II 

112TH CONGRESS 

1ST SESSION S. 1469 

To require reporting on the capacity of foreign countries to combat 

cybercrime, to develop action plans to improve the capacity of certain 

countries to combat cybercrime, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2011 

Mrs. GILLIBRAND (for herself and Mr. HATCH) introduced the following bill; 

which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To require reporting on the capacity of foreign countries 

to combat cybercrime, to develop action plans to improve 

the capacity of certain countries to combat cybercrime, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘International 

5 Cybercrime Reporting and Cooperation Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


tjames on DSK1DXX6B1PROD with BILLS
2 

•S 1469 IS

1 (1) COMPUTER SYSTEMS; COMPUTER DATA.— 

2 The terms ‘‘computer system’’ and ‘‘computer data’’ 

3 have the meanings given those terms in chapter I of 

4 the Convention on Cybercrime. 

5 (2) CONVENTION ON CYBERCRIME.—The term 

6 ‘‘Convention on Cybercrime’’ means the Council of 

7 Europe Convention on Cybercrime, done at Buda8 pest November 23, 2001, as ratified by the United 

9 States Senate with any relevant reservations or dec10 larations. 

11 (3) CYBERCRIME.—The term ‘‘cybercrime’’ re12 fers to criminal offenses relating to computer sys13 tems or computer data described in the Convention 

14 on Cybercrime. 

15 (4) ELECTRONIC COMMERCE.—The term ‘‘elec16 tronic commerce’’ has the meaning given that term 

17 in section 1105(3) of the Internet Tax Freedom Act 

18 (47 U.S.C. 151 note). 

19 (5) INTERPOL.—The term ‘‘INTERPOL’’ 

20 means the International Criminal Police Organiza21 tion. 

22 (6) LEAD FEDERAL AGENCY.—The term ‘‘lead 

23 Federal agency’’ means one of the relevant Federal 

24 agencies designated by the President to have priVerDate Mar 15 2010 03:06 Aug 04, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1469.IS S1469

tjames on DSK1DXX6B1PROD with BILLS
3 

•S 1469 IS

1 mary responsibility for producing the annual reports 

2 required by section 3. 

3 (7) RELEVANT FEDERAL AGENCIES.—The term 

4 ‘‘relevant Federal agencies’’ means any Federal 

5 agency that has responsibility for combating 

6 cybercrime globally, including the Department of 

7 Commerce, the Department of Homeland Security, 

8 the Department of Justice, the Department of State, 

9 the Department of the Treasury, and the Office of 

10 the United States Trade Representative. 

11 (8) UNITED STATES PERSON.—The term 

12 ‘‘United States person’’ means— 

13 (A) a United States citizen or an alien law14 fully admitted for permanent residence to the 

15 United States; or 

16 (B) an entity organized under the laws of 

17 the United States or of any jurisdiction within 

18 the United States. 

19 SEC. 3. ANNUAL REPORT. 

20 (a) IN GENERAL.—Not later than 1 year after the 

21 date of the enactment of this Act, and annually thereafter, 

22 the head of the lead Federal agency shall submit to Con23 gress a report— 


tjames on DSK1DXX6B1PROD with BILLS
4 

•S 1469 IS

1 (1) assessing, after consultation with the enti2 ties specified in subsection (c) and with respect to 

3 each country described in subsection (b)— 

4 (A) the extent and nature of activities re5 lating to cybercrime that are attributable to 

6 persons or property based in the country and 

7 impact the United States Government, United 

8 States persons, or United States electronic com9 merce; 

10 (B) the adequacy and effectiveness of the 

11 laws, regulations, and judicial and law enforce12 ment systems in the country with respect to 

13 combating cybercrime; and 

14 (C) measures taken by the government of 

15 the country to protect consumers from 

16 cybercrime, including measures described in the 

17 Convention on Cybercrime; 

18 (2) assessing, after consultation with the enti19 ties specified in subsection (c), any multilateral ef20 forts— 

21 (A) to prevent and investigate cybercrime; 

22 (B) to develop and share best practices 

23 with respect to directly or indirectly combating 

24 cybercrime; and 


tjames on DSK1DXX6B1PROD with BILLS
5 

•S 1469 IS

1 (C) to cooperate and take action with re2 spect to the prevention, investigation, and pros3 ecution of cybercrime; and 

4 (3) describing the steps taken by the United 

5 States to promote the multilateral efforts described 

6 in paragraph (2). 

