[House Report 115-483]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2nd Session } { 115-483
======================================================================
CYBER DIPLOMACY ACT OF 2017
_______
January 3, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Royce of California, from the Committee on Foreign Affairs,
submitted the following
R E P O R T
[To accompany H.R. 3776]
[Including cost estimate of the Congressional Budget Office]
The Committee on Foreign Affairs, to whom was referred the
bill (H.R. 3776) to support United States international cyber
diplomacy, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill as amended do pass.
TABLE OF CONTENTS
Page
The Amendment.................................................... 1
Summary and Purpose.............................................. 7
Background and Need for the Legislation.......................... 8
Hearings......................................................... 10
Committee Consideration.......................................... 10
Committee Oversight Findings..................................... 10
New Budget Authority, Tax Expenditures, and Federal Mandates..... 10
Congressional Budget Office Cost Estimate........................ 10
Directed Rule Making............................................. 11
Non-Duplication of Federal Programs.............................. 11
Performance Goals and Objectives................................. 12
Congressional Accountability Act................................. 12
New Advisory Committees.......................................... 12
Earmark Identification........................................... 12
Section-by-Section Analysis...................................... 12
Changes in Existing Law Made by the Bill, as Reported............ 13
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cyber Diplomacy Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The stated goal of the United States International
Strategy for Cyberspace, launched on May 16, 2011, is to ``work
internationally to promote an open, interoperable, secure, and
reliable information and communications infrastructure that
supports international trade and commerce, strengthens
international security, and fosters free expression and
innovation . . . in which norms of responsible behavior guide
States' actions, sustain partnerships, and support the rule of
law in cyberspace.''.
(2) The Group of Governmental Experts (GGE) on Developments
in the Field of Information and Telecommunications in the
Context of International Security, established by the United
Nations General Assembly, concluded in its June 24, 2013,
report ``that State sovereignty and the international norms and
principles that flow from it apply to States' conduct of
[information and communications technology or ICT] related
activities and to their jurisdiction over ICT infrastructure
with their territory.''.
(3) On January 13, 2015, China, Kazakhstan, Kyrgyzstan,
Russia, Tajikistan, and Uzbekistan proposed a troubling
international code of conduct for information security which
defines responsible State behavior in cyberspace to include
``curbing the dissemination of information'' and the ``right to
independent control of information and communications
technology'' when a country's political security is threatened.
(4) The July 22, 2015, GGE consensus report found that,
``norms of responsible State behavior can reduce risks to
international peace, security and stability.''.
(5) On September 25, 2015, the United States and China
announced a commitment ``that neither country's government will
conduct or knowingly support cyber-enabled theft of
intellectual property, including trade secrets or other
confidential business information, with the intent of providing
competitive advantages to companies or commercial sectors.''.
(6) At the Antalya Summit from November 15-16, 2015, the
Group of 20 (G20) Leaders' Communique affirmed the
applicability of international law to State behavior in
cyberspace, called on States to refrain from cyber-enabled
theft of intellectual property for commercial gain, and
endorsed the view that all States should abide by norms of
responsible behavior.
(7) The March 2016 Department of State International
Cyberspace Policy Strategy noted that, ``the Department of
State anticipates a continued increase and expansion of our
cyber-focused diplomatic efforts for the foreseeable future.''.
(8) On December 1, 2016, the Commission on Enhancing National
Cybersecurity established within the Department of Commerce
recommended ``the President should appoint an Ambassador for
Cybersecurity to lead U.S. engagement with the international
community on cybersecurity strategies, standards, and
practices.''.
(9) The 2017 Group of 7 (G7) Declaration on Responsible
States Behavior in Cyberspace recognized on April 11, 2017,
``the urgent necessity of increased international cooperation
to promote security and stability in cyberspace . . .
consisting of the applicability of existing international law
to State behavior in cyberspace, the promotion of voluntary,
non-binding norms of responsible State behavior during
peacetime'' and reaffirmed ``that the same rights that people
have offline must also be protected online.''.
(10) In testimony before the Select Committee on Intelligence
of the Senate on May 11, 2017, the Director of National
Intelligence identified six cyber threat actors, including
Russia for ``efforts to influence the 2016 US election'';
China, for ``actively targeting the US Government, its allies,
and US companies for cyber espionage''; Iran for
``leverage[ing] cyber espionage, propaganda, and attacks to
support its security priorities, influence events and foreign
perceptions, and counter threats''; North Korea for
``previously conduct[ing] cyber-attacks against US commercial
entities--specifically, Sony Pictures Entertainment in 2014'';
terrorists, who ``use the Internet to organize, recruit, spread
propaganda, raise funds, collect intelligence, inspire action
by followers, and coordinate operations''; and criminals who
``are also developing and using sophisticated cyber tools for a
variety of purposes including theft, extortion, and
facilitation of other criminal activities''.
(11) On May 11, 2017, President Trump issued Presidential
Executive Order 13800 on Strengthening the Cybersecurity of
Federal Networks and Infrastructure which designated the
Secretary of State to lead an interagency effort to develop
strategic options for the President to deter adversaries from
cyber threats and an engagement strategy for international
cooperation in cybersecurity, noting that ``the United States
is especially dependent on a globally secure and resilient
internet and must work with allies and other partners'' toward
maintaining ``the policy of the executive branch to promote an
open, interoperable, reliable, and secure internet that fosters
efficiency, innovation, communication, and economic prosperity,
while respecting privacy and guarding against deception, fraud,
and theft.''.
SEC. 3. UNITED STATES INTERNATIONAL CYBERSPACE POLICY.
(a) In General.--Congress declares that it is the policy of the
United States to work internationally with allies and other partners to
promote an open, interoperable, reliable, unfettered, and secure
internet governed by the multistakeholder model which promotes human
rights, democracy, and rule of law, including freedom of expression,
innovation, communication, and economic prosperity, while respecting
privacy and guarding against deception, fraud, and theft.
(b) Implementation.--In implementing the policy described in
subsection (a), the President, in consultation with outside actors,
including technology companies, nongovernmental organizations, security
researchers, and other relevant stakeholders, shall pursue the
following objectives in the conduct of bilateral and multilateral
relations:
(1) Clarifying the applicability of international laws and
norms, including the law of armed conflict, to the use of ICT.
(2) Clarifying that countries that fall victim to malicious
cyber activities have the right to take proportionate
countermeasures under international law, provided such measures
do not violate a fundamental human right or peremptory norm.
(3) Reducing and limiting the risk of escalation and
retaliation in cyberspace, such as massive denial-of-service
attacks, damage to critical infrastructure, or other malicious
cyber activity that impairs the use and operation of critical
infrastructure that provides services to the public.
(4) Cooperating with like-minded democratic countries that
share common values and cyberspace policies with the United
States, including respect for human rights, democracy, and rule
of law, to advance such values and policies internationally.
(5) Securing and implementing commitments on responsible
country behavior in cyberspace based upon accepted norms,
including the following:
(A) Countries should not conduct or knowingly support
cyber-enabled theft of intellectual property, including
trade secrets or other confidential business
information, with the intent of providing competitive
advantages to companies or commercial sectors.
(B) Countries should cooperate in developing and
applying measures to increase stability and security in
the use of ICTs and to prevent ICT practices that are
acknowledged to be harmful or that may pose threats to
international peace and security.
(C) Countries should take all appropriate and
reasonable efforts to keep their territories clear of
intentionally wrongful acts using ICTs in violation of
international commitments.
(D) Countries should not conduct or knowingly support
ICT activity that, contrary to international law,
intentionally damages or otherwise impairs the use and
operation of critical infrastructure, and should take
appropriate measures to protect their critical
infrastructure from ICT threats.
(E) Countries should not conduct or knowingly support
malicious international activity that, contrary to
international law, harms the information systems of
authorized emergency response teams (sometimes known as
``computer emergency response teams'' or
``cybersecurity incident response teams'') or related
private sector companies of another country.
(F) Countries should identify economic drivers and
incentives to promote securely-designed ICT products
and to develop policy and legal frameworks to promote
the development of secure internet architecture.
(G) Countries should respond to appropriate requests
for assistance to mitigate malicious ICT activity aimed
at the critical infrastructure of another country
emanating from their territory.
(H) Countries should not restrict cross-border data
flows or require local storage or processing of data.
(I) Countries should protect the exercise of human
rights and fundamental freedoms on the Internet and
commit to the principle that the human rights that
people have offline enjoy the same protections online.
SEC. 4. DEPARTMENT OF STATE RESPONSIBILITIES.
(a) Office of Cyber Issues.--Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Office of Cyber Issues.--
``(1) In general.--There is established an Office of Cyber
Issues (in this subsection referred to as the `Office'). The
head of the Office shall have the rank and status of ambassador
and be appointed by the President, by and with the advice and
consent of the Senate.
``(2) Duties.--
``(A) In general.--The head of the Office shall
perform such duties and exercise such powers as the
Secretary of State shall prescribe, including
implementing the policy of the United States described
in section 3 of the Cyber Diplomacy Act of 2017.
``(B) Duties described.--The principal duties of the
head of the Office shall be to--
``(i) serve as the principal cyber-policy
official within the senior management of the
Department of State and advisor to the
Secretary of State for cyber issues;
``(ii) lead the Department of State's
diplomatic cyberspace efforts generally,
including relating to international
cybersecurity, internet access, internet
freedom, digital economy, cybercrime,
deterrence and international responses to cyber
threats;
``(iii) promote an open, interoperable,
reliable, unfettered, and secure information
and communications technology infrastructure
globally;
``(iv) represent the Secretary of State in
interagency efforts to develop and advance the
United States international cyberspace policy;
``(v) coordinate within the Department of
State and with other components of the United
States Government cyberspace efforts and other
relevant functions, including countering
terrorists' use of cyberspace; and
``(vi) act as liaison to public and private
sector entities on relevant cyberspace issues.
