II 118th CONGRESS 1st Session S. 2715 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. Short title This Act may be cited as the Countering Mexican Transnational Criminal Organizations in Cyberspace Act of 2023 . 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.