                        infected with HIV or living with AIDS.
                          (iv) Relevant executive branch 
                        agencies.--The term ``relevant 
                        executive branch agencies'' means the 
                        Department of State, the United States 
                        Agency for International Development, 
                        the Department of Health and Human 
                        Services (including the Public Health 
                        Service), and any other department or 
                        agency of the United States that 
                        participates in international HIV/AIDS 
                        activities pursuant to the authorities 
                        of such department or agency or this 
                        Act.
  (g) Office of Cyber Issues.--
          (1) In general.--There is established an Office of 
        Cyber Issues (in this subsection referred to as the 
        ``Office''). The head of the Office shall have the rank 
        and status of ambassador and be appointed by the 
        President, by and with the advice and consent of the 
        Senate.
          (2) Duties.--
                  (A) In general.--The head of the Office shall 
                perform such duties and exercise such powers as 
                the Secretary of State shall prescribe, 
                including implementing the policy of the United 
                States described in section 3 of the Cyber 
                Diplomacy Act of 2017.
                  (B) Duties described.--The principal duties 
                of the head of the Office shall be to--
                          (i) serve as the principal cyber-
                        policy official within the senior 
                        management of the Department of State 
                        and advisor to the Secretary of State 
                        for cyber issues;
                          (ii) lead the Department of State's 
                        diplomatic cyberspace efforts 
                        generally, including relating to 
                        international cybersecurity, internet 
                        access, internet freedom, digital 
                        economy, cybercrime, deterrence and 
                        international responses to cyber 
                        threats;
                          (iii) promote an open, interoperable, 
                        reliable, unfettered, and secure 
                        information and communications 
                        technology infrastructure globally;
                          (iv) represent the Secretary of State 
                        in interagency efforts to develop and 
                        advance the United States international 
                        cyberspace policy;
                          (v) coordinate within the Department 
                        of State and with other components of 
                        the United States Government cyberspace 
                        efforts and other relevant functions, 
                        including countering terrorists' use of 
                        cyberspace; and
                          (vi) act as liaison to public and 
                        private sector entities on relevant 
                        cyberspace issues.
          (3) Qualifications.--The head of the Office should be 
        an individual of demonstrated competency in the field 
        of--
                  (A) cybersecurity and other relevant cyber 
                issues; and
                  (B) international diplomacy.
          (4) Organizational placement.--The head of the Office 
        shall report to the Under Secretary for Political 
        Affairs or official holding a higher position in the 
        Department of State.
          (5) Rule of construction.--Nothing in this subsection 
        may be construed as precluding--
                  (A) the Office from being elevated to a 
                Bureau of the Department of State; and
                  (B) the head of the Office from being 
                elevated to an Assistant Secretary, if such an 
                Assistant Secretary position does not increase 
                the number of Assistant Secretary positions at 
                the Department above the number authorized 
                under subsection (c)(1).
  [(g)] (h) Qualifications of Certain Officers of the 
Department of State.--
          (1) Officer having primary responsibility for 
        personnel management.--The officer of the Department of 
        State with primary responsibility for assisting the 
        Secretary with respect to matters relating to personnel 
        in the Department of State, or that officer's principal 
        deputy, shall have substantial professional 
        qualifications in the field of human resource policy 
        and management.
          (2) Officer having primary responsibility for 
        diplomatic security.--The officer of the Department of 
        State with primary responsibility for assisting the 
        Secretary with respect to diplomatic security, or that 
        officer's principal deputy, shall have substantial 
        professional qualifications in the fields of (A) 
        management, and (B) Federal law enforcement, 
        intelligence, or security.
          (3) Officer having primary responsibility for 
        international narcotics and law enforcement.--The 
        officer of the Department of State with primary 
        responsibility for assisting the Secretary with respect 
        to international narcotics and law enforcement, or that 
        officer's principal deputy, shall have substantial 
        professional qualifications in the fields of (A) 
        management, and (B) law enforcement or international 
        narcotics policy.

