118 S1862 RS: DHS International Cyber Partner Act of 2023
U.S. Senate
2024-12-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the DHS International Cyber Partner Act of 2023
. 2.The purpose of this Act is to authorize the Secretary of Homeland Security to assign personnel to foreign locations to support the missions of the Department of Homeland Security.
3.
(a)Title I of the Homeland Security Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding at the end the following: 104. (a) (1)The Secretary, with the concurrence of the Secretary of State, may assign personnel of the Department to a duty station that is located outside the United States at which the Secretary determines representation of the Department is necessary to accomplish the cybersecurity and infrastructure security missions of the Department and to carry out duties and activities as assigned by the Secretary.
(2)Concurrence on activitiesThe activities of personnel of the Department who are assigned under this subsection shall be— (A)performed with the concurrence of the chief of mission to the foreign country to which such personnel are assigned; and
(B)consistent with the duties and powers of the Secretary of State and the chief of mission for a foreign country under section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4802) and section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), respectively. (b)This section shall not be construed to affect, augment, or diminish the authority of the Secretary of State or any other officer of the Federal Government..
(b)The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–196; 116 Stat. 2135) is amended by inserting after the item relating to section 103 the following: Sec. 104. International assignment.. 4. (a)Section 2202(g)(1) of the Homeland Security Act of 2002 (6 U.S.C. 652(g)(1)) is amended by inserting , including locations outside the United States
before the period at the end.
(b)Section 2216 of the Homeland Security Act of 2002 (6 U.S.C. 665b) is amended— (1)in subsection (a), in the first sentence, by inserting , including international partners, as appropriate
after for public and private sector entities
; and
(2)in subsection (c)(2)— (A)in subparagraph (E), by striking and
at the end;
(B)in subparagraph (F), by striking the period at the end and inserting ; and
; and (C)by adding at the end the following
(G)for planning with international partners, the Department of State.. (c)Section 2220C of the Homeland Security Act of 2002 (6 U.S.C. 665i) is amended—
(1)by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h), respectively; and (2)by inserting after subsection (c) the following:
(d)
(1)The Director may, subject to approval by the Secretary and pursuant to section 104 and subsection (b) of this section, enter into agreements or arrangements with foreign governments and foreign owners and operators of critical infrastructure that, in the determination of the Director, in consultation with the Secretary and the Secretary of State, would further the homeland security interests of the United States and enhance the ability of a foreign government or foreign owner or operator of critical infrastructure to work cooperatively with the United States to advance the homeland security interests of the United States. (2)Reimbursement of expensesThe Director is authorized to collect payment from the receiving entity for the cost of services, technical assistance, or expertise provided under this subsection and any accompanying shipping costs.
(3)Receipts credited as offsetting collectionsNotwithstanding section 3302 of title 31, United States Code, any amount collected under this subsection— (A)shall be credited as offsetting collections to the account that finances the services, technical assistance, or expertise for which the payment is received; and
(B)shall remain available until expended for the purpose of providing for the security interests of the homeland.. 1.This Act may be cited as the DHS International Cyber Partner Act of 2023
.
2.The purposes of this Act are to— (1)authorize the Secretary of Homeland Security to assign personnel to foreign locations to support the missions of the Department of Homeland Security; and
(2)provide assistance and expertise to foreign governments, international organizations, and international entities on cybersecurity and infrastructure security. 3.International assignment and assistance (a)Title I of the Homeland Security Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding at the end the following:
104.International assignment and assistance
(a)
(1)The Secretary, with the concurrence of the Secretary of State, may assign personnel of the Department to a duty station that is located outside the United States at which the Secretary determines representation of the Department is necessary to accomplish the cybersecurity and infrastructure security missions of the Department and to carry out duties and activities as assigned by the Secretary. (2)Concurrence on activitiesThe activities of personnel of the Department who are assigned under this subsection shall be—
(A)performed with the concurrence of the chief of mission to the foreign country to which such personnel are assigned; and (B)consistent with the duties and powers of the Secretary of State and the chief of mission for a foreign country under section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4802) and section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), respectively.
