S.Amdt. 6058

1. Adds SEC. ___. SHARING CYBER CAPABILITIES AND RELATED INFORMATION WITH FOREIGN OPERATIONAL PARTNERS at the appropriate place in title XVI

   Adds a section

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

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

   Inserted: "Sec. 398. Sharing cyber capabilities and related information with foreign operational partners

   Inserted: "(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.

   Inserted: "(b) Foreign Countries and Organizations Described.--The foreign countries or organizations described in this subsection are the following:

   Inserted: "(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.

   Inserted: "(2) A subsidiary of the North Atlantic Treaty Organization.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

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   Inserted: "(e) Definitions.--In this section:

   Inserted: "(1) The term 'appropriate committees of Congress' means--

   Inserted: "(A) the congressional defense committees;

   Inserted: "(B) the Committee on Foreign Relations of the Senate; and

   Inserted: "(C) Committee on Foreign Affairs of the House of Representatives.

   Inserted: "(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.".

   Inserted: (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:

   Inserted: "398. Sharing cyber capabilities and related information with foreign operational partners.".

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place in title XVI, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed