[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9762 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9762
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 23, 2024
Mr. Menendez introduced the following bill; which was referred to the
Committee on Homeland Security, and in addition to the Committee on
Foreign Affairs, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DHS International Cyber Partner Act
of 2024''.
SEC. 2. INTERNATIONAL ASSIGNMENT AND ASSISTANCE.
(a) In General.--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:
``SEC. 104. INTERNATIONAL ASSIGNMENT AND ASSISTANCE.
``(a) International Assignment.--
``(1) In general.--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 activities.--The 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) International Support.--
``(1) In general.--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, or resilience to a foreign government,
an international organization, or an international entity, with
or without reimbursement, including, as appropriate, the
following:
``(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.
``(E) Any other assistance that the Secretary
prescribes.
``(2) Determination.--A determination described in this
paragraph is a determination by the Secretary that providing
equipment, services, technical assistance, or expertise under
paragraph (1) would satisfy the following:
``(A) Further the homeland security interests of
the United States.
``(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) Limitations.--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 expenses.--If 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, or expertise provided under paragraph (1) and any
accompanying shipping costs.
``(5) Receipts credited as offsetting collections.--
Notwithstanding section 3302 of title 31, United States Code,
any amount collected under paragraph (4) shall--
``(A) 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) remain available until expended for the
purpose of providing for the security interests of the
homeland.
``(c) Rule of Construction.--Nothing in this section may be
construed to affect, augment, or diminish the authority of the
Secretary of State.
``(d) Congressional Reporting and Notification.--
``(1) Report on assistance.--Not later than one year after
the date of the enactment of this section and annually
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 equipment, services, technical assistance, or expertise
is provided under subsection (b), the following:
``(A) An identification of the foreign government,
international organization, or international entity
provided the assistance.
``(B) The reason for providing the assistance.
``(C) A description of the equipment, services,
technical assistance, or expertise provided.
``(D) A determination regarding 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) Copies of agreements.--Not later than 30 days after
the effective date of a contract, memorandum, or agreement with
a foreign government, international organization, or
international entity to provide assistance pursuant to
subsection (b), 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) Notice on assignments.--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) Conforming Amendment.--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 new item:
``Sec. 104. International assignment and assistance.''.
(c) CISA Activities.--
(1) Director.--Section 2202(c) of the Homeland Security Act
of 2002 (6 U.S.C. 652(c)) is amended--
(A) in paragraph (13), by striking ``and'' at the
end;
(B) by redesignating paragraph (14) as paragraph
(15); and
(C) 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, if the Director determines
that such assignment will not negatively impact the
Department's ability to perform its cybersecurity and
infrastructure security missions domestically; and''.
(2) Foreign locations.--Section 2202(g)(1) of the Homeland
Security Act of 2002 (6 U.S.C. 652(g)(1)) is amended by
inserting ``, as well as at appropriate locations outside the
United States'' before the period at the end.
(d) No Additional Funds.--No additional funds are authorized to be
appropriated for the purpose of carrying out this Act.
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