           *       *       *       *       *       *       *

                              ----------                              

                     FOREIGN ASSISTANCE ACT OF 1961

           *       *       *       *       *       *       *
                                 PART I

Chapter 1--Policy; Development Assistance Authorizations

           *       *       *       *       *       *       *

  Sec. 116. Human Rights.--(a) No assistance may be provided 
under this part to the government of any country which engages 
in a consistent pattern of gross violations of internationally 
recognized human rights, including torture or cruel, inhuman, 
or degrading treatment or punishment, prolonged detention 
without charges, causing the disappearance of persons by the 
abduction and clandestine detention of those persons, or other 
flagrant denial of the right to life, liberty, and the security 
of person, unless such assistance will directly benefit the 
needy people in such country.
  (b) In determining whether this standard is being met with 
regard to funds allocated under this part, the Committee on 
Foreign Relations of the Senate or the Committee on Foreign 
Affairs of the House of Representatives may require the 
Administrator primarily responsible for administering part I of 
this Act to submit in writing information demonstrating that 
such assistance will directly benefit the needy people in such 
country, together with a detailed explanation of the assistance 
to be provided (including the dollar amounts of such 
assistance) and an explanation of how such assistance will 
directly benefit the needy people in such country. If either 
committee or either House of Congress disagrees with the 
Administrator's justification it may initiate action to 
terminate assistance to any country by a concurrent resolution 
under section 617 of this Act.
  (b) No assistance may be provided to any government failing 
to take appropriate and adequate measures, within their means, 
to protect children from exploitation, abuse or forced 
conscription into military or paramilitary services.
  (c) In determining whether or not a government falls within 
the provisions of subsection (a) and in formulating development 
assistance programs under this part, the Administrator shall 
consider, in consultation with the Assistant Secretary of State 
for Democracy, Human Rights, and Labor and in consultation with 
the Ambassador at Large for International Religious Freedom--
          (1) the extent of cooperation of such government in 
        permitting an unimpeded investigation of alleged 
        violations of internationally recognized human rights 
        by appropriate international organizations, including 
        the International Committee of the Red Cross, or groups 
        or persons acting under the authority of the United 
        Nations or of the Organization of American States;
          (2) specific actions which have been taken by the 
        President or the Congress relating to multilateral or 
        security assistance to a less developed country because 
        of the human rights practices or policies of such 
        country; and
          (3) whether the government--
                  (A) has engaged in or tolerated particularly 
                severe violations of religious freedom, as 
                defined in section 3 of the International 
                Religious Freedom Act of 1998; or
                  (B) has failed to undertake serious and 
                sustained efforts to combat particularly severe 
                violations of religious freedom (as defined in 
                section 3 of the International Religious 
                Freedom Act of 1998), when such efforts could 
                have been reasonably undertaken.
  (d) The Secretary of State shall transmit to the Speaker of 
the House of Representatives and the Committee on Foreign 
Relations of the Senate, by February 25 of each year, a full 
and complete report regarding--
          (1) the status of internationally recognized human 
        rights, within the meaning of subsection (a)--
                  (A) in countries that receive assistance 
                under this part, and
                  (B) in all other foreign countries which are 
                members of the United Nations and which are not 
                otherwise the subject of a human rights report 
                under this Act;
          (2) wherever applicable, practices regarding coercion 
        in population control, including coerced abortion and 
        involuntary sterilization;
          (3) the status of child labor practices in each 
        country, including--
                  (A) whether such country has adopted policies 
                to protect children from exploitation in the 
                workplace, including a prohibition of forced 
                and bonded labor and policies regarding 
                acceptable working conditions; and
                  (B) the extent to which each country enforces 
                such policies, including the adequacy of the 
                resources and oversight dedicated to such 
                policies;
          (4) the votes of each member of the United Nations 
        Commission on Human Rights on all country-specific and 
        thematic resolutions voted on at the Commission's 
        annual session during the period covered during the 
        preceding year;
          (5) the extent to which each country has extended 
        protection to refugees, including the provision of 
        first asylum and resettlement;
          (6) the steps the Administrator has taken to alter 
        United States programs under this part in any country 
        because of human rights considerations;
          (7) wherever applicable, violations of religious 
        freedom, including particularly severe violations of 
        religious freedom (as defined in section 3 of the 
        International Religious Freedom Act of 1998);
          (8) wherever applicable, a description of the nature 
        and extent of acts of anti-Semitism and anti-Semitic 
