[Congressional Record Volume 164, Number 10 (Wednesday, January 17, 2018)]
[House]
[Pages H435-H439]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CYBER DIPLOMACY ACT OF 2017
Mr. ROYCE of California. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 3776) to support United States international cyber
diplomacy, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3776
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 ``Cyber Diplomacy Act of
2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(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) The Group of Governmental Experts (GGE) on Developments
in the Field of Information and Telecommunications in the
Context of International Security, established by the United
Nations General Assembly, concluded in its June 24, 2013,
report ``that State sovereignty and the international norms
and principles that flow from it apply to States' conduct of
[information and communications technology or ICT] related
activities and to their jurisdiction over ICT infrastructure
with their territory.''.
(3) On January 13, 2015, China, Kazakhstan, Kyrgyzstan,
Russia, Tajikistan, and Uzbekistan proposed a troubling
international code of conduct for information security which
defines responsible State behavior in cyberspace to include
``curbing the dissemination of information'' and the ``right
to independent control of information and communications
technology'' when a country's political security is
threatened.
(4) The July 22, 2015, GGE consensus report 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 from November 15-16, 2015, the
Group of 20 (G20) Leaders' Communique affirmed the
applicability of international law to State behavior in
cyberspace, called on States to refrain from cyber-enabled
theft of intellectual property for commercial gain, and
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 established
[[Page H436]]
within the Department of Commerce recommended ``the President
should appoint an Ambassador for Cybersecurity to lead U.S.
engagement with the international community on cybersecurity
strategies, standards, and practices.''.
(9) The 2017 Group of 7 (G7) Declaration on Responsible
States Behavior in Cyberspace recognized on April 11, 2017,
``the urgent necessity of increased international cooperation
to promote security and stability in cyberspace . . .
consisting 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 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, the Director of
National Intelligence identified six cyber threat actors,
including Russia for ``efforts to influence the 2016 US
election''; China, for ``actively targeting the US
Government, its allies, and US companies for cyber
espionage''; Iran for ``leverage[ing] cyber espionage,
propaganda, and attacks to support its security priorities,
influence events and foreign perceptions, and counter
threats''; North Korea for ``previously conduct[ing] cyber-
attacks against US commercial entities--specifically, Sony
Pictures Entertainment in 2014''; terrorists, who ``use the
Internet to organize, recruit, spread propaganda, raise
funds, collect intelligence, inspire action by followers, and
coordinate operations''; and 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 Trump issued Presidential
Executive Order 13800 on Strengthening the Cybersecurity of
Federal Networks and Infrastructure which designated the
Secretary of State to lead an interagency effort to develop
strategic options for the President to deter adversaries from
cyber threats and an engagement strategy for international
cooperation in cybersecurity, noting 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 deception, fraud, and theft.''.
SEC. 3. UNITED STATES INTERNATIONAL CYBERSPACE POLICY.
(a) In General.--Congress declares that it is the policy of
the United States to work internationally with allies and
other partners to promote an open, interoperable, reliable,
unfettered, and secure internet governed by the
multistakeholder model which promotes human rights,
democracy, and rule of law, including freedom of expression,
innovation, communication, and economic prosperity, while
respecting privacy and guarding against deception, fraud, and
theft.
(b) Implementation.--In implementing the policy described
in subsection (a), the President, in consultation with
outside actors, including technology companies,
nongovernmental organizations, security researchers, and
other relevant stakeholders, shall pursue the following
objectives in the conduct of bilateral and multilateral
relations:
(1) Clarifying the applicability of international laws and
norms, including the law of armed conflict, to the use of
ICT.
(2) Clarifying that countries that fall victim to malicious
cyber activities have the right to take proportionate
countermeasures under international law, provided such
measures do not violate a fundamental human right or
peremptory norm.
(3) Reducing and limiting the risk of escalation and
retaliation in cyberspace, such as massive denial-of-service
attacks, damage to critical infrastructure, or other
malicious cyber activity that impairs the use and operation
of critical infrastructure that provides services to the
public.
(4) Cooperating with like-minded democratic countries that
share common values and cyberspace policies with the United
States, including respect for human rights, democracy, and
rule of law, to advance such values and policies
internationally.
