I 115TH CONGRESS 1ST SESSION H R 3776 To support United States international cyber diplomacy and for other purposes IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 14 2017 Mr ROYCE of California for himself Mr ENGEL Mr MCCAUL Mr TED LIEU of California Mr FITZPATRICK Mrs DINGELL Mr POE of Texas Mr RUPPERSBERGER Mr YOHO Mr LANGEVIN Mrs WAGNER and Mr BRENDAN F BOYLE of Pennsylvania introduced the following bill which was referred to the Committee on Foreign Affairs A BILL To support United States international cyber diplomacy and for other purposes 1 Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled 3 SECTION 1 SHORT TITLE 4 This Act may be cited as the ‘‘Cyber Diplomacy Act 5 of 2017’’ 6 SEC 2 FINDINGS 7 Congress finds the following 8 1 The stated goal of the United States Inter 9 national Strategy for Cyberspace launched on May VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS 2 •HR 3776 IH 1 16 2011 is to ‘‘work internationally to promote an 2 open interoperable secure and reliable information 3 and communications infrastructure that supports 4 international trade and commerce strengthens inter 5 national security and fosters free expression and in 6 novation in which norms of responsible behav 7 ior guide States’ actions sustain partnerships and 8 support the rule of law in cyberspace ’’ 9 2 The Group of Governmental Experts GGE 10 on Developments in the Field of Information and 11 Telecommunications in the Context of International 12 Security established by the United Nations General 13 Assembly concluded in its June 24 2013 report 14 ‘‘that State sovereignty and the international norms 15 and principles that flow from it apply to States’ con 16 duct of information and communications technology 17 or ICT related activities and to their jurisdiction 18 over ICT infrastructure with their territory ’’ 19 3 On January 13 2015 China Kazakhstan 20 Kyrgyzstan Russia Tajikistan and Uzbekistan pro 21 posed a troubling international code of conduct for 22 information security which defines responsible State 23 behavior in cyberspace to include ‘‘curbing the dis 24 semination of information’’ and the ‘‘right to inde 25 pendent control of information and communications VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS 3 •HR 3776 IH 1 technology’’ when a country’s political security is 2 threatened 3 4 The July 22 2015 GGE consensus report 4 found that ‘‘norms of responsible State behavior can 5 reduce risks to international peace security and sta 6 bility ’’ 7 5 On September 25 2015 the United States 8 and China announced a commitment ‘‘that neither 9 country’s government will conduct or knowingly sup 10 port cyber-enabled theft of intellectual property in 11 cluding trade secrets or other confidential business 12 information with the intent of providing competitive 13 advantages to companies or commercial sectors ’’ 14 6 At the Antalya Summit from November 15– 15 16 2015 the Group of 20 G20 Leaders’ Commu 16 nique affirmed the applicability of international law 17 to State behavior in cyberspace called on States to 18 refrain from cyber-enabled theft of intellectual prop 19 erty for commercial gain and endorsed the view that 20 all States should abide by norms of responsible be 21 havior 22 7 The March 2016 Department of State 23 International Cyberspace Policy Strategy noted that 24 ‘‘the Department of State anticipates a continued in VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS 4 •HR 3776 IH 1 crease and expansion of our cyber-focused diplomatic 2 efforts for the foreseeable future ’’ 3 8 On December 1 2016 the Commission on 4 Enhancing National Cybersecurity established within 5 the Department of Commerce recommended ‘‘the 6 President should appoint an Ambassador for Cyber 7 security to lead U S engagement with the inter 8 national community on cybersecurity strategies 9 standards and practices ’’ 10 9 The 2017 Group of 7 G7 Declaration on 11 Responsible States Behavior in Cyberspace recog 12 nized on April 11 2017 ‘‘the urgent necessity of in 13 creased international cooperation to promote secu 14 rity and stability in cyberspace consisting of 15 the applicability of existing international law to 16 State behavior in cyberspace the promotion of vol 17 untary non-binding norms of responsible State be 18 havior during peacetime’’ and reaffirmed ‘‘that the 19 same rights that people have offline must also be 20 protected online ’’ 21 10 In testimony before the Select Committee 22 on Intelligence of the Senate on May 11 2017 the 23 Director