118 S61 RS: Combating Cartels on Social Media Act of 2023 U.S. Senate 2023-12-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Calendar No. 267118th CONGRESS1st Session

S. 61

[Report No. 118–123]

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.

Short title

This Act may be cited as the

Combating Cartels on Social Media Act of 2023

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, has been, or will be 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, has been, or will be used by transnational criminal organizations in connection with matters described in section 3.(4)

Department

The term Department means the Department of Homeland Security.(5)

Secretary

The term Secretary means the Secretary of Homeland Security.

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 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; (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—(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(B)human smuggling or trafficking;(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); (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(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).

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 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. (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, relevant law enforcement entities, and appropriate covered operators with respect to the matters described in subsection (a).(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.(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 purposes.(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 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.(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.(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).(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 Commissioner of U.S. Customs and Border Protection;(B)the Under Secretary for Intelligence and Analysis;(C)the Under Secretary for Science and Technology;(D)the Director of U.S. Immigration and Customs Enforcement;(E)the Officer for Civil Rights and Civil Liberties; and(F)the Privacy Officer;(2)the Secretary of State;(3)the Director of the Federal Bureau of Investigation;(4)the Administrator of the Drug Enforcement Agency;(5)representatives of border communities, including representatives of—(A)State, Tribal, and local governments, including school districts and local law enforcement; and(B)nongovernmental organizations;(6)covered operators, including representatives of—(A)social media platforms, including operators of platforms or applications—(i)displaying short-form videos created by users or third parties;(ii)providing ephemeral content transmission services; or(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; (B)interactive entertainment platforms and publishers; and(C)companies developing immersive technology platforms and applications on those platforms; and(7)nongovernmental experts in the fields of—(A)civil rights and civil liberties;(B)online privacy;(C)humanitarian assistance for migrants; and(D)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) relating to the mechanism required under section 5(a)(2);(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;(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(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. (B)

Form

Each report required under subparagraph (A) shall be submitted in unclassified form, but may contain a classified annex.

Intelligence collection and dissemination

(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—(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(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).(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.(c)

Placement

The designee identified under subsection (a) shall be located in U.S. Customs and Border Protection. (d)

Dissemination

The designee identified under subsection (a) shall utilize the information and communications received pursuant to this section to—(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;(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(3)further other appropriate government functions involving efforts to prevent the recruitment of individuals located in the United States by transnational criminal organizations.

Short title

This Act may be cited as the

Combating Cartels on Social Media Act of 2023

Definitions

In this Act:(1)

Appropriate congressional committees

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.

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).

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

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

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).

Rule of construction

Nothing in this Act shall be construed to expand the statutory law enforcement or regulatory authority of the Department.

December 11, 2023

Reported with an amendment