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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9762 Introduced in House (IH)]

<DOC>

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.
                                 <all>
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