``(3) Qualifications.--The head of the Office should be an
individual of demonstrated competency in the field of--
``(A) cybersecurity and other relevant cyber issues;
and
``(B) international diplomacy.
``(4) Organizational placement.--The head of the Office shall
report to the Under Secretary for Political Affairs or official
holding a higher position in the Department of State.
``(5) Rule of construction.--Nothing in this subsection may
be construed as precluding--
``(A) the Office from being elevated to a Bureau of
the Department of State; and
``(B) the head of the Office from being elevated to
an Assistant Secretary, if such an Assistant Secretary
position does not increase the number of Assistant
Secretary positions at the Department above the number
authorized under subsection (c)(1).''.
(b) Sense of Congress.--It is the sense of Congress that the Office
of Cyber Issues established under section 1(g) of the State Department
Basic Authorities Act of 1956 (as amended by subsection (a) of this
section) should be a Bureau of the Department of State headed by an
Assistant Secretary, subject to the rule of construction specified in
paragraph (5)(B) of such section 1(g).
(c) United Nations.--The Permanent Representative of the United
States to the United Nations shall use the voice, vote, and influence
of the United States to oppose any measure that is inconsistent with
the United States international cyberspace policy described in section
3.
SEC. 5. INTERNATIONAL CYBERSPACE EXECUTIVE ARRANGEMENTS.
(a) In General.--The President is encouraged to enter into executive
arrangements with foreign governments that support the United States
international cyberspace policy described in section 3.
(b) Transmission to Congress.--The text of any executive arrangement
(including the text of any oral arrangement, which shall be reduced to
writing) entered into by the United States under subsection (a) shall
be transmitted to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate
not later than five days after such arrangement is signed or otherwise
agreed to, together with an explanation of such arrangement, its
purpose, how such arrangement is consistent with the United States
international cyberspace policy described in section 3, and how such
arrangement will be implemented.
(c) Status Report.--Not later than one year after the text of an
executive arrangement is transmitted to Congress pursuant to subsection
(b) and annually thereafter for seven years, or until such an
arrangement has been discontinued, the President shall report to the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate on the status of such
arrangement, including an evidence-based assessment of whether all
parties to such arrangement have fulfilled their commitments under such
arrangement and if not, what steps the United States has taken or plans
to take to ensure all such commitments are fulfilled, whether the
stated purpose of such arrangement is being achieved, and whether such
arrangement positively impacts building of cyber norms internationally.
Each such report shall include metrics to support its findings.
(d) Existing Executive Arrangements.--Not later than 60 days after
the date of the enactment of this Act, the President shall satisfy the
requirements of subsection (c) for the following executive arrangements
already in effect:
(1) The arrangement announced between the United States and
Japan on April 25, 2014.
(2) The arrangement announced between the United States and
the United Kingdom on January 16, 2015.
(3) The arrangement announced between the United States and
China on September 25, 2015.
(4) The arrangement announced between the United States and
Korea on October 16, 2015.
(5) The arrangement announced between the United States and
Australia on January 19, 2016.
(6) The arrangement announced between the United States and
India on June 7, 2016.
(7) The arrangement announced between the United States and
Argentina on April 27, 2017.
(8) The arrangement announced between the United States and
Kenya on June 22, 2017.
(9) The arrangement announced between the United States and
Israel on June 26, 2017.
(10) Any other similar bilateral or multilateral arrangement
announced before the date of the enactment of this Act.
SEC. 6. INTERNATIONAL STRATEGY FOR CYBERSPACE.
(a) Strategy Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of State, in coordination with the
heads of other relevant Federal departments and agencies, shall produce
a strategy relating to United States international policy with regard
to cyberspace.
(b) Elements.--The strategy required under subsection (a) shall
include the following:
(1) A review of actions and activities undertaken to support
the United States international cyberspace policy described in
section 3.
(2) A plan of action to guide the diplomacy of the Department
of State with regard to foreign countries, including conducting
bilateral and multilateral activities to develop the norms of
responsible international behavior in cyberspace, and status
review of existing efforts in multilateral fora to obtain
agreements on international norms in cyberspace.
(3) A review of alternative concepts with regard to
international norms in cyberspace offered by foreign countries.
(4) A detailed description of new and evolving threats to
United States national security in cyberspace from foreign
countries, State-sponsored actors, and private actors to
Federal and private sector infrastructure of the United States,
intellectual property in the United States, and the privacy of
citizens of the United States.
(5) A review of policy tools available to the President to
deter and de-escalate tensions with foreign countries, State-
sponsored actors, and private actors regarding threats in
cyberspace, and to what degree such tools have been used and
whether or not such tools have been effective.
(6) A review of resources required to conduct activities to
build responsible norms of international cyber behavior.
(7) A clarification of the applicability of international
laws and norms, including the law of armed conflict, to the use
of ICT.
(8) A clarification that countries that fall victim to
malicious cyber activities have the right to take proportionate
countermeasures under international law, including exercising
the right to collective and individual self-defense.
(9) A plan of action to guide the diplomacy of the Department
of State with regard to existing mutual defense agreements,
including the inclusion in such agreements of information
relating to the applicability of malicious cyber activities in
triggering mutual defense obligations.
(c) Form of Strategy.--
(1) Public availability.--The strategy required under
subsection (a) shall be available to the public in unclassified
form, including through publication in the Federal Register.
(2) Classified annex.--
(A) In general.--If the Secretary of State determines
that such is appropriate, the strategy required under
subsection (a) may include a classified annex
consistent with United States national security
interests.
(B) Rule of construction.--Nothing in this subsection
may be construed as authorizing the public disclosure
of an unclassified annex under subparagraph (A).
(d) Briefing.--Not later than 30 days after the production of the
strategy required under subsection (a), the Secretary of State shall
brief the Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate on such strategy,
including any material contained in a classified annex.
(e) Updates.--The strategy required under subsection (a) shall be
updated--
(1) not later than 90 days after there has been any material
change to United States policy as described in such strategy;
and
(2) not later than one year after each inauguration of a new
President.
(f) Preexisting Requirement.--Upon the production and publication of
the report required under section 3(c) of the Presidential Executive
Order 13800 on Strengthening the Cybersecurity of Federal Networks and
Critical Infrastructure on May 11, 2017, such report shall be
considered as satisfying the requirement under subsection (a) of this
section.
SEC. 7. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.
(a) Report Relating to Economic Assistance.--Section 116 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n) is amended by adding
at the end the following new subsection:
``(h)(1) The report required by subsection (d) shall include an
assessment of freedom of expression with respect to electronic
information in each foreign country. Such assessment shall consist of
the following:
``(A) An assessment of the extent to which government
authorities in each country inappropriately attempt to filter,
censor, or otherwise block or remove nonviolent expression of
political or religious opinion or belief via the internet,
including electronic mail, as well as a description of the
means by which such authorities attempt to block or remove such
expression.
``(B) An assessment of the extent to which government
authorities in each country have persecuted or otherwise
punished an individual or group for the nonviolent expression
of political, religious, or ideological opinion or belief via
the internet, including electronic mail.
``(C) An assessment of the extent to which government
authorities in each country have sought to inappropriately
collect, request, obtain, or disclose personally identifiable
information of a person in connection with such person's
nonviolent expression of political, religious, or ideological
opinion or belief, including expression that would be protected
by the International Covenant on Civil and Political Rights.
``(D) An assessment of the extent to which wire
communications and electronic communications are monitored
without regard to the principles of privacy, human rights,
democracy, and rule of law.
``(2) In compiling data and making assessments for the purposes of
paragraph (1), United States diplomatic personnel shall consult with
human rights organizations, technology and internet companies, and
other appropriate nongovernmental organizations.
``(3) In this subsection--
``(A) the term `electronic communication' has the meaning
given such term in section 2510 of title 18, United States
Code;
``(B) the term `internet' has the meaning given such term in
section 231(e)(3) of the Communications Act of 1934 (47 U.S.C.
231(e)(3));
``(C) the term `personally identifiable information' means
data in a form that identifies a particular person; and
``(D) the term `wire communication' has the meaning given
such term in section 2510 of title 18, United States Code.''.
(b) Report Relating to Security Assistance.--Section 502B of the
Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended--
(1) by redesignating the second subsection (i) (relating to
child marriage status) as subsection (j); and
(2) by adding at the end the following new subsection:
``(k)(1) The report required by subsection (b) shall include an
assessment of freedom of expression with respect to electronic
information in each foreign country. Such assessment shall consist of
the following:
``(A) An assessment of the extent to which government
authorities in each country inappropriately attempt to filter,
censor, or otherwise block or remove nonviolent expression of
political or religious opinion or belief via the internet,
including electronic mail, as well as a description of the
means by which such authorities attempt to block or remove such
expression.
``(B) An assessment of the extent to which government
authorities in each country have persecuted or otherwise
punished an individual or group for the nonviolent expression
of political, religious, or ideological opinion or belief via
the internet, including electronic mail.
``(C) An assessment of the extent to which government
authorities in each country have sought to inappropriately
collect, request, obtain, or disclose personally identifiable
information of a person in connection with such person's
nonviolent expression of political, religious, or ideological
opinion or belief, including expression that would be protected
by the International Covenant on Civil and Political Rights.
