IIB 

117TH CONGRESS 

1ST SESSION H. R. 1251 

IN THE SENATE OF THE UNITED STATES 

APRIL 22, 2021 

Received; read twice and referred to the Committee on Foreign Relations 

AN ACT 

To support United States international cyber diplomacy, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Cyber Diplomacy Act of 2021’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 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. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The stated goal of the United States Inter9 national Strategy for Cyberspace, launched on May 

10 16, 2011, is to ‘‘work internationally to promote an 

11 open, interoperable, secure, and reliable information 

12 and communications infrastructure that supports 

13 international trade and commerce, strengthens inter14 national security, and fosters free expression and in15 novation * * * in which norms of responsible behav16 ior guide states’ actions, sustain partnerships, and 

17 support the rule of law in cyberspace’’. 

18 (2) In its June 24, 2013, report, the Group of 

19 Governmental Experts on Developments in the Field 

20 of Information and Telecommunications in the ConVerDate Sep 11 2014 17:55 Apr 23, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1251.RFS H1251

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1 text of International Security (referred to in this 

2 section as ‘‘GGE’’), established by the United Na3 tions General Assembly, concluded that ‘‘State sov4 ereignty and the international norms and principles 

5 that flow from it apply to States’ conduct of [infor6 mation and communications technology] ICT-related 

7 activities and to their jurisdiction over ICT infra8 structure with their territory’’. 

9 (3) In January 2015, China, Kazakhstan, 

10 Kyrgyzstan, Russia, Tajikistan, and Uzbekistan pro11 posed a troubling international code of conduct for 

12 information security, which could be used as a pre13 text for restricting political dissent, and includes 

14 ‘‘curbing the dissemination of information that in15 cites terrorism, separatism or extremism or that in16 flames hatred on ethnic, racial or religious grounds’’. 

17 (4) In its July 22, 2015, consensus report, 

18 GGE found that ‘‘norms of responsible State behav19 ior can reduce risks to international peace, security 

20 and stability’’. 

21 (5) On September 25, 2015, the United States 

22 and China announced a commitment that neither 

23 country’s government ‘‘will conduct or knowingly 

24 support cyber-enabled theft of intellectual property, 

25 including trade secrets or other confidential business 


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1 information, with the intent of providing competitive 

2 advantages to companies or commercial sectors’’. 

3 (6) At the Antalya Summit on November 15 

4 and 16, 2015, the Group of 20 Leaders’ 

5 communique ́— 

6 (A) affirmed the applicability of inter7 national law to state behavior in cyberspace; 

8 (B) called on states to refrain from cyber9 enabled theft of intellectual property for com10 mercial gain; and 

11 (C) endorsed the view that all states 

12 should abide by norms of responsible behavior. 

13 (7) The March 2016 Department of State 

14 International Cyberspace Policy Strategy noted that 

15 ‘‘the Department of State anticipates a continued in16 crease and expansion of our cyber-focused diplomatic 

17 efforts for the foreseeable future’’. 

18 (8) On December 1, 2016, the Commission on 

19 Enhancing National Cybersecurity, which was estab20 lished within the Department of Commerce by Exec21 utive Order No. 13718 (81 Fed. Reg. 7441), rec22 ommended that ‘‘the President should appoint an 

23 Ambassador for Cybersecurity to lead U.S. engage24 ment with the international community on cyberse25 curity strategies, standards, and practices’’. 


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1 (9) On April 11, 2017, the 2017 Group of 7 

2 Declaration on Responsible States Behavior in 

3 Cyberspace— 

4 (A) recognized ‘‘the urgent necessity of in5 creased international cooperation to promote se6 curity and stability in cyberspace’’; 

7 (B) expressed commitment to ‘‘promoting 

8 a strategic framework for conflict prevention, 

9 cooperation and stability in cyberspace, con10 sisting of the recognition of the applicability of 

11 existing international law to State behavior in 

12 cyberspace, the promotion of voluntary, non13 binding norms of responsible State behavior 

14 during peacetime, and the development and the 

15 implementation of practical cyber confidence 

16 building measures (CBMs) between States’’; 

17 and 

18 (C) reaffirmed that ‘‘the same rights that 

19 people have offline must also be protected on20 line’’. 

21 (10) In testimony before the Select Committee 

22 on Intelligence of the Senate on May 11, 2017, Di23 rector of National Intelligence Daniel R. Coats iden24 tified six cyber threat actors, including— 


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1 (A) Russia, for ‘‘efforts to influence the 

2 2016 U.S. election’’; 

3 (B) China, for ‘‘actively targeting the U.S. 