        incitement that occur during the preceding year, 
        including descriptions of--
                  (A) acts of physical violence against, or 
                harassment of Jewish people, and acts of 
                violence against, or vandalism of Jewish 
                community institutions, including schools, 
                synagogues, and cemeteries;
                  (B) instances of propaganda in government and 
                nongovernment media that attempt to justify or 
                promote racial hatred or incite acts of 
                violence against Jewish people;
                  (C) the actions, if any, taken by the 
                government of the country to respond to such 
                violence and attacks or to eliminate such 
                propaganda or incitement;
                  (D) the actions taken by such government to 
                enact and enforce laws relating to the 
                protection of the right to religious freedom of 
                Jewish people; and
                  (E) the efforts of such government to promote 
                anti-bias and tolerance education;
          (9) wherever applicable, consolidated information 
        regarding the commission of war crimes, crimes against 
        humanity, and evidence of acts that may constitute 
        genocide (as defined in article 2 of the Convention on 
        the Prevention and Punishment of the Crime of Genocide 
        and modified by the United States instrument of 
        ratification to that convention and section 2(a) of the 
        Genocide Convention Implementation Act of 1987);
          (10) for each country with respect to which the 
        report indicates that extrajudicial killings, torture, 
        or other serious violations of human rights have 
        occurred in the country, the extent to which the United 
        States has taken or will take action to encourage an 
        end to such practices in the country;
          (11)(A) wherever applicable, a description of the 
        nature and extent--
                  (i) of the compulsory recruitment and 
                conscription of individuals under the age of 18 
                by armed forces of the government of the 
                country, government-supported paramilitaries, 
                or other armed groups, and the participation of 
                such individuals in such groups; and
                  (ii) that such individuals take a direct part 
                in hostilities;
          (B) what steps, if any, taken by the government of 
        the country to eliminate such practices;
          (C) such other information related to the use by such 
        government of individuals under the age of 18 as 
        soldiers, as determined to be appropriate by the 
        Secretary; and
          (12) wherever applicable--
                  (A) a description of the status of freedom of 
                the press, including initiatives in favor of 
                freedom of the press and efforts to improve or 
                preserve, as appropriate, the independence of 
                the media, together with an assessment of 
                progress made as a result of those efforts;
                  (B) an identification of countries in which 
                there were violations of freedom of the press, 
                including direct physical attacks, 
                imprisonment, indirect sources of pressure, and 
                censorship by governments, military, 
                intelligence, or police forces, criminal 
                groups, or armed extremist or rebel groups; and
                  (C) in countries where there are particularly 
                severe violations of freedom of the press--
                          (i) whether government authorities of 
                        each such country participate in, 
                        facilitate, or condone such violations 
                        of the freedom of the press; and
                          (ii) what steps the government of 
                        each such country has taken to preserve 
                        the safety and independence of the 
                        media, and to ensure the prosecution of 
                        those individuals who attack or murder 
                        journalists.
  (e) The President is authorized and encouraged to use not 
less than $3,000,000 of the funds made available under this 
chapter, chapter 10 of this part, and chapter 4 of part II for 
each fiscal year for studies to identify, and for openly 
carrying out, programs and activities which will encourage or 
promote increased adherence to civil and political rights, as 
set forth in the Universal Declaration of Human Rights, in 
countries eligible for assistance under this chapter or under 
chapter 10 of this part, except that funds made available under 
chapter 10 of this part may only be used under this subsection 
with respect to countries in sub-Saharan Africa. None of these 
funds may be used, directly or indirectly, to influence the 
outcome of any election in any country.
  (f)(1) The report required by subsection (d) shall include 
the following:
          (A) A description of the nature and extent of severe 
        forms of trafficking in persons, as defined in section 
        103 of the Trafficking Victims Protection Act of 2000, 
        in each foreign country.
          (B) With respect to each country that is a country of 
        origin, transit, or destination for victims of severe 
        forms of trafficking in persons, an assessment of the 
        efforts by the government of that country to combat 
        such trafficking. The assessment shall address the 
        following:
                  (i) Whether government authorities in that 
                country participate in, facilitate, or condone 
                such trafficking.
                  (ii) Which government authorities in that 
                country are involved in activities to combat 
                such trafficking.
                  (iii) What steps the government of that 
                country has taken to prohibit government 
                officials from participating in, facilitating, 
                or condoning such trafficking, including the 
                investigation, prosecution, and conviction of 
                such officials.
                  (iv) What steps the government of that 
                country has taken to prohibit other individuals 
                from participating in such trafficking, 
                including the investigation, prosecution, and 
                conviction of individuals involved in severe 
                forms of trafficking in persons, the criminal 
                and civil penalties for such trafficking, and 
                the efficacy of those penalties in eliminating 
                or reducing such trafficking.
                  (v) What steps the government of that country 
                has taken to assist victims of such 
                trafficking, including efforts to prevent 
                victims from being further victimized by 
                traffickers, government officials, or others, 
                grants of relief from deportation, and 
                provision of humanitarian relief, including 
                provision of mental and physical health care 
                and shelter.
                  (vi) Whether the government of that country 
                is cooperating with governments of other 
                countries to extradite traffickers when 
                requested, or, to the extent that such 
                cooperation would be inconsistent with the laws 
                of such country or with extradition treaties to 
                which such country is a party, whether the 
                government of that country is taking all 
                appropriate measures to modify or replace such 
                laws and treaties so as to permit such 
                cooperation.
                  (vii) Whether the government of that country 
                is assisting in international investigations of 
                transnational trafficking networks and in other 
                cooperative efforts to combat severe forms of 
                trafficking in persons.
                  (viii) Whether the government of that country 
                refrains from prosecuting victims of severe 
                forms of trafficking in persons due to such 
                victims having been trafficked, and refrains 
                from other discriminatory treatment of such 
                victims.
                  (ix) Whether the government of that country 
                recognizes the rights of victims of severe 
                forms of trafficking in persons and ensures 
                their access to justice.
          (C) Such other information relating to trafficking in 
        persons as the Secretary of State considers 
        appropriate.
  (2) In compiling data and making assessments for the purposes 
of paragraph (1), United States diplomatic mission personnel 
shall consult with human rights organizations and other 
appropriate nongovernmental organizations.
  (g) Child Marriage Status.--
          (1) In general.--The report required under subsection 
        (d) shall include, for each country in which child 
        marriage is prevalent, a description of the status of 
        the practice of child marriage in such country.
          (2) Defined term.--In this subsection, the term 
        ``child marriage'' means the marriage of a girl or boy 
        who is--
                  (A) younger than the minimum age for marriage 
                under the laws of the country in which such 
                girl or boy is a resident; or
                  (B) younger than 18 years of age, if no such 
                law exists.
  (h)(1) The report required by subsection (d) shall include an 
assessment of freedom of expression with respect to electronic 
information in each foreign country. Such assessment shall 
consist of the following:
          (A) An assessment of the extent to which government 
        authorities in each country inappropriately attempt to 
        filter, censor, or otherwise block or remove nonviolent 
        expression of political or religious opinion or belief 
        via the internet, including electronic mail, as well as 
        a description of the means by which such authorities 
        attempt to block or remove such expression.
          (B) An assessment of the extent to which government 
        authorities in each country have persecuted or 
        otherwise punished an individual or group for the 
        nonviolent expression of political, religious, or 
        ideological opinion or belief via the internet, 
        including electronic mail.
          (C) An assessment of the extent to which government 
        authorities in each country have sought to 
        inappropriately collect, request, obtain, or disclose 
        personally identifiable information of a person in 
        connection with such person's nonviolent expression of 
        political, religious, or ideological opinion or belief, 
        including expression that would be protected by the 
        International Covenant on Civil and Political Rights.
          (D) An assessment of the extent to which wire 
        communications and electronic communications are 
        monitored without regard to the principles of privacy, 
        human rights, democracy, and rule of law.
  (2) In compiling data and making assessments for the purposes 
of paragraph (1), United States diplomatic personnel shall 
consult with human rights organizations, technology and 
internet companies, and other appropriate nongovernmental 
organizations.
  (3) In this subsection--
          (A) the term ``electronic communication'' has the 
        meaning given such term in section 2510 of title 18, 
        United States Code;
          (B) the term ``internet'' has the meaning given such 
        term in section 231(e)(3) of the Communications Act of 
        1934 (47 U.S.C. 231(e)(3));
          (C) the term ``personally identifiable information'' 
        means data in a form that identifies a particular 
        person; and
          (D) the term ``wire communication'' has the meaning 
        given such term in section 2510 of title 18, United 
        States Code.

