Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB2715 Compare Versions

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11 II
22 118THCONGRESS
33 1
44 STSESSION S. 2715
55 To authorize the Secretary of Defense to conduct detection, monitoring,
66 and other operations in cyberspace to counter Mexican transnational
77 criminal organizations that are engaged in certain activities that cross
88 the southern border of the United States, and for other purposes.
99 IN THE SENATE OF THE UNITED STATES
1010 JULY27, 2023
1111 Mr. R
1212 OUNDS(for himself and Mr. MANCHIN) introduced the following bill;
1313 which was read twice and referred to the Committee on Armed Services
1414 A BILL
1515 To authorize the Secretary of Defense to conduct detection,
1616 monitoring, and other operations in cyberspace to
1717 counter Mexican transnational criminal organizations
1818 that are engaged in certain activities that cross the
1919 southern border of the United States, and for other
2020 purposes.
2121 Be it enacted by the Senate and House of Representa-1
2222 tives of the United States of America in Congress assembled, 2
2323 SECTION 1. SHORT TITLE. 3
2424 This Act may be cited as the ‘‘Countering Mexican 4
2525 Transnational Criminal Organizations in Cyberspace Act 5
2626 of 2023’’. 6
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3030 SEC. 2. AUTHORITY FOR COUNTERING ILLEGAL TRAF-1
3131 FICKING BY MEXICAN TRANSNATIONAL 2
3232 CRIMINAL ORGANIZATIONS IN CYBERSPACE. 3
3333 (a) A
3434 UTHORITY.— 4
3535 (1) I
3636 N GENERAL.—In accordance with sections 5
3737 124 and 394 of title 10, United States Code, the 6
3838 Secretary of Defense may, in coordination with other 7
3939 relevant Federal departments and agencies and in 8
4040 consultation with the Government of Mexico as ap-9
4141 propriate, conduct detection, monitoring, and other 10
4242 operations in cyberspace to counter Mexican 11
4343 transnational criminal organizations that are en-12
4444 gaged in any of the following activities that cross the 13
4545 southern border of the United States: 14
4646 (A) Smuggling of illegal drugs, controlled 15
4747 substances, or precursors thereof. 16
4848 (B) Human trafficking. 17
4949 (C) Weapons trafficking. 18
5050 (D) Other illegal activities. 19
5151 (2) C
5252 ERTAIN ENTITIES.—The authority pro-20
5353 vided by paragraph (1) may be used to counter 21
5454 Mexican transnational criminal organizations, in-22
5555 cluding entities cited in the most recent National 23
5656 Drug Threat Assessment published by the United 24
5757 States Drug Enforcement Administration, that are 25
5858 engaged in the activities described in (1). 26
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6262 (b) CYBERSTRATEGY FOR COUNTERINGILLEGAL 1
6363 T
6464 RAFFICKING BYTRANSNATIONALCRIMINALORGANIZA-2
6565 TIONSAFFECTING THE SECURITY OFUNITEDSTATES 3
6666 S
6767 OUTHERNBORDER.— 4
6868 (1) S
6969 TRATEGY REQUIRED .—Not later than 60 5
7070 days after the date of the enactment of this Act, the 6
7171 Secretary shall, in consultation with the National 7
7272 Cyber Director and the heads of such other Federal 8
7373 departments and agencies as the Secretary considers 9
7474 appropriate, submit to the appropriate congressional 10
7575 committees a strategy for conducting operations in 11
7676 cyberspace under subsection (a). 12
7777 (2) E
7878 LEMENTS.—The strategy submitted pur-13
7979 suant to paragraph (1) shall include the following: 14
8080 (A) A description of the cyberspace pres-15
8181 ence and activities, including any information 16
8282 operations, of the entities described under sub-17
8383 section (a)(2) pose to the national security of 18
8484 the United States. 19
8585 (B) A description of any previous actions 20
8686 taken by the Department of Defense to conduct 21
8787 operations in cyberspace to counter illegal ac-22
8888 tivities by transnational criminal organizations, 23
8989 and a description of those actions. 24
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9393 (C) An assessment of the financial, techno-1
9494 logical, and personnel resources that the Sec-2
9595 retary can deploy to exercise the authority pro-3
9696 vided in subsection (a) to counter illegal traf-4
9797 ficking by transnational criminal organizations. 5
9898 (D) Recommendations, if any, for addi-6
9999 tional authorities as may be required to en-7
100100 hance the exercise of the authority provided in 8
101101 subsection (a). 9
102102 (E) A description of the extent to which 10
103103 the Secretary has worked, or intends to work, 11
104104 with the Government of Mexico, interagency 12
105105 partners, and the private sector to enable oper-13
106106 ations in cyberspace against illegal trafficking 14
107107 by transnational criminal organizations. 15
108108 (F) A description of the security coopera-16
109109 tion programs in effect on the day before the 17
110110 date of the enactment of this Act that would 18
111111 enable the Secretary to cooperate with Mexican 19
112112 defense partners against illegal trafficking by 20
113113 transnational criminal organizations in cyber-21
114114 space. 22
115115 (G) An assessment of the potential risks 23
116116 associated with cooperating with Mexican coun-24
117117 terparts against transnational criminal organi-25
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121121 zations in cyberspace and ways that those risks 1
122122 can be mitigated, including in cooperation with 2
123123 Mexican partners. 3
124124 (H) A description of any cooperation 4
125125 agreements or initiatives in effect on the day 5
126126 before the date of the enactment of this Act 6
127127 with interagency partners and the government 7
128128 of Mexico to counter transnational criminal or-8
129129 ganizations in cyberspace. 9
130130 (c) Q
131131 UARTERLYMONITORINGBRIEFING.—The Sec-10
132132 retary shall, on a quarterly basis in conjunction with the 11
133133 briefings required by section 484 of title 10, United States 12
134134 Code, provide to the appropriate congressional committees 13
135135 a briefing setting forth, for the preceding calendar quar-14
136136 ter, the following: 15
137137 (1) Each country in which an operation was 16
138138 conducted under subsection (a). 17
139139 (2) The purpose and nature of each operation 18
140140 set forth pursuant to paragraph (1). 19
141141 (3) The start date and end date or expected du-20
142142 ration of each operation set forth pursuant to para-21
143143 graph (1). 22
144144 (4) The elements of the Department of Defense 23
145145 down to O–6 command level who conducted or are 24
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149149 conducting the operations set forth pursuant to 1
150150 paragraph (1). 2
151151 (d) R
152152 ULE OFCONSTRUCTION.—Nothing in this sec-3
153153 tion shall be construed to supersede any standing prohibi-4
154154 tions on collection of information on United States per-5
155155 sons. 6
156156 Æ
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