7 (b) COUNTRIES DESCRIBED.—A country described in 

8 this subsection is a country that the head of the lead Fed9 eral agency determines, in consultation with the entities 

10 specified in subsection (c), is significant with respect to 

11 efforts to combat cybercrime— 

12 (1) against the United States Government or 

13 United States persons; or 

14 (2) that disrupts United States electronic com15 merce or otherwise negatively impacts the trade or 

16 intellectual property interests of the United States. 

17 (c) ENTITIES SPECIFIED.—The entities specified in 

18 this subsection are the relevant Federal agencies, industry 

19 groups, civil society organizations, and other organizations 

20 selected by the President for consultations under this sec21 tion based on their interest in combating cybercrime. 

22 (d) CONTRIBUTIONS FROM RELEVANT FEDERAL

23 AGENCIES.—Not later than 30 days before the date on 

24 which the report is required to be submitted under sub25 section (a), the head of each of the relevant Federal agenVerDate Mar 15 2010 03:06 Aug 04, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1469.IS S1469

tjames on DSK1DXX6B1PROD with BILLS
6 

•S 1469 IS

1 cies shall submit to the head of the lead Federal agency 

2 a report containing— 

3 (1) any information obtained by the relevant 

4 Federal agency with respect to incidents of 

5 cybercrime, impediments to electronic commerce, or 

6 efforts of the United States to cooperate with other 

7 countries with respect to combating cybercrime; and 

8 (2) any other information obtained by the agen9 cy that is relevant to the report required by sub10 section (a). 

11 (e) ADDITIONAL INFORMATION TO BE INCLUDED IN

12 SUBSEQUENT REPORTS.—In each report required to be 

13 submitted under subsection (a) after the first report re14 quired by that subsection, the head of the lead Federal 

15 agency shall include, in addition to the information re16 quired by that subsection— 

17 (1) an identification of countries for which ac18 tion plans have been developed under section 5; and 

19 (2) an assessment, after consultation with the 

20 entities specified in subsection (c), of the extent of 

21 the compliance of each such country with the action 

22 plan developed for that country. 

23 (f) FORM OF REPORT.—The report required by sub24 section (a) shall be submitted in unclassified form, but 

25 may contain a classified annex. 


tjames on DSK1DXX6B1PROD with BILLS
7 

•S 1469 IS

1 SEC. 4. UTILIZATION OF FOREIGN ASSISTANCE PROGRAMS. 

2 (a) PRIORITY WITH RESPECT TO FOREIGN ASSIST3 ANCE PROGRAMS TO COMBAT CYBERCRIME.— 

4 (1) IN GENERAL.—The President shall give pri5 ority to a country described in paragraph (2) with 

6 respect to foreign assistance and other programs de7 signed to combat cybercrime in the country by im8 proving the effectiveness and capacity of the legal 

9 and judicial systems and the capabilities of law en10 forcement agencies with respect to cybercrime. 

11 (2) COUNTRIES DESCRIBED.—A country de12 scribed in this paragraph is a country described in 

13 section 3(b) that the President, in consultation with 

14 the entities described in section 3(c), determines has 

15 a low capacity to combat cybercrime. 

16 (b) SENSE OF CONGRESS WITH RESPECT TO BILAT17 ERAL AND MULTILATERAL ASSISTANCE.—It is the sense 

18 of Congress that— 

19 (1) the President should include programs de20 signed to combat cybercrime in any bilateral or mul21 tilateral assistance that— 

22 (A) is provided to a country described in 

23 subsection (a)(2); and 

24 (B) addresses the critical infrastructure, 

25 telecommunications systems, financial industry, 


tjames on DSK1DXX6B1PROD with BILLS
8 

•S 1469 IS

1 legal or judicial systems, or law enforcement ca2 pabilities of that country; and 

3 (2) such assistance should be provided in a 

4 manner that allows the country to sustain the ad5 vancements in combating cybercrime resulting from 

6 the assistance after the termination of the assist7 ance. 

8 SEC. 5. ACTION PLANS FOR COMBATING CYBERCRIME FOR 

9 COUNTRIES OF CYBER CONCERN. 

10 (a) DEVELOPMENT OF ACTION PLANS.— 

11 (1) IN GENERAL.—Not later than 1 year after 

12 the head of the lead Federal agency submits the 

13 first report required by section 3(a), the President 

14 shall develop, for each country that the President 

15 determines under subsection (b) is a country of 

16 cyber concern, an action plan— 

17 (A) to assist the government of that coun18 try to improve the capacity of the country to 

19 combat cybercrime; and 

20 (B) that contains benchmarks described in 

21 subsection (c). 

