[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2715 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2715

To authorize the Secretary of Defense to conduct detection, monitoring, 
  and other operations in cyberspace to counter Mexican transnational 
  criminal organizations that are engaged in certain activities that 
cross the southern border of the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2023

Mr. Rounds (for himself and Mr. Manchin) introduced the following bill; 
  which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of Defense to conduct detection, monitoring, 
  and other operations in cyberspace to counter Mexican transnational 
  criminal organizations that are engaged in certain activities that 
cross the southern border of the United States, 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 ``Countering Mexican Transnational 
Criminal Organizations in Cyberspace Act of 2023''.

SEC. 2. AUTHORITY FOR COUNTERING ILLEGAL TRAFFICKING BY MEXICAN 
              TRANSNATIONAL CRIMINAL ORGANIZATIONS IN CYBERSPACE.

    (a) Authority.--
            (1) In general.--In accordance with sections 124 and 394 of 
        title 10, United States Code, the Secretary of Defense may, in 
        coordination with other relevant Federal departments and 
        agencies and in consultation with the Government of Mexico as 
        appropriate, conduct detection, monitoring, and other 
        operations in cyberspace to counter Mexican transnational 
        criminal organizations that are engaged in any of the following 
        activities that cross the southern border of the United States:
                    (A) Smuggling of illegal drugs, controlled 
                substances, or precursors thereof.
                    (B) Human trafficking.
                    (C) Weapons trafficking.
                    (D) Other illegal activities.
            (2) Certain entities.--The authority provided by paragraph 
        (1) may be used to counter Mexican transnational criminal 
        organizations, including entities cited in the most recent 
        National Drug Threat Assessment published by the United States 
        Drug Enforcement Administration, that are engaged in the 
        activities described in (1).
    (b) Cyber Strategy for Countering Illegal Trafficking by 
Transnational Criminal Organizations Affecting the Security of United 
States Southern Border.--
            (1) Strategy required.--Not later than 60 days after the 
        date of the enactment of this Act, the Secretary shall, in 
        consultation with the National Cyber Director and the heads of 
        such other Federal departments and agencies as the Secretary 
        considers appropriate, submit to the appropriate congressional 
        committees a strategy for conducting operations in cyberspace 
        under subsection (a).
            (2) Elements.--The strategy submitted pursuant to paragraph 
        (1) shall include the following:
                    (A) A description of the cyberspace presence and 
                activities, including any information operations, of 
                the entities described under subsection (a)(2) pose to 
                the national security of the United States.
                    (B) A description of any previous actions taken by 
                the Department of Defense to conduct operations in 
                cyberspace to counter illegal activities by 
                transnational criminal organizations, and a description 
                of those actions.
                    (C) An assessment of the financial, technological, 
                and personnel resources that the Secretary can deploy 
                to exercise the authority provided in subsection (a) to 
                counter illegal trafficking by transnational criminal 
                organizations.
                    (D) Recommendations, if any, for additional 
                authorities as may be required to enhance the exercise 
                of the authority provided in subsection (a).
                    (E) A description of the extent to which the 
                Secretary has worked, or intends to work, with the 
                Government of Mexico, interagency partners, and the 
                private sector to enable operations in cyberspace 
                against illegal trafficking by transnational criminal 
                organizations.
                    (F) A description of the security cooperation 
                programs in effect on the day before the date of the 
                enactment of this Act that would enable the Secretary 
                to cooperate with Mexican defense partners against 
                illegal trafficking by transnational criminal 
                organizations in cyberspace.
                    (G) An assessment of the potential risks associated 
                with cooperating with Mexican counterparts against 
                transnational criminal organizations in cyberspace and 
                ways that those risks can be mitigated, including in 
                cooperation with Mexican partners.
                    (H) A description of any cooperation agreements or 
                initiatives in effect on the day before the date of the 
                enactment of this Act with interagency partners and the 
                government of Mexico to counter transnational criminal 
                organizations in cyberspace.
    (c) Quarterly Monitoring Briefing.--The Secretary shall, on a 
quarterly basis in conjunction with the briefings required by section 
484 of title 10, United States Code, provide to the appropriate 
congressional committees a briefing setting forth, for the preceding 
calendar quarter, the following:
            (1) Each country in which an operation was conducted under 
        subsection (a).
            (2) The purpose and nature of each operation set forth 
        pursuant to paragraph (1).
            (3) The start date and end date or expected duration of 
        each operation set forth pursuant to paragraph (1).
            (4) The elements of the Department of Defense down to O-6 
        command level who conducted or are conducting the operations 
        set forth pursuant to paragraph (1).
    (d) Rule of Construction.--Nothing in this section shall be 
construed to supersede any standing prohibitions on collection of 
information on United States persons.
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