(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 cooperate in developing and applying
measures to increase stability and security in the use of
ICTs and to prevent ICT practices that are acknowledged to be
harmful or that may pose threats to international peace and
security.
(C) Countries should take all appropriate and reasonable
efforts to keep their territories clear of intentionally
wrongful acts using ICTs in violation of international
commitments.
(D) 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, and should take appropriate measures
to protect their critical infrastructure from ICT threats.
(E) Countries should not conduct or knowingly support
malicious international activity that, contrary to
international law, harms the information systems of
authorized emergency response teams (sometimes known as
``computer emergency response teams'' or ``cybersecurity
incident response teams'') or related private sector
companies of another country.
(F) Countries should identify economic drivers and
incentives to promote securely-designed ICT products and to
develop policy and legal frameworks to promote the
development of secure internet architecture.
(G) Countries should respond to appropriate requests for
assistance to mitigate malicious ICT activity aimed at the
critical infrastructure of another country emanating from
their territory.
(H) Countries should not restrict cross-border data flows
or require local storage or processing of data.
(I) 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
enjoy the same protections online.
SEC. 4. DEPARTMENT OF STATE RESPONSIBILITIES.
(a) Office of Cyber Issues.--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) Office of Cyber Issues.--
``(1) In general.--There is established an Office of Cyber
Issues (in this subsection referred to as the `Office'). The
head of the Office shall have the rank and status of
ambassador and be appointed by the President, by and with the
advice and consent of the Senate.
``(2) Duties.--
``(A) In general.--The head of the Office 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 3 of the Cyber
Diplomacy Act of 2017.
``(B) Duties described.--The principal duties of the head
of the Office shall be to--
``(i) serve as the principal cyber-policy official within
the senior management of the Department of State and advisor
to the Secretary of State for cyber issues;
``(ii) lead the Department of State's diplomatic cyberspace
efforts generally, including relating to international
cybersecurity, internet access, internet freedom, digital
economy, cybercrime, deterrence and international responses
to cyber threats;
``(iii) promote an open, interoperable, reliable,
unfettered, and secure information and communications
technology infrastructure globally;
``(iv) represent the Secretary of State in interagency
efforts to develop and advance the United States
international cyberspace policy;
``(v) coordinate within the Department of State and with
other components of the United States Government cyberspace
efforts and other relevant functions, including countering
terrorists' use of cyberspace; and
``(vi) act as liaison to public and private sector entities
on relevant cyberspace issues.
``(3) Qualifications.--The head of the Office should be an
individual of demonstrated competency in the field of--
``(A) cybersecurity and other relevant cyber issues; and
``(B) international diplomacy.
``(4) Organizational placement.--The head of the Office
shall report to the Under Secretary for Political Affairs or
official holding a higher position in the Department of
State.
``(5) Rule of construction.--Nothing in this subsection may
be construed as precluding--
``(A) the Office from being elevated to a Bureau of the
Department of State; and
``(B) the head of the Office from being elevated to 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).''.
(b) Sense of Congress.--It is the sense of Congress that
the Office of Cyber Issues established under section 1(g) of
the State Department Basic Authorities Act of 1956 (as
amended by subsection (a) of this section) should be a Bureau
of the Department of State headed by an Assistant Secretary,
subject to the rule of construction specified in paragraph
(5)(B) of such section 1(g).
(c) United Nations.--The Permanent Representative of the
United States to the United Nations shall use the voice,
vote, and influence of the United States to oppose any
measure that is inconsistent with the United States
international cyberspace policy described in section 3.
SEC. 5. INTERNATIONAL CYBERSPACE EXECUTIVE ARRANGEMENTS.
(a) In General.--The President is encouraged to enter into
executive arrangements with foreign governments that support
the United States international cyberspace policy described
in section 3.
(b) Transmission to Congress.--The text of any executive
arrangement (including the text of any oral arrangement,
which shall be reduced to writing) entered into by the United
States under subsection (a) shall be transmitted to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate not
later than five days after such arrangement is signed or
otherwise agreed to, together with an explanation of such
arrangement, its purpose, how such arrangement is consistent
with the United States international cyberspace policy
described in section 3, and how such arrangement will be
implemented.
