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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1251 Engrossed in House (EH)]

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117th CONGRESS
  1st Session
                                H. R. 1251

_______________________________________________________________________

                                 AN ACT

 
 To support United States international cyber diplomacy, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Cyber Diplomacy 
Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. United states international cyberspace policy.
Sec. 5. Department of state responsibilities.
Sec. 6. International cyberspace executive arrangements.
Sec. 7. International strategy for cyberspace.
Sec. 8. Annual country reports on human rights practices.
Sec. 9. Gao report on cyber diplomacy.
Sec. 10. Sense of congress on cybersecurity sanctions against north 
                            korea and cybersecurity legislation in 
                            vietnam.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The stated goal of the United States International 
        Strategy for Cyberspace, launched on May 16, 2011, is to ``work 
        internationally to promote an open, interoperable, secure, and 
        reliable information and communications infrastructure that 
        supports international trade and commerce, strengthens 
        international security, and fosters free expression and 
        innovation * * * in which norms of responsible behavior guide 
        states' actions, sustain partnerships, and support the rule of 
        law in cyberspace''.
            (2) In its June 24, 2013, report, the Group of Governmental 
        Experts on Developments in the Field of Information and 
        Telecommunications in the Context of International Security 
        (referred to in this section as ``GGE''), established by the 
        United Nations General Assembly, concluded that ``State 
        sovereignty and the international norms and principles that 
        flow from it apply to States' conduct of [information and 
        communications technology] ICT-related activities and to their 
        jurisdiction over ICT infrastructure with their territory''.
            (3) In January 2015, China, Kazakhstan, Kyrgyzstan, Russia, 
        Tajikistan, and Uzbekistan proposed a troubling international 
        code of conduct for information security, which could be used 
        as a pretext for restricting political dissent, and includes 
        ``curbing the dissemination of information that incites 
        terrorism, separatism or extremism or that inflames hatred on 
        ethnic, racial or religious grounds''.
            (4) In its July 22, 2015, consensus report, GGE found that 
        ``norms of responsible State behavior can reduce risks to 
        international peace, security and stability''.
            (5) On September 25, 2015, the United States and China 
        announced a commitment that neither country's government ``will 
        conduct or knowingly support cyber-enabled theft of 
        intellectual property, including trade secrets or other 
        confidential business information, with the intent of providing 
        competitive advantages to companies or commercial sectors''.
            (6) At the Antalya Summit on November 15 and 16, 2015, the 
        Group of 20 Leaders' communique--
                    (A) affirmed the applicability of international law 
                to state behavior in cyberspace;
                    (B) called on states to refrain from cyber-enabled 
                theft of intellectual property for commercial gain; and
                    (C) endorsed the view that all states should abide 
                by norms of responsible behavior.
            (7) The March 2016 Department of State International 
        Cyberspace Policy Strategy noted that ``the Department of State 
        anticipates a continued increase and expansion of our cyber-
        focused diplomatic efforts for the foreseeable future''.
            (8) On December 1, 2016, the Commission on Enhancing 
        National Cybersecurity, which was established within the 
        Department of Commerce by Executive Order No. 13718 (81 Fed. 
        Reg. 7441), recommended that ``the President should appoint an 
        Ambassador for Cybersecurity to lead U.S. engagement with the 
        international community on cybersecurity strategies, standards, 
        and practices''.
            (9) On April 11, 2017, the 2017 Group of 7 Declaration on 
        Responsible States Behavior in Cyberspace--
                    (A) recognized ``the urgent necessity of increased 
                international cooperation to promote security and 
                stability in cyberspace'';
                    (B) expressed commitment to ``promoting a strategic 
                framework for conflict prevention, cooperation and 
                stability in cyberspace, consisting of the recognition 
                of the applicability of existing international law to 
                State behavior in cyberspace, the promotion of 
                voluntary, non-binding norms of responsible State 
                behavior during peacetime, and the development and the 
                implementation of practical cyber confidence building 
                measures (CBMs) between States''; and
                    (C) reaffirmed that ``the same rights that people 
                have offline must also be protected online''.
            (10) In testimony before the Select Committee on 
        Intelligence of the Senate on May 11, 2017, Director of 
        National Intelligence Daniel R. Coats identified six cyber 
        threat actors, including--
                    (A) Russia, for ``efforts to influence the 2016 
                U.S. election'';
                    (B) China, for ``actively targeting the U.S. 
                Government, its allies, and U.S. companies for cyber 
                espionage'';
                    (C) Iran, for ``leverag[ing] cyber espionage, 
                propaganda, and attacks to support its security 
                priorities, influence events and foreign perceptions, 
                and counter threats'';
                    (D) North Korea, for ``previously conduct[ing] 
                cyber-attacks against U.S. commercial entities--
                specifically, Sony Pictures Entertainment in 2014'';
                    (E) terrorists, who ``use the Internet to organize, 
                recruit, spread propaganda, raise funds, collect 
                intelligence, inspire action by followers, and 
                coordinate operations''; and
                    (F) criminals, who ``are also developing and using 
                sophisticated cyber tools for a variety of purposes 
                including theft, extortion, and facilitation of other 
                criminal activities''.
            (11) On May 11, 2017, President Donald J. Trump issued 
        Executive Order No. 13800 (82 Fed. Reg. 22391), entitled 
        ``Strengthening the Cybersecurity of Federal Networks and 
        Infrastructure'', which--
                    (A) designates the Secretary of State to lead an 
                interagency effort to develop an engagement strategy 
                for international cooperation in cybersecurity; and
                    (B) notes that ``the United States is especially 
                dependent on a globally secure and resilient internet 
                and must work with allies and other partners toward 
                maintaining * * * the policy of the executive branch to 
                promote an open, interoperable, reliable, and secure 
                internet that fosters efficiency, innovation, 
                communication, and economic prosperity, while 
                respecting privacy and guarding against disruption, 
                fraud, and theft''.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations of the Senate and the Committee on Foreign 
        Affairs of the House of Representatives.
            (2) Information and communications technology; ict.--The 
        terms ``information and communications technology'' and ``ICT'' 
        include hardware, software, and other products or services 
        primarily intended to fulfill or enable the function of 
        information processing and communication by electronic means, 
        including transmission and display, including via the Internet.
            (3) Executive agency.--The term ``Executive agency'' has 
        the meaning given the term in section 105 of title 5, United 
        States Code.

