II 

111TH CONGRESS 

2D SESSION S. 3155 

To require reporting on certain information and communications technologies 

of foreign countries, to develop action plans to improve the capacity 

of certain countries to combat cybercrime, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 23, 2010 

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 certain information and communications technologies of foreign countries, to develop action 

plans to improve the capacity of certain countries to 

combat cybercrime, and for other purposes. 

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: 


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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. 

9 (3) CYBERCRIME.—The term ‘‘cybercrime’’ re10 fers to criminal offenses relating to computer sys11 tems or computer data described in the Convention 

12 on Cybercrime. 

13 (4) INTERPOL.—The term ‘‘INTERPOL’’ 

14 means the International Criminal Police Organiza15 tion. 

16 (5) RELEVANT FEDERAL AGENCIES.—The term 

17 ‘‘relevant Federal agencies’’ means any Federal 

18 agency that has responsibility for combating 

19 cybercrime globally, including the Department of 

20 Justice, the Department of Homeland Security, the 

21 Department of the Treasury, and the Department of 

22 State. 


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1 SEC. 3. ANNUAL REPORT. 

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

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

4 the President shall submit to Congress a report— 

5 (1) assessing, with respect to each country that 

6 is a member state of the United Nations— 

7 (A) the extent of the development and uti8 lization of information and communications 

9 technologies in the critical infrastructure, tele10 communications systems, and financial industry 

11 of the country; 

12 (B) the extent and nature of activities re13 lating to cybercrime that are based in the coun14 try; 

15 (C) the adequacy and effectiveness of the 

16 laws, regulations, and judicial and law enforce17 ment systems in the country with respect to 

18 combating cybercrime; and 

19 (D) measures taken by the government of 

20 the country to ensure the free flow of electronic 

21 commerce and to protect consumers from 

22 cybercrime; 

23 (2) identifying countries that are member states 

24 of the United Nations that the President determines 

25 have a low level of development or utilization of in26 formation and communications technologies in their 


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1 critical infrastructure, telecommunications systems, 

2 and financial industries; 

3 (3) assessing any multilateral efforts— 

4 (A) to prevent and investigate cybercrime; 

5 (B) to develop and share best practices to 

6 directly or indirectly combat cybercrime; and 

7 (C) to cooperate and take action with re8 spect to the prevention, investigation, and pros9 ecution of cybercrime; and 

10 (4) describing the steps taken by the United 

11 States to promote the multilateral efforts referred to 

12 in paragraph (3). 

13 (b) ADDITIONAL INFORMATION TO BE INCLUDED IN

14 SUBSEQUENT REPORTS.—In each report required to be 

15 submitted under subsection (a) after the first report re16 quired by that subsection, the President shall include, in 

17 addition to the information required by that subsection— 

18 (1) an identification of countries for which ac19 tion plans have been developed under section 5; and 

20 (2) an assessment of the extent of the compli21 ance of each such country with the action plan devel22 oped for that country. 

23 (c) CONSULTATIONS.—It is the sense of Congress 

24 that the President should consult with the relevant Fed25 eral agencies, industry groups, civil society organizations, 


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1 and other interested parties in making the assessments re2 quired by paragraphs (1) through (3) of subsection (a) 

3 and subsection (b). 

4 (d) FORM OF REPORT.—The report required by sub5 section (a) shall be submitted in unclassified form, but 

6 may contain a classified annex. 

7 SEC. 4. UTILIZATION OF FOREIGN ASSISTANCE PROGRAMS. 

8 (a) PRIORITY WITH RESPECT TO FOREIGN ASSIST9 ANCE PROGRAMS TO COMBAT CYBERCRIME.— 

10 (1) IN GENERAL.—The President shall give pri11 ority to a country described in paragraph (2) with 

12 respect to foreign assistance and other programs de13 signed to combat cybercrime in the country by im14 proving the effectiveness and capacity of the legal 

15 and judicial systems and the capabilities of law en16 forcement agencies with respect to cybercrime. 

17 (2) COUNTRIES DESCRIBED.—A country de18 scribed in this paragraph is a country identified 

19 under section 3(a)(2) as having a low level of devel20 opment or utilization of information and communica21 tions technologies in its critical infrastructure, tele22 communications systems, and financial industry. 

23 (b) SENSE OF CONGRESS WITH RESPECT TO BILAT24 ERAL AND MULTILATERAL ASSISTANCE.—It is the sense 

25 of Congress that— 


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1 (1) the President should include programs de2 signed to combat cybercrime in any bilateral or mul3 tilateral assistance that— 

4 (A) is extended to a country identified 

5 under section 3(a)(2) as having a low level of 

6 development or utilization of information and 

7 communications technologies in its critical in8 frastructure, telecommunications systems, and 

9 financial industry; and 

10 (B) addresses the critical infrastructure, 

11 telecommunications systems, financial industry, 

12 legal or judicial systems, or law enforcement ca13 pabilities of that country; and 

14 (2) such assistance should be provided in a 

15 manner that allows the country to sustain the ad16 vancements in combating cybercrime resulting from 

17 the assistance after the termination of the assist18 ance. 