(c) Status Report.--Not later than one year after the text
of an executive arrangement is transmitted to Congress
pursuant to subsection (b) and annually thereafter for seven
years, or
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until such an arrangement has been discontinued, the
President shall report to the Committee on Foreign Affairs of
the House of Representatives and the Committee on Foreign
Relations of the Senate on the status of such arrangement,
including an evidence-based assessment of whether all parties
to such arrangement have fulfilled their commitments under
such arrangement and if not, what steps the United States has
taken or plans to take to ensure all such commitments are
fulfilled, whether the stated purpose of such arrangement is
being achieved, and whether such arrangement positively
impacts building of cyber norms internationally. Each such
report shall include metrics to support its findings.
(d) Existing Executive Arrangements.--Not later than 60
days after the date of the enactment of this Act, the
President shall satisfy the requirements of subsection (c)
for the following executive arrangements already in effect:
(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) Any other similar bilateral or multilateral
arrangement announced before the date of the enactment of
this Act.
SEC. 6. INTERNATIONAL STRATEGY FOR CYBERSPACE.
(a) Strategy Required.--Not later than one year after the
date of the enactment of this Act, the Secretary of State, in
coordination with the heads of other relevant Federal
departments and agencies, shall produce a strategy relating
to United States international policy with regard to
cyberspace.
(b) Elements.--The strategy required under subsection (a)
shall include the following:
(1) A review of actions and activities undertaken to
support the United States international cyberspace policy
described in section 3.
(2) A plan of action to guide the diplomacy of the
Department of State with regard to foreign countries,
including conducting bilateral and multilateral activities to
develop the norms of responsible international behavior in
cyberspace, and status review of existing efforts in
multilateral fora to obtain agreements 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 to
United States national security in cyberspace from foreign
countries, State-sponsored actors, and private actors to
Federal and private sector infrastructure of the United
States, intellectual property in the United States, and the
privacy 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, and to what degree such tools have been used and
whether or not such tools have been effective.
(6) A review of resources required to conduct activities to
build responsible norms of international cyber behavior.
(7) A clarification of the applicability of international
laws and norms, including the law of armed conflict, to the
use of ICT.
(8) A clarification that countries that fall victim to
malicious cyber activities have the right to take
proportionate countermeasures under international law,
including exercising the right to collective and individual
self-defense.
(9) A plan of action to guide the diplomacy of the
Department of State with regard to existing mutual defense
agreements, including the inclusion in such agreements of
information relating to the applicability of malicious cyber
activities in triggering mutual defense obligations.
(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.--
(A) In general.--If the Secretary of State determines that
such is appropriate, the strategy required under subsection
(a) may include a classified annex consistent with United
States national security interests.
(B) Rule of construction.--Nothing in this subsection may
be construed as authorizing the public disclosure of an
unclassified annex under subparagraph (A).
(d) Briefing.--Not later than 30 days after the production
of the strategy required under subsection (a), the Secretary
of State shall brief the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign
Relations of the Senate on such 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 there has been any
material change to United States policy as described in such
strategy; and
(2) not later than one year after each inauguration of a
new President.
(f) Preexisting Requirement.--Upon the production and
publication of the report required under section 3(c) of the
Presidential Executive Order 13800 on Strengthening the
Cybersecurity of Federal Networks and Critical Infrastructure
on May 11, 2017, such report shall be considered as
satisfying the requirement under subsection (a) of this
section.
SEC. 7. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.
(a) Report Relating to Economic Assistance.--Section 116 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151n) is
amended by adding at the end the following new subsection:
``(h)(1) The report required by subsection (d) shall
include an assessment of freedom of expression with respect
to electronic information in each foreign country. Such
assessment shall consist of the following:
``(A) An assessment of the extent to which government
authorities in each country inappropriately attempt to
filter, censor, or otherwise block or remove nonviolent
expression of political or religious opinion or belief via
the internet, including electronic mail, as well as a
description of the means by which such authorities attempt to
block or remove such expression.
``(B) An assessment of the extent to which government
authorities in each country have persecuted or otherwise
punished an individual or group for the nonviolent expression
of political, religious, or ideological opinion or belief via
the internet, including electronic mail.