``(D) An assessment of the extent to which wire
communications and electronic communications are monitored
without regard to the principles of privacy, human rights,
democracy, and rule of law.
``(2) In compiling data and making assessments for the purposes of
paragraph (1), United States diplomatic personnel shall consult with
human rights organizations, technology and internet companies, and
other appropriate nongovernmental organizations.
``(3) In this subsection--
``(A) the term `electronic communication' has the meaning
given such term in section 2510 of title 18, United States
Code;
``(B) the term `internet' has the meaning given such term in
section 231(e)(3) of the Communications Act of 1934 (47 U.S.C.
231(e)(3));
``(C) the term `personally identifiable information' means
data in a form that identifies a particular person; and
``(D) the term `wire communication' has the meaning given
such term in section 2510 of title 18, United States Code.''.
Summary and Purpose
H.R. 3776, the Cyber Diplomacy Act, seeks to ensure robust
U.S. international engagement on emerging cyberspace issues and
in support of an open, interoperable, unfettered, reliable and
secure internet. To do this, the bill articulates a United
States international cyberspace policy guided by the
multistakeholder model that advances democratic principles and
rejects attempts by authoritarian regimes to exert more control
and censorship over the internet. In implementing this policy,
the bill requires the President to pursue specific objectives
in the conduct of bilateral and multilateral relations,
including securing and implementing commitments on responsible
country behavior in cyberspace based upon accepted norms.
Additionally, the legislation establishes a high-level
Ambassador for Cyberspace to lead the State Department's cyber
diplomacy efforts and directs the U.S. Ambassador to the United
Nations to advance United States international cyberspace
policy. To improve congressional oversight of executive
arrangements with foreign governments that support the United
States international cyberspace policy, H.R. 3776 establishes a
congressional notification process for preexisting and future
arrangements and requires each new President to update the
United States international strategy for cyberspace. Finally,
the bill requires the State Department's annual country report
on human rights to include assessments related to internet
freedoms.
Background and Need for the Legislation
Malicious cyber activities by state and non-state actors
threaten U.S. foreign policy, security, and economic interests
around the globe. The 2017 Worldwide Threat Assessment of the
United States Intelligence Community stated, ``Our adversaries
are becoming more adept at using cyberspace to threaten our
interests and advance their own, and despite improving our
cyber defenses, nearly all information, communication networks,
and systems will be at risk for years.'' Vulnerabilities to
information communication technology (ICT) are no longer
theoretical. In testimony before the Select Committee on
Intelligence of the Senate on May 11, 2017, the Director of
National Intelligence identified six cyber threat actors,
including Russia for ``efforts to influence the 2016 US
election;'' China, for ``actively targeting the US Government,
its allies, and US companies for cyber espionage;'' Iran for
``leverage[ing] cyber espionage, propaganda, and attacks to
support its security priorities, influence events and foreign
perceptions, and counter threats;'' North Korea for
``previously conduct[ing] cyber-attacks against US commercial
entities--specifically, Sony Pictures Entertainment in 2014;''
terrorists, who ``use the Internet to organize, recruit, spread
propaganda, raise funds, collect intelligence, inspire action
by followers, and coordinate operations;'' and criminals who
``are also developing and using sophisticated cyber tools for a
variety of purposes including theft, extortion, and
facilitation of other criminal activities.''
In 2015, hackers stole the personnel files of some 20
million current and former Federal employees in a massive data
breach of the Office of Personnel Management (OPM). The WanaCry
and Petya ransomware attacks in 2017 demonstrate the reach of
hackers who affected millions of computers in over 150
countries, crippling hospitals and halting international
shipping. Cybercrime is estimated to cost $450 billion each
year to the economy globally. Research indicates that number
could climb to $2 trillion by 2019.
The State Department plays a critical role in promoting an
open, interoperable, unfettered, reliable, and secure
cyberspace by de-escalating cyber tensions with foreign
countries through the development of international norms of
responsible state behavior in cyberspace, and deterring
malicious actors from carrying out destructive cyber
operations. In recognition of the growing challenges in
cyberspace and the importance of a whole-of-government approach
to addressing them, the State Department established the Office
of the Coordinator for Cyber Issues in 2011 to lead the
Department's engagement on cybersecurity and other cyber
issues. The first of its kind in any foreign ministry in the
world, the Coordinator was housed within the Office of the
Secretary of State, giving it the functional status of an
Assistant Secretary. However, the position was not subject to
Senate confirmation and was never formally authorized in
statute.
Since its establishment, Office of the Coordinator for
Cyber Issues launched ``whole of government'' cyber dialogues
with numerous countries, designed and carried out regional
capacity building initiatives, worked to reduce cyber threats
worldwide by combatting operational threats such as Distributed
Denial of Service and large-scale cyber intrusions for the
purposes of stealing intellectual property and proprietary
business information. For example, the U.S. and China agreed in
2015 not to conduct cyber espionage for commercial gain against
each other.
The Office of the Coordinator for Cyber Issues has also
worked diplomatically to build a consensus around the U.S.
vision of an open, interoperable, secure and reliable
cyberspace, as laid out in the 2011 International Strategy for
Cyberspace and reaffirmed by Executive Order 138000 on May 11,
2017. Central to this effort is the promotion of an
international framework of cyber stability that includes
building a consensus around norms of acceptable behavior and
reaching agreement on transparency and confidence-building
measures designed to reduce the risk of miscalculation that
could inadvertently lead to conflict in cyberspace. In 2013,
the United Nations (UN) group of government experts (GGE)
agreed that international law, including the UN Charter,
applies to state activity in cyberspace. In 2015, the same
group agreed to four peacetime norms promoted by the U.S.: (1)
states should not interfere with each other's critical
infrastructure; (2) they should not target each other's
computer emergency response teams (CERT); (3) they should
assist other nations investigating cyberattacks; and (4) they
are responsible for actions that originate from their
territory.
Executive Order 13800 recognizes the State Department's
important contributions to the nation's cybersecurity by
charging the Secretary of State with leading an inter-agency
effort to develop recommendations for the President on (1)
strategic options for deterring adversaries and better
protecting the American people from cyber threats; and (2) an
engagement strategy for international cooperation in
cybersecurity. Despite the prominent role assigned to the
Department by the President's Executive Order, Secretary
Tillerson notified Congress of his intention to downgrade the
Office of the Coordinator for Cyber Issues and merge it into an
existing office within the Bureau of Economic and Business
Affairs.
At a full committee hearing on September 26, 2017, Members
questioned Deputy Secretary Sullivan about placing the
Department's cyber diplomacy functions within the Bureau of
Economic and Business Affairs and expressed a desire for the
Department to have continued high-level leadership focused on
the whole range of cyber issues not relegated just to
economics, but also including cybersecurity, internet access,
online rights, deterrence, and cyber crime. Representative
Wilson and Representative McCaul reminded the Deputy Secretary
that the House passed the Digital Global Access Policy Act (or
the Digital GAP Act) with broad bipartisan support in 2016 and
2017, expressing the Sense of Congress that there should be an
Assistant Secretary for Cyberspace to lead the Department's
diplomatic cyberspace policy. The Deputy Secretary responded
that ``the final decision about where and at what level we will
place the cybersecurity responsibility hasn't been decided''
and said that he ``had a number of conversations [with
Secretary Tillerson] about the need to elevate this issue
within the State Department, cyber broadly defined, not only
our cyber defense but our cyber diplomacy,'' concluding that
his ``expectation is that as part of our redesign, we will
elevate to a Senate-confirm level the role.''
Hearings
The committee held a hearing in 2015, entitled ``Cyber War:
Definitions, Deterrence, and Foreign Policy'' with a private
sector panel. In July 2017, the committee noticed a hearing on
``U.S. Cyber Diplomacy'' with the Coordinator for Cyber Issues
which was cancelled after the State Department informed the
committee that the Coordinator would not be available.
Additionally, the Subcommittee on Asia and the Pacific held a
hearing in April 2017 on ``China's Technological Rise:
Challenges to U.S. Innovation and Security'' related to the
contents of H.R. 3776.
Committee Consideration
On November 15, 2017, the Committee on Foreign Affairs
marked up H.R. 3776 in open session, pursuant to notice. An
amendment in the nature of a substitute (offered by Chairman
Royce) and three amendments to that amendment in the nature of
a substitute (offered by Mr. Castro, Mr. McCaul, and Mr.
Schneider) were considered en bloc with the underlying bill,
and were agreed to by voice vote.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of Rules of
the House of Representatives, the committee reports that
findings and recommendations of the committee, based on
oversight activities under clause 2(b)(1) of House Rule X, are
incorporated in the descriptive portions of this report,
particularly in the ``Background and Need for the Legislation''
and ``Section-by-Section Analysis'' sections.
New Budget Authority, Tax Expenditures, and Federal Mandates
In compliance with clause 3(c)(2) of House Rule XIII and
the Unfunded Mandates Reform Act (P.L. 104-4), the committee
adopts as its own the estimate of new budget authority,
entitlement authority, tax expenditure or revenues, and Federal
mandates contained in the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 14, 2017.
Hon. Edward R. Royce, Chairman,
Committee on Foreign Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3776, the Cyber
Diplomacy Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sunita
D'Monte, who can be reached at 226-2840.
Sincerely,
Keith Hall.
