S1862-118

1. Short title This Act may be cited as the DHS International Cyber Partner Act of 2023.

2. Purpose 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. International assignment 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: 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. The activities of personnel of the Department who are assigned under this subsection shall be— performed with the concurrence of the chief of mission to the foreign country to which such personnel are assigned; and 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. 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. 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: 104.International assignment(a)International assignment(1)In generalThe 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)Rule of constructionThis 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.. Sec. 104. International assignment..

104. International assignment 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. The activities of personnel of the Department who are assigned under this subsection shall be— performed with the concurrence of the chief of mission to the foreign country to which such personnel are assigned; and 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. 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.

4. CISA Activities 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. Section 2216 of the Homeland Security Act of 2002 (6 U.S.C. 665b) is amended— in subsection (a), in the first sentence, by inserting , including international partners, as appropriate after for public and private sector entities; and in subsection (c)(2)— in subparagraph (E), by striking and at the end; in subparagraph (F), by striking the period at the end and inserting ; and; and by adding at the end the following for planning with international partners, the Department of State. Section 2220C of the Homeland Security Act of 2002 (6 U.S.C. 665i) is amended— by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h), respectively; and by inserting after subsection (c) the following: 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. The 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. Notwithstanding section 3302 of title 31, United States Code, any amount collected under this subsection— shall be credited as offsetting collections to the account that finances the services, technical assistance, or expertise for which the payment is received; and shall remain available until expended for the purpose of providing for the security interests of the homeland. (G)for planning with international partners, the Department of State.. (d)International(1)In generalThe 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..