``(C) An assessment of the extent to which government
authorities in each country have sought to inappropriately
collect, request, obtain, or disclose personally identifiable
information of a person in connection with such 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.
``(D) An assessment of the extent to which wire
communications and electronic communications are monitored
without regard to the principles of privacy, human rights,
democracy, and rule of law.
``(2) In compiling data and making assessments for the
purposes of paragraph (1), United States diplomatic personnel
shall consult with human rights organizations, technology and
internet companies, and other appropriate nongovernmental
organizations.
``(3) In this subsection--
``(A) the term `electronic communication' has the meaning
given such term in section 2510 of title 18, United States
Code;
``(B) the term `internet' has the meaning given such 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
such term in section 2510 of title 18, United States Code.''.
(b) Report Relating to Security Assistance.--Section 502B
of the Foreign Assistance Act of 1961 (22 U.S.C. 2304) is
amended--
(1) by redesignating the second subsection (i) (relating to
child marriage status) as subsection (j); and
(2) by adding at the end the following new subsection:
``(k)(1) The report required by subsection (b) shall
include an assessment of freedom of expression with respect
to electronic information in each foreign country. Such
assessment shall consist of the following:
``(A) An assessment of the extent to which government
authorities in each country inappropriately attempt to
filter, censor, or otherwise block or remove nonviolent
expression of political or religious opinion or belief via
the internet, including electronic mail, as well as a
description of the means by which such authorities attempt to
block or remove such expression.
``(B) An assessment of the extent to which government
authorities in each country have persecuted or otherwise
punished an individual or group for the nonviolent expression
of political, religious, or ideological opinion or belief via
the internet, including electronic mail.
``(C) An assessment of the extent to which government
authorities in each country have sought to inappropriately
collect, request, obtain, or disclose personally identifiable
information of a person in connection with such 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.
``(D) An assessment of the extent to which wire
communications and electronic communications are monitored
without regard to the principles of privacy, human rights,
democracy, and rule of law.
``(2) In compiling data and making assessments for the
purposes of paragraph (1), United States diplomatic personnel
shall consult with human rights organizations, technology and
internet companies, and other appropriate nongovernmental
organizations.
``(3) In this subsection--
``(A) the term `electronic communication' has the meaning
given such term in section 2510 of title 18, United States
Code;
``(B) the term `internet' has the meaning given such 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
such term in section 2510 of title 18, United States Code.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Royce) and the gentleman from New Jersey (Mr. Sires)
each will control 20 minutes.
The Chair recognizes the gentleman from California.
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General Leave
Mr. ROYCE of California. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days to revise and extend their
remarks and to include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. ROYCE of California. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, let me begin by saying the United States is increasingly
under attack by foreign actors online. Nobody knows this better than
our members on the Foreign Affairs Committee, but especially Mike
McCaul, who assisted me on this bill. As you know, Mike McCaul also
chairs the Homeland Security Committee.
So this legislation is focused on correcting a serious threat.
Malicious cyber activities by state and non-state actors threaten our
U.S. foreign policy, our security, and our economic interests right now
around the globe.
Last year, the intelligence community's Worldwide Threat Assessment
summed this up well. As they looked at the problem, they said: ``Our
adversaries are becoming more adept at using cyberspace to threaten our
interests and advance their own, and despite improving our cyber
defenses, nearly all information, communication networks, and systems
will be at risk for years.''
But it is not just the security of our networks that the United
States needs to protect. It is the very fabric of the internet itself
that is increasingly under assault by governments that want to erect
digital borders, that want to impose more control, and that want
censorship online.
The State Department has a critical role to play in promoting an open
and secure cyberspace by developing international norms of responsible
state behavior and deterring malicious actors from carrying out
destructive cyber operations.
Last year, the President signed an executive order charging the
Secretary of State with creating an interagency strategy to protect the
American people from cyber threats along with a plan to improve
international cooperation in cybersecurity.
Despite the prominent role assigned to the Department by the
President's executive order and support from this body for such work,
the office tasked with leading this effort for the State Department was
merged into the Bureau of Economic and Business Affairs. The concern is
that this limits the Department's ability to confront the full range of
issues in cyberspace--such as security, internet access, online human
rights, and cybercrime--beyond the clear economic challenges.