SEC. 4. UNITED STATES INTERNATIONAL CYBERSPACE POLICY.

    (a) In General.--It is the policy of the United States to work 
internationally to promote an open, interoperable, reliable, 
unfettered, and secure Internet governed by the multi-stakeholder 
model, which--
            (1) promotes human rights, democracy, and rule of law, 
        including freedom of expression, innovation, communication, and 
        economic prosperity; and
            (2) respects privacy and guards against deception, fraud, 
        and theft.
    (b) Implementation.--In implementing the policy described in 
subsection (a), the President, in consultation with outside actors, 
including private sector companies, nongovernmental organizations, 
security researchers, and other relevant stakeholders, in the conduct 
of bilateral and multilateral relations, shall pursue the following 
objectives:
            (1) Clarifying the applicability of international laws and 
        norms to the use of ICT.
            (2) Reducing and limiting the risk of escalation and 
        retaliation in cyberspace, damage to critical infrastructure, 
        and other malicious cyber activity that impairs the use and 
        operation of critical infrastructure that provides services to 
        the public.
            (3) Cooperating with like-minded democratic countries that 
        share common values and cyberspace policies with the United 
        States, including respect for human rights, democracy, and the 
        rule of law, to advance such values and policies 
        internationally.
            (4) Encouraging the responsible development of new, 
        innovative technologies and ICT products that strengthen a 
        secure Internet architecture that is accessible to all.
            (5) Securing and implementing commitments on responsible 
        country behavior in cyberspace based upon accepted norms, 
        including the following:
                    (A) Countries should not conduct, or knowingly 
                support, cyber-enabled theft of intellectual property, 
                including trade secrets or other confidential business 
                information, with the intent of providing competitive 
                advantages to companies or commercial sectors.
                    (B) Countries should take all appropriate and 
                reasonable efforts to keep their territories clear of 
                intentionally wrongful acts using ICTs in violation of 
                international commitments.
                    (C) Countries should not conduct or knowingly 
                support ICT activity that, contrary to international 
                law, intentionally damages or otherwise impairs the use 
                and operation of critical infrastructure providing 
                services to the public, and should take appropriate 
                measures to protect their critical infrastructure from 
                ICT threats.
                    (D) Countries should not conduct or knowingly 
                support malicious international activity that, contrary 
                to international law, harms the information systems of 
                authorized emergency response teams (also known as 
                ``computer emergency response teams'' or 
                ``cybersecurity incident response teams'') of another 
                country or authorize emergency response teams to engage 
                in malicious international activity.
                    (E) Countries should respond to appropriate 
                requests for assistance to mitigate malicious ICT 
                activity emanating from their territory and aimed at 
                the critical infrastructure of another country.
                    (F) Countries should not restrict cross-border data 
                flows or require local storage or processing of data.
                    (G) Countries should protect the exercise of human 
                rights and fundamental freedoms on the Internet and 
                commit to the principle that the human rights that 
                people have offline should also be protected online.
            (6) Advancing, encouraging, and supporting the development 
        and adoption of internationally recognized technical standards 
        and best practices.