Enclosure
cc:
Honorable Eliot L. Engel
Ranking Member
H.R. 3776--Cyber Diplomacy Act of 2017
As ordered reported by the House Committee on Foreign
Affairs on November 15, 2017.
H.R. 3776 would codify the role and responsibilities of an
existing office within the Department of State that works to
advance U.S. interests in cyberspace and coordinates U.S.
efforts to promote open, reliable, and secure communications
technology. In addition, the bill would require briefings or
reports to the Congress on:
LExecutive agreements on cyberspace policy
made with other countries;
LUpdates to an existing international policy
on cyberspace; and
LFreedom of expression through electronic
means in foreign countries.
The department indicated that implementing H.R. 3776 would
not change the current policies and practices of the office nor
would it impose any additional costs. Using information about
the costs of similar reports, CBO estimates that implementing
the reporting requirements under H.R. 3776 would cost less than
$500,000 over the 2018-2022 period; such spending would be
subject to the availability of appropriated funds.
Enacting H.R. 3776 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 3776 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 3776 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Sunita D'Monte.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Directed Rule Making
Pursuant to clause 3(c) of House Rule XIII, as modified by
section 3(i) of H. Res. 5 during the 115th Congress, the
committee notes that H.R. 3776 contains no directed rule-making
provisions.
Non-Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House Rule XIII, the
committee states that no provision of this bill establishes or
reauthorizes a program of the Federal Government known to be
duplicative of another Federal program, a program that was
included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most
recent Catalog of Federal Domestic Assistance.
Performance Goals and Objectives
The objective of this legislation is to bolster American
leadership on international cyberspace efforts, including by
encouraging the President to leverage the expertise of various
stakeholders to secure and implement international commitments
on responsible state behavior in cyberspace based upon norms.
The overriding goal is to ensure that the internet is open,
interoperable, reliable, and secure. Section 5 of the Act
requires the President to transmit to Congress the details of
any executive arrangements entered into by the United States
with foreign governments in support of such commitments,
including annual status reports which shall include an
evidence-based assessment of whether all parties to such
arrangement have fulfilled their commitments under such
arrangement including metrics to support such findings. This
will enable Congress to conduct effective oversight of
performance and results.
Congressional Accountability Act
H.R. 3776 does not apply to terms and conditions of
employment or to access to public services or accommodations
within the legislative branch.
New Advisory Committees
H.R. 3776 does not establish or authorize any new advisory
committees.
Earmark Identification
H.R. 3776 contains no congressional earmarks, limited tax
benefits, or limited tariff benefits as described in clauses
9(e), 9(f), and 9(g) of House Rule XXI.
Section-by-Section Analysis
Section 1. Short Title. The bill may be cited as the
``Cyber Diplomacy Act of 2017''.
Section 2. Findings. Includes 11 congressional findings.
Section 3. United States International Cyberspace Policy.
Establishes the United States international cyberspace policy,
guided by the ``multistakeholder model'' that rejects Russia
and China's concept of government-led ``cyber sovereignty'' and
specifies five key objectives for the President to pursue in
implementing such policy, such as securing commitments on
responsible country behavior in cyberspace based upon norms
outlined in the bill.
Section 4. Department of State Responsibilities. Amends the
State Department Basic Authorities Act of 1956 (22 U.S.C.
2651a) to establish an Office of Cyber Issues headed by an
Ambassador who shall report to the Under Secretary for
Political Affairs or official holding a higher position in the
Department of State and expresses the sense of Congress that
the Office should be a Bureau of the Department headed by an
Assistant Secretary. This section also directs the U.S.
Permanent Representative at the United Nations to use the
voice, vote, and influence of the United States to oppose
measures that are inconsistent with and not reflective of the
international cyberspace policy established under Section 3.
The establishment of the Office of Cyber Issues by this
section shall not be construed as duplicating any other
offices, positions or functions in effect at the Department of
State. Rather, the Office of Cyber Issues shall be the sole
office with the primary responsibility for the duties described
in this section.
Section 5. International Cyberspace Agreements. Encourages
the President to enter into arrangements with foreign
governments to support the United States international
cyberspace policy established under Section 3 and establishes a
congressional notification process for preexisting and future
arrangements which shall include an evidence-based assessment
of whether all parties to such arrangements have fulfilled
their commitments and if not, what steps the United States has
taken or plans to take to ensure all such commitments are
fulfilled, whether the stated purpose of such arrangement is
being achieved, and whether such arrangement positively impacts
building of cyber norms internationally.
Section 6. International Strategy for Cyberspace. Requires
each new President to produce a comprehensive strategy relating
to the United States international strategy with regard to
cyberspace.
Section 7. Annual Country Reports on Human Rights
Practices. Requires the State Department's annual country
report on human rights to include assessments related to
Internet freedoms.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956
* * * * * * *
TITLE I--BASIC AUTHORITIES GENERALLY
organization of the department of state
Section 1. (a) Secretary of State.--
(1) The Department of State shall be administered, in
accordance with this Act and other provisions of law,
under the supervision and direction of the Secretary of
State (hereinafter referred to as the ``Secretary'').
(2) The Secretary, the Deputy Secretary of State, and
the Deputy Secretary of State for Management and
Resources shall be appointed by the President, by and
with the advice and consent of the Senate.
(3)(A) Notwithstanding any other provision of law and
except as provided in this section, the Secretary shall
have and exercise any authority vested by law in any
office or official of the Department of State. The
Secretary shall administer, coordinate, and direct the
Foreign Service of the United States and the personnel
of the Department of State, except where authority is
inherent in or vested in the President.
(B)(i) The Secretary shall not have the authority of
the Inspector General or the Chief Financial Officer.
(ii) The Secretary shall not have any authority given
expressly to diplomatic or consular officers.
(4) The Secretary is authorized to promulgate such
rules and regulations as may be necessary to carry out
the functions of the Secretary of State and the
Department of State. Unless otherwise specified in law,
the Secretary may delegate authority to perform any of
the functions of the Secretary or the Department to
officers and employees under the direction and
supervision of the Secretary. The Secretary may
delegate the authority to redelegate any such
functions.
(b) Under Secretaries.--
(1) In general.--There shall be in the Department of
State not more than 6 Under Secretaries of State, who
shall be appointed by the President, by and with the
advice and consent of the Senate, and who shall be
compensated at the rate provided for at level III of
the Executive Schedule under section 5314 of title 5,
United States Code.
(2) Under secretary for arms control and
international security.--There shall be in the
Department of State, among the Under Secretaries
authorized by paragraph (1), an Under Secretary for
Arms Control and International Security, who shall
assist the Secretary and the Deputy Secretary in
matters related to international security policy, arms
control, and nonproliferation. Subject to the direction
of the President, the Under Secretary may attend and
participate in meetings of the National Security
Council in his role as Senior Advisor to the President
and the Secretary of State on Arms Control and
Nonproliferation Matters.
(3) Under secretary for public diplomacy.--There
shall be in the Department of State, among the Under
Secretaries authorized by paragraph (1), an Under
Secretary for Public Diplomacy, who shall have primary
responsibility to assist the Secretary and the Deputy
Secretary in the formation and implementation of United
States public diplomacy policies and activities,
including international educational and cultural
exchange programs, information, and international
broadcasting. The Under Secretary for Public Diplomacy
shall--
(A) prepare an annual strategic plan for
public diplomacy in collaboration with overseas
posts and in consultation with the regional and
functional bureaus of the Department;
(B) ensure the design and implementation of
appropriate program evaluation methodologies;
(C) provide guidance to Department personnel
in the United States and overseas who conduct
or implement public diplomacy policies,
programs, and activities;
(D) assist the United States Agency for
International Development and the Broadcasting
Board of Governors to present the policies of
the United States clearly and effectively; and
(E) submit statements of United States policy
and editorial material to the Broadcasting
Board of Governors for broadcast consideration.
(4) Nomination of Under Secretaries.--Whenever the
President submits to the Senate a nomination of an
individual for appointment to a position in the
Department of State that is described in paragraph (1),
the President shall designate the particular Under
Secretary position in the Department of State that the
individual shall have.
(c) Assistant Secretaries.--
(1) In general.--There shall be in the Department of
State not more than 24 Assistant Secretaries of State
who shall be compensated at the rate provided for at
level IV of the Executive Schedule under section 5315
of title 5. Each Assistant Secretary of State shall be
appointed by the President, by and with the advice and
consent of the Senate, except that the appointments of
the Assistant Secretary for Public Affairs and the
Assistant Secretary for Administration shall not be
subject to the advice and consent of the Senate.
(2) Assistant secretary of state for democracy, human
rights, and labor.--(A) There shall be in the
Department of State an Assistant Secretary of State for
Democracy, Human Rights, and Labor who shall be
responsible to the Secretary of State for matters
pertaining to human rights and humanitarian affairs
(including matters relating to prisoners of war and
members of the United States Armed Forces missing in
action) in the conduct of foreign policy and such other
related duties as the Secretary may from time to time
designate. The Secretary of State shall carry out the
Secretary's responsibility under section 502B of the
Foreign Assistance Act of 1961 through the Assistant
Secretary.
(B) The Assistant Secretary of State for Democracy,
Human Rights, and Labor shall maintain continuous
observation and review all matters pertaining to human
rights and humanitarian affairs (including matters
relating to prisoners of war and members of the United
States Armed Forces missing in action) in the conduct
of foreign policy including the following:
(i) Gathering detailed information regarding
humanitarian affairs and the observance of and
respect for internationally recognized human
rights in each country to which requirements of
sections 116 and 502B of the Foreign Assistance
Act of 1961 are relevant.
