[Congressional Record Volume 161, Number 92 (Wednesday, June 10, 2015)]
[Senate]
[Page S4034]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1976. Mr. KIRK (for himself and Mrs. Gillibrand) submitted an 
amendment intended to be proposed to amendment SA 1463 proposed by Mr. 
McCain to the bill H.R. 1735, to authorize appropriations for fiscal 
year 2016 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. APPREHENSION AND PROSECUTION OF INTERNATIONAL CYBER 
                   CRIMINALS.

       (a) International Cyber Criminal Defined.--In this section, 
     the term ``international cyber criminal'' means an 
     individual--
       (1) who is physically present within a country with which 
     the United States does not have a mutual legal assistance 
     treaty or an extradition treaty;
       (2) who is believed to have committed a cybercrime or 
     intellectual property crime against the interests of the 
     United States or its citizens; and
       (3) for whom--
       (A) an arrest warrant has been issued by a judge in the 
     United States; or
       (B) an international wanted notice (commonly referred to as 
     a ``Red Notice'') has been circulated by Interpol.
       (b) Bilateral Consultations.--The Secretary of State, or 
     designee, shall consult with the appropriate government 
     official of each country in which one or more international 
     cyber criminals are physically present to determine what 
     actions the government of such country has taken--
       (1) to apprehend and prosecute such criminals; and
       (2) to prevent such criminals from carrying out cybercrimes 
     or intellectual property crimes against the interests of the 
     United States or its citizens.
       (c) Annual Report.--
       (1) In general.--The Secretary of State shall submit to the 
     appropriate congressional committees an annual report that 
     identifies--
       (A) the number of international cyber criminals who are 
     located in countries that do not have an extradition treaty 
     or mutual legal assistance treaty with the United States, 
     broken down by country;
       (B) the dates on which an official of the Department of 
     State, as a result of this Act, discussed ways to thwart or 
     prosecute international cyber criminals in a bilateral 
     conversation with an official of another country, including 
     the name of each such country; and
       (C) for each international cyber criminal who was 
     extradited into the United States during the most recently 
     completed calendar year--
       (i) his or her name;
       (ii) the crimes for which he or she was charged;
       (iii) his or her previous country of residence; and
       (iv) the country from which he or she was extradited into 
     the United States.
       (2) Appropriate congressional committees.--For purposes of 
     this subsection, the term ``appropriate congressional 
     committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (D) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (E) the Committee on Foreign Affairs of the House of 
     Representatives;
       (F) the Committee on Appropriations of the House of 
     Representatives;
       (G) the Committee on Homeland Security of the House of 
     Representatives; and
       (H) the Committee on Financial Services of the House of 
     Representatives.
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