SEC. 5. DEPARTMENT OF STATE RESPONSIBILITIES.

    (a) In General.--Section 1 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following new 
        subsection:
    ``(g) Bureau of International Cyberspace Policy.--
            ``(1) In general.--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.
            ``(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 policy of the United States described 
                in section 4 of the Cyber Diplomacy Act of 2021.
                    ``(B) Duties described.--The principal duties and 
                responsibilities of the head of the Bureau shall 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 issues;
                            ``(ii) 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;
                            ``(iii) 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;
                            ``(iv) to promote an open, interoperable, 
                        reliable, unfettered, and secure information 
                        and communications technology infrastructure 
                        globally;
                            ``(v) 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;
                            ``(vi) to act as a liaison to civil 
                        society, the private sector, academia, and 
                        other public and private entities on relevant 
                        international cyberspace issues;
                            ``(vii) to lead United States Government 
                        efforts to establish a global deterrence 
                        framework for malicious cyber activity;
                            ``(viii) 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;
                            ``(ix) 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;
                            ``(x) 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;
                            ``(xi) to promote the building of foreign 
                        capacity relating to cyberspace policy 
                        priorities;
                            ``(xii) to promote the maintenance of an 
                        open and interoperable Internet governed by the 
                        multistakeholder model, instead of by 
                        centralized government control;
                            ``(xiii) to promote an international 
                        regulatory environment for technology 
                        investments and the Internet that benefits 
                        United States economic and national security 
                        interests;
                            ``(xiv) to promote cross-border flow of 
                        data and combat international initiatives 
                        seeking to impose unreasonable requirements on 
                        United States businesses;
                            ``(xv) to promote international policies to 
                        protect the integrity of United States and 
                        international telecommunications infrastructure 
                        from foreign-based, cyber-enabled threats;
                            ``(xvi) 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;
                            ``(xvii) to promote international policies 
                        to secure radio frequency spectrum for United 
                        States businesses and national security needs;
                            ``(xviii) to promote and protect the 
                        exercise of human rights, including freedom of 
                        speech and religion, through the Internet;
                            ``(xix) to promote international 
                        initiatives to strengthen civilian and private 
                        sector resiliency to threats in cyberspace;
                            ``(xx) to build capacity of United States 
                        diplomatic officials to engage on cyberspace 
                        issues;
                            ``(xxi) to encourage the development and 
                        adoption by foreign countries of 
                        internationally recognized standards, policies, 
                        and best practices;
                            ``(xxii) to consult, as appropriate, with 
                        other Executive agencies with related functions 
                        vested in such Executive agencies by law; and
                            ``(xxiii) 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 
                issues; and
                    ``(B) international diplomacy.
            ``(4) Organizational placement.--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) A notification that the Secretary has, with 
                respect to the reporting structure of the Bureau, 
                consulted with and solicited feedback from--
                            ``(i) other relevant Federal entities with 
                        a role in international aspects of cyber 
                        policy; and
                            ``(ii) the elements of the Department of 
                        State with responsibility over aspects of cyber 
                        policy, including the elements reporting to--
                                    ``(I) the Under Secretary for 
                                Political Affairs;
                                    ``(II) the Under Secretary for 
                                Civilian Security, Democracy, and Human 
                                Rights;
                                    ``(III) the Under Secretary for 
                                Economic Growth, Energy, and the 
                                Environment;
                                    ``(IV) the Under Secretary for Arms 
                                Control and International Security 
                                Affairs; and
                                    ``(V) the Under Secretary for 
                                Management.
                    ``(B) 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.
                    ``(C) 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.
            ``(5) Rule of construction.--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).
            ``(6) Coordination.--
                    ``(A) Cyberspace policy coordinating committee.--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--
                            ``(i) the Under Secretariat for Political 
                        Affairs;
                            ``(ii) the Under Secretariat for Civilian 
                        Security, Democracy, and Human Rights;
                            ``(iii) the Under Secretariat for Economic 
                        Growth, Energy and the Environment;
                            ``(iv) the Under Secretariat for Arms 
                        Control and International Security;
                            ``(v) the Under Secretariat for Management; 
                        and
                            ``(vi) other senior level Department 
                        participants, as appropriate.
                    ``(B) Other meetings.--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.
    ``(b) Sense of Congress.--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.
    ``(c) United Nations.--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.''.

