II 118th CONGRESS 1st Session S. 2248 IN THE SENATE OF THE UNITED STATES July 11, 2023 Ms. Hassan (for herself and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require a pilot program on the use of big data analytics to identify vessels evading sanctions and export controls and to require a report on the availability in the United States of emerging and foundational technologies subject to export controls.

1. Short title This Act may be cited as the Vessel Tracking for Sanctions Enforcement Act of 2023 . 2. Pilot program on use of big data analytics to identify vessels evading sanctions and export controls (a) In general Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall establish a pilot program at the National Targeting Center to assess the feasibility and advisability of using big data analytics to identify and predict instances in which disabling or manipulating the Automatic Identification System on a vessel is an indication that there is a high risk that the vessel is transporting goods in a manner that evades sanctions or export controls imposed by the United States. (b) Law enforcement use The Secretary, acting through the Commissioner, shall design the pilot program required by subsection (a) to provide actionable intelligence with respect to instances described in subsection (a) to— (1) operational components of the Department of Homeland Security, including U.S. Immigration and Customs Enforcement and the Coast Guard; (2) other Federal law enforcement agencies; and (3) such agencies of foreign countries that are partners of the United States as the Secretary considers appropriate. (c) Data elements (1) In general In developing the pilot program required by subsection (a), the Secretary, acting through the Commissioner, shall consider the inclusion of the following data with respect to a vessel described in that subsection: (A) The type of goods being transported on the vessel. (B) The destination of the vessel. (C) The ownership and nationality of the vessel, the shipper, and the importer. (D) The ownership and nationality of vessels located in close proximity to the vessel while the Automatic Identification System was disabled or being manipulated. (E) The period of time for which the Automatic Identification System on the vessel was disabled or being manipulated. (F) The frequency of issues with the Automatic Identification System on that vessel. (2) Data models The pilot program required by subsection (a) may include multiple data models to account for different behavior patterns for different shippers and different types of goods. (d) Interagency coordination The Secretary, acting through the Commissioner, shall coordinate with the Secretary of Commerce and the Director of National Intelligence in developing and carrying out the pilot program required by subsection (a). (e) Termination The pilot program required by subsection (a) shall terminate on the date that is 4 years after the date of the enactment of this Act. (f) Report required Not later than 4 years after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Commerce and the Director of National Intelligence, shall submit to Congress a report— (1) assessing the usefulness of the pilot program required by subsection (a) in identifying and predicting instances described in that subsection; (2) with respect to each instance in which a vessel was identified under the pilot program as posing a high risk of transporting goods in a manner that evades sanctions or export controls imposed by the United States and the vessel was successfully interdicted by the United States or a country that is a partner of the United States— (A) specifying whether or not the vessel was confirmed to be evading such sanctions or export controls; (B) if the vessel was confirmed to be evading such sanctions or export controls, specifying the penalty imposed; and (C) if the vessel was not confirmed to be evading such sanctions or export controls, specifying whether a United States agency took action against the vessel based on reasonable suspicion; (3) with respect to each instance in which a vessel was identified under the pilot program as posing a high risk of transporting goods in a manner that evades sanctions or export controls imposed by the United States and the vessel was not successfully interdicted by the United States or a country that is a partner of the United States, specifying whether the vessel traveled to— (A) a country with respect to which the United States has imposed sanctions or export controls with respect to goods suspected of being transported on the vessel; (B) a country not described in subparagraph (A) but that the Secretary of Homeland Security has identified as a country posing a high risk of transshipment of goods suspected of being transported on the vessel to a country described in subparagraph (A); or (C) a country not described in subparagraph (A) or (B); and (4) making recommendations with respect to whether big data analytics should be used to identify and predict instances described in subsection (a) in the future.