So I believe this sends the wrong signal to Moscow, to Beijing, and
to other governments around the world. The United States should make it
clear that we place a high priority on the whole range of cyber issues,
including cybersecurity, internet access, online rights, deterrence,
and cybercrime.
In testimony before the Foreign Affairs Committee--and here is the
good news--I was relieved to hear our Deputy Secretary Sullivan say
that this was just an interim step and that he expects cyber issues
will ultimately be elevated to a Senate-confirmed role. This is exactly
what this bill requires.
So now, more than ever, we need a high-ranking cyber diplomat at the
State Department to prioritize these efforts to ensure that we keep the
internet open, keep it reliable, and keep it secure. The bipartisan
Cyber Diplomacy Act is going to help counter foreign threats on the
internet, it is going to promote human rights abroad, and it is going
to also, by the way, create new jobs and economic growth here at home.
Mr. Speaker, I urge my colleagues to support the bill, and I reserve
the balance of my time.
Mr. SIRES. Mr. Speaker, I yield myself such time as I may consume.
I rise today in support of this measure.
Mr. Speaker, let me first thank our chairman of the Foreign Affairs
Committee, Ed Royce, and Ranking Member Eliot Engel, for their
leadership on this issue.
Mr. Speaker, malicious cyber activity has become a grave threat to
the United States and our allies.
In 2014, North Korea hacked Sony Pictures. In 2015, the Chinese stole
the personal data of millions of people from the Office of Personnel
Management.
In 2016, Russia illegally interfered in our Presidential election,
stealing election data and doing real damage to American democracy.
Now, in 2018, our midterm elections are at risk. Putin and his
cronies were not finished after the last election. They have hacked our
allies, and they will hack our elections again and again unless we do
something about it.
We cannot allow foreign governments to meddle in democracy and steal
data from our networks. To stand up against these threats, this bill
establishes a high-level ambassador to lead the State Department's
cyber diplomacy efforts. It also requires the Secretary of State to
create an international cyber policy that will improve international
cyber norms on security and democratic principles, including a
commitment to keep the internet free, open, and interoperable.
America cannot cede cyberspace to China or Russia. Now, more than
ever, we need to use all the tools we have to help shape international
norms, ramp up coordination with our partners, and stiffen our
defenses.
Mr. Speaker, I urge my colleagues to support this bipartisan measure,
and I reserve the balance of my time.
Mr. ROYCE of California. Mr. Speaker, I yield 3 minutes to the
gentleman from Texas (Mr. McCaul), who is the chairman of the Homeland
Security Committee.
Mr. McCAUL. Mr. Speaker, I rise today in support of the Cyber
Diplomacy Act, and I want to thank Chairman Royce and Eliot Engel for
their strong work on this very important issue.
As chairman of the Homeland Security Committee, I have passed
numerous bills to strengthen our cyber operations to defend the
American people and the homeland. Now, I am pleased to see that we are
doing the same at the State Department.
As we have seen, rapid technological advancements have increased our
dependence on computer networks. With this growing dependence comes
exposure to the myriad vulnerabilities and threats from cybercriminals
and hackers but also nation states who continue to launch malicious
attacks against us.
Currently, as the chairman stated, there are no real international
norms or standards to follow when it comes to cybersecurity. As the
threat landscape continues to evolve, I believe that Congress must put
forth responsible policies to keep pace--protecting our systems, our
critical infrastructure, and American citizens' information and
privacy.
This legislation helps ensure the open, reliable, and secure use of
the internet by establishing the Office of Cyber Issues within the
Department of State, headed by an ambassador responsible for advancing
U.S. national security and foreign policy interests on cybersecurity
and issues of internet freedom around the globe.
This legislation also requires the Secretary of State to produce a
strategy on cyberspace to guide U.S. policy.
Lastly, it requires the State Department to add a section to its
annual report on human rights detailing governments'--such as Iran,
Russia, and China--silence of their opposition through internet
censorship.
Mr. Speaker, I stand proud to be with my colleagues in the House in a
bipartisan fashion to propose solutions to these very grave challenges
that face the United States and the world.