4 Government, its allies, and U.S. companies for 

5 cyber espionage’’; 

6 (C) Iran, for ‘‘leverag[ing] cyber espionage, 

7 propaganda, and attacks to support its security 

8 priorities, influence events and foreign percep9 tions, and counter threats’’; 

10 (D) North Korea, for ‘‘previously 

11 conduct[ing] cyber-attacks against U.S. com12 mercial entities—specifically, Sony Pictures En13 tertainment in 2014’’; 

14 (E) terrorists, who ‘‘use the Internet to or15 ganize, recruit, spread propaganda, raise funds, 

16 collect intelligence, inspire action by followers, 

17 and coordinate operations’’; and 

18 (F) criminals, who ‘‘are also developing 

19 and using sophisticated cyber tools for a variety 

20 of purposes including theft, extortion, and fa21 cilitation of other criminal activities’’. 

22 (11) On May 11, 2017, President Donald J. 

23 Trump issued Executive Order No. 13800 (82 Fed. 

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1 rity of Federal Networks and Infrastructure’’, 

2 which— 

3 (A) designates the Secretary of State to 

4 lead an interagency effort to develop an engage5 ment strategy for international cooperation in 

6 cybersecurity; and 

7 (B) notes that ‘‘the United States is espe8 cially dependent on a globally secure and resil9 ient internet and must work with allies and 

10 other partners toward maintaining * * * the 

11 policy of the executive branch to promote an 

12 open, interoperable, reliable, and secure internet 

13 that fosters efficiency, innovation, communica14 tion, and economic prosperity, while respecting 

15 privacy and guarding against disruption, fraud, 

16 and theft’’. 

17 SEC. 3. DEFINITIONS. 

18 In this Act: 

19 (1) APPROPRIATE CONGRESSIONAL COMMIT20 TEES.—The term ‘‘appropriate congressional com21 mittees’’ means the Committee on Foreign Relations 

22 of the Senate and the Committee on Foreign Affairs 

23 of the House of Representatives. 

24 (2) INFORMATION AND COMMUNICATIONS

25 TECHNOLOGY; ICT.—The terms ‘‘information and 


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1 communications technology’’ and ‘‘ICT’’ include 

2 hardware, software, and other products or services 

3 primarily intended to fulfill or enable the function of 

4 information processing and communication by elec5 tronic means, including transmission and display, in6 cluding via the Internet. 

7 (3) EXECUTIVE AGENCY.—The term ‘‘Executive 

8 agency’’ has the meaning given the term in section 

9 105 of title 5, United States Code. 

10 SEC. 4. UNITED STATES INTERNATIONAL CYBERSPACE 

11 POLICY. 

12 (a) IN GENERAL.—It is the policy of the United 

13 States to work internationally to promote an open, inter14 operable, reliable, unfettered, and secure Internet gov15 erned by the multi-stakeholder model, which— 

16 (1) promotes human rights, democracy, and 

17 rule of law, including freedom of expression, innova18 tion, communication, and economic prosperity; and 

19 (2) respects privacy and guards against decep20 tion, fraud, and theft. 

21 (b) IMPLEMENTATION.—In implementing the policy 

22 described in subsection (a), the President, in consultation 

23 with outside actors, including private sector companies, 

24 nongovernmental organizations, security researchers, and 


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1 other relevant stakeholders, in the conduct of bilateral and 

2 multilateral relations, shall pursue the following objectives: 

3 (1) Clarifying the applicability of international 

4 laws and norms to the use of ICT. 

5 (2) Reducing and limiting the risk of escalation 

6 and retaliation in cyberspace, damage to critical in7 frastructure, and other malicious cyber activity that 

8 impairs the use and operation of critical infrastruc9 ture that provides services to the public. 

10 (3) Cooperating with like-minded democratic 

11 countries that share common values and cyberspace 

12 policies with the United States, including respect for 

13 human rights, democracy, and the rule of law, to ad14 vance such values and policies internationally. 

15 (4) Encouraging the responsible development of 

16 new, innovative technologies and ICT products that 

17 strengthen a secure Internet architecture that is ac18 cessible to all. 

19 (5) Securing and implementing commitments 

20 on responsible country behavior in cyberspace based 

21 upon accepted norms, including the following: 

22 (A) Countries should not conduct, or 

23 knowingly support, cyber-enabled theft of intel24 lectual property, including trade secrets or 

25 other confidential business information, with 


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1 the intent of providing competitive advantages 

2 to companies or commercial sectors. 