of National Intelligence identified six cyber 24 threat actors including Russia for ‘‘efforts to influ 25 ence the 2016 US election’’ China for ‘‘actively tar VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS 5 •HR 3776 IH 1 geting the US Government its allies and US com 2 panies for cyber espionage’’ Iran for ‘‘leverage ing 3 cyber espionage propaganda and attacks to support 4 its security priorities influence events and foreign 5 perceptions and counter threats’’ North Korea for 6 ‘‘previously conduct ing cyber-attacks against US 7 commercial entities—specifically Sony Pictures En 8 tertainment in 2014’’ terrorists who ‘‘use the Inter 9 net to organize recruit spread propaganda raise 10 funds collect intelligence inspire action by followers 11 and coordinate operations’’ and criminals who ‘‘are 12 also developing and using sophisticated cyber tools 13 for a variety of purposes including theft extortion 14 and facilitation of other criminal activities’’ 15 11 On May 11 2017 President Trump issued 16 Presidential Executive Order 13800 on Strength 17 ening the Cybersecurity of Federal Networks and In 18 frastructure which designated the Secretary of State 19 to develop an engagement strategy for international 20 cooperation in cybersecurity and noted that ‘‘the 21 United States is especially dependent on a globally 22 secure and resilient internet and must work with al 23 lies and other partners’’ toward maintaining ‘‘the 24 policy of the executive branch to promote an open 25 interoperable reliable and secure internet that fos VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS 6 •HR 3776 IH 1 ters efficiency innovation communication and eco 2 nomic prosperity while respecting privacy and 3 guarding against deception fraud and theft ’’ 4 SEC 3 UNITED STATES INTERNATIONAL CYBERSPACE 5 POLICY 6 a IN GENERAL —Congress declares that it is the 7 policy of the United States to work internationally with 8 allies and other partners to promote an open interoper 9 able reliable unfettered and secure internet governed by 10 the multistakeholder model which promotes human rights 11 democracy and rule of law including freedom of expres 12 sion innovation communication and economic prosperity 13 while respecting privacy and guarding against deception 14 fraud and theft 15 b IMPLEMENTATION —In implementing the policy 16 described in subsection a the President in consultation 17 with outside actors including technology companies non 18 governmental organizations and security researchers 19 shall pursue the following objectives in the conduct of bi 20 lateral and multilateral relations 21 1 Clarifying the applicability of international 22 laws and norms including the law of armed conflict 23 to the use of ICT 24 2 Clarifying that countries that fall victim to 25 malicious cyber activities have the right to take pro VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS 7 •HR 3776 IH 1 portionate countermeasures under international law 2 provided such measures do not violate a funda 3 mental human right or peremptory norm 4 3 Reducing and limiting the risk of escalation 5 and retaliation in cyberspace such as massive de 6 nial-of-service attacks damage to critical infrastruc 7 ture or other malicious cyber activity that impairs 8 the use and operation of critical infrastructure that 9 provides services to the public 10 4 Cooperating with like-minded democratic 11 countries that share common values and cyberspace 12 policies with the United States including respect for 13 human rights democracy and rule of law to ad 14 vance such values and policies internationally 15 5 Securing and implementing commitments 16 on responsible country behavior in cyberspace based 17 upon accepted norms including the following 18 A Countries should not conduct or know 19 ingly support cyber-enabled theft of intellectual 20 property including trade secrets or other con 21 fidential business information with the intent 22 of providing competitive advantages to compa 23 nies or commercial sectors 24 B Countries should cooperate in devel 25 oping and applying measures to increase sta VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS 8 •HR 3776 IH 1 bility and security in the use of ICTs and to 2 prevent ICT practices that are acknowledged to 3 be harmful or that may pose threats to inter 4 national peace and security 5 C Countries should take all appropriate 6 and reasonable efforts to keep their territories 7 clear of intentionally wrongful acts using ICTs 8 in violation of international