Sec. 5. Department of State responsibilities
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Section 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended— by redesignating subsection
(g)as subsection (h); and by inserting after subsection
(f)the following: There is established, within the Department of State, an Office of International Cyberspace Policy (referred to in this subsection as the Office ). The head of the Office shall have the rank and status of ambassador and shall be appointed by the President, by and with the advice and consent of the Senate. 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 4 of the Cyber Diplomacy Act of 2019 . The principal duties and responsibilities of the head of the Office shall be— to serve as the principal cyberspace policy official within the senior management of the Department of State and as the advisor to the Secretary of State for cyberspace issues; to lead the Department of State’s diplomatic cyberspace efforts, including efforts relating to international cybersecurity, Internet access, Internet freedom, digital economy, cybercrime, deterrence and international responses to cyber threats, and other issues that the Secretary assigns to the Office; to promote an open, interoperable, reliable, unfettered, and secure information and communications technology infrastructure globally; to represent the Secretary of State in interagency efforts to develop and advance the policy described in section 4 of the Cyber Diplomacy Act of 2019 ; to coordinate cyberspace efforts and other relevant functions, including countering terrorists' use of cyberspace, within the Department of State and with other components of the United States Government; to act as a liaison to public and private sector entities on relevant international cyberspace issues; to lead United States Government efforts to establish a global deterrence framework for malicious cyber activity; to develop and execute adversary-specific strategies to influence adversary decisionmaking through the imposition of costs and deterrence strategies, in coordination with other relevant Executive agencies; to advise the Secretary and coordinate with foreign governments on external responses to national-security-level cyber incidents, including coordination on diplomatic response efforts to support allies threatened by malicious cyber activity, in conjunction with members of the North Atlantic Treaty Organization and other like-minded countries; to promote the adoption of national processes and programs that enable threat detection, prevention, and response to malicious cyber activity emanating from the territory of a foreign country, including as such activity relates to the United States’ European allies, as appropriate; to promote the building of foreign capacity to protect the global network with the goal of enabling like-minded participation in deterrence frameworks; to promote the maintenance of an open and interoperable Internet governed by the multi-stakeholder model, instead of by centralized government control; to promote an international regulatory environment for technology investments and the Internet that benefits United States economic and national security interests; to promote cross-border flow of data and combat international initiatives seeking to impose unreasonable requirements on United States businesses; to promote international policies to protect the integrity of United States and international telecommunications infrastructure from foreign-based, cyber-enabled threats; to lead engagement, in coordination with Executive agencies, with foreign governments on cyberspace and digital economy issues as described in the Cyber Diplomacy Act of 2019 ; to promote international policies to secure radio frequency spectrum for United States businesses and national security needs; to promote and protect the exercise of human rights, including freedom of speech and religion, through the Internet; to build capacity of United States diplomatic officials to engage on cyber issues; to encourage the development and adoption by foreign countries of internationally recognized standards, policies, and best practices; and to consult, as appropriate, with other Executive agencies with related functions vested in such Executive agencies by law. The head of the Office should be an individual of demonstrated competency in the fields of— cybersecurity and other relevant cyber issues; and international diplomacy. During the 4-year period beginning on the date of the enactment of the Cyber Diplomacy Act of 2019 , the head of the Office shall report to the Under Secretary for Political Affairs or to an official holding a higher position than the Under Secretary for Political Affairs in the Department of State. After the conclusion of such period, the head of the Office shall report to an appropriate Under Secretary or to an official holding a higher position than Under Secretary. Nothing in this subsection may be construed to preclude— the Office from being elevated to a Bureau within the Department of State; or 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). . It is the sense of Congress that the Office of International Cyberspace Policy established under section 1(g) of the State Department Basic Authorities Act of 1956, as added by subsection (a), should be a Bureau of the Department of State and the head of such Office should report directly to the Secretary of State or Deputy Secretary of State. The Permanent Representative of the United States to the United Nations should use the voice, vote, and influence of the United States to oppose any measure that is inconsistent with the policy described in section 4.
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Sec. 5
Department of State responsibilities
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