I 
111TH CONGRESS 
2D SESSION 
H. R. 4962 
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 HOUSE OF REPRESENTATIVES 
MARCH 25, 2010 
Ms. CLARKE (for herself, Mr. THOMPSON of Mississippi, Mr. KING of New 
York, Ms. LORETTA SANCHEZ of California, Mr. WEINER, and Ms. RICH-
ARDSON) introduced the following bill; which was referred to the Com-
mittee on Foreign Affairs, and in addition to the Committees on Ways 
and Means and Financial Services, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To require reporting on certain information and communica-
tions technologies of foreign countries, 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 Representa-
tives 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’’. 
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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 Buda-
pest November 23, 2001. 
(3) CYBERCRIME.—The term ‘‘cybercrime’’ re-
fers to criminal offenses relating to computer sys-
tems or computer data described in the Convention 
on Cybercrime. 
(4) INTERPOL.—The term ‘‘INTERPOL’’ 
means the International Criminal Police Organiza-
tion. 
(5) RELEVANT FEDERAL AGENCIES.—The term 
‘‘relevant Federal agencies’’ means any Federal 
agency 
that 
has 
responsibility 
for 
combating 
cybercrime globally, including the Department of 
Justice, the Department of Homeland Security, the 
Department of the Treasury, and the Department of 
State. 
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SEC. 3. ANNUAL REPORT. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, and annually thereafter, 
the President shall submit to Congress a report— 
(1) assessing, with respect to each country that 
is a member state of the United Nations— 
(A) the extent of the development and uti-
lization of information and communications 
technologies in the critical infrastructure, tele-
communications systems, and financial industry 
of the country; 
(B) the extent and nature of activities re-
lating to cybercrime that are based in the coun-
try; 
(C) the adequacy and effectiveness of the 
laws, regulations, and judicial and law enforce-
ment systems in the country with respect to 
combating cybercrime; and 
(D) measures taken by the government of 
the country to ensure the free flow of electronic 
commerce and to protect consumers from 
cybercrime; 
(2) identifying countries that are member states 
of the United Nations that the President determines 
have a low level of development or utilization of in-
formation and communications technologies in their 
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critical infrastructure, telecommunications systems, 
and financial industries; 
(3) assessing any multilateral efforts— 
(A) to prevent and investigate cybercrime; 
(B) to develop and share best practices to 
directly or indirectly combat cybercrime; and 
(C) to cooperate and take action with re-
spect to the prevention, investigation, and pros-
ecution of cybercrime; and 
(4) describing the steps taken by the United 
States to promote the multilateral efforts referred to 
in paragraph (3). 
(b) ADDITIONAL INFORMATION TO BE INCLUDED IN 
SUBSEQUENT REPORTS.—In each report required to be 
submitted under subsection (a) after the first report re-
quired by that subsection, the President shall include, in 
addition to the information required by that subsection— 
(1) an identification of countries for which ac-
tion plans have been developed under section 5; and 
(2) an assessment of the extent of the compli-
ance of each such country with the action plan devel-
oped for that country. 
(c) CONSULTATIONS.—It is the sense of Congress 
that the President should consult with the relevant Fed-
eral agencies, industry groups, civil society organizations, 
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and other interested parties in making the assessments re-
quired by paragraphs (1) through (3) of subsection (a) 
and subsection (b). 
(d) FORM OF REPORT.—The report required by sub-
section (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 ASSIST-
ANCE PROGRAMS TO COMBAT CYBERCRIME.— 
(1) IN GENERAL.—The President shall give pri-
ority to a country described in paragraph (2) with 
respect to foreign assistance and other programs de-
signed to combat cybercrime in the country by im-
proving the effectiveness and capacity of the legal 
and judicial systems and the capabilities of law en-
forcement agencies with respect to cybercrime. 
(2) COUNTRIES
DESCRIBED.—A country de-
scribed in this paragraph is a country identified 
under section 3(a)(2) as having a low level of devel-
opment or utilization of information and communica-
tions technologies in its critical infrastructure, tele-
communications systems, and financial industry. 
(b) SENSE OF CONGRESS WITH RESPECT TO BILAT-
ERAL AND MULTILATERAL ASSISTANCE.—It is the sense 
of Congress that— 
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(1) the President should include programs de-
signed to combat cybercrime in any bilateral or mul-
tilateral assistance that— 
(A) is extended to a country identified 
under section 3(a)(2) as having a low level of 
development or utilization of information and 
communications technologies in its critical in-
frastructure, telecommunications systems, and 
financial industry; and 
(B) addresses the critical infrastructure, 
telecommunications systems, financial industry, 
legal or judicial systems, or law enforcement ca-
pabilities of that country; and 
(2) such assistance should be provided in a 
manner that allows the country to sustain the ad-
vancements in combating cybercrime resulting from 
the assistance after the termination of the assist-
ance. 
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 President submits the first report required by 
section 3(a), the President shall develop, for each 
country that the President determines under sub-
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section (b) is a country of cyber concern, an action 
plan— 
(A) to assist the government of that coun-
try 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 President submits the first re-
port required by section 3(a), and annually there-
after, 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 coun-
tries of cyber concern and develop action plans 
for those countries. 
(3) CONSULTATIONS.—The President, acting 
through the Secretary of State and, as appropriate, 
the employees of the Department of State described 
in section 6, shall consult with the government of 
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