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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1469 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Cybercrime Reporting 
and Cooperation Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Computer systems; computer data.--The terms ``computer 
        system'' and ``computer data'' have the meanings given those 
        terms in chapter I of the Convention on Cybercrime.
            (2) Convention on cybercrime.--The term ``Convention on 
        Cybercrime'' means the Council of Europe Convention on 
        Cybercrime, done at Budapest November 23, 2001, as ratified by 
        the United States Senate with any relevant reservations or 
        declarations.
            (3) Cybercrime.--The term ``cybercrime'' refers to criminal 
        offenses relating to computer systems or computer data 
        described in the Convention on Cybercrime.
            (4) Electronic commerce.--The term ``electronic commerce'' 
        has the meaning given that term in section 1105(3) of the 
        Internet Tax Freedom Act (47 U.S.C. 151 note).
            (5) Interpol.--The term ``INTERPOL'' means the 
        International Criminal Police Organization.
            (6) Lead federal agency.--The term ``lead Federal agency'' 
        means one of the relevant Federal agencies designated by the 
        President to have primary responsibility for producing the 
        annual reports required by section 3.
            (7) Relevant federal agencies.--The term ``relevant Federal 
        agencies'' means any Federal agency that has responsibility for 
        combating cybercrime globally, including the Department of 
        Commerce, the Department of Homeland Security, the Department 
        of Justice, the Department of State, the Department of the 
        Treasury, and the Office of the United States Trade 
        Representative.
            (8) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States; 
                or
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States.

SEC. 3. ANNUAL REPORT.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter, the head of the lead 
Federal agency shall submit to Congress a report--
            (1) assessing, after consultation with the entities 
        specified in subsection (c) and with respect to each country 
        described in subsection (b)--
                    (A) the extent and nature of activities relating to 
                cybercrime that are attributable to persons or property 
                based in the country and impact the United States 
                Government, United States persons, or United States 
                electronic commerce;
                    (B) the adequacy and effectiveness of the laws, 
                regulations, and judicial and law enforcement systems 
                in the country with respect to combating cybercrime; 
                and
                    (C) measures taken by the government of the country 
                to protect consumers from cybercrime, including 
                measures described in the Convention on Cybercrime;
            (2) assessing, after consultation with the entities 
        specified in subsection (c), any multilateral efforts--
                    (A) to prevent and investigate cybercrime;
                    (B) to develop and share best practices with 
                respect to directly or indirectly combating cybercrime; 
                and
                    (C) to cooperate and take action with respect to 
                the prevention, investigation, and prosecution of 
                cybercrime; and
            (3) describing the steps taken by the United States to 
        promote the multilateral efforts described in paragraph (2).
    (b) Countries Described.--A country described in this subsection is 
a country that the head of the lead Federal agency determines, in 
consultation with the entities specified in subsection (c), is 
significant with respect to efforts to combat cybercrime--
            (1) against the United States Government or United States 
        persons; or
            (2) that disrupts United States electronic commerce or 
        otherwise negatively impacts the trade or intellectual property 
        interests of the United States.
    (c) Entities Specified.--The entities specified in this subsection 
are the relevant Federal agencies, industry groups, civil society 
organizations, and other organizations selected by the President for 
consultations under this section based on their interest in combating 
cybercrime.
    (d) Contributions From Relevant Federal Agencies.--Not later than 
30 days before the date on which the report is required to be submitted 
under subsection (a), the head of each of the relevant Federal agencies 
shall submit to the head of the lead Federal agency a report 
containing--
            (1) any information obtained by the relevant Federal agency 
        with respect to incidents of cybercrime, impediments to 
        electronic commerce, or efforts of the United States to 
        cooperate with other countries with respect to combating 
        cybercrime; and
            (2) any other information obtained by the agency that is 
        relevant to the report required by subsection (a).
    (e) Additional Information To Be Included in Subsequent Reports.--
In each report required to be submitted under subsection (a) after the 
first report required by that subsection, the head of the lead Federal 
agency shall include, in addition to the information required by that 
subsection--
            (1) an identification of countries for which action plans 
        have been developed under section 5; and
            (2) an assessment, after consultation with the entities 
        specified in subsection (c), of the extent of the compliance of 
        each such country with the action plan developed for that 
        country.
    (f) Form of Report.--The report required by subsection (a) shall be 
submitted in unclassified form, but may contain a classified annex.

SEC. 4. UTILIZATION OF FOREIGN ASSISTANCE PROGRAMS.

