DHS International Cyber Partner Act of 2023

II Calendar No. 671 118TH CONGRESS 2D SESSION S. 1862 [Report No. 118–268] To amend the Homeland Security Act of 2002 to provide explicit authority for the Secretary of Homeland Security and the Director of the Cyberse- curity and Infrastructure Security Agency to work with international partners on cybersecurity, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 7, 2023 Mr. PETERS (for himself and Mr. LANKFORD) introduced the following bill; which was read twice and referred to the Committee on Homeland Secu- rity and Governmental Affairs DECEMBER 9, 2024 Reported by Mr. PETERS, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To amend the Homeland Security Act of 2002 to provide explicit authority for the Secretary of Homeland Security and the Director of the Cybersecurity and Infrastructure Security Agency to work with international partners on cybersecurity, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:04 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1862.RS S1862 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 1862 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘DHS International 2 Cyber Partner Act of 2023’’. 3 SEC. 2. PURPOSE. 4 The purpose of this Act is to authorize the Secretary 5 of Homeland Security to assign personnel to foreign loca- 6 tions to support the missions of the Department of Home- 7 land Security. 8 SEC. 3. INTERNATIONAL ASSIGNMENT. 9 (a) IN GENERAL.—Title I of the Homeland Security 10 Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding 11 at the end the following: 12 ‘‘SEC. 104. INTERNATIONAL ASSIGNMENT. 13 ‘‘(a) INTERNATIONAL ASSIGNMENT.— 14 ‘‘(1) IN GENERAL.—The Secretary, with the 15 concurrence of the Secretary of State, may assign 16 personnel of the Department to a duty station that 17 is located outside the United States at which the 18 Secretary determines representation of the Depart- 19 ment is necessary to accomplish the cybersecurity 20 and infrastructure security missions of the Depart- 21 ment and to carry out duties and activities as as- 22 signed by the Secretary. 23 ‘‘(2) CONCURRENCE ON ACTIVITIES.—The ac- 24 tivities of personnel of the Department who are as- 25 signed under this subsection shall be— 26 VerDate Sep 11 2014 01:04 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1862.RS S1862 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 1862 RS ‘‘(A) performed with the concurrence of 1 the chief of mission to the foreign country to 2 which such personnel are assigned; and 3 ‘‘(B) consistent with the duties and powers 4 of the Secretary of State and the chief of mis- 5 sion for a foreign country under section 103 of 6 the Omnibus Diplomatic Security and 7 Antiterrorism Act of 1986 (22 U.S.C. 4802) 8 and section 207 of the Foreign Service Act of 9 1980 (22 U.S.C. 3927), respectively. 10 ‘‘(b) RULE OF CONSTRUCTION.—This section shall 11 not be construed to affect, augment, or diminish the au- 12 thority of the Secretary of State or any other officer of 13 the Federal Government.’’. 14 (b) CONFORMING AMENDMENT.—The table of con- 15 tents in section 1(b) of the Homeland Security Act of 16 2002 (Public Law 107–196; 116 Stat. 2135) is amended 17 by inserting after the item relating to section 103 the fol- 18 lowing: 19 ‘‘Sec. 104. International assignment.’’. SEC. 4. CISA ACTIVITIES. 20 (a) FOREIGN LOCATIONS.—Section 2202(g)(1) of the 21 Homeland Security Act of 2002 (6 U.S.C. 652(g)(1)) is 22 amended by inserting ‘‘, including locations outside the 23 United States’’ before the period at the end. 24 VerDate Sep 11 2014 01:04 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1862.RS S1862 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 1862 RS (b) CYBER PLANNING.—Section 2216 of the Home- 1 land Security Act of 2002 (6 U.S.C. 665b) is amended— 2 (1) in subsection (a), in the first sentence, by 3 inserting ‘‘, including international partners, as ap- 4 propriate’’ after ‘‘for public and private sector enti- 5 ties’’; and 6 (2) in subsection (c)(2)— 7 (A) in subparagraph (E), by striking 8 ‘‘and’’ at the end; 9 (B) in subparagraph (F), by striking the 10 period at the end and inserting ‘‘; and’’; and 11 (C) by adding at the end the following 12 ‘‘(G) for planning with international part- 13 ners, the Department of State.’’. 14 (c) CYBERSENTRY.—Section 2220C of the Homeland 15 Security Act of 2002 (6 U.S.C. 665i) is amended— 16 (1) by redesignating subsections (d), (e), (f), 17 and (g) as subsections (e), (f), (g), and (h), respec- 18 tively; and 19 (2) by inserting after subsection (c) the fol- 20 lowing: 21 ‘‘(d) INTERNATIONAL.— 22 ‘‘(1) IN GENERAL.