II 

111TH CONGRESS 

2D SESSION S. 3193 

To establish within the office of the Secretary of State a Coordinator for 

Cyberspace and Cybersecurity Issues. 

IN THE SENATE OF THE UNITED STATES 

APRIL 12, 2010 

Mr. KERRY (for himself and Mrs. GILLIBRAND) introduced the following bill; 

which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To establish within the office of the Secretary of State a 

Coordinator for Cyberspace and Cybersecurity Issues. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘International Cyber5 space and Cybersecurity Coordination Act of 2010’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) On February 2, 2010, Admiral Dennis C. 

9 Blair, the Director of National Intelligence, testified 

10 before the Select Committee on Intelligence of the 


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1 Senate regarding the Annual Threat Assessment of 

2 the U.S. Intelligence Community, stating ‘‘The na3 tional security of the United States, our economic 

4 prosperity, and the daily functioning of our govern5 ment are dependent on a dynamic public and private 

6 information infrastructure, which includes tele7 communications, computer networks and systems, 

8 and the information residing within. This critical in9 frastructure is severely threatened. . . . We cannot 

10 protect cyberspace without a coordinated and col11 laborative effort that incorporates both the US pri12 vate sector and our international partners.’’. 

13 (2) In a January 2010 speech on Internet free14 dom, Secretary of State Hillary Clinton stated: 

15 ‘‘Those who disrupt the free flow of information in 

16 our society, or any other, pose a threat to our econ17 omy, our government, and our civil society. Coun18 tries or individuals that engage in cyber attacks 

19 should face consequences and international con20 demnation. In an Internet-connected world, an at21 tack on one nation’s networks can be an attack on 

22 all. And by reinforcing that message, we can create 

23 norms of behavior among states and encourage re24 spect for the global networked commons.’’. 


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1 (3) James Lewis, senior fellow at the Center for 

2 Strategic and International Studies asserts, in Se3 curing Cyberspace for the 44th Presidency, ‘‘The 

4 international aspects of cybersecurity have been 

5 among the least developed elements of U.S. cyberse6 curity policy. Given the multinational and global as7 pects of network security, this must be remedied, as 

8 energetic engagement could produce real benefits in 

9 promoting U.S. objectives and reducing risk.’’. 

10 (4) The 2010 National Broadband Plan of the 

11 Federal Communications Commission recommends 

12 that ‘‘[t]he Executive Branch should develop a co13 ordinated foreign cybersecurity assistance program 

14 to assist foreign countries in the development of 

15 legal and technical expertise to address cybersecu16 rity.’’. 

17 (5) The May 2009 White House Cyberspace 

18 Policy Review asserts ‘‘[t]he Nation also needs a 

19 strategy for cybersecurity designed to shape the 

20 international environment and bring like-minded na21 tions together on a host of issues, such as technical 

22 standards and acceptable legal norms regarding ter23 ritorial jurisdiction, sovereign responsibility, and use 

24 of force. International norms are critical to estab25 lishing a secure and thriving digital infrastructure.’’. 


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1 SEC. 3. SENSE OF CONGRESS. 

2 It is the sense of Congress that— 

3 (1) even as the United States and the global 

4 system have become increasingly more dependent on 

5 cyberspace for basic and critical functions and serv6 ices, a lack of sufficient norms and principles to gov7 ern the international cyberspace environment has re8 sulted in significant cyber vulnerabilities and the po9 tential for massive state failure in the event of co10 ordinated cyber attacks; 

11 (2) the multilateral system has not— 

12 (A) addressed these vulnerabilities in a 

13 consistent or systematic manner; or 

14 (B) established a basic framework of best 

15 practices and governance to address and re16 spond to emerging cyber threats; 

17 (3) the international community should strongly 

18 consider the utility of negotiating a multilateral 

19 framework on cyberwarfare that would create shared 

20 norms for cyber conduct and head off the poten21 tiality for larger disruptions related to cyberwarfare; 

22 (4) United States diplomatic engagement to23 wards international cybersecurity issues— 

24 (A) has been uncoordinated and frag25 mented; and 


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1 (B) has not taken advantage of securing 

2 cyberspace within a multilateral framework; 

3 (5) the Secretary of State, in consultation with 

4 other relevant Federal agencies, should develop and 

5 establish a clear and coordinated strategy for inter6 national cyberspace and cybersecurity engagement, 