3 (B) Countries should take all appropriate 

4 and reasonable efforts to keep their territories 

5 clear of intentionally wrongful acts using ICTs 

6 in violation of international commitments. 

7 (C) Countries should not conduct or know8 ingly support ICT activity that, contrary to 

9 international law, intentionally damages or oth10 erwise impairs the use and operation of critical 

11 infrastructure providing services to the public, 

12 and should take appropriate measures to pro13 tect their critical infrastructure from ICT 

14 threats. 

15 (D) Countries should not conduct or know16 ingly support malicious international activity 

17 that, contrary to international law, harms the 

18 information systems of authorized emergency 

19 response teams (also known as ‘‘computer 

20 emergency response teams’’ or ‘‘cybersecurity 

21 incident response teams’’) of another country or 

22 authorize emergency response teams to engage 

23 in malicious international activity. 

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1 cious ICT activity emanating from their terri2 tory and aimed at the critical infrastructure of 

3 another country. 

4 (F) Countries should not restrict cross-bor5 der data flows or require local storage or proc6 essing of data. 

7 (G) Countries should protect the exercise 

8 of human rights and fundamental freedoms on 

9 the Internet and commit to the principle that 

10 the human rights that people have offline 

11 should also be protected online. 

12 (6) Advancing, encouraging, and supporting the 

13 development and adoption of internationally recog14 nized technical standards and best practices. 

15 SEC. 5. DEPARTMENT OF STATE RESPONSIBILITIES. 

16 (a) IN GENERAL.—Section 1 of the State Depart17 ment Basic Authorities Act of 1956 (22 U.S.C. 2651a) 

18 is amended— 

19 (1) by redesignating subsection (g) as sub20 section (h); and 

21 (2) by inserting after subsection (f) the fol22 lowing new subsection: 

23 ‘‘(g) BUREAU OF INTERNATIONAL CYBERSPACE POL24 ICY.— 


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1 ‘‘(1) IN GENERAL.—There is established, within 

2 the Department of State, a Bureau of International 

3 Cyberspace Policy (referred to in this subsection as 

4 the ‘Bureau’). The head of the Bureau shall have 

5 the rank and status of ambassador and shall be ap6 pointed by the President, by and with the advice and 

7 consent of the Senate. 

8 ‘‘(2) DUTIES.— 

9 ‘‘(A) IN GENERAL.—The head of the Bu10 reau shall perform such duties and exercise 

11 such powers as the Secretary of State shall pre12 scribe, including implementing the policy of the 

13 United States described in section 4 of the 

14 Cyber Diplomacy Act of 2021. 

15 ‘‘(B) DUTIES DESCRIBED.—The principal 

16 duties and responsibilities of the head of the 

17 Bureau shall be— 

18 ‘‘(i) to serve as the principal cyber19 space policy official within the senior man20 agement of the Department of State and 

21 as the advisor to the Secretary of State for 

22 cyberspace issues; 

23 ‘‘(ii) to lead the Department of 

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1 bersecurity, Internet access, Internet free2 dom, digital economy, cybercrime, deter3 rence and international responses to cyber 

4 threats, and other issues that the Sec5 retary assigns to the Bureau; 

6 ‘‘(iii) to coordinate cyberspace policy 

7 and other relevant functions within the De8 partment of State and with other compo9 nents of the United States Government, in10 cluding through the Cyberspace Policy Co11 ordinating Committee described in para12 graph (6), and by convening other coordi13 nating meetings with appropriate officials 

14 from the Department and other compo15 nents of the United States Government on 

16 a regular basis; 

17 ‘‘(iv) to promote an open, interoper18 able, reliable, unfettered, and secure infor19 mation and communications technology in20 frastructure globally; 

21 ‘‘(v) to represent the Secretary of 

22 State in interagency efforts to develop and 

23 advance the policy described in section 4 of 

24 the Cyber Diplomacy Act of 2021; 


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1 ‘‘(vi) to act as a liaison to civil soci2 ety, the private sector, academia, and other 

3 public and private entities on relevant 

4 international cyberspace issues; 

5 ‘‘(vii) to lead United States Govern6 ment efforts to establish a global deter7 rence framework for malicious cyber activ8 ity; 

9 ‘‘(viii) to develop and execute adver10 sary-specific strategies to influence adver11 sary decisionmaking through the imposi12 tion of costs and deterrence strategies, in 

13 coordination with other relevant Executive 

14 agencies; 