(ii) Preparing the statements and reports to
Congress required under section 502B of the
Foreign Assistance Act of 1961.
(iii) Making recommendations to the Secretary
of State and the Administrator of the Agency
for International Development regarding
compliance with sections 116 and 502B of the
Foreign Assistance Act of 1961, and as part of
the Assistant Secretary's overall policy
responsibility for the creation of United
States Government human rights policy, advising
the Administrator of the Agency for
International Development on the policy
framework under which section 116(e) projects
are developed and consulting with the
Administrator on the selection and
implementation of such projects.
(iv) Performing other responsibilities which
serve to promote increased observance of
internationally recognized human rights by all
countries.
(3) Nomination of Assistant Secretaries.--Whenever
the President submits to the Senate a nomination of an
individual for appointment to a position in the
Department of State that is described in paragraph (1),
the President shall designate the regional or
functional bureau or bureaus of the Department of State
with respect to which the individual shall have
responsibility.
(d) Other Senior Officials.--In addition to officials of the
Department of State who are otherwise authorized to be
appointed by the President, by and with the advice and consent
of the Senate, and to be compensated at level IV of the
Executive Schedule of section 5315 of title 5, United States
Code, four other such appointments are authorized.
(e) Coordinator for Counterterrorism.--
(1) In general.--There is within the office of the
Secretary of State a Coordinator for Counterterrorism
(in this paragraph referred to as the ``Coordinator'')
who shall be appointed by the President, by and with
the advice and consent of the Senate.
(2) Duties.--
(A) In general.--The Coordinator shall
perform such duties and exercise such powers as
the Secretary of State shall prescribe.
(B) Duties described.--The principal duty of
the Coordinator shall be the overall
supervision (including policy oversight of
resources) of international counterterrorism
activities. The Coordinator shall be the
principal adviser to the Secretary of State on
international counterterrorism matters. The
Coordinator shall be the principal
counterterrorism official within the senior
management of the Department of State and shall
report directly to the Secretary of State.
(3) Rank and status of ambassador.--The Coordinator
shall have the rank and status of Ambassador at Large.
(f) HIV/AIDS Response Coordinator.--
(1) In general.--There shall be established within
the Department of State in the immediate office of the
Secretary of State a Coordinator of United States
Government Activities to Combat HIV/AIDS Globally, who
shall be appointed by the President, by and with the
advice and consent of the Senate. The Coordinator shall
report directly to the Secretary.
(2) Authorities and duties; definitions.--
(A) Authorities.--The Coordinator, acting
through such nongovernmental organizations
(including faith-based and community-based
organizations), partner country finance,
health, and other relevant ministries, and
relevant executive branch agencies as may be
necessary and appropriate to effect the
purposes of this section, is authorized--
(i) to operate internationally to
carry out prevention, care, treatment,
support, capacity development, and
other activities for combatting HIV/
AIDS;
(ii) to transfer and allocate funds
to relevant executive branch agencies;
and
(iii) to provide grants to, and enter
into contracts with, nongovernmental
organizations (including faith-based
and community-based organizations),
partner country finance, health, and
other relevant ministries, to carry out
the purposes of section.
(B) Duties.--
(i) In general.--The Coordinator
shall have primary responsibility for
the oversight and coordination of all
resources and international activities
of the United States Government to
combat the HIV/AIDS pandemic, including
all programs, projects, and activities
of the United States Government
relating to the HIV/AIDS pandemic under
the United States Leadership Against
HIV/AIDS, Tuberculosis, and Malaria Act
of 2003 or any amendment made by that
Act.
(ii) Specific duties.--The duties of
the Coordinator shall specifically
include the following:
(I) Ensuring program and
policy coordination among the
relevant executive branch
agencies and nongovernmental
organizations, including
auditing, monitoring, and
evaluation of all such
programs.
(II) Ensuring that each
relevant executive branch
agency undertakes programs
primarily in those areas where
the agency has the greatest
expertise, technical
capabilities, and potential for
success.
(III) Avoiding duplication of
effort.
(IV) Establishing an
interagency working group on
HIV/AIDS headed by the Global
AIDS Coordinator and comprised
of representatives from the
United States Agency for
International Development and
the Department of Health and
Human Services, for the
purposes of coordination of
activities relating to HIV/
AIDS, including--
(aa) meeting
regularly to review
progress in partner
countries toward HIV/
AIDS prevention,
treatment, and care
objectives;
(bb) participating in
the process of
identifying countries
to consider for
increased assistance
based on the
epidemiology of HIV/
AIDS in those
countries, including
clear evidence of a
public health threat,
as well as government
commitment to address
the HIV/AIDS problem,
relative need, and
coordination and joint
planning with other
significant actors;
(cc) assisting the
Coordinator in the
evaluation, execution,
and oversight of
country operational
plans;
(dd) reviewing
policies that may be
obstacles to reaching
targets set forth for
HIV/AIDS prevention,
treatment, and care;
and
(ee) consulting with
representatives from
additional relevant
agencies, including the
National Institutes of
Health, the Health
Resources and Services
Administration, the
Department of Labor,
the Department of
Agriculture, the
Millennium Challenge
Corporation, the Peace
Corps, and the
Department of Defense.
(V) Coordinating overall
United States HIV/AIDS policy
and programs, including
ensuring the coordination of
relevant executive branch
agency activities in the field,
with efforts led by partner
countries, and with the
assistance provided by other
relevant bilateral and
multilateral aid agencies and
other donor institutions to
promote harmonization with
other programs aimed at
preventing and treating HIV/
AIDS and other health
challenges, improving primary
health, addressing food
security, promoting education
and development, and
strengthening health care
systems.
(VI) Resolving policy,
program, and funding disputes
among the relevant executive
branch agencies.
(VII) Holding annual
consultations with
nongovernmental organizations
in partner countries that
provide services to improve
health, and advocating on
behalf of the individuals with
HIV/AIDS and those at
particular risk of contracting
HIV/AIDS, including
organizations with members who
are living with HIV/AIDS.
(VIII) Ensuring, through
interagency and international
coordination, that HIV/AIDS
programs of the United States
are coordinated with, and
complementary to, the delivery
of related global health, food
security, development, and
education.
(IX) Directly approving all
activities of the United States
(including funding) relating to
combatting HIV/AIDS in each of
Botswana, Cote d'Ivoire,
Ethiopia, Guyana, Haiti, Kenya,
Mozambique, Namibia, Nigeria,
Rwanda, South Africa, Tanzania,
Uganda, Vietnam, Zambia, and
other countries designated by
the President, which other
designated countries may
include those countries in
which the United States is
implementing HIV/AIDS programs
as of the date of the enactment
of the United States Leadership
Against HIV/AIDS, Tuberculosis,
and Malaria Act of 2003 and
other countries in which the
United States is implementing
HIV/AIDS programs as part of
its foreign assistance program.
In designating additional
countries under this
subparagraph, the President
shall give priority to those
countries in which there is a
high prevalence of HIV or risk
of significantly increasing
incidence of HIV within the
general population and
inadequate financial means
within the country.
(X) Working with partner
countries in which the HIV/AIDS
epidemic is prevalent among
injection drug users to
establish, as a national
priority, national HIV/AIDS
prevention programs.
(XI) Working with partner
countries in which the HIV/AIDS
epidemic is prevalent among
individuals involved in
commercial sex acts to
establish, as a national
priority, national prevention
programs, including education,
voluntary testing, and
counseling, and referral
systems that link HIV/AIDS
programs with programs to
eradicate trafficking in
persons and support
alternatives to prostitution.
(XII) Establishing due
diligence criteria for all
recipients of funds
appropriated for HIV/ AIDS
assistance pursuant to the
authorization of appropriations
under section 401 of the United
States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria
Act of 2003 (22 U.S.C. 7671)
and all activities subject to
the coordination and
appropriate monitoring,
evaluation, and audits carried
out by the Coordinator
necessary to assess the
measurable outcomes of such
activities.
(XIII) Publicizing updated
drug pricing data to inform the
purchasing decisions of
pharmaceutical procurement
partners.
(C) Definitions.--In this paragraph:
(i) AIDS.--The term ``AIDS'' means
acquired immune deficiency syndrome.
(ii) HIV.--The term ``HIV'' means the
human immunodeficiency virus, the
pathogen that causes AIDS.
(iii) HIV/AIDS.--The term ``HIV/
AIDS'' means, with respect to an
individual, an individual who is
infected with HIV or living with AIDS.
(iv) Relevant executive branch
agencies.--The term ``relevant
executive branch agencies'' means the
Department of State, the United States
Agency for International Development,
the Department of Health and Human
Services (including the Public Health
Service), and any other department or
agency of the United States that
participates in international HIV/AIDS
activities pursuant to the authorities
of such department or agency or this
Act.
(g) Office of Cyber Issues.--
(1) In general.--There is established an Office of
Cyber Issues (in this subsection referred to as the
``Office''). The head of the Office shall have the rank
and status of ambassador and be appointed by the
President, by and with the advice and consent of the
Senate.
(2) Duties.--
(A) In general.--The head of the Office shall
perform such duties and exercise such powers as
the Secretary of State shall prescribe,
including implementing the policy of the United
States described in section 3 of the Cyber
Diplomacy Act of 2017.
