[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3193 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Cyberspace and 
Cybersecurity Coordination Act of 2010''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) On February 2, 2010, Admiral Dennis C. Blair, the 
        Director of National Intelligence, testified before the Select 
        Committee on Intelligence of the Senate regarding the Annual 
        Threat Assessment of the U.S. Intelligence Community, stating 
        ``The national security of the United States, our economic 
        prosperity, and the daily functioning of our government are 
        dependent on a dynamic public and private information 
        infrastructure, which includes telecommunications, computer 
        networks and systems, and the information residing within. This 
        critical infrastructure is severely threatened. . . . We cannot 
        protect cyberspace without a coordinated and collaborative 
        effort that incorporates both the US private sector and our 
        international partners.''.
            (2) In a January 2010 speech on Internet freedom, Secretary 
        of State Hillary Clinton stated: ``Those who disrupt the free 
        flow of information in our society, or any other, pose a threat 
        to our economy, our government, and our civil society. 
        Countries or individuals that engage in cyber attacks should 
        face consequences and international condemnation. In an 
        Internet-connected world, an attack on one nation's networks 
        can be an attack on all. And by reinforcing that message, we 
        can create norms of behavior among states and encourage respect 
        for the global networked commons.''.
            (3) James Lewis, senior fellow at the Center for Strategic 
        and International Studies asserts, in Securing Cyberspace for 
        the 44th Presidency, ``The international aspects of 
        cybersecurity have been among the least developed elements of 
        U.S. cybersecurity policy. Given the multinational and global 
        aspects of network security, this must be remedied, as 
        energetic engagement could produce real benefits in promoting 
        U.S. objectives and reducing risk.''.
            (4) The 2010 National Broadband Plan of the Federal 
        Communications Commission recommends that ``[t]he Executive 
        Branch should develop a coordinated foreign cybersecurity 
        assistance program to assist foreign countries in the 
        development of legal and technical expertise to address 
        cybersecurity.''.
            (5) The May 2009 White House Cyberspace Policy Review 
        asserts ``[t]he Nation also needs a strategy for cybersecurity 
        designed to shape the international environment and bring like-
        minded nations together on a host of issues, such as technical 
        standards and acceptable legal norms regarding territorial 
        jurisdiction, sovereign responsibility, and use of force. 
        International norms are critical to establishing a secure and 
        thriving digital infrastructure.''.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) even as the United States and the global system have 
        become increasingly more dependent on cyberspace for basic and 
        critical functions and services, a lack of sufficient norms and 
        principles to govern the international cyberspace environment 
        has resulted in significant cyber vulnerabilities and the 
        potential for massive state failure in the event of coordinated 
        cyber attacks;
            (2) the multilateral system has not--
                    (A) addressed these vulnerabilities in a consistent 
                or systematic manner; or
                    (B) established a basic framework of best practices 
                and governance to address and respond to emerging cyber 
                threats;
            (3) the international community should strongly consider 
        the utility of negotiating a multilateral framework on 
        cyberwarfare that would create shared norms for cyber conduct 
        and head off the potentiality for larger disruptions related to 
        cyberwarfare;
            (4) United States diplomatic engagement towards 
        international cybersecurity issues--
                    (A) has been uncoordinated and fragmented; and
                    (B) has not taken advantage of securing cyberspace 
                within a multilateral framework;
            (5) the Secretary of State, in consultation with other 
        relevant Federal agencies, should develop and establish a clear 
        and coordinated strategy for international cyberspace and 
        cybersecurity engagement, which should--
                    (A) review and assess existing strategies for 
                international cyberspace and cybersecurity policy and 
                engagement;
                    (B) define short- and long-term objectives for 
                United States cyberspace and cybersecurity policy;
                    (C) consider how to support a policy of United 
                States Government collaboration and coordination with 
                other countries and organizations in order to bolster 
                an international framework of cyber norms, governance, 
                and deterrence;
                    (D) consider the utility of negotiating a 
                multilateral framework that would provide 
                internationally acceptable principles to better 
                mitigate cyberwarfare, including noncombatants;
                    (E) share and disseminate relevant threat 
                information with key stakeholders;
                    (F) be developed in consultation with other United 
                States Government agencies with relevant technical 
                expertise or policy mandates pertaining to cyberspace 
                and cybersecurity issues; and
                    (G) draw upon the expertise of technology, 
                security, and policy experts, private sector actors, 
                international organizations, and other appropriate 
                entities.

SEC. 4. COORDINATOR FOR CYBERSPACE AND CYBERSECURITY ISSUES.

    Section 1 of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2651a) is amended--
            (1) in subsection (e), by striking ``in this paragraph 
        referred to'' and inserting ``referred to in this subsection'';
            (2) by redesignating subsection (g) as subsection (h); and
            (3) by inserting after subsection (f) the following:
    ``(g) Cyberspace and Cybersecurity Issues.--
            ``(1) In general.--There is established within the office 
        of the Secretary of State a Coordinator for Cyberspace and 
        Cybersecurity Issues (referred to in this subsection as the 
        `Coordinator'), who shall be appointed by the President, by and 
        with the advice and consent of the Senate.
            ``(2) Duties.--
                    ``(A) Principal duties.--The Coordinator shall--
                            ``(i) be the principal official within the 
                        senior management of the Department of State 
                        responsible for cyberspace and cybersecurity 
                        issues;
                            ``(ii) be the principal advisor to the 
                        Secretary of State on international cyberspace 
                        and cybersecurity issues;
                            ``(iii) report directly to the Secretary of 
                        State; and
                            ``(iv) perform such duties and exercise 
                        such powers as the Secretary of State shall 
                        prescribe.
                    ``(B) Additional duties.--In addition to the duties 
                described in subparagraph (A), the Coordinator shall--
                            ``(i) provide strategic direction and 
                        coordination for United States Government 
                        policy and programs aimed at addressing and 
                        responding to cyberspace and cybersecurity 
                        issues overseas, especially in relation to 
                        issues that affect United States foreign policy 
                        and related national security concerns;
                            ``(ii) coordinate with relevant Federal 
                        departments and agencies, including the 
                        Department of Homeland Security, the Department 
                        of Defense, the Department of the Treasury, the 
                        Department of Justice, the Department of 
                        Commerce, and the intelligence community to 
                        develop interagency plans regarding 
                        international cyberspace and cybersecurity 
                        issues;
                            ``(iii) provide a focal point for the 
                        private sector to coordinate on international 
                        cyberspace and cybersecurity issues; and
                            ``(iv) build multilateral cooperation to 
                        develop international norms, common policies, 
                        and responses to secure the integrity of 
                        cyberspace.
            ``(3) Rank and status of ambassador.--The Coordinator shall 
        have the rank and status of Ambassador at Large.
            ``(4) Country and regional cyberspace and cybersecurity 
        policy coordinators.--The Secretary of State, in consultation 
        with the heads of other relevant Federal agencies and in 
        coordination with the relevant Chief of Mission, should 
        designate an employee to have primary responsibility for 
        matters relating to cyberspace and cybersecurity policy in each 
        country or region that the Secretary considers significant with 
        respect to efforts of the United States Government to combat 
        cybersecurity globally.''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act and the amendments made by this Act.
                                 <all>