    (a) Priority With Respect to Foreign Assistance Programs to Combat 
Cybercrime.--
            (1) In general.--The President shall give priority to a 
        country described in paragraph (2) with respect to foreign 
        assistance and other programs designed to combat cybercrime in 
        the country by improving the effectiveness and capacity of the 
        legal and judicial systems and the capabilities of law 
        enforcement agencies with respect to cybercrime.
            (2) Countries described.--A country described in this 
        paragraph is a country described in section 3(b) that the 
        President, in consultation with the entities described in 
        section 3(c), determines has a low capacity to combat 
        cybercrime.
    (b) Sense of Congress With Respect to Bilateral and Multilateral 
Assistance.--It is the sense of Congress that--
            (1) the President should include programs designed to 
        combat cybercrime in any bilateral or multilateral assistance 
        that--
                    (A) is provided to a country described in 
                subsection (a)(2); and
                    (B) addresses the critical infrastructure, 
                telecommunications systems, financial industry, legal 
                or judicial systems, or law enforcement capabilities of 
                that country; and
            (2) such assistance should be provided in a manner that 
        allows the country to sustain the advancements in combating 
        cybercrime resulting from the assistance after the termination 
        of the assistance.

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

    (a) Development of Action Plans.--
            (1) In general.--Not later than 1 year after the head of 
        the lead Federal agency submits the first report required by 
        section 3(a), the President shall develop, for each country 
        that the President determines under subsection (b) is a country 
        of cyber concern, an action plan--
                    (A) to assist the government of that country to 
                improve the capacity of the country to combat 
                cybercrime; and
                    (B) that contains benchmarks described in 
                subsection (c).
            (2) Reassessment of countries.--Not later than 2 years 
        after the head of the lead Federal agency submits the first 
        report required by section 3(a), and annually thereafter, the 
        President shall--
                    (A) reassess the countries for which the President 
                has developed action plans under paragraph (1);
                    (B) determine if any of those countries no longer 
                meet the criteria under subsection (b) for being 
                countries of cyber concern; and
                    (C) determine if additional countries meet the 
                criteria under subsection (b) for being countries of 
                cyber concern and develop action plans for those 
                countries.
            (3) Consultations.--The President, acting through the head 
        of the lead Federal agency and, as appropriate, an employee 
        designated to have responsibility for cybercrime under section 
        6 or 7, shall consult with the government of each country for 
        which the President develops an action plan under paragraph (1) 
        or (2) with respect to--
                    (A) the development of the action plan; and
                    (B) the efforts of the government of that country 
                to comply with the benchmarks set forth in the action 
                plan.
    (b) Countries of Cyber Concern.--The President shall determine that 
a country is a country of cyber concern if the President finds that--
            (1) there is significant credible evidence that there has 
        been a pattern of incidents of cybercrime, during the 2-year 
        period preceding the date of the President's determination--
                    (A) against the United States Government or United 
                States persons or that disrupt United States electronic 
                commerce or otherwise negatively impact the trade or 
                intellectual property interests of the United States; 
                and
                    (B) that are attributable to persons or property 
                based in the country; and
            (2) the government of the country has demonstrated a 
        pattern of being uncooperative with efforts to combat 
        cybercrime by--
                    (A) failing to conduct its own reasonable criminal 
                investigations, prosecutions, or other proceedings with 
                respect to the incidents of cybercrime described in 
                paragraph (1);
                    (B) failing to cooperate with the United States, 
                any other party to the Convention on Cybercrime, or 
                INTERPOL, in criminal investigations, prosecutions, or 
                other proceedings with respect to such incidents, 
                consistent with chapter III of the Convention on 
                Cybercrime; or
                    (C) not adopting or implementing legislative or 
                other measures consistent with chapter II of the 
                Convention on Cybercrime with respect to criminal 
                offenses related to computer systems or computer data.
    (c) Benchmarks Described.--The benchmarks described in this 
subsection--
            (1) are such legislative, institutional, enforcement, or 
        other actions as the President determines necessary to improve 
        the capacity of the country to combat cybercrime; and
            (2) may include--
                    (A) the initiation of credible criminal 
                investigations, prosecutions, or other proceedings with 
                respect to the incidents of cybercrime that resulted in 
                the determination of the President under subsection (b) 
                that the country is a country of cyber concern;
                    (B) cooperation with, or support for the efforts 
                of, the United States, other parties to the Convention 
                on Cybercrime, or INTERPOL in criminal investigations, 
                prosecutions, or other proceedings with respect to such 
                persons, consistent with chapter III of the Convention 
                on Cybercrime; or
                    (C) the implementation of legislative or other 
                measures consistent with chapter II of the Convention 
                on Cybercrime with respect to criminal offenses related 
                to computer systems or computer data.
    (d) Determination of Consistency With Convention on Cybercrime.--
For purposes of subsections (b) and (c), a measure is not consistent 
with the Convention on Cybercrime if the measure imposes a criminal 
penalty for an activity that is not a criminal offense under the 
Convention.
    (e) Failure To Meet Action Plan Benchmarks.--
            (1) In general.--If, 1 year after the date on which an 
        action plan is developed under subsection (a), the President, 
        in consultation with the entities described in section 3(c), 
        determines that the government of the country for which the 
        action plan was developed has not complied with the benchmarks 
        in the action plan, the President is urged to take one or more 
        of the actions described in paragraph (2) with respect to the 
        country.
            (2) Presidential action described.--
                    (A) In general.--Subject to subparagraph (B), the 
                actions described in this paragraph with respect to a 
                country are the following:
                            (i) Multilateral development bank 
                        financing.--Instruct the United States 
                        Executive Director of each multilateral 
                        development bank (as defined in section 
                        1701(c)(4) of the International Financial 
                        Institutions Act (22 U.S.C. 262r(c)(4))) to 
                        restrict or oppose the approval of any new 
                        financing (including loans, guarantees, other 
                        credits, insurance, and reinsurance) by the 
                        multilateral development bank to the government 
                        of the country or with respect to a project 
                        located in the country or in which an entity 
                        owned or controlled by the government of the 
                        country participates.
                            (ii) Preferential trade programs.--Suspend, 
                        limit, or withdraw any preferential treatment 
                        for which the country qualifies under the 
                        Caribbean Basin Economic Recovery Act (19 
                        U.S.C. 2701 et seq.), the African Growth and 
                        Opportunity Act (19 U.S.C. 3701 et seq.), or 
                        any other trade preference program in effect.
                            (iii) Foreign assistance.--Suspend, 
                        restrict, or withdraw the provision of foreign 
                        assistance to the country or with respect to 
                        projects carried out in the country, including 
                        assistance provided under the Foreign 
                        Assistance Act of 1961 (22 U.S.C. 2151 et 
                        seq.).
                    (B) Exception.--The President may not suspend, 
                restrict, prohibit, or withdraw assistance described in 
                subparagraph (A)(iii) that is provided for humanitarian 
                or disaster relief or for projects related to building 
                capacity or actions to combat cybercrime.
            (3) Restoration of benefits.--The President shall revoke 
        any actions taken with respect to a country under paragraph (2) 
        on the date on which the President, in consultation with the 
        entities described in section 3(c), determines and certifies to 
        Congress that the government of the country has complied with 
        the benchmarks described in subsection (c).
    (f) Waiver.--
            (1) In general.--The President may waive the requirement 
        under subsection (a) to develop an action plan for a country or 
        the requirement under subsection (b) to make a determination 
        with respect to a country if the President--
                    (A) determines that such a waiver is in the 
                national interest of the United States; and
                    (B) submits to Congress a report describing the 
                reasons for the determination.
            (2) Form of report.--A report submitted under paragraph 
        (1)(B) shall be submitted in unclassified form, but may contain 
        a classified annex.

