[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 61 Reported in Senate (RS)]
<DOC>
Calendar No. 267
118th CONGRESS
1st Session
S. 61
[Report No. 118-123]
To require the Secretary of Homeland Security to implement a strategy
to combat the efforts of transnational criminal organizations to
recruit individuals in the United States via social media platforms and
other online services and assess their use of such platforms and
services for illicit activities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24 (legislative day, January 3), 2023
Ms. Sinema (for herself, Mr. Lankford, Mr. Kelly, Mr. Hagerty, Mr.
Tester, and Mr. Tillis) introduced the following bill; which was read
twice and referred to the Committee on Homeland Security and
Governmental Affairs
December 11, 2023
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To require the Secretary of Homeland Security to implement a strategy
to combat the efforts of transnational criminal organizations to
recruit individuals in the United States via social media platforms and
other online services and assess their use of such platforms and
services for illicit activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Combating Cartels on Social
Media Act of 2023''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and</DELETED>
<DELETED> (B) the Committee on Homeland Security of
the House of Representatives.</DELETED>
<DELETED> (2) Covered operator.--The term ``covered
operator'' means the operator, developer, or publisher of a
covered service.</DELETED>
<DELETED> (3) Covered service.--The term ``covered service''
means--</DELETED>
<DELETED> (A) a social media platform;</DELETED>
<DELETED> (B) a mobile or desktop service with
direct or group messaging capabilities, but not
including text messaging services without other
substantial social functionalities or electronic mail
services, that the Secretary determines is, has been,
or will be used by transnational criminal organizations
in connection with matters described in section 3;
and</DELETED>
<DELETED> (C) a digital platform, or an electronic
application utilizing the digital platform, involving
real-time interactive communication between multiple
individuals, including multi-player gaming services and
immersive technology platforms or applications, that
the Secretary determines is, has been, or will be used
by transnational criminal organizations in connection
with matters described in section 3.</DELETED>
<DELETED> (4) Department.--The term ``Department'' means the
Department of Homeland Security.</DELETED>
<DELETED> (5) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.</DELETED>
<DELETED>SEC. 3. ASSESSMENT OF ILLICIT USAGE.</DELETED>
<DELETED> (a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees an assessment describing--</DELETED>
<DELETED> (1) the use of covered services by transnational
criminal organizations or criminal enterprises acting on their
behalf to engage in recruitment efforts, including the
recruitment of individuals, including individuals under the age
of 18, located in the United States to engage in or provide
support with respect to illicit activities occurring in the
United States, Mexico, or otherwise in proximity to an
international boundary of the United States;</DELETED>
<DELETED> (2) the use of covered services by transnational
criminal organizations to engage in other illicit activities or
other conduct in support of illicit activities, including--
</DELETED>
<DELETED> (A) smuggling or trafficking involving
narcotics, other controlled substances, precursors
thereof, or other items prohibited under the laws of
the United States, Mexico, or another relevant
jurisdiction, including firearms; and</DELETED>
<DELETED> (B) human smuggling or
trafficking;</DELETED>
<DELETED> (3) the existing efforts of the Secretary and
relevant government and law enforcement entities to counter,
monitor, or otherwise respond to the usage of covered services
described in paragraphs (1) and (2);</DELETED>
<DELETED> (4) the existing efforts of covered operators to
counter, monitor, or otherwise respond to the usage of covered
services described in paragraphs (1) and (2); and</DELETED>
<DELETED> (5) the existing cooperative efforts between the
Secretary, other relevant government entities, and covered
operators with respect to the matters described in paragraphs
(1) and (2).</DELETED>
<DELETED>SEC. 4. STRATEGY TO COMBAT CARTEL RECRUITMENT ON SOCIAL MEDIA
AND ONLINE PLATFORMS.</DELETED>
<DELETED> (a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a strategy, to be known as the National
Strategy to Combat Illicit Recruitment Activity by Transnational
Criminal Organizations on Social Media and Online Platforms, to combat
the use of covered services by transnational criminal organizations or
criminal enterprises acting on their behalf to recruit individuals
located in the United States to engage in or provide support with
respect to illicit activities occurring in the United States, Mexico,
or otherwise in proximity to an international boundary of the United
States.</DELETED>
<DELETED> (b) Elements.--</DELETED>