commitments 9 D Countries should not conduct or know 10 ingly support ICT activity that contrary to 11 international law intentionally damages or oth 12 erwise impairs the use and operation of critical 13 infrastructure and should take appropriate 14 measures to protect their critical infrastructure 15 from ICT threats 16 E Countries should not conduct or know 17 ingly support malicious international activity 18 that contrary to international law harms the 19 information systems of authorized emergency 20 response teams sometimes known as ‘‘com 21 puter emergency response teams’’ or ‘‘cyberse 22 curity incident response teams’’ or related pri 23 vate sector companies of another country 24 F Countries should identify economic 25 drivers and incentives to promote securely-de VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS 9 •HR 3776 IH 1 signed ICT products and to develop policy and 2 legal frameworks to promote the development of 3 secure internet architecture 4 G Countries should respond to appro 5 priate requests for assistance to mitigate mali 6 cious ICT activity aimed at the critical infra 7 structure of another country emanating from 8 their territory 9 H Countries should not restrict cross 10 border data flows or require local storage or 11 processing of data 12 I Countries should protect the exercise of 13 human rights and fundamental freedoms on the 14 Internet and commit to the principle that the 15 human rights that people have offline enjoy the 16 same protections online 17 SEC 4 DEPARTMENT OF STATE RESPONSIBILITIES 18 a OFFICE OF CYBER ISSUES —Section 1 of the 19 State Department Basic Authorities Act of 1956 22 20 U S C 2651a is amended— 21 1 by redesignating subsection g as sub 22 section h and 23 2 by inserting after subsection f the fol 24 lowing new subsection 25 ‘‘ g OFFICE OF CYBER ISSUES — VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS 10 •HR 3776 IH 1 ‘‘ 1 IN GENERAL —There is established an Of 2 fice of Cyber Issues in this subsection referred to 3 as the ‘Office’ The head of the Office shall have 4 the rank and status of ambassador and be appointed 5 by the President by and with the advice and consent 6 of the Senate 7 ‘‘ 2 DUTIES — 8 ‘‘ A IN GENERAL —The head of the Of 9 fice shall perform such duties and exercise such 10 powers as the Secretary of State shall prescribe 11 including implementing the policy of the United 12 States described in section 3 of the Cyber Di 13 plomacy Act of 2017 14 ‘‘ B DUTIES DESCRIBED —The principal 15 duties of the head of the Office shall be to— 16 ‘‘ i serve as the principal cyber-policy 17 official within the senior management of 18 the Department of State and advisor to 19 the Secretary of State for cyber issues 20 ‘‘ ii lead the Department of State’s 21 diplomatic cyberspace efforts generally in 22 cluding relating to international cybersecu 23 rity internet access internet freedom dig 24 ital economy cybercrime deterrence and 25 international responses to cyber threats VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS 11 •HR 3776 IH 1 ‘‘ iii promote an open interoperable 2 reliable unfettered and secure information 3 and communications technology infrastruc 4 ture globally 5 ‘‘ iv represent the Secretary of State 6 in interagency efforts to develop and ad 7 vance the United States international 8 cyberspace policy 9 ‘‘ v coordinate cyberspace efforts and 10 other relevant functions within the Depart 11 ment of State and with other components 12 of the United States Government includ 13 ing— 14 ‘‘ I the Department of Com 15 merce 16 ‘‘ II the Department of Defense 17 ‘‘ III the Department of Energy 18 ‘‘ IV the Department of Home 19 land Security 20 ‘‘ V the Department of Justice 21 ‘‘ VI the Department of the 22 Treasury 23 ‘‘ VII the Intelligence Commu 24 nity and VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS 12 •HR 3776 IH 1 ‘‘ VIII the National Security 2 Council and 3 ‘‘ vi act as liaison to public and pri 4 vate sector entities on relevant cyberspace 5 issues 6 ‘‘ 3 QUALIFICATIONS —The head of the Office 7 should be an individual of demonstrated competency 8 in the field of— 9 ‘‘ A cybersecurity and other relevant cyber 10 issues and 11 ‘‘ B international diplomacy 12 ‘‘ 4 ORGANIZATIONAL PLACEMENT —The head 13 of the Office shall report to the Under Secretary for 14 Political Affairs or official holding a higher position 15 in the Department of State 16 ‘‘ 5 RULE OF CONSTRUCTION —Nothing in 17 this subsection may be construed as precluding— 18 ‘‘ A the Office from being