15 ‘‘(ix) to advise the Secretary and co16 ordinate with foreign governments on ex17 ternal responses to national security-level 

18 cyber incidents, including coordination on 

19 diplomatic response efforts to support al20 lies threatened by malicious cyber activity, 

21 in conjunction with members of the North 

22 Atlantic Treaty Organization and other 

23 like-minded countries; 

24 ‘‘(x) to promote the adoption of na25 tional processes and programs that enable 


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1 threat detection, prevention, and response 

2 to malicious cyber activity emanating from 

3 the territory of a foreign country, including 

4 as such activity relates to the United 

5 States’ European allies, as appropriate; 

6 ‘‘(xi) to promote the building of for7 eign capacity relating to cyberspace policy 

8 priorities; 

9 ‘‘(xii) to promote the maintenance of 

10 an open and interoperable Internet gov11 erned by the multistakeholder model, in12 stead of by centralized government control; 

13 ‘‘(xiii) to promote an international 

14 regulatory environment for technology in15 vestments and the Internet that benefits 

16 United States economic and national secu17 rity interests; 

18 ‘‘(xiv) to promote cross-border flow of 

19 data and combat international initiatives 

20 seeking to impose unreasonable require21 ments on United States businesses; 

22 ‘‘(xv) to promote international policies 

23 to protect the integrity of United States 

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1 frastructure from foreign-based, cyber-en2 abled threats; 

3 ‘‘(xvi) to lead engagement, in coordi4 nation with Executive agencies, with for5 eign governments on relevant international 

6 cyberspace and digital economy issues as 

7 described in the Cyber Diplomacy Act of 

8 2021; 

9 ‘‘(xvii) to promote international poli10 cies to secure radio frequency spectrum for 

11 United States businesses and national se12 curity needs; 

13 ‘‘(xviii) to promote and protect the ex14 ercise of human rights, including freedom 

15 of speech and religion, through the Inter16 net; 

17 ‘‘(xix) to promote international initia18 tives to strengthen civilian and private sec19 tor resiliency to threats in cyberspace; 

20 ‘‘(xx) to build capacity of United 

21 States diplomatic officials to engage on 

22 cyberspace issues; 

23 ‘‘(xxi) to encourage the development 

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1 nationally recognized standards, policies, 

2 and best practices; 

3 ‘‘(xxii) to consult, as appropriate, with 

4 other Executive agencies with related func5 tions vested in such Executive agencies by 

6 law; and 

7 ‘‘(xxiii) to conduct such other matters 

8 as the Secretary of State may assign. 

9 ‘‘(3) QUALIFICATIONS.—The head of the Bu10 reau should be an individual of demonstrated com11 petency in the fields of— 

12 ‘‘(A) cybersecurity and other relevant 

13 cyberspace issues; and 

14 ‘‘(B) international diplomacy. 

15 ‘‘(4) ORGANIZATIONAL PLACEMENT.—During 

16 the 1-year period beginning on the date of the enact17 ment of the Cyber Diplomacy Act of 2021, the head 

18 of the Bureau shall report to the Under Secretary 

19 for Political Affairs or to an official holding a higher 

20 position in the Department of State than the Under 

21 Secretary for Political Affairs. After the conclusion 

22 of such period, the head of the Bureau may report 

23 to a different Under Secretary or to an official hold24 ing a higher position than Under Secretary if, not 

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1 porting structure, the Secretary of State consults 

2 with and provides to the Committee on Foreign Re3 lations of the Senate and the Committee on Foreign 

4 Affairs of the House of Representatives the fol5 lowing: 

6 ‘‘(A) A notification that the Secretary has, 

7 with respect to the reporting structure of the 

8 Bureau, consulted with and solicited feedback 

9 from— 

10 ‘‘(i) other relevant Federal entities 

11 with a role in international aspects of 

12 cyber policy; and 

13 ‘‘(ii) the elements of the Department 

14 of State with responsibility over aspects of 

15 cyber policy, including the elements report16 ing to— 

17 ‘‘(I) the Under Secretary for Po18 litical Affairs; 

19 ‘‘(II) the Under Secretary for Ci20 vilian Security, Democracy, and 

21 Human Rights; 

22 ‘‘(III) the Under Secretary for 

23 Economic Growth, Energy, and the 

24 Environment; 


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1 ‘‘(IV) the Under Secretary for 

2 Arms Control and International Secu3 rity Affairs; and 

4 ‘‘(V) the Under Secretary for 

5 Management. 

6 ‘‘(B) A description of the new reporting 

7 structure for the head of the Bureau, as well as 

8 a description of the data and evidence used to 

9 justify such new structure. 

