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 new subsection: There is established, within the Department of State, a Bureau of International Cyberspace Policy (referred to in this subsection as the Bureau ). The head of the Bureau 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 Bureau 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 2021 . The principal duties and responsibilities of the head of the Bureau 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 Bureau; to coordinate cyberspace policy and other relevant functions within the Department of State and with other components of the United States Government, including through the Cyberspace Policy Coordinating Committee described in paragraph (6), and by convening other coordinating meetings with appropriate officials from the Department and other components of the United States Government on a regular basis; 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 2021; to act as a liaison to civil society, the private sector, academia, and other public and private 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 relating to cyberspace policy priorities; to promote the maintenance of an open and interoperable Internet governed by the multistakeholder 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 relevant international cyberspace and digital economy issues as described in the Cyber Diplomacy Act of 2021 ; 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 promote international initiatives to strengthen civilian and private sector resiliency to threats in cyberspace; to build capacity of United States diplomatic officials to engage on cyberspace issues; to encourage the development and adoption by foreign countries of internationally recognized standards, policies, and best practices; to consult, as appropriate, with other Executive agencies with related functions vested in such Executive agencies by law; and to conduct such other matters as the Secretary of State may assign. The head of the Bureau should be an individual of demonstrated competency in the fields of— cybersecurity and other relevant cyberspace issues; and international diplomacy. During the 1-year period beginning on the date of the enactment of the Cyber Diplomacy Act of 2021 , the head of the Bureau shall report to the Under Secretary for Political Affairs or to an official holding a higher position in the Department of State than the Under Secretary for Political Affairs. After the conclusion of such period, the head of the Bureau may report to a different Under Secretary or to an official holding a higher position than Under Secretary if, not less than 15 days prior to any change in such reporting structure, the Secretary of State consults with and provides to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives the following: A notification that the Secretary has, with respect to the reporting structure of the Bureau, consulted with and solicited feedback from— other relevant Federal entities with a role in international aspects of cyber policy; and the elements of the Department of State with responsibility over aspects of cyber policy, including the elements reporting to— the Under Secretary for Political Affairs; the Under Secretary for Civilian Security, Democracy, and Human Rights; the Under Secretary for Economic Growth, Energy, and the Environment; the Under Secretary for Arms Control and International Security Affairs; and the Under Secretary for Management. A description of the new reporting structure for the head of the Bureau, as well as a description of the data and evidence used to justify such new structure. A plan describing how the new reporting structure will better enable the head of the Bureau to carry out the responsibilities specified in paragraph (2), including the security, economic, and human rights aspects of cyber diplomacy. Nothing in this subsection may be construed to preclude the head of the Bureau from being designated as 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). In conjunction with establishing the Bureau pursuant to this subsection, there is established a senior-level Cyberspace Policy Coordinating Committee to ensure that cyberspace issues receive broad senior level-attention and coordination across the Department of State and provide ongoing oversight of such issues. The Cyberspace Policy Coordinating Committee shall be chaired by the head of the Bureau or an official of the Department of State holding a higher position, and operate on an ongoing basis, meeting not less frequently than quarterly. Committee members shall include appropriate officials at the Assistant Secretary level or higher from— the Under Secretariat for Political Affairs; the Under Secretariat for Civilian Security, Democracy, and Human Rights; the Under Secretariat for Economic Growth, Energy and the Environment; the Under Secretariat for Arms Control and International Security; the Under Secretariat for Management; and other senior level Department participants, as appropriate. The head of the Bureau shall convene other coordinating meetings with appropriate officials from the Department of State and other components of the United States Government to ensure regular coordination and collaboration on crosscutting cyber policy issues. It is the sense of Congress that the Bureau of International Cyberspace Policy established under section 1(g) of the State Department Basic Authorities Act of 1956, as added by subsection (a), should have a diverse workforce composed of qualified individuals, including such individuals from traditionally under-represented groups. 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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