Sec. 9502. BUREAU OF CYBERSPACE AND DIGITAL POLICY
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## SEC. 9502 BUREAU OF CYBERSPACE AND DIGITAL POLICY ###
(a)In General Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), is amended— ####
(1)by redesignating subsections
(i)and
(j)as subsection
(j)and (k), respectively; ####
(2)by redesignating subsection
(h)(as added by section 361(a)(1) of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116-260)) as subsection (l); and ####
(3)by inserting after subsection
(h)the following: > > ### “(i) Bureau of Cyberspace and Digital Policy > > > #### “(1) In general > > There is established, within the Department of State, the Bureau of Cyberspace and Digital 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. > > > #### “(2) Duties > > > ##### “(A) In general > > The head of the Bureau shall perform such duties and exercise such powers as the Secretary of State shall prescribe, including implementing the diplomatic and foreign policy aspects of the policy described in section 9501(a) of the Department of State Authorization Act of 2022. > > > ##### “(B) Duties described > > The principal duties and responsibilities of the head of the Bureau shall, in furtherance of the diplomatic and foreign policy mission of the Department of State, be— > > > ###### “(i) > > 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 and digital issues; > > > ###### “(ii) > > to lead, coordinate, and execute, in coordination with other relevant bureaus and offices, the Department of State’s diplomatic cyberspace, and cybersecurity efforts (including efforts related to data privacy, data flows, internet governance, information and communications technology standards, and other issues that the Secretary has assigned to the Bureau); > > > ###### “(iii) > > to coordinate with relevant Federal agencies and the Office of the National Cyber Director to ensure the diplomatic and foreign policy aspects of the cyber strategy in section 9501 of the Department of State Authorization Act of 2022 and any other subsequent strategy are implemented in a manner that is fully integrated with the broader strategy; > > > ###### “(iv) > > to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally; > > > ###### “(v) > > to represent the Secretary of State in interagency efforts to develop and advance Federal Government cyber priorities and activities, including efforts to develop credible national capabilities, strategies, and policies to deter and counter cyber adversaries, and carry out the purposes of title V of the Department of State Authorization Act of 2022; > > > ###### “(vi) > > to engage civil society, the private sector, academia, and other public and private entities on relevant international cyberspace and international information and communications technology issues; > > > ###### “(vii) > > to support United States Government efforts to uphold and further develop global deterrence frameworks for malicious cyber activity; > > > ###### “(viii) > > to advise the Secretary of State and coordinate with foreign governments regarding responses to national security-level cyber incidents, including coordination on diplomatic response efforts to support allies and partners threatened by malicious cyber activity, in conjunction with members of the North Atlantic Treaty Organization and like-minded countries; > > > ###### “(ix) > > to promote the building of foreign capacity relating to cyberspace policy priorities; > > > ###### “(x) > > to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally and an open, interoperable, secure, and reliable internet governed by the multi-stakeholder model; > > > ###### “(xi) > > to promote an international environment for technology investments and the internet that benefits United States economic and national security interests; > > > ###### “(xii) > > to promote cross-border flow of data and combat international initiatives seeking to impose unreasonable requirements on United States businesses; > > > ###### “(xiii) > > to promote international policies to protect the integrity of United States and international telecommunications infrastructure from foreign-based threats, including cyber-enabled threats; > > > ###### “(xiv) > > to lead engagement, in coordination with relevant executive branch agencies, with foreign governments on relevant international cyberspace, cybersecurity, cybercrime, and digital economy issues described in title V of the Department of State Authorization Act of 2022; > > > ###### “(xv) > > to promote international policies, in coordination with the Department of Commerce, to secure radio frequency spectrum in the best interests of the United States; > > > ###### “(xvi) > > to promote and protect the exercise of human rights, including freedom of speech and religion, through the internet; > > > ###### “(xvii) > > to build capacity of United States diplomatic officials to engage on cyberspace issues; > > > ###### “(xviii) > > to encourage the development and adoption by foreign countries of internationally recognized standards, policies, and best practices; > > > ###### “(xix) > > to support efforts by the Global Engagement Center to counter cyber-enabled information operations against the United States or its allies and partners; and > > > ###### “(xx) > > to conduct such other matters as the Secretary of State may assign. > > > #### “(3) Qualifications > > The head of the Bureau should be an individual of demonstrated competency in the fields of— > > > ##### “(A) > > cybersecurity and other relevant cyberspace and information and communications technology policy issues; and > > > ##### “(B) > > international diplomacy. > > > #### “(4) Organizational placement > > > ##### “(A) Initial placement > > Except as provided in subparagraph (B), the head of the Bureau shall report to the Deputy Secretary of State. > > > ##### “(B) Subsequent placement > > The head of the Bureau may report to an Under Secretary of State or to an official holding a higher position than Under Secretary if, not later than 15 days before any change in such reporting structure, the Secretary of State— > > > ###### “(i) > > consults with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and > > > ###### “(ii) > > submits a report to such committees that— > > > ###### “(I) > > indicates that the Secretary, with respect to the reporting structure of the Bureau, has consulted with and solicited feedback from— > > > ###### “(aa) > > other relevant Federal entities with a role in international aspects of cyber policy; and > > > ###### “(bb) > > the elements of the Department of State with responsibility for aspects of cyber policy, including the elements reporting to— > > > ###### “(AA) > > the Under Secretary of State for Political Affairs; > > > ###### “(BB) > > the Under Secretary of State for Civilian Security, Democracy, and Human Rights; > > > ###### “(CC) > > the Under Secretary of State for Economic Growth, Energy, and the Environment; > > > ###### “(DD) > > the Under Secretary of State for Arms Control and International Security Affairs; > > > ###### “(EE) > > the Under Secretary of State for Management; and > > > ###### “(FF) > > the Under Secretary of State for Public Diplomacy and Public Affairs; > > > ###### “(II) > > describes the new reporting structure for the head of the Bureau and the justification for such new structure; and > > > ###### “(III) > > includes a plan describing how the new reporting structure will better enable the head of the Bureau to carry out the duties described in paragraph (2), including the security, economic, and human rights aspects of cyber diplomacy. > > > #### “(5) Special hiring authorities > > The Secretary of State may— > > > ##### “(A) > > appoint up to 25 employees to cyber positions in the Bureau without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, regarding appointments in the competitive service; and > > > ##### “(B) > > fix the rates of basic pay of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title regarding classification and General Schedule pay rates, provided that the rates for such positions do not exceed the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. > > > #### “(6) Coordination > > In implementing the duties prescribed under paragraph (2), the head of the Bureau shall coordinate with the heads of other Federal agencies, including the Department of Commerce, the Department of Homeland Security, and other Federal agencies that the National Cyber Director deems appropriate. > > > #### “(7) Rule of construction > > Nothing in this subsection may be construed— > > > ##### “(A) > > 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); or > > > ##### “(B) > > to alter or modify the existing authorities of any other Federal agency or official.” > . ###
(b)Sense of Congress It is the sense of Congress that the Bureau established under section 1(i) of the State Department Basic Authorities Act of 1956, as added by subsection (a), should have a diverse workforce composed of qualified individuals, including individuals belonging to an underrepresented group. ###
(c)United Nations **[**[22 U.S.C. 10301 note](/us/usc/t22/s10301)**]** 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 9501(a).
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