22 (2) REASSESSMENT OF COUNTRIES.—Not later 

23 than 2 years after the head of the lead Federal 

24 agency submits the first report required by section 

25 3(a), and annually thereafter, the President shall— 


tjames on DSK1DXX6B1PROD with BILLS
9 

•S 1469 IS

1 (A) reassess the countries for which the 

2 President has developed action plans under 

3 paragraph (1); 

4 (B) determine if any of those countries no 

5 longer meet the criteria under subsection (b) 

6 for being countries of cyber concern; and 

7 (C) determine if additional countries meet 

8 the criteria under subsection (b) for being coun9 tries of cyber concern and develop action plans 

10 for those countries. 

11 (3) CONSULTATIONS.—The President, acting 

12 through the head of the lead Federal agency and, as 

13 appropriate, an employee designated to have respon14 sibility for cybercrime under section 6 or 7, shall 

15 consult with the government of each country for 

16 which the President develops an action plan under 

17 paragraph (1) or (2) with respect to— 

18 (A) the development of the action plan; 

19 and 

20 (B) the efforts of the government of that 

21 country to comply with the benchmarks set 

22 forth in the action plan. 

23 (b) COUNTRIES OF CYBER CONCERN.—The Presi24 dent shall determine that a country is a country of cyber 

25 concern if the President finds that— 


tjames on DSK1DXX6B1PROD with BILLS
10 

•S 1469 IS

1 (1) there is significant credible evidence that 

2 there has been a pattern of incidents of cybercrime, 

3 during the 2-year period preceding the date of the 

4 President’s determination— 

5 (A) against the United States Government 

6 or United States persons or that disrupt United 

7 States electronic commerce or otherwise nega8 tively impact the trade or intellectual property 

9 interests of the United States; and 

10 (B) that are attributable to persons or 

11 property based in the country; and 

12 (2) the government of the country has dem13 onstrated a pattern of being uncooperative with ef14 forts to combat cybercrime by— 

15 (A) failing to conduct its own reasonable 

16 criminal investigations, prosecutions, or other 

17 proceedings with respect to the incidents of 

18 cybercrime described in paragraph (1); 

19 (B) failing to cooperate with the United 

20 States, any other party to the Convention on 

21 Cybercrime, or INTERPOL, in criminal inves22 tigations, prosecutions, or other proceedings 

23 with respect to such incidents, consistent with 

24 chapter III of the Convention on Cybercrime; or 


tjames on DSK1DXX6B1PROD with BILLS
11 

•S 1469 IS

1 (C) not adopting or implementing legisla2 tive or other measures consistent with chapter 

3 II of the Convention on Cybercrime with re4 spect to criminal offenses related to computer 

5 systems or computer data. 

6 (c) BENCHMARKS DESCRIBED.—The benchmarks de7 scribed in this subsection— 

8 (1) are such legislative, institutional, enforce9 ment, or other actions as the President determines 

10 necessary to improve the capacity of the country to 

11 combat cybercrime; and 

12 (2) may include— 

13 (A) the initiation of credible criminal inves14 tigations, prosecutions, or other proceedings 

15 with respect to the incidents of cybercrime that 

16 resulted in the determination of the President 

17 under subsection (b) that the country is a coun18 try of cyber concern; 

19 (B) cooperation with, or support for the ef20 forts of, the United States, other parties to the 

21 Convention on Cybercrime, or INTERPOL in 

22 criminal investigations, prosecutions, or other 

23 proceedings with respect to such persons, con24 sistent with chapter III of the Convention on 

25 Cybercrime; or 


tjames on DSK1DXX6B1PROD with BILLS
12 

•S 1469 IS

1 (C) the implementation of legislative or 

2 other measures consistent with chapter II of the 

3 Convention on Cybercrime with respect to 

4 criminal offenses related to computer systems 

5 or computer data. 

6 (d) DETERMINATION OF CONSISTENCY WITH CON7 VENTION ON CYBERCRIME.—For purposes of subsections 

8 (b) and (c), a measure is not consistent with the Conven9 tion on Cybercrime if the measure imposes a criminal pen10 alty for an activity that is not a criminal offense under 

11 the Convention. 

12 (e) FAILURE TO MEET ACTION PLAN BENCH13 MARKS.— 

14 (1) IN GENERAL.—If, 1 year after the date on 

15 which an action plan is developed under subsection 

16 (a), the President, in consultation with the entities 

17 described in section 3(c), determines that the gov18 ernment of the country for which the action plan 

19 was developed has not complied with the benchmarks 

20 in the action plan, the President is urged to take one 

21 or more of the actions described in paragraph (2) 

22 with respect to the country. 

