S.Amdt. 1976

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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