<DELETED> (1) In general.--The strategy required under
subsection (a) shall, at a minimum, include the
following:</DELETED>
<DELETED> (A) A proposal to improve cooperation and
thereafter maintain cooperation between the Secretary,
relevant law enforcement entities, and appropriate
covered operators with respect to the matters described
in subsection (a).</DELETED>
<DELETED> (B) Recommendations to implement the
requirement under section 5(a)(2) to establish a
centralized mechanism for reporting information
regarding the United States recruitment efforts of
transnational criminal organizations involving covered
services.</DELETED>
<DELETED> (C) A proposal to improve
intragovernmental coordination with respect to the
matters described in subsection (a), including between
the Department and State, Tribal, and local
governments.</DELETED>
<DELETED> (D) A proposal to improve coordination
within the Department and between the components of the
Department with respect to the matters described in
subsection (a).</DELETED>
<DELETED> (E) Activities to facilitate increased
intelligence analysis for law enforcement purposes of
efforts of transnational criminal organizations to
utilize covered services for recruitment
purposes.</DELETED>
<DELETED> (F) Activities to foster international
partnerships and enhance collaboration with foreign
governments and, as applicable, multilateral
institutions with respect to the matters described in
subsection (a).</DELETED>
<DELETED> (G) Activities to facilitate proactive law
enforcement and other governmental efforts relating to
the efforts of transnational criminal organizations to
utilize covered services for recruitment purposes,
including activities intended to preempt through
outreach and engagement the commission of criminal
offenses by individuals located in the United States
who are targeted for recruitment by those transnational
criminal organizations.</DELETED>
<DELETED> (H) Activities to specifically increase
engagement and outreach with youth in border
communities, including regarding the recruitment
tactics of transnational criminal organizations and the
consequences of participation in illicit
activities.</DELETED>
<DELETED> (2) Limitation.--The strategy required under
subsection (a) shall not include legislative recommendations or
elements predicated on the passage of legislation that is not
enacted as of the date on which the strategy is submitted under
subsection (a), including with respect to encryption policies
or reforms to section 230 of the Communications Act of 1934 (47
U.S.C. 230).</DELETED>
<DELETED> (c) Consultation.--In drafting and implementing the
strategy required under subsection (a), the Secretary shall, at a
minimum, consult and engage with--</DELETED>
<DELETED> (1) the heads of relevant components of the
Department, including--</DELETED>
<DELETED> (A) the Commissioner of U.S. Customs and
Border Protection;</DELETED>
<DELETED> (B) the Under Secretary for Intelligence
and Analysis;</DELETED>
<DELETED> (C) the Under Secretary for Science and
Technology;</DELETED>
<DELETED> (D) the Director of U.S. Immigration and
Customs Enforcement;</DELETED>
<DELETED> (E) the Officer for Civil Rights and Civil
Liberties; and</DELETED>
<DELETED> (F) the Privacy Officer;</DELETED>
<DELETED> (2) the Secretary of State;</DELETED>
<DELETED> (3) the Director of the Federal Bureau of
Investigation;</DELETED>
<DELETED> (4) the Administrator of the Drug Enforcement
Agency;</DELETED>
<DELETED> (5) representatives of border communities,
including representatives of--</DELETED>
<DELETED> (A) State, Tribal, and local governments,
including school districts and local law enforcement;
and</DELETED>
<DELETED> (B) nongovernmental
organizations;</DELETED>
<DELETED> (6) covered operators, including representatives
of--</DELETED>
<DELETED> (A) social media platforms, including
operators of platforms or applications--</DELETED>
<DELETED> (i) displaying short-form videos
created by users or third parties;</DELETED>
<DELETED> (ii) providing ephemeral content
transmission services; or</DELETED>
<DELETED> (iii) using algorithms or other
means of content prioritization to display a
feed of content or advertisements created by
users or third parties to other
users;</DELETED>
<DELETED> (B) interactive entertainment platforms
and publishers; and</DELETED>
<DELETED> (C) companies developing immersive
technology platforms and applications on those
platforms; and</DELETED>
<DELETED> (7) nongovernmental experts in the fields of--
</DELETED>
<DELETED> (A) civil rights and civil
liberties;</DELETED>
<DELETED> (B) online privacy;</DELETED>
<DELETED> (C) humanitarian assistance for migrants;
and</DELETED>
<DELETED> (D) youth outreach and
rehabilitation.</DELETED>
<DELETED> (d) Implementation.--</DELETED>
<DELETED> (1) In general.--Not later than 90 days after the
date on which the strategy required under subsection (a) is
submitted to the appropriate congressional committees, the
Secretary shall commence implementation of the
strategy.</DELETED>
<DELETED> (2) Report.--</DELETED>
<DELETED> (A) In general.--Not later than 180 days