elevated to a 19 Bureau of the Department of State and 20 ‘‘ B the head of the Office from being ele 21 vated to an Assistant Secretary if such an As 22 sistant Secretary position does not increase the 23 number of Assistant Secretary positions at the 24 Department above the number authorized under 25 subsection c 1 ’’ VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS 13 •HR 3776 IH 1 b UNITED NATIONS —The Permanent Representa 2 tive of the United States to the United Nations shall use 3 the voice vote and influence of the United States to op 4 pose any measure that is inconsistent with the United 5 States international cyberspace policy described in section 6 3 7 SEC 5 INTERNATIONAL CYBERSPACE EXECUTIVE AR 8 RANGEMENTS 9 a IN GENERAL —The President is encouraged to 10 enter into executive arrangements with foreign govern 11 ments that support the United States international cyber 12 space policy described in section 3 13 b SUBMISSION TO CONGRESS —The formal or in 14 formal text of any executive arrangement entered into by 15 the United States under subsection a shall be trans 16 mitted to the Committee on Foreign Affairs of the House 17 of Representatives and the Committee on Foreign Rela 18 tions of the Senate not later than five days after such ar 19 rangement is signed or otherwise agreed to together with 20 an explanation of such arrangement its purpose how such 21 arrangement is consistent with the United States inter 22 national cyberspace policy described in section 3 and how 23 such arrangement will be implemented 24 c STATUS REPORT —Not later than one year after 25 the formal or informal text of an executive arrangement VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS 14 •HR 3776 IH 1 is submitted to Congress pursuant to subsection b and 2 annually thereafter for seven years or until such an ar 3 rangement has been discontinued the Secretary of State 4 shall report to the Committee on Foreign Affairs of the 5 House of Representatives and the Committee on Foreign 6 Relations of the Senate on the status of such arrangement 7 including an evidence-based assessment of whether all par 8 ties to such arrangement have fulfilled their commitments 9 under such arrangement whether the stated purpose of 10 such arrangement is being achieved and whether such ar 11 rangement positively impacts building of cyber norms 12 internationally Each such report shall include metrics to 13 support its findings 14 d EXISTING EXECUTIVE ARRANGEMENTS —Not 15 later than 60 days after the date of the enactment of this 16 Act the President shall satisfy the requirements of sub 17 section c for the following executive arrangements al 18 ready in effect 19 1 The arrangement announced between the 20 United States and Japan on April 25 2014 21 2 The arrangement announced between the 22 United States and the United Kingdom on January 23 16 2015 24 3 The arrangement announced between the 25 United States and China on September 25 2015 VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS 15 •HR 3776 IH 1 4 The arrangement announced between the 2 United States and Korea on October 16 2015 3 5 The arrangement announced between the 4 United States and Australia on January 19 2016 5 6 The arrangement announced between the 6 United States and India on June 7 2016 7 7 The arrangement announced between the 8 United States and Argentina on April 27 2017 9 8 The arrangement announced between the 10 United States and Kenya on June 22 2017 11 9 The arrangement announced between the 12 United States and Israel on June 26 2017 13 10 Any other similar bilateral or multilateral 14 arrangement announced before the date of the en 15 actment of this Act 16 SEC 6 INTERNATIONAL STRATEGY FOR CYBERSPACE 17 a STRATEGY REQUIRED —Not later than one year 18 after the date of the enactment of this Act the Secretary 19 of State in coordination with the heads of other relevant 20 Federal departments and agencies shall produce a strat 21 egy relating to United States international policy with re 22 gard to cyberspace 23 b ELEMENTS —The strategy required under sub 24 section a shall include the following VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS 16 •HR 3776 IH 1 1 A review of actions and activities under 2 taken to support the United States international 3 cyberspace policy described in section 3 4 2 A plan of action to guide the diplomacy of 5 the Department of State with regard to foreign 6 countries including conducting bilateral and multi 7 lateral activities to develop the norms of