           *       *       *       *       *       *       *

TITLE XII--FAMINE PREVENTION AND FREEDOM FROM HUNGER

           *       *       *       *       *       *       *

Chapter 1--Policy

           *       *       *       *       *       *       *

  Sec. 502B. Human Rights.--(a)(1) The United States shall, in 
accordance with its international obligations as set forth in 
the Charter of the United Nations and in keeping with the 
constitutional heritage and traditions of the United States, 
promote and encourage increased respect for human rights and 
fundamental freedoms throughout the world without distinction 
as to race, sex, language, or religion. Accordingly, a 
principal goal of the foreign policy of the United States shall 
be to promote the increased observance of internationally 
recognized human rights by all countries.
  (2) Except under circumstances specified in this section, no 
security assistance may be provided to any country the 
government of which engages in a consistent pattern of gross 
violations of internationally recognized human rights. Security 
assistance may not be provided to the police, domestic 
intelligence, or similar law enforcement forces of a country, 
and licenses may not be issued under the Export Administration 
Act of 1979 for the export of crime control and detection 
instruments and equipment to a country, the government of which 
engages in a consistent pattern of gross violations of 
internationally recognized human rights unless the President 
certifies in writing to the Speaker of the House of 
Representatives and the chairman of the Committee on Foreign 
Relations of the Senate and the chairman of the Committee on 
Banking, Housing, and Urban Affairs of the Senate (when 
licenses are to be issued pursuant to the Export Administration 
Act of 1979), that extraordinary circumstances exist warranting 
provision of such assistance and issuance of such licenses. 
Assistance may not be provided under chapter 5 of this part to 
a country the government of which engages in a consistent 
pattern of gross violations of internationally recognized human 
rights unless the President certifies in writing to the Speaker 
of the House of Representatives and the chairman of the 
Committee on Foreign Relations of the Senate that extraordinary 
circumstances exist warranting provision of such assistance.
  (3) In furtherance of paragraphs (1) and (2), the President 
is directed to formulate and conduct international security 
assistance programs of the United States in a manner which will 
promote and advance human rights and avoid identification of 
the United States, through such programs, with governments 
which deny to their people internationally recognized human 
rights and fundamental freedoms, in violation of international 
law or in contravention of the policy of the United States as 
expressed in this section or otherwise.
  (4) In determining whether the government of a country 
engages in a consistent pattern of gross violations of 
internationally recognized human rights, the President shall 
give particular consideration to whether the government--
          (A) has engaged in or tolerated particularly severe 
        violations of religious freedom, as defined in section 
        3 of the International Religious Freedom Act of 1998; 
        or
          (B) has failed to undertake serious and sustained 
        efforts to combat particularly severe violations of 
        religious freedom when such efforts could have been 
        reasonably undertaken.
  (b) The Secretary of State shall transmit to the Congress, as 
part of the presentation materials for security assistance 
programs proposed for each fiscal year, a full and complete 
report, prepared with the assistance of the Assistant Secretary 
of State for Democracy, Human Rights, and Labor and with the 
assistance of the Ambassador at Large for International 
Religious Freedom, with respect to practices regarding the 
observance of and respect for internationally recognized human 
rights in each country proposed as a recipient of security 
assistance. Wherever applicable, such report shall include 
consolidated information regarding the commission of war 
crimes, crimes against humanity, and evidence of acts that may 
constitute genocide (as defined in article 2 of the Convention 
on the Prevention and Punishment of the Crime of Genocide and 
modified by the United States instrument of ratification to 
that convention and section 2(a) of the Genocide Convention 
Implementation Act of 1987). Wherever applicable, such report 
shall include information on practices regarding coercion in 
population control, including coerced abortion and involuntary 
sterilization. Such report shall also include, wherever 
applicable, information on violations of religious freedom, 
including particularly severe violations of religious freedom 
(as defined in section 3 of the International Religious Freedom 
Act of 1998). Wherever applicable, such report shall include a 
description of the nature and extent of acts of anti-Semitism 
and anti-Semitic incitement that occur, including the 
descriptions of such acts required under section 116(d)(8). 
