[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Page S5595]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6058. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:
       At the appropriate place in title XVI, insert the 
     following:

     SEC. ___. SHARING CYBER CAPABILITIES AND RELATED INFORMATION 
                   WITH FOREIGN OPERATIONAL PARTNERS.

       (a) Authorization.--Chapter 19 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 398. Sharing cyber capabilities and related 
       information with foreign operational partners

       ``(a) Authority to Share Cyber Capabilities.--The Secretary 
     of Defense may, in consultation with the Secretary of State, 
     provide cyber capabilities and related information developed 
     or procured by the Department of Defense to foreign countries 
     or organizations described in subsection (b) without 
     compensation, if the Secretary determines that the provision 
     of such cyber capabilities is primarily for the benefit of 
     the United States.
       ``(b) Foreign Countries and Organizations Described.--The 
     foreign countries or organizations described in this 
     subsection are the following:
       ``(1) The defense or security ministry of a member country 
     of the North Atlantic Treaty Organization, the Government of 
     Australia, the Government of Japan, the Government of the 
     Republic of Korea, the Government of Israel, or the 
     Government of New Zealand.
       ``(2) A subsidiary of the North Atlantic Treaty 
     Organization.
       ``(3) The defense or security ministry of a country other 
     than a country described in paragraph (1), if the Secretary 
     determines that sharing capabilities under subsection (a) 
     with such defense or security ministry is in the national 
     security interest of the United States.
       ``(c) Procedures.--(1) Prior to the first use of the 
     authority provided by subsection (a), the Secretary of 
     Defense shall establish and submit to the appropriate 
     committees of Congress procedures for a coordination process 
     for subseciton (a) that is consistent with the operational 
     timelines required to support the national security of the 
     United States.
       ``(2) The Secretary shall promptly notify the appropriate 
     committees of Congress in writing of any changes to the 
     procedures established under paragraph (1) at least 14 days 
     prior to the adoption of any such changes.
       ``(d) Notification Required.--(1) The Secretary of Defense 
     shall promptly submit to the appropriate committees of 
     Congress notice in writing of any use of the authority 
     provided by subsection (a) no later than 48 hours following 
     the use of the authority.
       ``(2) Notification under paragraph (1) shall include a 
     certification that the provision of the cyber capabilities 
     was primarily for the benefit of the United States.
       ``(e) Definitions.--In this section:
       ``(1) The term `appropriate committees of Congress' means--
       ``(A) the congressional defense committees;
       ``(B) the Committee on Foreign Relations of the Senate; and
       ``(C) Committee on Foreign Affairs of the House of 
     Representatives.
       ``(2) The term `cyber capability' means a device or 
     computer program, including any combination of software, 
     firmware, or hardware, designed to create an effect in or 
     through cyberspace.''.
       (b) Table of Sections Amendment.--The table of sections at 
     the beginning of such chapter is amended by adding at the end 
     the following new item:

``398. Sharing cyber capabilities and related information with foreign 
              operational partners.''.
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