(B) Duties described.--The principal duties
of the head of the Office shall be to--
(i) serve as the principal cyber-
policy official within the senior
management of the Department of State
and advisor to the Secretary of State
for cyber issues;
(ii) lead the Department of State's
diplomatic cyberspace efforts
generally, including relating to
international cybersecurity, internet
access, internet freedom, digital
economy, cybercrime, deterrence and
international responses to cyber
threats;
(iii) promote an open, interoperable,
reliable, unfettered, and secure
information and communications
technology infrastructure globally;
(iv) represent the Secretary of State
in interagency efforts to develop and
advance the United States international
cyberspace policy;
(v) coordinate within the Department
of State and with other components of
the United States Government cyberspace
efforts and other relevant functions,
including countering terrorists' use of
cyberspace; and
(vi) act as liaison to public and
private sector entities on relevant
cyberspace issues.
(3) Qualifications.--The head of the Office should be
an individual of demonstrated competency in the field
of--
(A) cybersecurity and other relevant cyber
issues; and
(B) international diplomacy.
(4) Organizational placement.--The head of the Office
shall report to the Under Secretary for Political
Affairs or official holding a higher position in the
Department of State.
(5) Rule of construction.--Nothing in this subsection
may be construed as precluding--
(A) the Office from being elevated to a
Bureau of the Department of State; and
(B) the head of the Office from being
elevated to an Assistant Secretary, if such an
Assistant Secretary position does not increase
the number of Assistant Secretary positions at
the Department above the number authorized
under subsection (c)(1).
[(g)] (h) Qualifications of Certain Officers of the
Department of State.--
(1) Officer having primary responsibility for
personnel management.--The officer of the Department of
State with primary responsibility for assisting the
Secretary with respect to matters relating to personnel
in the Department of State, or that officer's principal
deputy, shall have substantial professional
qualifications in the field of human resource policy
and management.
(2) Officer having primary responsibility for
diplomatic security.--The officer of the Department of
State with primary responsibility for assisting the
Secretary with respect to diplomatic security, or that
officer's principal deputy, shall have substantial
professional qualifications in the fields of (A)
management, and (B) Federal law enforcement,
intelligence, or security.
(3) Officer having primary responsibility for
international narcotics and law enforcement.--The
officer of the Department of State with primary
responsibility for assisting the Secretary with respect
to international narcotics and law enforcement, or that
officer's principal deputy, shall have substantial
professional qualifications in the fields of (A)
management, and (B) law enforcement or international
narcotics policy.
* * * * * * *
----------
FOREIGN ASSISTANCE ACT OF 1961
* * * * * * *
PART I
Chapter 1--Policy; Development Assistance Authorizations
* * * * * * *
Sec. 116. Human Rights.--(a) No assistance may be provided
under this part to the government of any country which engages
in a consistent pattern of gross violations of internationally
recognized human rights, including torture or cruel, inhuman,
or degrading treatment or punishment, prolonged detention
without charges, causing the disappearance of persons by the
abduction and clandestine detention of those persons, or other
flagrant denial of the right to life, liberty, and the security
of person, unless such assistance will directly benefit the
needy people in such country.
(b) In determining whether this standard is being met with
regard to funds allocated under this part, the Committee on
Foreign Relations of the Senate or the Committee on Foreign
Affairs of the House of Representatives may require the
Administrator primarily responsible for administering part I of
this Act to submit in writing information demonstrating that
such assistance will directly benefit the needy people in such
country, together with a detailed explanation of the assistance
to be provided (including the dollar amounts of such
assistance) and an explanation of how such assistance will
directly benefit the needy people in such country. If either
committee or either House of Congress disagrees with the
Administrator's justification it may initiate action to
terminate assistance to any country by a concurrent resolution
under section 617 of this Act.
(b) No assistance may be provided to any government failing
to take appropriate and adequate measures, within their means,
to protect children from exploitation, abuse or forced
conscription into military or paramilitary services.
(c) In determining whether or not a government falls within
the provisions of subsection (a) and in formulating development
assistance programs under this part, the Administrator shall
consider, in consultation with the Assistant Secretary of State
for Democracy, Human Rights, and Labor and in consultation with
the Ambassador at Large for International Religious Freedom--
(1) the extent of cooperation of such government in
permitting an unimpeded investigation of alleged
violations of internationally recognized human rights
by appropriate international organizations, including
the International Committee of the Red Cross, or groups
or persons acting under the authority of the United
Nations or of the Organization of American States;
(2) specific actions which have been taken by the
President or the Congress relating to multilateral or
security assistance to a less developed country because
of the human rights practices or policies of such
country; and
(3) whether the government--
(A) has engaged in or tolerated particularly
severe violations of religious freedom, as
defined in section 3 of the International
Religious Freedom Act of 1998; or
(B) has failed to undertake serious and
sustained efforts to combat particularly severe
violations of religious freedom (as defined in
section 3 of the International Religious
Freedom Act of 1998), when such efforts could
have been reasonably undertaken.
(d) The Secretary of State shall transmit to the Speaker of
the House of Representatives and the Committee on Foreign
Relations of the Senate, by February 25 of each year, a full
and complete report regarding--
(1) the status of internationally recognized human
rights, within the meaning of subsection (a)--
(A) in countries that receive assistance
under this part, and
(B) in all other foreign countries which are
members of the United Nations and which are not
otherwise the subject of a human rights report
under this Act;
(2) wherever applicable, practices regarding coercion
in population control, including coerced abortion and
involuntary sterilization;
(3) the status of child labor practices in each
country, including--
(A) whether such country has adopted policies
to protect children from exploitation in the
workplace, including a prohibition of forced
and bonded labor and policies regarding
acceptable working conditions; and
(B) the extent to which each country enforces
such policies, including the adequacy of the
resources and oversight dedicated to such
policies;
(4) the votes of each member of the United Nations
Commission on Human Rights on all country-specific and
thematic resolutions voted on at the Commission's
annual session during the period covered during the
preceding year;
(5) the extent to which each country has extended
protection to refugees, including the provision of
first asylum and resettlement;
(6) the steps the Administrator has taken to alter
United States programs under this part in any country
because of human rights considerations;
(7) wherever applicable, violations of religious
freedom, including particularly severe violations of
religious freedom (as defined in section 3 of the
International Religious Freedom Act of 1998);
(8) wherever applicable, a description of the nature
and extent of acts of anti-Semitism and anti-Semitic
incitement that occur during the preceding year,
including descriptions of--
(A) acts of physical violence against, or
harassment of Jewish people, and acts of
violence against, or vandalism of Jewish
community institutions, including schools,
synagogues, and cemeteries;
(B) instances of propaganda in government and
nongovernment media that attempt to justify or
promote racial hatred or incite acts of
violence against Jewish people;
(C) the actions, if any, taken by the
government of the country to respond to such
violence and attacks or to eliminate such
propaganda or incitement;
(D) the actions taken by such government to
enact and enforce laws relating to the
protection of the right to religious freedom of
Jewish people; and
(E) the efforts of such government to promote
anti-bias and tolerance education;
(9) wherever applicable, consolidated information
regarding the commission of war crimes, crimes against
humanity, and evidence of acts that may constitute
genocide (as defined in article 2 of the Convention on
the Prevention and Punishment of the Crime of Genocide
and modified by the United States instrument of
ratification to that convention and section 2(a) of the
Genocide Convention Implementation Act of 1987);
(10) for each country with respect to which the
report indicates that extrajudicial killings, torture,
or other serious violations of human rights have
occurred in the country, the extent to which the United
States has taken or will take action to encourage an
end to such practices in the country;
(11)(A) wherever applicable, a description of the
nature and extent--
(i) of the compulsory recruitment and
conscription of individuals under the age of 18
by armed forces of the government of the
country, government-supported paramilitaries,
or other armed groups, and the participation of
such individuals in such groups; and
(ii) that such individuals take a direct part
in hostilities;
(B) what steps, if any, taken by the government of
the country to eliminate such practices;
(C) such other information related to the use by such
government of individuals under the age of 18 as
soldiers, as determined to be appropriate by the
Secretary; and
(12) wherever applicable--
(A) a description of the status of freedom of
the press, including initiatives in favor of
freedom of the press and efforts to improve or
preserve, as appropriate, the independence of
the media, together with an assessment of
progress made as a result of those efforts;
(B) an identification of countries in which
there were violations of freedom of the press,
including direct physical attacks,
imprisonment, indirect sources of pressure, and
censorship by governments, military,
intelligence, or police forces, criminal
groups, or armed extremist or rebel groups; and
(C) in countries where there are particularly
severe violations of freedom of the press--
(i) whether government authorities of
each such country participate in,
facilitate, or condone such violations
of the freedom of the press; and
(ii) what steps the government of
each such country has taken to preserve
the safety and independence of the
media, and to ensure the prosecution of
those individuals who attack or murder
journalists.
(e) The President is authorized and encouraged to use not
less than $3,000,000 of the funds made available under this
chapter, chapter 10 of this part, and chapter 4 of part II for
each fiscal year for studies to identify, and for openly
carrying out, programs and activities which will encourage or
promote increased adherence to civil and political rights, as
set forth in the Universal Declaration of Human Rights, in
countries eligible for assistance under this chapter or under
chapter 10 of this part, except that funds made available under
chapter 10 of this part may only be used under this subsection
with respect to countries in sub-Saharan Africa. None of these
funds may be used, directly or indirectly, to influence the
outcome of any election in any country.
(f)(1) The report required by subsection (d) shall include
the following:
(A) A description of the nature and extent of severe
forms of trafficking in persons, as defined in section
103 of the Trafficking Victims Protection Act of 2000,
in each foreign country.