after the date on which the strategy required under
subsection (a) is implemented under paragraph (1), and
semiannually thereafter for 5 years, the Secretary
shall submit to the appropriate congressional
committees a report describing the efforts of the
Secretary to implement the strategy required under
subsection (a) and the progress of those efforts, which
shall include a description of--</DELETED>
<DELETED> (i) the recommendations, and
corresponding implementation of those
recommendations, with respect to the matters
described in subsection (b)(1)(B) relating to
the mechanism required under section
5(a)(2);</DELETED>
<DELETED> (ii) the interagency posture with
respect to the matters covered by the strategy
required under subsection (a), which shall
include a description of collaboration between
the Secretary, other Federal entities, State,
local, and Tribal entities, and foreign
governments;</DELETED>
<DELETED> (iii) actions taken pursuant to
subsection (c) that occurred between the
Secretary and the entities described in
paragraphs (5) through (7) of that subsection,
provided that such summaries are provided only
in a classified or other non-public manner;
and</DELETED>
<DELETED> (iv) the threat landscape,
including new developments related to the
United States recruitment efforts of
transnational criminal organizations and the
use by those organizations of new or emergent
covered services and recruitment
methods.</DELETED>
<DELETED> (B) Form.--Each report required under
subparagraph (A) shall be submitted in unclassified
form, but may contain a classified annex.</DELETED>
<DELETED>SEC. 5. INTELLIGENCE COLLECTION AND DISSEMINATION.</DELETED>
<DELETED> (a) In General.--Not later than 90 days after the date on
which the strategy required under section 4(a) is required to be
submitted to the appropriate congressional committees, the Secretary
shall identify a designee--</DELETED>
<DELETED> (1) to receive, process, and disseminate
information and communications involving the use of covered
services by transnational criminal organizations or criminal
enterprises acting on their behalf to recruit individuals
located in the United States to engage in or provide support
with respect to illicit activities occurring in the United
States, Mexico, or otherwise in proximity to an international
boundary of the United States; and</DELETED>
<DELETED> (2) to establish a mechanism, or if the designee
determines appropriate, multiple mechanisms, for covered
operators to voluntarily report relevant information or
communications described in paragraph (1).</DELETED>
<DELETED> (b) Procedure.--Upon the identification of the designee
and the establishment of the voluntary reporting mechanism required
under subsection (a)(2), the Secretary shall notify appropriate covered
operators in writing regarding the voluntary reporting mechanism,
including information regarding how to contact the designee and utilize
the voluntary reporting mechanism.</DELETED>
<DELETED> (c) Placement.--The designee identified under subsection
(a) shall be located in U.S. Customs and Border Protection.</DELETED>
<DELETED> (d) Dissemination.--The designee identified under
subsection (a) shall utilize the information and communications
received pursuant to this section to--</DELETED>
<DELETED> (1) provide Federal, Tribal, State, and local
entities with intelligence to assist with outreach and
engagement efforts intended to preempt the commission of
criminal offenses by individuals located in the United States
who are targeted by transnational criminal organizations for
recruitment;</DELETED>
<DELETED> (2) provide Federal, Tribal, State, and local law
enforcement with actionable intelligence for law enforcement
relating to the United States recruitment efforts of
transnational criminal organizations; and</DELETED>
<DELETED> (3) further other appropriate government functions
involving efforts to prevent the recruitment of individuals
located in the United States by transnational criminal
organizations.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Cartels on Social Media
Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House
of Representatives.
(2) Covered operator.--The term ``covered operator'' means
the operator, developer, or publisher of a covered service.
(3) Covered service.--The term ``covered service'' means--
(A) a social media platform;
(B) a mobile or desktop service with direct or
group messaging capabilities, but not including text
messaging services without other substantial social
functionalities or electronic mail services, that the
Secretary determines is being or has been used by
transnational criminal organizations in connection with
matters described in section 3; and
(C) a digital platform, or an electronic
application utilizing the digital platform, involving
real-time interactive communication between multiple
individuals, including multi-player gaming services and
immersive technology platforms or applications, that
the Secretary determines is being or has been used by
transnational criminal organizations in connection with
matters described in section 3.