Such report shall also include, for each country with respect 
to which the report indicates that extrajudicial killings, 
torture, or other serious violations of human rights have 
occurred in the country, the extent to which the United States 
has taken or will take action to encourage an end to such 
practices in the country. Each report under this section shall 
list the votes of each member of the United Nations Commission 
on Human Rights on all country-specific and thematic 
resolutions voted on at the Commission's annual session during 
the period covered during the preceding year. Each report under 
this section shall describe the extent to which each country 
has extended protection to refugees, including the provision of 
first asylum and resettlement. Each report under this section 
shall also include (i) wherever applicable, a description of 
the nature and extent of the compulsory recruitment and 
conscription of individuals under the age of 18 by armed forces 
of the government of the country, government-supported 
paramilitaries, or other armed groups, the participation of 
such individuals in such groups, and the nature and extent that 
such individuals take a direct part in hostilities, (ii) what 
steps, if any, taken by the government of the country to 
eliminate such practices, and (iii) such other information 
related to the use by such government of individuals under the 
age of 18 as soldiers, as determined to be appropriate by the 
Secretary of State. In determining whether a government falls 
within the provisions of subsection (a)(3) and in the 
preparation of any report or statement required under this 
section, consideration shall be given to--
          (1) the relevant findings of appropriate 
        international organizations, including nongovernmental 
        organizations, such as the International Committee of 
        the Red Cross; and
          (2) the extent of cooperation by such government in 
        permitting an unimpeded investigation by any such 
        organization of alleged violations of internationally 
        recognized human rights.
  (c)(1) Upon the request of the Senate or the House of 
Representatives by resolution of either such House, or upon the 
request of the Committee on Foreign Relations of the Senate or 
the Committee on Foreign Affairs of the House of 
Representatives, the Secretary of State shall, within thirty 
days after receipt of such request, transmit to both such 
committees a statement, prepared with the assistance of the 
Assistant Secretary of State for Democracy, Human Rights, and 
Labor, with respect to the country designated in such request, 
setting forth--
          (A) all the available information about observance of 
        and respect for human rights and fundamental freedom in 
        that country, and a detailed description of practices 
        by the recipient government with respect thereto;
          (B) the steps the United States has taken to--
                  (i) promote respect for and observance of 
                human rights in that country and discourage any 
                practices which are inimical to internationally 
                recognized human rights, and
                  (ii) publicly or privately call attention to, 
                and disassociate the United States and any 
                security assistance provided for such country 
                from, such practices;
          (C) whether, in the opinion of the Secretary of 
        State, notwithstanding any such practices--
                  (i) extraordinary circumstances exist which 
                necessitate a continuation of security 
                assistance for such country, and, if so, a 
                description of such circumstances and the 
                extent to which such assistance should be 
                continued (subject to such conditions as 
                Congress may impose under this section), and
                  (ii) on all the facts it is in the national 
                interest of the United States to provide such 
                assistance; and
          (D) such other information as such committee or such 
        House may request.
  (2)(A) A resolution of request under paragraph (1) of this 
subsection shall be considered in the Senate in accordance with 
the provisions of section 601(b) of the International Security 
Assistance and Arms Export Control Act of 1976.
  (B) The term ``certification'', as used in section 601 of 
such Act, means, for the purposes of this subsection, a 
resolution of request of the Senate under paragraph (1) of this 
subsection.
  (3) In the event a statement with respect to a country is 
requested pursuant to paragraph (1) of this subsection but is 
not transmitted in accordance therewith within thirty days 
after receipt of such request, no security assistance shall be 
delivered to such country except as may thereafter be 
specifically authorized by law from such country unless and 
until such statement is transmitted.
  (4)(A) In the event a statement with respect to a country is 
transmitted under paragraph (1) of this subsection, the 
Congress may at any time thereafter adopt a joint resolution 
terminating, restricting, or continuing security assistance for 
such country. In the event such a joint resolution is adopted, 
such assistance shall be so terminated, so restricted, or so 
continued, as the case may be.
  (B) Any such resolution shall be considered in the Senate in 
accordance with the provisions of section 601(b) of the 
International Security Assistance and Arms Export Control Act 
of 1976.