SEC. 6. DESIGNATION OF COORDINATOR FOR CYBERSECURITY ISSUES IN THE 
              DEPARTMENT OF STATE.

    The Secretary of State shall designate a high-level employee of the 
Department of State--
            (1) to coordinate a full range of cybersecurity issues, 
        including activities, policies, and opportunities of the 
        Department of State associated with foreign policy and 
        combating cybercrime; and
            (2) whose primary responsibilities shall include increasing 
        opportunities with respect to combating cybercrime at an 
        international level.

SEC. 7. DESIGNATION OF OFFICIALS TO BE RESPONSIBLE FOR COMBATING 
              CYBERCRIME.

    The President shall ensure that--
            (1) there is an employee of the United States Government 
        with primary responsibility with respect to matters relating to 
        cybercrime policy in each country or region that the President 
        considers significant with respect to the efforts of the United 
        States Government to combat cybercrime globally; and
            (2) each such employee consults with industry groups in the 
        United States, civil society organizations, and other 
        organizations with an interest in combating cybercrime in 
        carrying out the employee's duties with respect to matters 
        relating to cybercrime.

SEC. 8. CONSIDERATION OF CYBERCRIME IN TRADE AGREEMENT NEGOTIATIONS.

    Before finalizing or modifying any trade agreement with another 
country, the President shall take into consideration the efforts of the 
government of that country to combat cybercrime.
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