(B) With respect to each country that is a country of
origin, transit, or destination for victims of severe
forms of trafficking in persons, an assessment of the
efforts by the government of that country to combat
such trafficking. The assessment shall address the
following:
(i) Whether government authorities in that
country participate in, facilitate, or condone
such trafficking.
(ii) Which government authorities in that
country are involved in activities to combat
such trafficking.
(iii) What steps the government of that
country has taken to prohibit government
officials from participating in, facilitating,
or condoning such trafficking, including the
investigation, prosecution, and conviction of
such officials.
(iv) What steps the government of that
country has taken to prohibit other individuals
from participating in such trafficking,
including the investigation, prosecution, and
conviction of individuals involved in severe
forms of trafficking in persons, the criminal
and civil penalties for such trafficking, and
the efficacy of those penalties in eliminating
or reducing such trafficking.
(v) What steps the government of that country
has taken to assist victims of such
trafficking, including efforts to prevent
victims from being further victimized by
traffickers, government officials, or others,
grants of relief from deportation, and
provision of humanitarian relief, including
provision of mental and physical health care
and shelter.
(vi) Whether the government of that country
is cooperating with governments of other
countries to extradite traffickers when
requested, or, to the extent that such
cooperation would be inconsistent with the laws
of such country or with extradition treaties to
which such country is a party, whether the
government of that country is taking all
appropriate measures to modify or replace such
laws and treaties so as to permit such
cooperation.
(vii) Whether the government of that country
is assisting in international investigations of
transnational trafficking networks and in other
cooperative efforts to combat severe forms of
trafficking in persons.
(viii) Whether the government of that country
refrains from prosecuting victims of severe
forms of trafficking in persons due to such
victims having been trafficked, and refrains
from other discriminatory treatment of such
victims.
(ix) Whether the government of that country
recognizes the rights of victims of severe
forms of trafficking in persons and ensures
their access to justice.
(C) Such other information relating to trafficking in
persons as the Secretary of State considers
appropriate.
(2) In compiling data and making assessments for the purposes
of paragraph (1), United States diplomatic mission personnel
shall consult with human rights organizations and other
appropriate nongovernmental organizations.
(g) Child Marriage Status.--
(1) In general.--The report required under subsection
(d) shall include, for each country in which child
marriage is prevalent, a description of the status of
the practice of child marriage in such country.
(2) Defined term.--In this subsection, the term
``child marriage'' means the marriage of a girl or boy
who is--
(A) younger than the minimum age for marriage
under the laws of the country in which such
girl or boy is a resident; or
(B) younger than 18 years of age, if no such
law exists.
(h)(1) The report required by subsection (d) shall include an
assessment of freedom of expression with respect to electronic
information in each foreign country. Such assessment shall
consist of the following:
(A) An assessment of the extent to which government
authorities in each country inappropriately attempt to
filter, censor, or otherwise block or remove nonviolent
expression of political or religious opinion or belief
via the internet, including electronic mail, as well as
a description of the means by which such authorities
attempt to block or remove such expression.
(B) An assessment of the extent to which government
authorities in each country have persecuted or
otherwise punished an individual or group for the
nonviolent expression of political, religious, or
ideological opinion or belief via the internet,
including electronic mail.
(C) An assessment of the extent to which government
authorities in each country have sought to
inappropriately collect, request, obtain, or disclose
personally identifiable information of a person in
connection with such person's nonviolent expression of
political, religious, or ideological opinion or belief,
including expression that would be protected by the
International Covenant on Civil and Political Rights.
(D) An assessment of the extent to which wire
communications and electronic communications are
monitored without regard to the principles of privacy,
human rights, democracy, and rule of law.
(2) In compiling data and making assessments for the purposes
of paragraph (1), United States diplomatic personnel shall
consult with human rights organizations, technology and
internet companies, and other appropriate nongovernmental
organizations.
(3) In this subsection--
(A) the term ``electronic communication'' has the
meaning given such term in section 2510 of title 18,
United States Code;
(B) the term ``internet'' has the meaning given such
term in section 231(e)(3) of the Communications Act of
1934 (47 U.S.C. 231(e)(3));
(C) the term ``personally identifiable information''
means data in a form that identifies a particular
person; and
(D) the term ``wire communication'' has the meaning
given such term in section 2510 of title 18, United
States Code.
* * * * * * *
TITLE XII--FAMINE PREVENTION AND FREEDOM FROM HUNGER
* * * * * * *
Chapter 1--Policy
* * * * * * *
Sec. 502B. Human Rights.--(a)(1) The United States shall, in
accordance with its international obligations as set forth in
the Charter of the United Nations and in keeping with the
constitutional heritage and traditions of the United States,
promote and encourage increased respect for human rights and
fundamental freedoms throughout the world without distinction
as to race, sex, language, or religion. Accordingly, a
principal goal of the foreign policy of the United States shall
be to promote the increased observance of internationally
recognized human rights by all countries.
(2) Except under circumstances specified in this section, no
security assistance may be provided to any country the
government of which engages in a consistent pattern of gross
violations of internationally recognized human rights. Security
assistance may not be provided to the police, domestic
intelligence, or similar law enforcement forces of a country,
and licenses may not be issued under the Export Administration
Act of 1979 for the export of crime control and detection
instruments and equipment to a country, the government of which
engages in a consistent pattern of gross violations of
internationally recognized human rights unless the President
certifies in writing to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign
Relations of the Senate and the chairman of the Committee on
Banking, Housing, and Urban Affairs of the Senate (when
licenses are to be issued pursuant to the Export Administration
Act of 1979), that extraordinary circumstances exist warranting
provision of such assistance and issuance of such licenses.
Assistance may not be provided under chapter 5 of this part to
a country the government of which engages in a consistent
pattern of gross violations of internationally recognized human
rights unless the President certifies in writing to the Speaker
of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate that extraordinary
circumstances exist warranting provision of such assistance.
(3) In furtherance of paragraphs (1) and (2), the President
is directed to formulate and conduct international security
assistance programs of the United States in a manner which will
promote and advance human rights and avoid identification of
the United States, through such programs, with governments
which deny to their people internationally recognized human
rights and fundamental freedoms, in violation of international
law or in contravention of the policy of the United States as
expressed in this section or otherwise.
(4) In determining whether the government of a country
engages in a consistent pattern of gross violations of
internationally recognized human rights, the President shall
give particular consideration to whether the government--
(A) has engaged in or tolerated particularly severe
violations of religious freedom, as defined in section
3 of the International Religious Freedom Act of 1998;
or
(B) has failed to undertake serious and sustained
efforts to combat particularly severe violations of
religious freedom when such efforts could have been
reasonably undertaken.
(b) The Secretary of State shall transmit to the Congress, as
part of the presentation materials for security assistance
programs proposed for each fiscal year, a full and complete
report, prepared with the assistance of the Assistant Secretary
of State for Democracy, Human Rights, and Labor and with the
assistance of the Ambassador at Large for International
Religious Freedom, with respect to practices regarding the
observance of and respect for internationally recognized human
rights in each country proposed as a recipient of security
assistance. Wherever applicable, such report shall include
consolidated information regarding the commission of war
crimes, crimes against humanity, and evidence of acts that may
constitute genocide (as defined in article 2 of the Convention
on the Prevention and Punishment of the Crime of Genocide and
modified by the United States instrument of ratification to
that convention and section 2(a) of the Genocide Convention
Implementation Act of 1987). Wherever applicable, such report
shall include information on practices regarding coercion in
population control, including coerced abortion and involuntary
sterilization. Such report shall also include, wherever
applicable, information on violations of religious freedom,
including particularly severe violations of religious freedom
(as defined in section 3 of the International Religious Freedom
Act of 1998). Wherever applicable, such report shall include a
description of the nature and extent of acts of anti-Semitism
and anti-Semitic incitement that occur, including the
descriptions of such acts required under section 116(d)(8).
Such report shall also include, for each country with respect
to which the report indicates that extrajudicial killings,
torture, or other serious violations of human rights have
occurred in the country, the extent to which the United States
has taken or will take action to encourage an end to such
practices in the country. Each report under this section shall
list the votes of each member of the United Nations Commission
on Human Rights on all country-specific and thematic
resolutions voted on at the Commission's annual session during
the period covered during the preceding year. Each report under
this section shall describe the extent to which each country
has extended protection to refugees, including the provision of
first asylum and resettlement. Each report under this section
shall also include (i) wherever applicable, a description of
the nature and extent of the compulsory recruitment and
conscription of individuals under the age of 18 by armed forces
of the government of the country, government-supported
paramilitaries, or other armed groups, the participation of
such individuals in such groups, and the nature and extent that
such individuals take a direct part in hostilities, (ii) what
steps, if any, taken by the government of the country to
eliminate such practices, and (iii) such other information
related to the use by such government of individuals under the
age of 18 as soldiers, as determined to be appropriate by the
Secretary of State. In determining whether a government falls
within the provisions of subsection (a)(3) and in the
preparation of any report or statement required under this
section, consideration shall be given to--
(1) the relevant findings of appropriate
international organizations, including nongovernmental
organizations, such as the International Committee of
the Red Cross; and
(2) the extent of cooperation by such government in
permitting an unimpeded investigation by any such
organization of alleged violations of internationally
recognized human rights.