SEC. 6. INTERNATIONAL CYBERSPACE EXECUTIVE ARRANGEMENTS.

    (a) In General.--The President is encouraged to enter into 
executive arrangements with foreign governments that support the policy 
described in section 4.
    (b) Transmission to Congress.--Section 112b of title 1, United 
States Code, is amended--
            (1) in subsection (a) by striking ``International 
        Relations'' and inserting ``Foreign Affairs'';
            (2) in subsection (e)(2)(B), by adding at the end the 
        following new clause:
                            ``(iii) A bilateral or multilateral 
                        cyberspace agreement.'';
            (3) by redesignating subsection (f) as subsection (g); and
            (4) by inserting after subsection (e) the following new 
        subsection:
    ``(f) With respect to any bilateral or multilateral cyberspace 
agreement under subsection (e)(2)(B)(iii) and the information required 
to be transmitted to Congress under subsection (a), or with respect to 
any arrangement that seeks to secure commitments on responsible country 
behavior in cyberspace consistent with section 4(b)(5) of the Cyber 
Diplomacy Act of 2021, the Secretary of State shall provide an 
explanation of such arrangement, including--
            ``(1) the purpose of such arrangement;
            ``(2) how such arrangement is consistent with the policy 
        described in section 4 of such Act; and
            ``(3) how such arrangement will be implemented.''.
    (c) Status Report.--During the 5-year period immediately following 
the transmittal to Congress of an agreement described in clause (iii) 
of section 112b(e)(2)(B) of title 1, United States Code, as added by 
subsection (b)(2), or until such agreement has been discontinued, if 
discontinued within 5 years, the President shall--
            (1) notify the appropriate congressional committees if 
        another country fails to adhere to significant commitments 
        contained in such agreement; and
            (2) describe the steps that the United States has taken or 
        plans to take to ensure that all such commitments are 
        fulfilled.
    (d) Existing Executive Arrangements.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary of State shall 
brief the appropriate congressional committees regarding any executive 
bilateral or multilateral cyberspace arrangement in effect before the 
date of enactment of this Act, including--
            (1) the arrangement announced between the United States and 
        Japan on April 25, 2014;
            (2) the arrangement announced between the United States and 
        the United Kingdom on January 16, 2015;
            (3) the arrangement announced between the United States and 
        China on September 25, 2015;
            (4) the arrangement announced between the United States and 
        Korea on October 16, 2015;
            (5) the arrangement announced between the United States and 
        Australia on January 19, 2016;
            (6) the arrangement announced between the United States and 
        India on June 7, 2016;
            (7) the arrangement announced between the United States and 
        Argentina on April 27, 2017;
            (8) the arrangement announced between the United States and 
        Kenya on June 22, 2017;
            (9) the arrangement announced between the United States and 
        Israel on June 26, 2017;
            (10) the arrangement announced between the United States 
        and France on February 9, 2018;
            (11) the arrangement announced between the United States 
        and Brazil on May 14, 2018; and
            (12) any other similar bilateral or multilateral 
        arrangement announced before such date of enactment.

SEC. 7. INTERNATIONAL STRATEGY FOR CYBERSPACE.