(b)
(1)If the Secretary makes a determination described in paragraph (2), the Secretary, with the concurrence of the Secretary of State, may provide equipment, services, technical assistance, or expertise on cybersecurity, infrastructure security, and resilience to a foreign government, an international organization, or an international entity, with or without reimbursement, including, as appropriate— (A)cybersecurity and infrastructure security advice, training, capacity development, education, best practices, incident response, threat hunting, and other similar capabilities;
(B)sharing and exchanging cybersecurity and infrastructure security information, including research and development, threat indicators, risk assessments, strategies, and security recommendations; (C)cybersecurity and infrastructure security test and evaluation support and services;
(D)cybersecurity and infrastructure security research and development support and services; and (E)any other assistance that the Secretary prescribes.
(2)A determination described in this paragraph is a determination by the Secretary that providing equipment, services, technical assistance, or expertise under paragraph (1) would— (A)further the homeland security interests of the United States; and
(B)enhance the ability of a foreign government, an international organization, or an international entity to work cooperatively with the United States to advance the homeland security interests of the United States. (3)Any equipment provided under paragraph (1)—
(A)may not include offensive security capabilities; and (B)shall be limited to enabling defensive cybersecurity and infrastructure security activities by the receiving entity, such as cybersecurity tools or explosive detection and mitigation equipment.
(4)Reimbursement of expensesIf the Secretary determines that collection of payment is appropriate, the Secretary is authorized to collect payment from the receiving entity for the cost of equipment, services, technical assistance, and expertise provided under paragraph (1) and any accompanying shipping costs. (5)Receipts credited as offsetting collectionsNotwithstanding section 3302 of title 31, United States Code, any amount collected under paragraph (4)—
(A)shall be credited as offsetting collections to the account that finances the equipment, services, technical assistance, or expertise for which the payment is received; and (B)shall remain available until expended for the purpose of providing for the security interests of the homeland.
(c)This section shall not be construed to affect, augment, or diminish the authority of the Secretary of State. (d)Congressional reporting and notification (1)Not later than 1 year after the date of enactment of the DHS International Cyber Partner Act of 2023, and every year thereafter, the Secretary shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that includes, for each instance in which assistance is provided under subsection (b)—
(A)the foreign government, international organization, or international entity provided the assistance; (B)the reason for providing the assistance;
(C)the equipment, services, technical assistance, or expertise provided; and (D)whether the equipment, services, technical assistance, or expertise was provided on a reimbursable or nonreimbursable basis, and the rational for why the assistance was provided with or without reimbursement.
(2)Not later than 30 days after the effective date, under the authority under subsection (b), of a contract, memorandum, or agreement with a foreign government, international organization, or international entity to provide assistance, the Secretary shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a copy of the contract, memorandum, or agreement. (3)Not later than 30 days after assigning personnel to a duty station located outside the United States in accordance with subsection (a)(1), the Secretary shall notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the assignment..
(b)The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–196; 116 Stat. 2135) is amended by inserting after the item relating to section 103 the following: Sec. 104. International assignment and assistance.. 4. (a)Section 2202(c) of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended—
(1)in paragraph (13), by striking and
at the end; (2)by redesignating paragraph (14) as paragraph (15); and
(3)by inserting after paragraph (13) the following: (14)provide support for the cybersecurity and physical security of critical infrastructure of international partners and allies in furtherance of the homeland security interests of the United States, which may include, consistent with section 104, assigning personnel to a duty station that is located outside the United States and providing equipment, services, technical assistance, or expertise; and.
(b)Section 2202(g)(1) of the Homeland Security Act of 2002 (6 U.S.C. 652(g)(1)) is amended by inserting , including locations outside the United States
before the period at the end. (c)Section 2216 of the Homeland Security Act of 2002 (6 U.S.C. 665b) is amended—
(1)in subsection (a), in the first sentence, by inserting , including international partners, as appropriate
after for public and private sector entities
; and (2)in subsection (c)(2)—
(A)in subparagraph (E), by striking and
at the end; (B)in subparagraph (F), by striking the period at the end and inserting ; and
; and
(C)by adding at the end the following (G)for planning with international partners, the Department of State..
5.Under the authority provided under this Act, or an amendment made by this Act, the Secretary of Homeland Security may not— (1)engage in any activity that would censor a citizen of the United States;
(2)conduct surveillance of a citizen of the United States; or (3)interfere with an election in the United States.
December 9, 2024
Reported with an amendment