  (C) The term ``certification'', as used in section 601 of 
such Act, means, for the purposes of this paragraph, a 
statement transmitted under paragraph (1) of this subsection.
  (d) For the purposes of this section--
          (1) the term ``gross violations of internationally 
        recognized human rights'' includes torture or cruel, 
        inhuman, or degrading treatment or punishment, 
        prolonged detention without charges and trial, causing 
        the disappearance of persons by the abduction and 
        clandestine detention of those persons, and other 
        flagrant denial of the right to life, liberty, or the 
        security of person;
          (2) the term ``security assistance'' means--
                  (A) assistance under chapter 2 (military 
                assistance) or chapter 4 (economic support 
                fund) or chapter 5 (military education and 
                training) or chapter 6 (peacekeeping 
                operations) or chapter 8 (antiterrorism 
                assistance) of this part;
                  (B) sales of defense articles or services, 
                extensions of credits (including participations 
                in credits), and guaranties of loans under the 
                Arms Export Control Act; or
                  (C) any license in effect with respect to the 
                export to or for the armed forces, police, 
                intelligence, or other internal security forces 
                of a foreign country of--
                          (i) defense articles or defense 
                        services under section 38 of the Armed 
                        Export Control Act (22 U.S.C. 2778); or
                          (ii) items listed under the 600 
                        series of the Commerce Control List 
                        contained in Supplement No. 1 to part 
                        774 of subtitle B of title 15, Code of 
                        Federal Regulations;
  (e) Notwithstanding any other provision of law, funds 
authorized to be appropriated under part I of this Act may be 
made available for the furnishing of assistance to any country 
with respect to which the President finds that such a 
significant improvement in its human rights record has occurred 
as to warrant lifting the prohibition on furnishing such 
assistance in the national interest of the United States.
  (f) In allowing the funds authorized to be appropriated by 
this Act and the Arms Export Control Act, the President shall 
take into account significant improvements in the human rights 
records of recipient countries, except that such allocations 
may not contravene any other provision of law.
  (g) Whenever the provisions of subsection (e) or (f) of this 
section are applied, the President shall report to the Congress 
before making any funds available pursuant to those 
subsections. The report shall specify the country involved, the 
amount and kinds of assistance to be provided, and the 
justification for providing the assistance, including a 
description of the significant improvements which have occurred 
in the country's human rights record.
  (h)(1) The report required by subsection (b) shall include 
the following:
          (A) A description of the nature and extent of severe 
        forms of trafficking in persons, as defined in section 
        103 of the Trafficking Victims Protection Act of 2000, 
        in each foreign country.
          (B) With respect to each country that is a country of 
        origin, transit, or destination for victims of severe 
        forms of trafficking in persons, an assessment of the 
        efforts by the government of that country to combat 
        such trafficking. The assessment shall address the 
        following:
                  (i) Whether government authorities in that 
                country participate in, facilitate, or condone 
                such trafficking.
                  (ii) Which government authorities in that 
                country are involved in activities to combat 
                such trafficking.
                  (iii) What steps the government of that 
                country has taken to prohibit government 
                officials from participating in, facilitating, 
                or condoning such trafficking, including the 
                investigation, prosecution, and conviction of 
                such officials.
                  (iv) What steps the government of that 
                country has taken to prohibit other individuals 
                from participating in such trafficking, 
                including the investigation, prosecution, and 
                conviction of individuals involved in severe 
                forms of trafficking in persons, the criminal 
                and civil penalties for such trafficking, and 
                the efficacy of those penalties in eliminating 
                or reducing such trafficking.
                  (v) What steps the government of that country 
                has taken to assist victims of such 
                trafficking, including efforts to prevent 
                victims from being further victimized by 
                traffickers, government officials, or others, 
                grants of relief from deportation, and 
                provision of humanitarian relief, including 
                provision of mental and physical health care 
                and shelter.
                  (vi) Whether the government of that country 
                is cooperating with governments of other 
                countries to extradite traffickers when 
                requested, or, to the extent that such 
                cooperation would be inconsistent with the laws 
                of such country or with extradition treaties to 
                which such country is a party, whether the 
                government of that country is taking all 
                appropriate measures to modify or replace such 
                laws and treaties so as to permit such 
                cooperation.