19 SEC. 5. ACTION PLANS FOR COMBATING CYBERCRIME FOR 

20 COUNTRIES OF CYBER CONCERN. 

21 (a) DEVELOPMENT OF ACTION PLANS.— 

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

23 the President submits the first report required by 

24 section 3(a), the President shall develop, for each 

25 country that the President determines under subVerDate Nov 24 2008 02:42 Mar 24, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155

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1 section (b) is a country of cyber concern, an action 

2 plan— 

3 (A) to assist the government of that coun4 try to improve the capacity of the country to 

5 combat cybercrime; and 

6 (B) that contains benchmarks described in 

7 subsection (c). 

8 (2) REASSESSMENT OF COUNTRIES.—Not later 

9 than 2 years after the President submits the first re10 port required by section 3(a), and annually there11 after, the President shall— 

12 (A) reassess the countries for which the 

13 President has developed action plans under 

14 paragraph (1); 

15 (B) determine if any of those countries no 

16 longer meet the criteria under subsection (b) 

17 for being countries of cyber concern; and 

18 (C) determine if additional countries meet 

19 the criteria under subsection (b) for being coun20 tries of cyber concern and develop action plans 

21 for those countries. 

22 (3) CONSULTATIONS.—The President, acting 

23 through the Secretary of State and, as appropriate, 

24 the employees of the Department of State described 

25 in section 6, shall consult with the government of 


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1 each country for which the President develops an ac2 tion plan under paragraph (1) or (2) with respect 

3 to— 

4 (A) the development of the action plan; 

5 and 

6 (B) the efforts of the government of that 

7 country to comply with the benchmarks set 

8 forth in the action plan. 

9 (b) COUNTRIES OF CYBER CONCERN.—The Presi10 dent shall determine that a country is a country of cyber 

11 concern if the President finds that— 

12 (1) there is significant credible evidence that a 

13 pattern of incidents of cybercrime against the 

14 United States Government, private entities incor15 porated under the laws of the United States, or 

16 other United States persons has been carried out by 

17 persons within the country during the 2-year period 

18 preceding the date of the President’s determination; 

19 and 

20 (2) the government of the country has dem21 onstrated a pattern of being uncooperative with ef22 forts to combat cybercrime by— 

23 (A) failing to conduct its own reasonable 

24 criminal investigations, prosecutions, or other 


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1 proceedings with respect to the incidents of 

2 cybercrime described in paragraph (1); 

3 (B) failing to cooperate with the United 

4 States, any other party to the Convention on 

5 Cybercrime, or INTERPOL, in criminal inves6 tigations, prosecutions, or other proceedings 

7 with respect to such incidents, consistent with 

8 chapter III of the Convention on Cybercrime; or 

9 (C) not adopting or implementing legisla10 tive or other measures consistent with chapter 

11 II of the Convention on Cybercrime with re12 spect to criminal offenses related to computer 

13 systems or computer data. 

14 (c) BENCHMARKS DESCRIBED.—The benchmarks de15 scribed in this subsection— 

16 (1) are such legislative, institutional, enforce17 ment, or other actions as the President determines 

18 necessary to improve the capacity of the country to 

19 combat cybercrime; and 

20 (2) may include— 

21 (A) the initiation of credible criminal inves22 tigations, prosecutions, or other proceedings 

23 with respect to the incidents of cybercrime that 

24 resulted in the determination of the President 


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1 under subsection (b) that the country is a coun2 try of cyber concern; 

3 (B) cooperation with, or support for the ef4 forts of, the United States, other parties to the 

5 Convention on Cybercrime, or INTERPOL in 

6 criminal investigations, prosecutions, or other 

7 proceedings with respect to such persons, con8 sistent with chapter III of the Convention on 

9 Cybercrime; or 

10 (C) the implementation of legislative or 

11 other measures consistent with chapter II of the 

12 Convention on Cybercrime with respect to 

13 criminal offenses related to computer systems 

14 or computer data. 

15 (d) FAILURE TO MEET ACTION PLAN BENCH16 MARKS.— 

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

18 which an action plan is developed under subsection 

19 (a), the President, in consultation with the relevant 

20 Federal agencies, determines that the government of 

21 the country for which the action plan was developed 

22 has not complied with the benchmarks in the action 

23 plan, the President is urged to take one or more of 

24 the actions described in paragraph (2) with respect 

25 to the country. 