23 (2) PRESIDENTIAL ACTION DESCRIBED.— 

24 (A) IN GENERAL.—Subject to subpara25 graph (B), the actions described in this paraVerDate Mar 15 2010 03:06 Aug 04, 2011 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1469.IS S1469

tjames on DSK1DXX6B1PROD with BILLS
13 

•S 1469 IS

1 graph with respect to a country are the fol2 lowing: 

3 (i) MULTILATERAL DEVELOPMENT

4 BANK FINANCING.—Instruct the United 

5 States Executive Director of each multilat6 eral development bank (as defined in sec7 tion 1701(c)(4) of the International Finan8 cial Institutions Act (22 U.S.C. 

9 262r(c)(4))) to restrict or oppose the ap10 proval of any new financing (including 

11 loans, guarantees, other credits, insurance, 

12 and reinsurance) by the multilateral devel13 opment bank to the government of the 

14 country or with respect to a project located 

15 in the country or in which an entity owned 

16 or controlled by the government of the 

17 country participates. 

18 (ii) PREFERENTIAL TRADE PRO19 GRAMS.—Suspend, limit, or withdraw any 

20 preferential treatment for which the coun21 try qualifies under the Caribbean Basin 

22 Economic Recovery Act (19 U.S.C. 2701 

23 et seq.), the African Growth and Oppor24 tunity Act (19 U.S.C. 3701 et seq.), or any 

25 other trade preference program in effect. 


tjames on DSK1DXX6B1PROD with BILLS
14 

•S 1469 IS

1 (iii) FOREIGN ASSISTANCE.—Suspend, 

2 restrict, or withdraw the provision of for3 eign assistance to the country or with re4 spect to projects carried out in the coun5 try, including assistance provided under 

6 the Foreign Assistance Act of 1961 (22 

7 U.S.C. 2151 et seq.). 

8 (B) EXCEPTION.—The President may not 

9 suspend, restrict, prohibit, or withdraw assist10 ance described in subparagraph (A)(iii) that is 

11 provided for humanitarian or disaster relief or 

12 for projects related to building capacity or ac13 tions to combat cybercrime. 

14 (3) RESTORATION OF BENEFITS.—The Presi15 dent shall revoke any actions taken with respect to 

16 a country under paragraph (2) on the date on which 

17 the President, in consultation with the entities de18 scribed in section 3(c), determines and certifies to 

19 Congress that the government of the country has 

20 complied with the benchmarks described in sub21 section (c). 

22 (f) WAIVER.— 

23 (1) IN GENERAL.—The President may waive 

24 the requirement under subsection (a) to develop an 

25 action plan for a country or the requirement under 


tjames on DSK1DXX6B1PROD with BILLS
15 

•S 1469 IS

1 subsection (b) to make a determination with respect 

2 to a country if the President— 

3 (A) determines that such a waiver is in the 

4 national interest of the United States; and 

5 (B) submits to Congress a report describ6 ing the reasons for the determination. 

7 (2) FORM OF REPORT.—A report submitted 

8 under paragraph (1)(B) shall be submitted in un9 classified form, but may contain a classified annex. 

10 SEC. 6. DESIGNATION OF COORDINATOR FOR CYBERSECU11 RITY ISSUES IN THE DEPARTMENT OF STATE. 

12 The Secretary of State shall designate a high-level 

13 employee of the Department of State— 

14 (1) to coordinate a full range of cybersecurity 

15 issues, including activities, policies, and opportuni16 ties of the Department of State associated with for17 eign policy and combating cybercrime; and 

18 (2) whose primary responsibilities shall include 

19 increasing opportunities with respect to combating 

20 cybercrime at an international level. 

21 SEC. 7. DESIGNATION OF OFFICIALS TO BE RESPONSIBLE 

22 FOR COMBATING CYBERCRIME. 

23 The President shall ensure that— 

24 (1) there is an employee of the United States 

25 Government with primary responsibility with respect 


tjames on DSK1DXX6B1PROD with BILLS
16 

•S 1469 IS

1 to matters relating to cybercrime policy in each 

2 country or region that the President considers sig3 nificant with respect to the efforts of the United 

4 States Government to combat cybercrime globally; 

5 and 

6 (2) each such employee consults with industry 

7 groups in the United States, civil society organiza8 tions, and other organizations with an interest in 

9 combating cybercrime in carrying out the employee’s 

10 duties with respect to matters relating to 

11 cybercrime. 

12 SEC. 8. CONSIDERATION OF CYBERCRIME IN TRADE 

13 AGREEMENT NEGOTIATIONS. 

14 Before finalizing or modifying any trade agreement 

15 with another country, the President shall take into consid16 eration the efforts of the government of that country to 

17 combat cybercrime. 

Æ 


tjames on DSK1DXX6B1PROD with BILLS