(c)(1) Upon the request of the Senate or the House of
Representatives by resolution of either such House, or upon the
request of the Committee on Foreign Relations of the Senate or
the Committee on Foreign Affairs of the House of
Representatives, the Secretary of State shall, within thirty
days after receipt of such request, transmit to both such
committees a statement, prepared with the assistance of the
Assistant Secretary of State for Democracy, Human Rights, and
Labor, with respect to the country designated in such request,
setting forth--
(A) all the available information about observance of
and respect for human rights and fundamental freedom in
that country, and a detailed description of practices
by the recipient government with respect thereto;
(B) the steps the United States has taken to--
(i) promote respect for and observance of
human rights in that country and discourage any
practices which are inimical to internationally
recognized human rights, and
(ii) publicly or privately call attention to,
and disassociate the United States and any
security assistance provided for such country
from, such practices;
(C) whether, in the opinion of the Secretary of
State, notwithstanding any such practices--
(i) extraordinary circumstances exist which
necessitate a continuation of security
assistance for such country, and, if so, a
description of such circumstances and the
extent to which such assistance should be
continued (subject to such conditions as
Congress may impose under this section), and
(ii) on all the facts it is in the national
interest of the United States to provide such
assistance; and
(D) such other information as such committee or such
House may request.
(2)(A) A resolution of request under paragraph (1) of this
subsection shall be considered in the Senate in accordance with
the provisions of section 601(b) of the International Security
Assistance and Arms Export Control Act of 1976.
(B) The term ``certification'', as used in section 601 of
such Act, means, for the purposes of this subsection, a
resolution of request of the Senate under paragraph (1) of this
subsection.
(3) In the event a statement with respect to a country is
requested pursuant to paragraph (1) of this subsection but is
not transmitted in accordance therewith within thirty days
after receipt of such request, no security assistance shall be
delivered to such country except as may thereafter be
specifically authorized by law from such country unless and
until such statement is transmitted.
(4)(A) In the event a statement with respect to a country is
transmitted under paragraph (1) of this subsection, the
Congress may at any time thereafter adopt a joint resolution
terminating, restricting, or continuing security assistance for
such country. In the event such a joint resolution is adopted,
such assistance shall be so terminated, so restricted, or so
continued, as the case may be.
(B) Any such resolution shall be considered in the Senate in
accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act
of 1976.
(C) The term ``certification'', as used in section 601 of
such Act, means, for the purposes of this paragraph, a
statement transmitted under paragraph (1) of this subsection.
(d) For the purposes of this section--
(1) the term ``gross violations of internationally
recognized human rights'' includes torture or cruel,
inhuman, or degrading treatment or punishment,
prolonged detention without charges and trial, causing
the disappearance of persons by the abduction and
clandestine detention of those persons, and other
flagrant denial of the right to life, liberty, or the
security of person;
(2) the term ``security assistance'' means--
(A) assistance under chapter 2 (military
assistance) or chapter 4 (economic support
fund) or chapter 5 (military education and
training) or chapter 6 (peacekeeping
operations) or chapter 8 (antiterrorism
assistance) of this part;
(B) sales of defense articles or services,
extensions of credits (including participations
in credits), and guaranties of loans under the
Arms Export Control Act; or
(C) any license in effect with respect to the
export to or for the armed forces, police,
intelligence, or other internal security forces
of a foreign country of--
(i) defense articles or defense
services under section 38 of the Armed
Export Control Act (22 U.S.C. 2778); or
(ii) items listed under the 600
series of the Commerce Control List
contained in Supplement No. 1 to part
774 of subtitle B of title 15, Code of
Federal Regulations;
(e) Notwithstanding any other provision of law, funds
authorized to be appropriated under part I of this Act may be
made available for the furnishing of assistance to any country
with respect to which the President finds that such a
significant improvement in its human rights record has occurred
as to warrant lifting the prohibition on furnishing such
assistance in the national interest of the United States.
(f) In allowing the funds authorized to be appropriated by
this Act and the Arms Export Control Act, the President shall
take into account significant improvements in the human rights
records of recipient countries, except that such allocations
may not contravene any other provision of law.
(g) Whenever the provisions of subsection (e) or (f) of this
section are applied, the President shall report to the Congress
before making any funds available pursuant to those
subsections. The report shall specify the country involved, the
amount and kinds of assistance to be provided, and the
justification for providing the assistance, including a
description of the significant improvements which have occurred
in the country's human rights record.
(h)(1) The report required by subsection (b) shall include
the following:
(A) A description of the nature and extent of severe
forms of trafficking in persons, as defined in section
103 of the Trafficking Victims Protection Act of 2000,
in each foreign country.
(B) With respect to each country that is a country of
origin, transit, or destination for victims of severe
forms of trafficking in persons, an assessment of the
efforts by the government of that country to combat
such trafficking. The assessment shall address the
following:
(i) Whether government authorities in that
country participate in, facilitate, or condone
such trafficking.
(ii) Which government authorities in that
country are involved in activities to combat
such trafficking.
(iii) What steps the government of that
country has taken to prohibit government
officials from participating in, facilitating,
or condoning such trafficking, including the
investigation, prosecution, and conviction of
such officials.
(iv) What steps the government of that
country has taken to prohibit other individuals
from participating in such trafficking,
including the investigation, prosecution, and
conviction of individuals involved in severe
forms of trafficking in persons, the criminal
and civil penalties for such trafficking, and
the efficacy of those penalties in eliminating
or reducing such trafficking.
(v) What steps the government of that country
has taken to assist victims of such
trafficking, including efforts to prevent
victims from being further victimized by
traffickers, government officials, or others,
grants of relief from deportation, and
provision of humanitarian relief, including
provision of mental and physical health care
and shelter.
(vi) Whether the government of that country
is cooperating with governments of other
countries to extradite traffickers when
requested, or, to the extent that such
cooperation would be inconsistent with the laws
of such country or with extradition treaties to
which such country is a party, whether the
government of that country is taking all
appropriate measures to modify or replace such
laws and treaties so as to permit such
cooperation.
(vii) Whether the government of that country
is assisting in international investigations of
transnational trafficking networks and in other
cooperative efforts to combat severe forms of
trafficking in persons.
(viii) Whether the government of that country
refrains from prosecuting victims of severe
forms of trafficking in persons due to such
victims having been trafficked, and refrains
from other discriminatory treatment of such
victims.
(ix) Whether the government of that country
recognizes the rights of victims of severe
forms of trafficking in persons and ensures
their access to justice.
(C) Such other information relating to trafficking in
persons as the Secretary of State considers
appropriate.
(2) In compiling data and making assessments for the purposes
of paragraph (1), United States diplomatic mission personnel
shall consult with human rights organizations and other
appropriate nongovernmental organizations.
(i) The report required by subsection (b) shall include,
wherever applicable--
(1) a description of the status of freedom of the
press, including initiatives in favor of freedom of the
press and efforts to improve or preserve, as
appropriate, the independence of the media, together
with an assessment of progress made as a result of
those efforts;
(2) an identification of countries in which there
were violations of freedom of the press, including
direct physical attacks, imprisonment, indirect sources
of pressure, and censorship by governments, military,
intelligence, or police forces, criminal groups, or
armed extremist or rebel groups; and
(3) in countries where there are particularly severe
violations of freedom of the press--
(A) whether government authorities of each
such country participate in, facilitate, or
condone such violations of the freedom of the
press; and
(B) what steps the government of each such
country has taken to preserve the safety and
independence of the media, and to ensure the
prosecution of those individuals who attack or
murder journalists.
[(i)] (j) Child Marriage Status.--
(1) In general.--The report required under subsection
(b) shall include, for each country in which child
marriage is prevalent, a description of the status of
the practice of child marriage in such country.
(2) Defined term.--In this subsection, the term
``child marriage'' means the marriage of a girl or boy
who is--
(A) younger than the minimum age for marriage
under the laws of the country in which such
girl or boy is a resident; or
(B) younger than 18 years of age, if no such
law exists.
(k)(1) The report required by subsection (b) shall include an
assessment of freedom of expression with respect to electronic
information in each foreign country. Such assessment shall
consist of the following:
(A) An assessment of the extent to which government
authorities in each country inappropriately attempt to
filter, censor, or otherwise block or remove nonviolent
expression of political or religious opinion or belief
via the internet, including electronic mail, as well as
a description of the means by which such authorities
attempt to block or remove such expression.
(B) An assessment of the extent to which government
authorities in each country have persecuted or
otherwise punished an individual or group for the
nonviolent expression of political, religious, or
ideological opinion or belief via the internet,
including electronic mail.
(C) An assessment of the extent to which government
authorities in each country have sought to
inappropriately collect, request, obtain, or disclose
personally identifiable information of a person in
connection with such person's nonviolent expression of
political, religious, or ideological opinion or belief,
including expression that would be protected by the
International Covenant on Civil and Political Rights.
(D) An assessment of the extent to which wire
communications and electronic communications are
monitored without regard to the principles of privacy,
human rights, democracy, and rule of law.
(2) In compiling data and making assessments for the purposes
of paragraph (1), United States diplomatic personnel shall
consult with human rights organizations, technology and
internet companies, and other appropriate nongovernmental
organizations.
(3) In this subsection--
(A) the term ``electronic communication'' has the
meaning given such term in section 2510 of title 18,
United States Code;
(B) the term ``internet'' has the meaning given such
term in section 231(e)(3) of the Communications Act of
1934 (47 U.S.C. 231(e)(3));
(C) the term ``personally identifiable information''
means data in a form that identifies a particular
person; and
(D) the term ``wire communication'' has the meaning
given such term in section 2510 of title 18, United
States Code.
* * * * * * *