10 ‘‘(C) A plan describing how the new re11 porting structure will better enable the head of 

12 the Bureau to carry out the responsibilities 

13 specified in paragraph (2), including the secu14 rity, economic, and human rights aspects of 

15 cyber diplomacy. 

16 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in 

17 this subsection may be construed to preclude the 

18 head of the Bureau from being designated as an As19 sistant Secretary, if such an Assistant Secretary po20 sition does not increase the number of Assistant 

21 Secretary positions at the Department above the 

22 number authorized under subsection (c)(1). 

23 ‘‘(6) COORDINATION.— 

24 ‘‘(A) CYBERSPACE POLICY COORDINATING

25 COMMITTEE.—In conjunction with establishing 


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1 the Bureau pursuant to this subsection, there is 

2 established a senior-level Cyberspace Policy Co3 ordinating Committee to ensure that cyberspace 

4 issues receive broad senior level-attention and 

5 coordination across the Department of State 

6 and provide ongoing oversight of such issues. 

7 The Cyberspace Policy Coordinating Committee 

8 shall be chaired by the head of the Bureau or 

9 an official of the Department of State holding 

10 a higher position, and operate on an ongoing 

11 basis, meeting not less frequently than quar12 terly. Committee members shall include appro13 priate officials at the Assistant Secretary level 

14 or higher from— 

15 ‘‘(i) the Under Secretariat for Polit16 ical Affairs; 

17 ‘‘(ii) the Under Secretariat for Civil18 ian Security, Democracy, and Human 

19 Rights; 

20 ‘‘(iii) the Under Secretariat for Eco21 nomic Growth, Energy and the Environ22 ment; 

23 ‘‘(iv) the Under Secretariat for Arms 

24 Control and International Security; 


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1 ‘‘(v) the Under Secretariat for Man2 agement; and 

3 ‘‘(vi) other senior level Department 

4 participants, as appropriate. 

5 ‘‘(B) OTHER MEETINGS.—The head of the 

6 Bureau shall convene other coordinating meet7 ings with appropriate officials from the Depart8 ment of State and other components of the 

9 United States Government to ensure regular co10 ordination and collaboration on crosscutting 

11 cyber policy issues. 

12 ‘‘(b) SENSE OF CONGRESS.—It is the sense of Con13 gress that the Bureau of International Cyberspace Policy 

14 established under section 1(g) of the State Department 

15 Basic Authorities Act of 1956, as added by subsection (a), 

16 should have a diverse workforce composed of qualified in17 dividuals, including such individuals from traditionally 

18 under-represented groups. 

19 ‘‘(c) UNITED NATIONS.—The Permanent Represent20 ative of the United States to the United Nations should 

21 use the voice, vote, and influence of the United States to 

22 oppose any measure that is inconsistent with the policy 

23 described in section 4.’’. 


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1 SEC. 6. INTERNATIONAL CYBERSPACE EXECUTIVE AR2 RANGEMENTS. 

3 (a) IN GENERAL.—The President is encouraged to 

4 enter into executive arrangements with foreign govern5 ments that support the policy described in section 4. 

6 (b) TRANSMISSION TO CONGRESS.—Section 112b of 

7 title 1, United States Code, is amended— 

8 (1) in subsection (a) by striking ‘‘International 

9 Relations’’ and inserting ‘‘Foreign Affairs’’; 

10 (2) in subsection (e)(2)(B), by adding at the 

11 end the following new clause: 

12 ‘‘(iii) A bilateral or multilateral cyber13 space agreement.’’; 

14 (3) by redesignating subsection (f) as sub15 section (g); and 

16 (4) by inserting after subsection (e) the fol17 lowing new subsection: 

18 ‘‘(f) With respect to any bilateral or multilateral 

19 cyberspace agreement under subsection (e)(2)(B)(iii) and 

20 the information required to be transmitted to Congress 

21 under subsection (a), or with respect to any arrangement 

22 that seeks to secure commitments on responsible country 

23 behavior in cyberspace consistent with section 4(b)(5) of 

24 the Cyber Diplomacy Act of 2021, the Secretary of State 

25 shall provide an explanation of such arrangement, includ26 ing— 


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1 ‘‘(1) the purpose of such arrangement; 

2 ‘‘(2) how such arrangement is consistent with 

3 the policy described in section 4 of such Act; and 

4 ‘‘(3) how such arrangement will be imple5 mented.’’. 

