II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Countering Mexican 

5 Transnational Criminal Organizations in Cyberspace Act 

6 of 2023’’. 


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1 SEC. 2. AUTHORITY FOR COUNTERING ILLEGAL TRAF2 FICKING BY MEXICAN TRANSNATIONAL 

3 CRIMINAL ORGANIZATIONS IN CYBERSPACE. 

4 (a) AUTHORITY.— 

5 (1) IN GENERAL.—In accordance with sections 

6 124 and 394 of title 10, United States Code, the 

7 Secretary of Defense may, in coordination with other 

8 relevant Federal departments and agencies and in 

9 consultation with the Government of Mexico as ap10 propriate, conduct detection, monitoring, and other 

11 operations in cyberspace to counter Mexican 

12 transnational criminal organizations that are en13 gaged in any of the following activities that cross the 

14 southern border of the United States: 

15 (A) Smuggling of illegal drugs, controlled 

16 substances, or precursors thereof. 

17 (B) Human trafficking. 

18 (C) Weapons trafficking. 

19 (D) Other illegal activities. 

20 (2) CERTAIN ENTITIES.—The authority pro21 vided by paragraph (1) may be used to counter 

22 Mexican transnational criminal organizations, in23 cluding entities cited in the most recent National 

24 Drug Threat Assessment published by the United 

25 States Drug Enforcement Administration, that are 

26 engaged in the activities described in (1). 


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1 (b) CYBER STRATEGY FOR COUNTERING ILLEGAL

2 TRAFFICKING BY TRANSNATIONAL CRIMINAL ORGANIZA3 TIONS AFFECTING THE SECURITY OF UNITED STATES

4 SOUTHERN BORDER.— 

5 (1) STRATEGY REQUIRED.—Not later than 60 

6 days after the date of the enactment of this Act, the 

7 Secretary shall, in consultation with the National 

8 Cyber Director and the heads of such other Federal 

9 departments and agencies as the Secretary considers 

10 appropriate, submit to the appropriate congressional 

11 committees a strategy for conducting operations in 

12 cyberspace under subsection (a). 

13 (2) ELEMENTS.—The strategy submitted pur14 suant to paragraph (1) shall include the following: 

15 (A) A description of the cyberspace pres16 ence and activities, including any information 

17 operations, of the entities described under sub18 section (a)(2) pose to the national security of 

19 the United States. 

20 (B) A description of any previous actions 

21 taken by the Department of Defense to conduct 

22 operations in cyberspace to counter illegal ac23 tivities by transnational criminal organizations, 

24 and a description of those actions. 


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1 (C) An assessment of the financial, techno2 logical, and personnel resources that the Sec3 retary can deploy to exercise the authority pro4 vided in subsection (a) to counter illegal traf5 ficking by transnational criminal organizations. 

6 (D) Recommendations, if any, for addi7 tional authorities as may be required to en8 hance the exercise of the authority provided in 

9 subsection (a). 

10 (E) A description of the extent to which 

11 the Secretary has worked, or intends to work, 

12 with the Government of Mexico, interagency 

13 partners, and the private sector to enable oper14 ations in cyberspace against illegal trafficking 

15 by transnational criminal organizations. 

16 (F) A description of the security coopera17 tion programs in effect on the day before the 

18 date of the enactment of this Act that would 

19 enable the Secretary to cooperate with Mexican 

20 defense partners against illegal trafficking by 

21 transnational criminal organizations in cyber22 space. 

23 (G) An assessment of the potential risks 

24 associated with cooperating with Mexican coun25 terparts against transnational criminal organiVerDate Sep 11 2014 00:58 Aug 18, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2715.IS S2715

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1 zations in cyberspace and ways that those risks 

2 can be mitigated, including in cooperation with 

3 Mexican partners. 

4 (H) A description of any cooperation 

5 agreements or initiatives in effect on the day 

6 before the date of the enactment of this Act 

7 with interagency partners and the government 

8 of Mexico to counter transnational criminal or9 ganizations in cyberspace. 

10 (c) QUARTERLY MONITORING BRIEFING.—The Sec11 retary shall, on a quarterly basis in conjunction with the 

12 briefings required by section 484 of title 10, United States 

13 Code, provide to the appropriate congressional committees 

14 a briefing setting forth, for the preceding calendar quar15 ter, the following: 

16 (1) Each country in which an operation was 

17 conducted under subsection (a). 

18 (2) The purpose and nature of each operation 

19 set forth pursuant to paragraph (1). 

20 (3) The start date and end date or expected du21 ration of each operation set forth pursuant to para22 graph (1). 

23 (4) The elements of the Department of Defense 

24 down to O–6 command level who conducted or are 


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1 conducting the operations set forth pursuant to 

2 paragraph (1). 

3 (d) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed to supersede any standing prohibi5 tions on collection of information on United States per6 sons. 

Æ 


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