responsible 8 international behavior in cyberspace and status re 9 view of existing efforts in multilateral fora to obtain 10 agreements on international norms in cyberspace 11 3 A review of alternative concepts with regard 12 to international norms in cyberspace offered by for 13 eign countries 14 4 A detailed description of new and evolving 15 threats to United States national security in cyber 16 space from foreign countries State-sponsored actors 17 and private actors to Federal and private sector in 18 frastructure of the United States intellectual prop 19 erty in the United States and the privacy of citizens 20 of the United States 21 5 A review of policy tools available to the 22 President to deter and de-escalate tensions with for 23 eign countries State-sponsored actors and private 24 actors regarding threats in cyberspace and to what VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS 17 •HR 3776 IH 1 degree such tools have been used and whether or not 2 such tools have been effective 3 6 A review of resources required to conduct 4 activities to build responsible norms of international 5 cyber behavior 6 7 A clarification of the applicability of inter 7 national laws and norms including the law of armed 8 conflict to the use of ICT 9 8 A clarification that countries that fall victim 10 to malicious cyber activities have the right to take 11 proportionate countermeasures under international 12 law 13 c FORM OF STRATEGY — 14 1 PUBLIC AVAILABILITY —The strategy re 15 quired under subsection a shall be available to the 16 public in unclassified form including through publi 17 cation in the Federal Register 18 2 CLASSIFIED ANNEX — 19 A IN GENERAL —If the Secretary of 20 State determines that such is appropriate the 21 strategy required under subsection a may in 22 clude a classified annex consistent with United 23 States national security interests 24 B RULE OF CONSTRUCTION —Nothing in 25 this subsection may be construed as authorizing VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS 18 •HR 3776 IH 1 the public disclosure of an unclassified annex 2 under subparagraph A 3 d BRIEFING —Not later than 30 days after the pro 4 duction of the strategy required under subsection a the 5 Secretary of State shall brief the Committee on Foreign 6 Affairs of the House of Representatives and the Com 7 mittee on Foreign Relations of the Senate on such strat 8 egy including any material contained in a classified 9 annex 10 e UPDATES —The strategy required under sub 11 section a shall be updated— 12 1 not later than 90 days after there has been 13 any material change to United States policy as de 14 scribed in such strategy and 15 2 not later than one year after each inaugura 16 tion of a new President 17 f PREEXISTING REQUIREMENT —Upon the produc 18 tion and publication of the report required under section 19 3 c of the Presidential Executive Order 13800 on 20 Strengthening the Cybersecurity of Federal Networks and 21 Critical Infrastructure on May 11 2017 such report shall 22 be considered as satisfying the requirement under sub 23 section a of this section VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS 19 •HR 3776 IH 1 SEC 7 ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 2 PRACTICES 3 a REPORT RELATING TO ECONOMIC ASSIST 4 ANCE —Section 116 of the Foreign Assistance Act of 5 1961 22 U S C 2151n is amended by adding at the end 6 the following new subsection 7 ‘‘ h 1 The report required by subsection d shall 8 include an assessment of freedom of expression with re 9 spect to electronic information in each foreign country 10 Such assessment shall consist of the following 11 ‘‘ A An assessment of the general extent to 12 which internet access is available to and used by citi 13 zens in each country 14 ‘‘ B An assessment of the extent to which gov 15 ernment authorities in each country attempt to fil 16 ter censor or otherwise block or remove nonviolent 17 expression of political or religious opinion or belief 18 via the internet including electronic mail as well as 19 a description of the means by which such authorities 20 attempt to block or remove protected speech 21 ‘‘ C An assessment of the extent to which gov 22 ernment authorities in each country have persecuted 23 prosecuted or otherwise punished an individual or 24 group for the nonviolent expression of political reli 25 gious or ideological opinion or belief via the inter 26 net including electronic mail VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS 20 •HR 3776 IH 1 ‘‘ D An assessment of