6 (c) STATUS REPORT.—During the 5-year period im7 mediately following the transmittal to Congress of an 

8 agreement described in clause (iii) of section 

9 112b(e)(2)(B) of title 1, United States Code, as added by 

10 subsection (b)(2), or until such agreement has been dis11 continued, if discontinued within 5 years, the President 

12 shall— 

13 (1) notify the appropriate congressional com14 mittees if another country fails to adhere to signifi15 cant commitments contained in such agreement; and 

16 (2) describe the steps that the United States 

17 has taken or plans to take to ensure that all such 

18 commitments are fulfilled. 

19 (d) EXISTING EXECUTIVE ARRANGEMENTS.—Not 

20 later than 180 days after the date of the enactment of 

21 this Act, the Secretary of State shall brief the appropriate 

22 congressional committees regarding any executive bilateral 

23 or multilateral cyberspace arrangement in effect before the 

24 date of enactment of this Act, including— 


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1 (1) the arrangement announced between the 

2 United States and Japan on April 25, 2014; 

3 (2) the arrangement announced between the 

4 United States and the United Kingdom on January 

5 16, 2015; 

6 (3) the arrangement announced between the 

7 United States and China on September 25, 2015; 

8 (4) the arrangement announced between the 

9 United States and Korea on October 16, 2015; 

10 (5) the arrangement announced between the 

11 United States and Australia on January 19, 2016; 

12 (6) the arrangement announced between the 

13 United States and India on June 7, 2016; 

14 (7) the arrangement announced between the 

15 United States and Argentina on April 27, 2017; 

16 (8) the arrangement announced between the 

17 United States and Kenya on June 22, 2017; 

18 (9) the arrangement announced between the 

19 United States and Israel on June 26, 2017; 

20 (10) the arrangement announced between the 

21 United States and France on February 9, 2018; 

22 (11) the arrangement announced between the 

23 United States and Brazil on May 14, 2018; and 


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1 (12) any other similar bilateral or multilateral 

2 arrangement announced before such date of enact3 ment. 

4 SEC. 7. INTERNATIONAL STRATEGY FOR CYBERSPACE. 

5 (a) STRATEGY REQUIRED.—Not later than one year 

6 after the date of the enactment of this Act, the President, 

7 acting through the Secretary of State, and in coordination 

8 with the heads of other relevant Federal departments and 

9 agencies, shall develop a strategy relating to United States 

10 engagement with foreign governments on international 

11 norms with respect to responsible state behavior in cyber12 space. 

13 (b) ELEMENTS.—The strategy required under sub14 section (a) shall include the following: 

15 (1) A review of actions and activities under16 taken to support the policy described in section 4. 

17 (2) A plan of action to guide the diplomacy of 

18 the Department of State with regard to foreign 

19 countries, including— 

20 (A) conducting bilateral and multilateral 

21 activities to— 

22 (i) develop norms of responsible coun23 try behavior in cyberspace consistent with 

24 the objectives specified in section 4(b)(5); 

25 and 


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1 (ii) share best practices and advance 

2 proposals to strengthen civilian and private 

3 sector resiliency to threats and access to 

4 opportunities in cyberspace; and 

5 (B) reviewing the status of existing efforts 

6 in relevant multilateral fora, as appropriate, to 

7 obtain commitments on international norms in 

8 cyberspace. 

9 (3) A review of alternative concepts with regard 

10 to international norms in cyberspace offered by for11 eign countries. 

12 (4) A detailed description of new and evolving 

13 threats in cyberspace from foreign adversaries, state14 sponsored actors, and private actors to— 

15 (A) United States national security; 

16 (B) Federal and private sector cyberspace 

17 infrastructure of the United States; 

18 (C) intellectual property in the United 

19 States; and 

20 (D) the privacy and security of citizens of 

21 the United States. 

22 (5) A review of policy tools available to the 

23 President to deter and de-escalate tensions with for24 eign countries, state-sponsored actors, and private 

25 actors regarding threats in cyberspace, the degree to 


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1 which such tools have been used, and whether such 

2 tools have been effective deterrents. 

3 (6) A review of resources required to conduct 

4 activities to build responsible norms of international 

5 cyber behavior. 

6 (7) A plan of action, developed in consultation 

7 with relevant Federal departments and agencies as 

8 the President may direct, to guide the diplomacy of 

9 the Department of State with regard to inclusion of 

10 cyber issues in mutual defense agreements. 