    (a) Strategy Required.--Not later than one year after the date of 
the enactment of this Act, the President, acting through the Secretary 
of State, and in coordination with the heads of other relevant Federal 
departments and agencies, shall develop a strategy relating to United 
States engagement with foreign governments on international norms with 
respect to responsible state behavior in cyberspace.
    (b) Elements.--The strategy required under subsection (a) shall 
include the following:
            (1) A review of actions and activities undertaken to 
        support the policy described in section 4.
            (2) A plan of action to guide the diplomacy of the 
        Department of State with regard to foreign countries, 
        including--
                    (A) conducting bilateral and multilateral 
                activities to--
                            (i) develop norms of responsible country 
                        behavior in cyberspace consistent with the 
                        objectives specified in section 4(b)(5); and
                            (ii) share best practices and advance 
                        proposals to strengthen civilian and private 
                        sector resiliency to threats and access to 
                        opportunities in cyberspace; and
                    (B) reviewing the status of existing efforts in 
                relevant multilateral fora, as appropriate, to obtain 
                commitments on international norms in cyberspace.
            (3) A review of alternative concepts with regard to 
        international norms in cyberspace offered by foreign countries.
            (4) A detailed description of new and evolving threats in 
        cyberspace from foreign adversaries, state-sponsored actors, 
        and private actors to--
                    (A) United States national security;
                    (B) Federal and private sector cyberspace 
                infrastructure of the United States;
                    (C) intellectual property in the United States; and
                    (D) the privacy and security of citizens of the 
                United States.
            (5) A review of policy tools available to the President to 
        deter and de-escalate tensions with foreign countries, state-
        sponsored actors, and private actors regarding threats in 
        cyberspace, the degree to which such tools have been used, and 
        whether such tools have been effective deterrents.
            (6) A review of resources required to conduct activities to 
        build responsible norms of international cyber behavior.
            (7) A plan of action, developed in consultation with 
        relevant Federal departments and agencies as the President may 
        direct, to guide the diplomacy of the Department of State with 
        regard to inclusion of cyber issues in mutual defense 
        agreements.
    (c) Form of Strategy.--
            (1) Public availability.--The strategy required under 
        subsection (a) shall be available to the public in unclassified 
        form, including through publication in the Federal Register.
            (2) Classified annex.--The strategy required under 
        subsection (a) may include a classified annex, consistent with 
        United States national security interests, if the Secretary of 
        State determines that such annex is appropriate.
    (d) Briefing.--Not later than 30 days after the completion of the 
strategy required under subsection (a), the Secretary of State shall 
brief the appropriate congressional committees on the strategy, 
including any material contained in a classified annex.
    (e) Updates.--The strategy required under subsection (a) shall be 
updated--
            (1) not later than 90 days after any material change to 
        United States policy described in such strategy; and
            (2) not later than one year after the inauguration of each 
        new President.

SEC. 8. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

    The Foreign Assistance Act of 1961 is amended--
            (1) in section 116 (22 U.S.C. 2151n), by adding at the end 
        the following new subsection:
    ``(h)(1) The report required under subsection (d) shall include an 
assessment of freedom of expression with respect to electronic 
information in each foreign country, which information shall include 
the following:
            ``(A) An assessment of the extent to which government 
        authorities in the country inappropriately attempt to filter, 
        censor, or otherwise block or remove nonviolent expression of 
        political or religious opinion or belief through the Internet, 
        including electronic mail, and a description of the means by 
        which such authorities attempt to inappropriately block or 
        remove such expression.
            ``(B) An assessment of the extent to which government 
        authorities in the country have persecuted or otherwise 
        punished, arbitrarily and without due process, an individual or 
        group for the nonviolent expression of political, religious, or 
        ideological opinion or belief through the Internet, including 
        electronic mail.
            ``(C) An assessment of the extent to which government 
        authorities in the country have sought, inappropriately and 
        with malicious intent, to collect, request, obtain, or disclose 
        without due process personally identifiable information of a 
        person in connection with that person's nonviolent expression 
        of political, religious, or ideological opinion or belief, 
        including expression that would be protected by the 
        International Covenant on Civil and Political Rights, adopted 
        at New York December 16, 1966, and entered into force March 23, 
        1976, as interpreted by the United States.
            ``(D) An assessment of the extent to which wire 
        communications and electronic communications are monitored 
        without due process and in contravention to United States 
        policy with respect to the principles of privacy, human rights, 
        democracy, and rule of law.
    ``(2) In compiling data and making assessments under paragraph (1), 
United States diplomatic personnel should consult with relevant 
entities, including human rights organizations, the private sector, the 
governments of like-minded countries, technology and Internet 
companies, and other appropriate nongovernmental organizations or 
entities.
    ``(3) In this subsection--
            ``(A) the term `electronic communication' has the meaning 
        given the term in section 2510 of title 18, United States Code;
            ``(B) the term `Internet' has the meaning given the term in 
        section 231(e)(3) of the Communications Act of 1934 (47 U.S.C. 
        231(e)(3));
            ``(C) the term `personally identifiable information' means 
        data in a form that identifies a particular person; and
            ``(D) the term `wire communication' has the meaning given 
        the term in section 2510 of title 18, United States Code.''; 
        and
            (2) in section 502B (22 U.S.C. 2304)--
                    (A) by redesignating the second subsection (i) 
                (relating to child marriage) as subjection (j); and
                    (B) by adding at the end the following new 
                subsection:
    ``(k)(1) The report required under subsection (b) shall include an 
assessment of freedom of expression with respect to electronic 
information in each foreign country, which information shall include 
the following:
            ``(A) An assessment of the extent to which government 
        authorities in the country inappropriately attempt to filter, 
        censor, or otherwise block or remove nonviolent expression of 
        political or religious opinion or belief through the Internet, 
        including electronic mail, and a description of the means by 
        which such authorities attempt to inappropriately block or 
        remove such expression.
            ``(B) An assessment of the extent to which government 
        authorities in the country have persecuted or otherwise 
        punished, arbitrarily and without due process, an individual or 
        group for the nonviolent expression of political, religious, or 
        ideological opinion or belief through the Internet, including 
        electronic mail.
            ``(C) An assessment of the extent to which government 
        authorities in the country have sought, inappropriately and 
        with malicious intent, to collect, request, obtain, or disclose 
        without due process personally identifiable information of a 
        person in connection with that person's nonviolent expression 
        of political, religious, or ideological opinion or belief, 
        including expression that would be protected by the 
        International Covenant on Civil and Political Rights, adopted 
        at New York December 16, 1966, and entered into force March 23, 
        1976, as interpreted by the United States.
            ``(D) An assessment of the extent to which wire 
        communications and electronic communications are monitored 
        without due process and in contravention to United States 
        policy with respect to the principles of privacy, human rights, 
        democracy, and rule of law.
    ``(2) In compiling data and making assessments under paragraph (1), 
United States diplomatic personnel should consult with relevant 
entities, including human rights organizations, the private sector, the 
governments of like-minded countries, technology and Internet 
companies, and other appropriate nongovernmental organizations or 
entities.
    ``(3) In this subsection--
            ``(A) the term `electronic communication' has the meaning 
        given the term in section 2510 of title 18, United States Code;
            ``(B) the term `Internet' has the meaning given the term in 
        section 231(e)(3) of the Communications Act of 1934 (47 U.S.C. 
        231(e)(3));
            ``(C) the term `personally identifiable information' means 
        data in a form that identifies a particular person; and
            ``(D) the term `wire communication' has the meaning given 
        the term in section 2510 of title 18, United States Code.''.