{time} 1430
Mr. SIRES. Mr. Speaker, I yield 4 minutes to the gentleman from Rhode
Island (Mr. Langevin), co-chair of the Congressional Cybersecurity
Caucus.
Mr. LANGEVIN. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I rise today in strong support of the Cyber Diplomacy
Act and efforts to increase international cooperation and promote
global stability in cyberspace.
As the cofounder and co-chair of the Congressional Cybersecurity
Caucus, I firmly believe that cybersecurity is the national and
economic security challenge of the 21st century, and we must integrate
cyberspace into our foreign
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policy if we are to successfully mitigate the many threats that we face
in this new domain.
Then-Secretary of State Hillary Clinton recognized this when she
created the Office of the Cyber Coordinator within the State Department
in 2011, and her successor, Secretary John Kerry, continued American
leadership in cyber diplomacy.
I had the privilege of working with the inaugural cyber coordinator,
Chris Painter, and we are deeply indebted for his 6 years of service in
that role. I cannot remember a meeting I had with a cybersecurity
expert from a foreign government where his name did not come up as
someone who is actively promoting American interest in a free, open,
and secure internet.
I am deeply grateful for the leadership of Chairman Royce and Ranking
Member Engel in recognizing the importance of this role and bringing
this bill forward to codify and expand it.
This effort is particularly timely as, since Mr. Painter left, there
has been some confusion about whether the position would even be filled
or if the office would be reorganized under the Bureau of Economic and
Business Affairs. It is my goal to see that that does not happen and
that this bill prevails. That position deeply needs to be in the State
Department, where we can show American leadership on a diplomatic front
in cyber.
As a Member who serves on two national security committees, I must
emphasize that cybersecurity is not just an economic issue, and this
bill appropriately recognizes the broad scope of cyber diplomacy.
Mr. Speaker, every armed conflict going forward in the world today
has--and all future conflicts will have--a cyber component. We have
seen our cyber adversaries like Russia use cyber tools as instruments
of statecraft, including efforts to undermine faith in the bedrock of
our democracy, our elections.
We must engage bilaterally and multilaterally with our international
partners and even our adversaries in order to protect our interests and
allow us to continue to reap the benefits of a connected society.
The lack of policies, norms, and precedents in this new sphere of
state interaction continues to increase the potential for a cyber
incident to lead to escalating conflict. It is up to the hardworking
and, sadly, underappreciated members of our foreign service to change
this paradigm and encourage generally stabilizing rules of the road in
cyberspace, and this bill will ensure they have the leadership
structure to do just that.
Mr. Speaker, let me again thank the chairman and ranking member for
their extraordinary work on this important bill.
Mr. ROYCE of California. Mr. Speaker, I continue to reserve the
balance of my time.
Mr. SIRES. Mr. Speaker, I yield myself such time as I may consume.
In closing, keeping the internet open, interoperable, and secure is
of critical importance to America's national security, economy, and
domestic values. We must use all the diplomatic tools to develop strong
international norms, bolster our cyber defenses, and promote internet
freedom. H.R. 3776 is a necessary step to ensure the United States
stays engaged on these critical issues.
Mr. Speaker, I urge my colleagues to support this bill, and I yield
back the balance of my time.
Mr. ROYCE of California. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, in closing, I would like to thank Mr. Sires. I
appreciate his efforts in supporting this legislation. I thank Mr.
Engel and Mr. McCaul, as well.
As the birthplace of the internet, it is the United States that has
been most impacted. We have a foreign policy and economic interests and
have been working internationally to ensure that the internet remains
open. Part of our idea is that this would be capable of carrying the
free flow of ideas. We thought it should remain reliable and secure.
But increasingly authoritarian regimes are very aggressively
promoting a different vision from the one that Americans brought to the
table, their vision of cyber sovereignty, which they sometimes call it.
What cyber sovereignty means for these governments is state control
over cyberspace. That does run counter to the values of a free people
and the values of individual and economic liberty.
Working with our allies and partners, I think the United States has
got to be prepared to advance our own vision of cyberspace when it is
under this kind of attack and censorship. The Cyber Diplomacy Act will
give us the tools to do just that.
Mr. Speaker, I thank my colleagues for their help with this
legislation, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Royce) that the House suspend the rules
and pass the bill, H.R. 3776, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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