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1 (2) PRESIDENTIAL ACTION DESCRIBED.— 

2 (A) IN GENERAL.—Subject to subpara3 graph (B), the actions described in this para4 graph with respect to a country are the fol5 lowing: 

6 (i) OVERSEAS PRIVATE INVESTMENT

7 CORPORATION FINANCING.—Suspend, re8 strict, or prohibit the approval of new fi9 nancing (including loans, guarantees, other 

10 credits, insurance, and reinsurance) by the 

11 Overseas Private Investment Corporation 

12 with respect to a project located in the 

13 country or in which an entity owned or 

14 controlled by the government of the coun15 try participates. 

16 (ii) EXPORT-IMPORT BANK FINANC17 ING.—Suspend, restrict, or prohibit the ap18 proval of new financing (including loans, 

19 guarantees, other credits, insurance, and 

20 reinsurance) by the Export-Import Bank of 

21 the United States in connection with the 

22 export of any good or service to the coun23 try or to an entity owned or controlled by 

24 the government of the country. 


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1 (iii) MULTILATERAL DEVELOPMENT

2 BANK FINANCING.—Instruct the United 

3 States Executive Director of each multilat4 eral development bank (as defined in sec5 tion 1307(g) of the International Financial 

6 Institutions Act (22 U.S.C. 262m–7(g))) 

7 to oppose the approval of any new financ8 ing (including loans, guarantees, other 

9 credits, insurance, and reinsurance) by the 

10 multilateral development bank to the gov11 ernment of the country or with respect to 

12 a project located in the country or in which 

13 an entity owned or controlled by the gov14 ernment of the country participates. 

15 (iv) TRADE AND DEVELOPMENT

16 AGENCY.—Suspend, restrict, or prohibit 

17 the provision of assistance by the Trade 

18 and Development Agency in connection 

19 with a project located in the country or in 

20 which an entity owned or controlled by the 

21 government of the country participates. 

22 (v) PREFERENTIAL TRADE PRO23 GRAMS.—Suspend, limit, or withdraw any 

24 preferential treatment for which the coun25 try qualifies under the Generalized System 


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1 of Preferences under title V of the Trade 

2 Act of 1974 (19 U.S.C. 2461 et seq.), the 

3 Caribbean Basin Economic Recovery Act 

4 (19 U.S.C. 2701 et seq.), the Andean 

5 Trade Preference Act (19 U.S.C. 3201 et 

6 seq.), or the African Growth and Oppor7 tunity Act (19 U.S.C. 3701 et seq.). 

8 (vi) FOREIGN ASSISTANCE.—Suspend, 

9 restrict, or withdraw the provision of for10 eign assistance to the country or with re11 spect to projects carried out in the coun12 try, including assistance provided under 

13 the Foreign Assistance Act of 1961 (22 

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

15 (B) EXCEPTION.—The President may not 

16 suspend, restrict, prohibit, or withdraw assist17 ance described in clause (iv) or (vi) of subpara18 graph (A) that is provided for projects related 

19 to building capacity or taking actions to combat 

20 cybercrime. 

21 (3) RESTORATION OF BENEFITS.—The Presi22 dent shall revoke any actions taken with respect to 

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

24 the President, in consultation with the relevant Fed25 eral agencies, determines and certifies to Congress 


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1 that the government of the country has complied 

2 with the benchmarks described in subsection (c). 

3 (e) WAIVER.— 

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

5 the requirement under subsection (a) to develop an 

6 action plan for a country or the requirement under 

7 subsection (b) to make a determination with respect 

8 to a country if the President— 

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

10 national interest of the United States; and 

11 (B) submits to Congress a report describ12 ing the reasons for the determination. 

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

14 under paragraph (1)(B) shall be submitted in un15 classified form, but may contain a classified annex. 

16 SEC. 6. DESIGNATION OF OFFICIALS IN THE DEPARTMENT 

17 OF STATE TO BE RESPONSIBLE FOR COM18 BATING CYBERCRIME. 

19 The Secretary of State shall— 

20 (1) designate a high-level employee of the De21 partment of State— 

22 (A) to coordinate the full range of activi23 ties, policies, and opportunities associated with 

24 combating cybercrime and foreign policy; and 


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1 (B) whose primary responsibility will be to 

2 further those activities, policies, and opportuni3 ties at an international level; and 

4 (2) in consultation with the heads of other rel5 evant Federal agencies and in coordination with the 

6 relevant chief of mission, assign an employee to have 

7 primary responsibility with respect to matters relat8 ing to cybercrime policy in each country or region 

9 that the Secretary considers significant with respect 

10 to efforts of the United States Government to com11 bat cybercrime globally. 

12 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated such sums 

14 as may be necessary to carry out the provisions of this 

15 Act. 

Æ 


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