SEC. 9. GAO REPORT ON CYBER DIPLOMACY.

    Not later than one year after the date of the enactment of this 
Act, the Comptroller General of the United States shall submit a report 
and provide a briefing to the appropriate congressional committees that 
includes--
            (1) an assessment of the extent to which United States 
        diplomatic processes and other efforts with foreign countries, 
        including through multilateral fora, bilateral engagements, and 
        negotiated cyberspace agreements, advance the full range of 
        United States interests in cyberspace, including the policy 
        described in section 4;
            (2) an assessment of the Department of State's 
        organizational structure and approach to managing its 
        diplomatic efforts to advance the full range of United States 
        interests in cyberspace, including a review of--
                    (A) the establishment of a Bureau in the Department 
                of State to lead the Department's international cyber 
                mission;
                    (B) the current or proposed diplomatic mission, 
                structure, staffing, funding, and activities of the 
                Bureau;
                    (C) how the establishment of the Bureau has 
                impacted or is likely to impact the structure and 
                organization of the Department; and
                    (D) what challenges, if any, the Department has 
                faced or will face in establishing such Bureau; and
            (3) any other matters determined relevant by the 
        Comptroller General.

SEC. 10. SENSE OF CONGRESS ON CYBERSECURITY SANCTIONS AGAINST NORTH 
              KOREA AND CYBERSECURITY LEGISLATION IN VIETNAM.

    It is the sense of Congress that--
            (1) the President should designate all entities that 
        knowingly engage in significant activities undermining 
        cybersecurity through the use of computer networks or systems 
        against foreign persons, governments, or other entities on 
        behalf of the Government of North Korea, consistent with 
        section 209(b) of the North Korea Sanctions and Policy 
        Enhancement Act of 2016 (22 U.S.C. 9229(b));
            (2) the cybersecurity law approved by the National Assembly 
        of Vietnam on June 12, 2018--
                    (A) may not be consistent with international trade 
                standards; and
                    (B) may endanger the privacy of citizens of 
                Vietnam; and
            (3) the Government of Vietnam should work with the United 
        States and other countries to ensure that such law meets all 
        relevant international standards.

            Passed the House of Representatives April 20, 2021.

            Attest:

                                                                 Clerk.
117th CONGRESS

  1st Session

                               H. R. 1251

_______________________________________________________________________

                                 AN ACT

 To support United States international cyber diplomacy, and for other 
                               purposes.
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