International Cybercrime Reporting and Cooperation Act - Directs the President to report annually to Congress regarding: (1) foreign countries’ use of information and communications technologies (ICT) in critical infrastructure, cybercrime based in each country, the adequacy of each country’s legal and law enforcement systems addressing cybercrime, and online protection of consumers and commerce; (2) multilateral efforts to prevent and investigate cybercrime, including U.S. actions to promote such multilateral efforts; and (3) countries for which action plans have been developed.
Directs the President to give priority for assistance to improve legal, judicial, and enforcement capabilities with respect to cybercrime to countries with low ICT levels of development or utilization in their critical infrastructure, telecommunications systems, and financial industries.
Directs the President to develop an action plan (with legislative, institutional, or enforcement benchmarks) and annual compliance assessment for each country determined to be a country of cyber concern: (1) from which there is a pattern of cybercrime incidents against the U.S. government, private U.S. entities, or other U.S. persons; and (2) whose government is uncooperative with efforts to combat cybercrime.
Urges the President to take restrictive actions against a country that has not complied with the appropriate benchmarks with respect to: (1) the Overseas Private Investment Corporation (OPIC); (2) the Export-Import Bank of the United States; (3) multilateral development financing; (4) the Trade and Development Agency; (5) preferential trade programs; and (6) foreign assistance.
Authorizes the President to waive the requirements to develop an action plan or make a determination of cyber concern if in U.S. national interest.
Directs the Secretary of State to: (1) designate a high-level Department of State employee to coordinate anti-cybercrime activities; and (2) assign an employee to have primary responsibility for cybercrime policy in each country or region significant to U.S. anti-cybercrime efforts.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4962 Introduced in House (IH)]
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.
Richardson) introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on Ways
and Means and Financial Services, for a period to be subsequently
determined 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 communications
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 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.
(3) Cybercrime.--The term ``cybercrime'' refers to criminal
offenses relating to computer systems or computer data
described in the Convention on Cybercrime.
(4) INTERPOL.--The term ``INTERPOL'' means the
International Criminal Police Organization.
(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.
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 utilization
of information and communications technologies in the
critical infrastructure, telecommunications systems,
and financial industry of the country;
(B) the extent and nature of activities relating to
cybercrime that are based in the country;
(C) the adequacy and effectiveness of the laws,
regulations, and judicial and law enforcement 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 information and communications
technologies in their 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 respect to
the prevention, investigation, and prosecution 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 required by that subsection, the President 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 of the extent of the compliance of each
such country with the action plan developed for that country.
(c) Consultations.--It is the sense of Congress that the President
should consult with the relevant Federal agencies, industry groups,
civil society organizations, and other interested parties in making the
assessments required by paragraphs (1) through (3) of subsection (a)
and subsection (b).
(d) 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 identified under section 3(a)(2) as
having a low level of development or utilization of information
and communications technologies in its critical infrastructure,
telecommunications systems, and financial industry.
(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 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 infrastructure,
telecommunications systems, and financial industry; 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 President
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 President 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
Secretary of State and, as appropriate, the employees of the
Department of State described in section 6, 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 a pattern
of incidents of cybercrime against the United States
Government, private entities incorporated under the laws of the
United States, or other United States persons has been carried
out by persons within the country during the 2-year period
preceding the date of the President's determination; 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) 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 relevant Federal agencies, 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) Overseas private investment corporation
financing.--Suspend, restrict, or prohibit the
approval of new financing (including loans,
guarantees, other credits, insurance, and
reinsurance) by the Overseas Private Investment
Corporation 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) Export-import bank financing.--
Suspend, restrict, or prohibit the approval of
new financing (including loans, guarantees,
other credits, insurance, and reinsurance) by
the Export-Import Bank of the United States in
connection with the export of any good or
service to the country or to an entity owned or
controlled by the government of the country.
(iii) Multilateral development bank
financing.--Instruct the United States
Executive Director of each multilateral
development bank (as defined in section 1307(g)
of the International Financial Institutions Act
(22 U.S.C. 262m-7(g))) to 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.
(iv) Trade and development agency.--
Suspend, restrict, or prohibit the provision of
assistance by the Trade and Development Agency
in connection with a project located in the
country or in which an entity owned or
controlled by the government of the country
participates.
(v) Preferential trade programs.--Suspend,
limit, or withdraw any preferential treatment
for which the country qualifies under the
Generalized System of Preferences under title V
of the Trade Act of 1974 (19 U.S.C. 2461 et
seq.), the Caribbean Basin Economic Recovery
Act (19 U.S.C. 2701 et seq.), the Andean Trade
Preference Act (19 U.S.C. 3201 et seq.), or the
African Growth and Opportunity Act (19 U.S.C.
3701 et seq.).
(vi) 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
clause (iv) or (vi) of subparagraph (A) that is
provided for projects related to building capacity or
taking 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
relevant Federal agencies, determines and certifies to Congress
that the government of the country has complied with the
benchmarks described in subsection (c).
(e) 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 OFFICIALS IN THE DEPARTMENT OF STATE TO BE
RESPONSIBLE FOR COMBATING CYBERCRIME.
The Secretary of State shall--
(1) designate a high-level employee of the Department of
State--
(A) to coordinate the full range of activities,
policies, and opportunities associated with combating
cybercrime and foreign policy; and
(B) whose primary responsibility will be to further
those activities, policies, and opportunities at an
international level; and
(2) in consultation with the heads of other relevant
Federal agencies and in coordination with the relevant chief of
mission, assign an employee to have primary responsibility with
respect to matters relating to cybercrime policy in each
country or region that the Secretary considers significant with
respect to efforts of the United States Government to combat
cybercrime globally.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.
<all>
Introduced in House
Introduced in House
Referred to House Foreign Affairs
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways and Means, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Ways and Means
Referred to House Financial Services
Referred to the Subcommittee on Trade.
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