                  (vii) Whether the government of that country 
                is assisting in international investigations of 
                transnational trafficking networks and in other 
                cooperative efforts to combat severe forms of 
                trafficking in persons.
                  (viii) Whether the government of that country 
                refrains from prosecuting victims of severe 
                forms of trafficking in persons due to such 
                victims having been trafficked, and refrains 
                from other discriminatory treatment of such 
                victims.
                  (ix) Whether the government of that country 
                recognizes the rights of victims of severe 
                forms of trafficking in persons and ensures 
                their access to justice.
          (C) Such other information relating to trafficking in 
        persons as the Secretary of State considers 
        appropriate.
  (2) In compiling data and making assessments for the purposes 
of paragraph (1), United States diplomatic mission personnel 
shall consult with human rights organizations and other 
appropriate nongovernmental organizations.
  (i) The report required by subsection (b) shall include, 
wherever applicable--
          (1) a description of the status of freedom of the 
        press, including initiatives in favor of freedom of the 
        press and efforts to improve or preserve, as 
        appropriate, the independence of the media, together 
        with an assessment of progress made as a result of 
        those efforts;
          (2) an identification of countries in which there 
        were violations of freedom of the press, including 
        direct physical attacks, imprisonment, indirect sources 
        of pressure, and censorship by governments, military, 
        intelligence, or police forces, criminal groups, or 
        armed extremist or rebel groups; and
          (3) in countries where there are particularly severe 
        violations of freedom of the press--
                  (A) whether government authorities of each 
                such country participate in, facilitate, or 
                condone such violations of the freedom of the 
                press; and
                  (B) what steps the government of each such 
                country has taken to preserve the safety and 
                independence of the media, and to ensure the 
                prosecution of those individuals who attack or 
                murder journalists.
  [(i)] (j) Child Marriage Status.--
          (1) In general.--The report required under subsection 
        (b) shall include, for each country in which child 
        marriage is prevalent, a description of the status of 
        the practice of child marriage in such country.
          (2) Defined term.--In this subsection, the term 
        ``child marriage'' means the marriage of a girl or boy 
        who is--
                  (A) younger than the minimum age for marriage 
                under the laws of the country in which such 
                girl or boy is a resident; or
                  (B) younger than 18 years of age, if no such 
                law exists.
  (k)(1) The report required by subsection (b) shall include an 
assessment of freedom of expression with respect to electronic 
information in each foreign country. Such assessment shall 
consist of the following:
          (A) An assessment of the extent to which government 
        authorities in each country inappropriately attempt to 
        filter, censor, or otherwise block or remove nonviolent 
        expression of political or religious opinion or belief 
        via the internet, including electronic mail, as well as 
        a description of the means by which such authorities 
        attempt to block or remove such expression.
          (B) An assessment of the extent to which government 
        authorities in each country have persecuted or 
        otherwise punished an individual or group for the 
        nonviolent expression of political, religious, or 
        ideological opinion or belief via the internet, 
        including electronic mail.
          (C) An assessment of the extent to which government 
        authorities in each country have sought to 
        inappropriately collect, request, obtain, or disclose 
        personally identifiable information of a person in 
        connection with such person's nonviolent expression of 
        political, religious, or ideological opinion or belief, 
        including expression that would be protected by the 
        International Covenant on Civil and Political Rights.
          (D) An assessment of the extent to which wire 
        communications and electronic communications are 
        monitored without regard to the principles of privacy, 
        human rights, democracy, and rule of law.
  (2) In compiling data and making assessments for the purposes 
of paragraph (1), United States diplomatic personnel shall 
consult with human rights organizations, technology and 
internet companies, and other appropriate nongovernmental 
organizations.
  (3) In this subsection--
          (A) the term ``electronic communication'' has the 
        meaning given such term in section 2510 of title 18, 
        United States Code;
          (B) the term ``internet'' has the meaning given such 
        term in section 231(e)(3) of the Communications Act of 
        1934 (47 U.S.C. 231(e)(3));
          (C) the term ``personally identifiable information'' 
        means data in a form that identifies a particular 
        person; and
          (D) the term ``wire communication'' has the meaning 
        given such term in section 2510 of title 18, United 
        States Code.

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