—The Director may, subject 23 to approval by the Secretary and pursuant to section 24 104 and subsection (b) of this section, enter into 25 VerDate Sep 11 2014 01:04 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1862.RS S1862 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 1862 RS agreements or arrangements with foreign govern- 1 ments and foreign owners and operators of critical 2 infrastructure that, in the determination of the Di- 3 rector, in consultation with the Secretary and the 4 Secretary of State, would further the homeland secu- 5 rity interests of the United States and enhance the 6 ability of a foreign government or foreign owner or 7 operator of critical infrastructure to work coopera- 8 tively with the United States to advance the home- 9 land security interests of the United States. 10 ‘‘(2) REIMBURSEMENT OF EXPENSES.—The Di- 11 rector is authorized to collect payment from the re- 12 ceiving entity for the cost of services, technical as- 13 sistance, or expertise provided under this subsection 14 and any accompanying shipping costs. 15 ‘‘(3) RECEIPTS CREDITED AS OFFSETTING COL- 16 LECTIONS.—Notwithstanding section 3302 of title 17 31, United States Code, any amount collected under 18 this subsection— 19 ‘‘(A) shall be credited as offsetting collec- 20 tions to the account that finances the services, 21 technical assistance, or expertise for which the 22 payment is received; and 23 VerDate Sep 11 2014 01:04 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1862.RS S1862 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •S 1862 RS ‘‘(B) shall remain available until expended 1 for the purpose of providing for the security in- 2 terests of the homeland.’’. 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘DHS International 5 Cyber Partner Act of 2023’’. 6 SEC. 2. PURPOSE. 7 The purposes of this Act are to— 8 (1) authorize the Secretary of Homeland Secu- 9 rity to assign personnel to foreign locations to sup- 10 port the missions of the Department of Homeland Se- 11 curity; and 12 (2) provide assistance and expertise to foreign 13 governments, international organizations, and inter- 14 national entities on cybersecurity and infrastructure 15 security. 16 SEC. 3. INTERNATIONAL ASSIGNMENT AND ASSISTANCE. 17 (a) IN GENERAL.—Title I of the Homeland Security 18 Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding 19 at the end the following: 20 ‘‘SEC. 104. INTERNATIONAL ASSIGNMENT AND ASSISTANCE. 21 ‘‘(a) INTERNATIONAL ASSIGNMENT.— 22 ‘‘(1) IN GENERAL.—The Secretary, with the con- 23 currence of the Secretary of State, may assign per- 24 sonnel of the Department to a duty station that is lo- 25 VerDate Sep 11 2014 01:04 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S1862.RS S1862 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •S 1862 RS cated outside the United States at which the Secretary 1 determines representation of the Department is nec- 2 essary to accomplish the cybersecurity and infrastruc- 3 ture security missions of the Department and to carry 4 out duties and activities as assigned by the Secretary. 5 ‘‘(2) CONCURRENCE ON ACTIVITIES.—The activi- 6 ties of personnel of the Department who are assigned 7 under this subsection shall be— 8 ‘‘(A) performed with the concurrence of the 9 chief of mission to the foreign country to which 10 such personnel are assigned; and 11 ‘‘(B) consistent with the duties and powers 12 of the Secretary of State and the chief of mission 13 for a foreign country under section 103 of the 14 Omnibus Diplomatic Security and Antiterrorism 15 Act of 1986 (22 U.S.C. 4802) and section 207 of 16 the Foreign Service Act of 1980 (22 U.S.C. 17 3927), respectively. 18 ‘‘(b) INTERNATIONAL SUPPORT.— 19 ‘‘(1) IN GENERAL.—If the Secretary makes a de- 20 termination described in paragraph (2), the Sec- 21 retary, with the concurrence of the Secretary of State, 22 may provide equipment, services, technical assistance, 23 or expertise on cybersecurity, infrastructure security, 24 and resilience to a foreign government, an inter- 25 VerDate Sep 11 2014 01:04 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S1862.RS S1862 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •S 1862 RS national organization, or an international entity, 1 with or without reimbursement, including, as appro- 2 priate— 3 ‘‘(A) cybersecurity and infrastructure secu- 4 rity advice, training, capacity development, edu- 5 cation, best practices, incident response, threat 6 hunting, and other similar capabilities; 7 ‘‘(B) sharing and exchanging cybersecurity 8 and infrastructure security information, includ- 9 ing research and development, threat indicators, 10 risk assessments, strategies, and security rec- 11 ommendations; 12 ‘‘(C) cybersecurity and infrastructure secu- 13 rity test and evaluation support and services; 14 ‘‘(D) cybersecurity and infrastructure secu- 15 rity research and development support and serv- 16 ices; and 17 ‘‘(E) any other assistance that the Secretary 18 prescribes. 19 ‘‘(2) DETERMINATION.