11 (c) FORM OF STRATEGY.— 

12 (1) PUBLIC AVAILABILITY.—The strategy re13 quired under subsection (a) shall be available to the 

14 public in unclassified form, including through publi15 cation in the Federal Register. 

16 (2) CLASSIFIED ANNEX.—The strategy required 

17 under subsection (a) may include a classified annex, 

18 consistent with United States national security inter19 ests, if the Secretary of State determines that such 

20 annex is appropriate. 

21 (d) BRIEFING.—Not later than 30 days after the 

22 completion of the strategy required under subsection (a), 

23 the Secretary of State shall brief the appropriate congres24 sional committees on the strategy, including any material 

25 contained in a classified annex. 


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1 (e) UPDATES.—The strategy required under sub2 section (a) shall be updated— 

3 (1) not later than 90 days after any material 

4 change to United States policy described in such 

5 strategy; and 

6 (2) not later than one year after the inaugura7 tion of each new President. 

8 SEC. 8. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 

9 PRACTICES. 

10 The Foreign Assistance Act of 1961 is amended— 

11 (1) in section 116 (22 U.S.C. 2151n), by add12 ing at the end the following new subsection: 

13 ‘‘(h)(1) The report required under subsection (d) 

14 shall include an assessment of freedom of expression with 

15 respect to electronic information in each foreign country, 

16 which information shall include the following: 

17 ‘‘(A) An assessment of the extent to which gov18 ernment authorities in the country inappropriately 

19 attempt to filter, censor, or otherwise block or re20 move nonviolent expression of political or religious 

21 opinion or belief through the Internet, including 

22 electronic mail, and a description of the means by 

23 which such authorities attempt to inappropriately 

24 block or remove such expression. 


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1 ‘‘(B) An assessment of the extent to which gov2 ernment authorities in the country have persecuted 

3 or otherwise punished, arbitrarily and without due 

4 process, an individual or group for the nonviolent ex5 pression of political, religious, or ideological opinion 

6 or belief through the Internet, including electronic 

7 mail. 

8 ‘‘(C) An assessment of the extent to which gov9 ernment authorities in the country have sought, in10 appropriately and with malicious intent, to collect, 

11 request, obtain, or disclose without due process per12 sonally identifiable information of a person in con13 nection with that person’s nonviolent expression of 

14 political, religious, or ideological opinion or belief, in15 cluding expression that would be protected by the 

16 International Covenant on Civil and Political Rights, 

17 adopted at New York December 16, 1966, and en18 tered into force March 23, 1976, as interpreted by 

19 the United States. 

20 ‘‘(D) An assessment of the extent to which wire 

21 communications and electronic communications are 

22 monitored without due process and in contravention 

23 to United States policy with respect to the principles 

24 of privacy, human rights, democracy, and rule of 

25 law. 


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1 ‘‘(2) In compiling data and making assessments 

2 under paragraph (1), United States diplomatic personnel 

3 should consult with relevant entities, including human 

4 rights organizations, the private sector, the governments 

5 of like-minded countries, technology and Internet compa6 nies, and other appropriate nongovernmental organiza7 tions or entities. 

8 ‘‘(3) In this subsection— 

9 ‘‘(A) the term ‘electronic communication’ has 

10 the meaning given the term in section 2510 of title 

11 18, United States Code; 

12 ‘‘(B) the term ‘Internet’ has the meaning given 

13 the term in section 231(e)(3) of the Communications 

14 Act of 1934 (47 U.S.C. 231(e)(3)); 

15 ‘‘(C) the term ‘personally identifiable informa16 tion’ means data in a form that identifies a par17 ticular person; and 

18 ‘‘(D) the term ‘wire communication’ has the 

19 meaning given the term in section 2510 of title 18, 

20 United States Code.’’; and 

21 (2) in section 502B (22 U.S.C. 2304)— 

22 (A) by redesignating the second subsection 

23 (i) (relating to child marriage) as subjection (j); 

24 and 


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1 (B) by adding at the end the following new 

2 subsection: 

3 ‘‘(k)(1) The report required under subsection (b) 

4 shall include an assessment of freedom of expression with 

5 respect to electronic information in each foreign country, 

6 which information shall include the following: 

7 ‘‘(A) An assessment of the extent to which gov8 ernment authorities in the country inappropriately 

9 attempt to filter, censor, or otherwise block or re10 move nonviolent expression of political or religious 

11 opinion or belief through the Internet, including 

12 electronic mail, and a description of the means by 

13 which such authorities attempt to inappropriately 

14 block or remove such expression. 