(4) Criminal enterprise.--The term ``criminal enterprise''
has the meaning given the term ``continuing criminal
enterprise'' in section 408 of the Controlled Substances Act
(21 U.S.C. 848).
(5) Department.--The term ``Department'' means the
Department of Homeland Security.
(6) Illicit activities.--The term ``illicit activities''
means the following criminal activities that transcend national
borders:
(A) A violation of section 401 of the Controlled
Substances Act (21 U.S.C. 841).
(B) Narcotics trafficking, as defined in section
808 of the Foreign Narcotics Kingpin Designation Act
(21 U.S.C. 1907).
(C) Trafficking of weapons, as defined in section
922 of title 18, United States Code.
(D) Migrant smuggling, defined as a violation of
section 274(a)(1)(A)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)(1)(A)(ii)).
(E) Human trafficking, defined as--
(i) a violation of section 1590, 1591, or
1592 of title 18, United States Code; or
(ii) engaging in severe forms of
trafficking in persons, as defined in section
103 of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7102).
(F) Cyber crime, defined as a violation of section
1030 of title 18, United States Code.
(G) A violation of any provision that is subject to
intellectual property enforcement, as defined in
section 302 of the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (15
U.S.C. 8112).
(H) Bulk cash smuggling of currency, defined as a
violation of section 5332 of title 31, United States
Code.
(I) Laundering the proceeds of the criminal
activities described in subparagraphs (A) through (H).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(8) Transnational criminal organization.--The term
``transnational criminal organization'' means groups, networks,
and associated individuals who operate transnationally for the
purposes of obtaining power, influence, or monetary or
commercial gain, wholly or in part by certain illegal means,
while advancing their activities through a pattern of crime,
corruption, or violence, and while protecting their illegal
activities through a transnational organizational structure and
the exploitation of public corruption or transnational
logistics, financial, or communication mechanisms.
SEC. 3. ASSESSMENT OF ILLICIT USAGE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees an assessment describing--
(1) the use of covered services by transnational criminal
organizations, or criminal enterprises acting on behalf of
transnational criminal organizations, to engage in recruitment
efforts, including the recruitment of individuals, including
individuals under the age of 18, located in the United States
to engage in or provide support with respect to illicit
activities occurring in the United States, Mexico, or otherwise
in proximity to an international boundary of the United States;
(2) the use of covered services by transnational criminal
organizations to engage in illicit activities or conduct in
support of illicit activities, including--
(A) smuggling or trafficking involving narcotics,
other controlled substances, precursors thereof, or
other items prohibited under the laws of the United
States, Mexico, or another relevant jurisdiction,
including firearms;
(B) human smuggling or trafficking, including the
exploitation of children; and
(C) transportation of bulk currency or monetary
instruments in furtherance of smuggling activity; and
(3) the existing efforts of the Secretary and relevant
government and law enforcement entities to counter, monitor, or
otherwise respond to the usage of covered services described in
paragraphs (1) and (2).
SEC. 4. STRATEGY TO COMBAT CARTEL RECRUITMENT ON SOCIAL MEDIA AND
ONLINE PLATFORMS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the appropriate
congressional committees a strategy, to be known as the National
Strategy to Combat Illicit Recruitment Activity by Transnational
Criminal Organizations on Social Media and Online Platforms, to combat
the use of covered services by transnational criminal organizations, or
criminal enterprises acting on behalf of transnational criminal
organizations, to recruit individuals located in the United States to
engage in or provide support with respect to illicit activities
occurring in the United States, Mexico, or otherwise in proximity to an
international boundary of the United States.
(b) Elements.--
(1) In general.--The strategy required under subsection (a)
shall, at a minimum, include the following:
(A) A proposal to improve cooperation and
thereafter maintain cooperation between the Secretary
and relevant law enforcement entities with respect to
the matters described in subsection (a).
(B) Recommendations to implement a process for the
voluntary reporting of information regarding the
recruitment efforts of transnational criminal
organizations in the United States involving covered
services.
(C) A proposal to improve intragovernmental
coordination with respect to the matters described in
subsection (a), including between the Department and
State, Tribal, and local governments.
(D) A proposal to improve coordination within the
Department and between the components of the Department
with respect to the matters described in subsection
(a).
(E) Activities to facilitate increased intelligence
analysis for law enforcement purposes of efforts of
transnational criminal organizations to utilize covered
services for recruitment to engage in or provide
support with respect to illicit activities.