the extent to which gov 2 ernment authorities in each country have sought to 3 collect request obtain or disclose the personally 4 identifiable information of a person in connection 5 with such person’s nonviolent expression of political 6 religious or ideological opinion belief or commu 7 nication that would be protected by the International 8 Covenant on Civil and Political Rights 9 ‘‘ E An assessment of the extent to which wire 10 communications and electronic communications are 11 monitored without regard to the principles of pri 12 vacy human rights democracy and rule of law 13 ‘‘ 2 In compiling data and making assessments for 14 the purposes of paragraph 1 United States diplomatic 15 personnel shall consult with human rights organizations 16 technology and internet companies and other appropriate 17 nongovernmental organizations 18 ‘‘ 3 In this subsection— 19 ‘‘ A the term ‘electronic communication’ has 20 the meaning given such term in section 2510 of title 21 18 United States Code 22 ‘‘ B the term ‘internet’ has the meaning given 23 such term in section 231 e 3 of the Communica 24 tions Act of 1934 47 U S C 231 e 3 VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS 21 •HR 3776 IH 1 ‘‘ C the term ‘personally identifiable informa 2 tion’ means data in a form that identifies a par 3 ticular person and 4 ‘‘ D the term ‘wire communication’ has the 5 meaning given such term in section 2510 of title 18 6 United States Code ’’ 7 b REPORT RELATING TO SECURITY ASSISTANCE — 8 Section 502B of the Foreign Assistance Act of 1961 22 9 U S C 2304 is amended— 10 1 by redesignating the second subsection i 11 relating to child marriage status as subsection j 12 and 13 2 by adding at the end the following new sub 14 section 15 ‘‘ k 1 The report required by subsection b shall 16 include an assessment of freedom of expression with re 17 spect to electronic information in each foreign country 18 Such assessment shall consist of the following 19 ‘‘ A An assessment of the general extent to 20 which internet access is available to and used by citi 21 zens in each country 22 ‘‘ B An assessment of the extent to which gov 23 ernment authorities in each country attempt to fil 24 ter censor or otherwise block or remove nonviolent 25 expression of political or religious opinion or belief VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS 22 •HR 3776 IH 1 via the internet as well as a description of the 2 means by which such authorities attempt to block or 3 remove such expression 4 ‘‘ C An assessment of the extent to which gov 5 ernment authorities in each country have persecuted 6 prosecuted or otherwise punished an individual or 7 group for the peaceful expression of political reli 8 gious or ideological opinion or belief via the inter 9 net 10 ‘‘ D An assessment of the extent to which gov 11 ernment authorities in each country have sought to 12 collect request obtain or disclose personally identi 13 fiable information or other information that could 14 be used to classify individuals into a historically dis 15 criminated category based on a person’s nonviolent 16 expression of political religious or ideological opin 17 ion or belief including without limitation commu 18 nication that would be protected by the International 19 Covenant on Civil and Political Rights 20 ‘‘ E An assessment of the extent to which wire 21 communications and electronic communications are 22 monitored without regard to the principles of pri 23 vacy human rights democracy and rule of law 24 ‘‘ 2 In compiling data and making assessments for 25 the purposes of paragraph 1 United States diplomatic VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS 23 •HR 3776 IH 1 personnel shall consult with human rights organizations 2 technology and internet companies and other appropriate 3 nongovernmental organizations 4 ‘‘ 3 In this subsection— 5 ‘‘ A the term ‘electronic communication’ has 6 the meaning given such term in section 2510 of title 7 18 United States Code 8 ‘‘ B the term ‘internet’ has the meaning given 9 such term in section 231 e 3 of the Communica 10 tions Act of 1934 47 U S C 231 e 3 11 ‘‘ C the term ‘personally identifiable informa 12 tion’ means data in a form that identifies a par 13 ticular person and 14 ‘‘ D the term ‘wire communication’ has the 15 meaning given such term in section 2510 of title 18 16 United States Code ’’ Æ VerDate Sep 11 2014 22 31 Sep 25 2017 Jkt 069200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6301 E BILLS H3776 IH H3776 ethrower on DSK3G9T082PROD with BILLS