15 ‘‘(B) An assessment of the extent to which gov16 ernment authorities in the country have persecuted 

17 or otherwise punished, arbitrarily and without due 

18 process, an individual or group for the nonviolent ex19 pression of political, religious, or ideological opinion 

20 or belief through the Internet, including electronic 

21 mail. 

22 ‘‘(C) An assessment of the extent to which gov23 ernment authorities in the country have sought, in24 appropriately and with malicious intent, to collect, 

25 request, obtain, or disclose without due process perVerDate Sep 11 2014 17:55 Apr 23, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H1251.RFS H1251

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1 sonally identifiable information of a person in con2 nection with that person’s nonviolent expression of 

3 political, religious, or ideological opinion or belief, in4 cluding expression that would be protected by the 

5 International Covenant on Civil and Political Rights, 

6 adopted at New York December 16, 1966, and en7 tered into force March 23, 1976, as interpreted by 

8 the United States. 

9 ‘‘(D) An assessment of the extent to which wire 

10 communications and electronic communications are 

11 monitored without due process and in contravention 

12 to United States policy with respect to the principles 

13 of privacy, human rights, democracy, and rule of 

14 law. 

15 ‘‘(2) In compiling data and making assessments 

16 under paragraph (1), United States diplomatic personnel 

17 should consult with relevant entities, including human 

18 rights organizations, the private sector, the governments 

19 of like-minded countries, technology and Internet compa20 nies, and other appropriate nongovernmental organiza21 tions or entities. 

22 ‘‘(3) In this subsection— 

23 ‘‘(A) the term ‘electronic communication’ has 

24 the meaning given the term in section 2510 of title 

25 18, United States Code; 


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1 ‘‘(B) the term ‘Internet’ has the meaning given 

2 the term in section 231(e)(3) of the Communications 

3 Act of 1934 (47 U.S.C. 231(e)(3)); 

4 ‘‘(C) the term ‘personally identifiable informa5 tion’ means data in a form that identifies a par6 ticular person; and 

7 ‘‘(D) the term ‘wire communication’ has the 

8 meaning given the term in section 2510 of title 18, 

9 United States Code.’’. 

10 SEC. 9. GAO REPORT ON CYBER DIPLOMACY. 

11 Not later than one year after the date of the enact12 ment of this Act, the Comptroller General of the United 

13 States shall submit a report and provide a briefing to the 

14 appropriate congressional committees that includes— 

15 (1) an assessment of the extent to which United 

16 States diplomatic processes and other efforts with 

17 foreign countries, including through multilateral 

18 fora, bilateral engagements, and negotiated cyber19 space agreements, advance the full range of United 

20 States interests in cyberspace, including the policy 

21 described in section 4; 

22 (2) an assessment of the Department of State’s 

23 organizational structure and approach to managing 

24 its diplomatic efforts to advance the full range of 


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1 United States interests in cyberspace, including a re2 view of— 

3 (A) the establishment of a Bureau in the 

4 Department of State to lead the Department’s 

5 international cyber mission; 

6 (B) the current or proposed diplomatic 

7 mission, structure, staffing, funding, and activi8 ties of the Bureau; 

9 (C) how the establishment of the Bureau 

10 has impacted or is likely to impact the structure 

11 and organization of the Department; and 

12 (D) what challenges, if any, the Depart13 ment has faced or will face in establishing such 

14 Bureau; and 

15 (3) any other matters determined relevant by 

16 the Comptroller General. 

17 SEC. 10. SENSE OF CONGRESS ON CYBERSECURITY SANC18 TIONS AGAINST NORTH KOREA AND CYBER19 SECURITY LEGISLATION IN VIETNAM. 

20 It is the sense of Congress that— 

21 (1) the President should designate all entities 

22 that knowingly engage in significant activities under23 mining cybersecurity through the use of computer 

24 networks or systems against foreign persons, govern25 ments, or other entities on behalf of the Government 


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1 of North Korea, consistent with section 209(b) of 

2 the North Korea Sanctions and Policy Enhancement 

3 Act of 2016 (22 U.S.C. 9229(b)); 

4 (2) the cybersecurity law approved by the Na5 tional Assembly of Vietnam on June 12, 2018— 

6 (A) may not be consistent with inter7 national trade standards; and 

8 (B) may endanger the privacy of citizens 

9 of Vietnam; and 

10 (3) the Government of Vietnam should work 

11 with the United States and other countries to ensure 

12 that such law meets all relevant international stand13 ards. 

Passed the House of Representatives April 20, 2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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