—A determination de- 20 scribed in this paragraph is a determination by the 21 Secretary that providing equipment, services, tech- 22 nical assistance, or expertise under paragraph (1) 23 would— 24 VerDate Sep 11 2014 01:04 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S1862.RS S1862 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •S 1862 RS ‘‘(A) further the homeland security interests 1 of the United States; and 2 ‘‘(B) enhance the ability of a foreign gov- 3 ernment, an international organization, or an 4 international entity to work cooperatively with 5 the United States to advance the homeland secu- 6 rity interests of the United States. 7 ‘‘(3) LIMITATIONS.—Any equipment provided 8 under paragraph (1)— 9 ‘‘(A) may not include offensive security ca- 10 pabilities; and 11 ‘‘(B) shall be limited to enabling defensive 12 cybersecurity and infrastructure security activi- 13 ties by the receiving entity, such as cybersecurity 14 tools or explosive detection and mitigation equip- 15 ment. 16 ‘‘(4) REIMBURSEMENT OF EXPENSES.—If the 17 Secretary determines that collection of payment is ap- 18 propriate, the Secretary is authorized to collect pay- 19 ment from the receiving entity for the cost of equip- 20 ment, services, technical assistance, and expertise pro- 21 vided under paragraph (1) and any accompanying 22 shipping costs. 23 ‘‘(5) RECEIPTS CREDITED AS OFFSETTING COL- 24 LECTIONS.—Notwithstanding section 3302 of title 31, 25 VerDate Sep 11 2014 01:04 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S1862.RS S1862 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 •S 1862 RS United States Code, any amount collected under 1 paragraph (4)— 2 ‘‘(A) shall be credited as offsetting collec- 3 tions to the account that finances the equipment, 4 services, technical assistance, or expertise for 5 which the payment is received; and 6 ‘‘(B) shall remain available until expended 7 for the purpose of providing for the security in- 8 terests of the homeland. 9 ‘‘(c) RULE OF CONSTRUCTION.—This section shall not 10 be construed to affect, augment, or diminish the authority 11 of the Secretary of State. 12 ‘‘(d) CONGRESSIONAL REPORTING AND NOTIFICA- 13 TION.— 14 ‘‘(1) REPORT ON ASSISTANCE.—Not later than 1 15 year after the date of enactment of the DHS Inter- 16 national Cyber Partner Act of 2023, and every year 17 thereafter, the Secretary shall provide to the Com- 18 mittee on Homeland Security and Governmental Af- 19 fairs of the Senate and the Committee on Homeland 20 Security of the House of Representatives a report that 21 includes, for each instance in which assistance is pro- 22 vided under subsection (b)— 23 VerDate Sep 11 2014 01:04 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S1862.RS S1862 kjohnson on DSK7ZCZBW3PROD with $$_JOB 11 •S 1862 RS ‘‘(A) the foreign government, international 1 organization, or international entity provided 2 the assistance; 3 ‘‘(B) the reason for providing the assistance; 4 ‘‘(C) the equipment, services, technical as- 5 sistance, or expertise provided; and 6 ‘‘(D) whether the equipment, services, tech- 7 nical assistance, or expertise was provided on a 8 reimbursable or nonreimbursable basis, and the 9 rational for why the assistance was provided 10 with or without reimbursement. 11 ‘‘(2) COPIES OF AGREEMENTS.—Not later than 12 30 days after the effective date, under the authority 13 under subsection (b), of a contract, memorandum, or 14 agreement with a foreign government, international 15 organization, or international entity to provide as- 16 sistance, the Secretary shall provide to the Committee 17 on Homeland Security and Governmental Affairs of 18 the Senate and the Committee on Homeland Security 19 of the House of Representatives a copy of the contract, 20 memorandum, or agreement. 21 ‘‘(3) NOTICE ON ASSIGNMENTS.—Not later than 22 30 days after assigning personnel to a duty station 23 located outside the United States in accordance with 24 subsection (a)(1), the Secretary shall notify the Com- 25 VerDate Sep 11 2014 01:04 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S1862.RS S1862 kjohnson on DSK7ZCZBW3PROD with $$_JOB 12 •S 1862 RS mittee on Homeland Security and Governmental Af- 1 fairs of the Senate and the Committee on Homeland 2 Security of the House of Representatives regarding 3 the assignment.’’. 4 (b) CONFORMING AMENDMENT.—The table of contents 5 in section 1(b) of the Homeland Security Act of 2002 (Pub- 6 lic Law 107–196; 116 Stat. 2135) is amended by inserting 7 after the item relating to section 103 the following: 8 ‘‘Sec. 104. International assignment and assistance.’’. SEC. 4. CISA ACTIVITIES. 9 (a) DIRECTOR.—Section 2202(c) of the Homeland Se- 10 curity Act of 2002 (6 U.S.C. 652(c)) is amended— 11 (1) in paragraph (13), by striking ‘‘and’ [Text truncated for display. Full text available on Congress.gov.]