(F) Activities to foster international partnerships
and enhance collaboration with foreign governments and,
as applicable, multilateral institutions with respect
to the matters described in subsection (a).
(G) Activities to specifically increase engagement
and outreach with youth in border communities,
including regarding the recruitment tactics of
transnational criminal organizations and the
consequences of participation in illicit activities.
(H) A detailed description of the measures used to
ensure--
(i) law enforcement and intelligence
activities focus on the recruitment activities
of transitional criminal organizations, not
individuals the transnational criminal
organizations attempt to or successfully
recruit; and
(ii) the privacy rights, civil rights, and
civil liberties protections in carrying out the
activities described in clause (i), with a
particular focus on the protections in place to
protect minors and constitutionally protected
activities.
(2) Limitation.--The strategy required under subsection (a)
shall not include legislative recommendations or elements
predicated on the passage of legislation that is not enacted as
of the date on which the strategy is submitted under subsection
(a).
(c) Consultation.--In drafting and implementing the strategy
required under subsection (a), the Secretary shall, at a minimum,
consult and engage with--
(1) the heads of relevant components of the Department,
including--
(A) the Under Secretary for Intelligence and
Analysis;
(B) the Under Secretary for Strategy, Policy, and
Plans;
(C) the Under Secretary for Science and Technology;
(D) the Commissioner of U.S. Customs and Border
Protection;
(E) the Director of U.S. Immigration and Customs
Enforcement;
(F) the Officer for Civil Rights and Civil
Liberties;
(G) the Privacy Officer; and
(H) the Assistant Secretary of the Office for State
and Local Law Enforcement;
(2) the Secretary of State;
(3) the Attorney General;
(4) the Secretary of Health and Human Services;
(5) the Secretary of Education; and
(6) as selected by the Secretary or his or her designee in
the Office of Public Engagement, representatives of border
communities, including representatives of--
(A) State, Tribal, and local governments, including
school districts and local law enforcement; and
(B) nongovernmental experts in the fields of--
(i) civil rights and civil liberties;
(ii) online privacy;
(iii) humanitarian assistance for migrants;
and
(iv) youth outreach and rehabilitation.
(d) Implementation.--
(1) In general.--Not later than 90 days after the date on
which the strategy required under subsection (a) is submitted
to the appropriate congressional committees, the Secretary
shall commence implementation of the strategy.
(2) Report.--
(A) In general.--Not later than 180 days after the
date on which the strategy required under subsection
(a) is implemented under paragraph (1), and
semiannually thereafter for 5 years, the Secretary
shall submit to the appropriate congressional
committees a report describing the efforts of the
Secretary to implement the strategy required under
subsection (a) and the progress of those efforts, which
shall include a description of--
(i) the recommendations, and corresponding
implementation of those recommendations, with
respect to the matters described in subsection
(b)(1)(B);
(ii) the interagency posture with respect
to the matters covered by the strategy required
under subsection (a), which shall include a
description of collaboration between the
Secretary, other Federal entities, State,
local, and Tribal entities, and foreign
governments; and
(iii) the threat landscape, including new
developments related to the United States
recruitment efforts of transnational criminal
organizations and the use by those
organizations of new or emergent covered
services and recruitment methods.
(B) Form.--Each report required under subparagraph
(A) shall be submitted in unclassified form, but may
contain a classified annex.
(3) Civil rights, civil liberties, and privacy
assessment.--Not later than 2 years after the date on which the
strategy required under subsection (a) is implemented under
paragraph (1), the Office for Civil Rights and Civil Liberties
and the Privacy Office of the Department shall submit to the
appropriate congressional committees a joint report that
includes--
(A) a detailed assessment of the measures used to
ensure the protection of civil rights, civil liberties,
and privacy rights in carrying out this section; and
(B) recommendations to improve the implementation
of the strategy required under subsection (a).
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to expand the statutory law
enforcement or regulatory authority of the Department.
Calendar No. 267
118th CONGRESS
1st Session
S. 61
[Report No. 118-123]
_______________________________________________________________________
A BILL
To require the Secretary of Homeland Security to implement a strategy
to combat the efforts of transnational criminal organizations to
recruit individuals in the United States via social media platforms and
other online services and assess their use of such platforms and
services for illicit activities, and for other purposes.
_______________________________________________________________________
December 11, 2023
Reported with an amendment