7 which should— 

8 (A) review and assess existing strategies 

9 for international cyberspace and cybersecurity 

10 policy and engagement; 

11 (B) define short- and long-term objectives 

12 for United States cyberspace and cybersecurity 

13 policy; 

14 (C) consider how to support a policy of 

15 United States Government collaboration and co16 ordination with other countries and organiza17 tions in order to bolster an international frame18 work of cyber norms, governance, and deter19 rence; 

20 (D) consider the utility of negotiating a 

21 multilateral framework that would provide 

22 internationally acceptable principles to better 

23 mitigate cyberwarfare, including noncombat24 ants; 


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1 (E) share and disseminate relevant threat 

2 information with key stakeholders; 

3 (F) be developed in consultation with other 

4 United States Government agencies with rel5 evant technical expertise or policy mandates 

6 pertaining to cyberspace and cybersecurity 

7 issues; and 

8 (G) draw upon the expertise of technology, 

9 security, and policy experts, private sector ac10 tors, international organizations, and other ap11 propriate entities. 

12 SEC. 4. COORDINATOR FOR CYBERSPACE AND CYBERSECU13 RITY ISSUES. 

14 Section 1 of the State Department Basic Authorities 

15 Act of 1956 (22 U.S.C. 2651a) is amended— 

16 (1) in subsection (e), by striking ‘‘in this para17 graph referred to’’ and inserting ‘‘referred to in this 

18 subsection’’; 

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

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

23 ‘‘(g) CYBERSPACE AND CYBERSECURITY ISSUES.— 

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

25 the office of the Secretary of State a Coordinator for 


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1 Cyberspace and Cybersecurity Issues (referred to in 

2 this subsection as the ‘Coordinator’), who shall be 

3 appointed by the President, by and with the advice 

4 and consent of the Senate. 

5 ‘‘(2) DUTIES.— 

6 ‘‘(A) PRINCIPAL DUTIES.—The Coordi7 nator shall— 

8 ‘‘(i) be the principal official within the 

9 senior management of the Department of 

10 State responsible for cyberspace and cyber11 security issues; 

12 ‘‘(ii) be the principal advisor to the 

13 Secretary of State on international cyber14 space and cybersecurity issues; 

15 ‘‘(iii) report directly to the Secretary 

16 of State; and 

17 ‘‘(iv) perform such duties and exercise 

18 such powers as the Secretary of State shall 

19 prescribe. 

20 ‘‘(B) ADDITIONAL DUTIES.—In addition to 

21 the duties described in subparagraph (A), the 

22 Coordinator shall— 

23 ‘‘(i) provide strategic direction and co24 ordination for United States Government 

25 policy and programs aimed at addressing 


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1 and responding to cyberspace and cyberse2 curity issues overseas, especially in relation 

3 to issues that affect United States foreign 

4 policy and related national security con5 cerns; 

6 ‘‘(ii) coordinate with relevant Federal 

7 departments and agencies, including the 

8 Department of Homeland Security, the De9 partment of Defense, the Department of 

10 the Treasury, the Department of Justice, 

11 the Department of Commerce, and the in12 telligence community to develop inter13 agency plans regarding international cyber14 space and cybersecurity issues; 

15 ‘‘(iii) provide a focal point for the pri16 vate sector to coordinate on international 

17 cyberspace and cybersecurity issues; and 

18 ‘‘(iv) build multilateral cooperation to 

19 develop international norms, common poli20 cies, and responses to secure the integrity 

21 of cyberspace. 

22 ‘‘(3) RANK AND STATUS OF AMBASSADOR.— 

23 The Coordinator shall have the rank and status of 

24 Ambassador at Large. 


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1 ‘‘(4) COUNTRY AND REGIONAL CYBERSPACE

2 AND CYBERSECURITY POLICY COORDINATORS.—The 

3 Secretary of State, in consultation with the heads of 

4 other relevant Federal agencies and in coordination 

5 with the relevant Chief of Mission, should designate 

6 an employee to have primary responsibility for mat7 ters relating to cyberspace and cybersecurity policy 

8 in each country or region that the Secretary con9 siders significant with respect to efforts of the 

10 United States Government to combat cybersecurity 

11 globally.’’. 

12 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated such sums 

14 as may be necessary to carry out this Act and the amend15 ments made by this Act. 

Æ 


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