[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2393 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2393
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 HOUSE OF REPRESENTATIVES
March 29, 2023
Ms. Spanberger (for herself, Mr. Ciscomani, and Mr. Burgess) introduced
the following bill; which was referred to the Committee on the
Judiciary, and in addition to the Committees on Homeland Security,
Foreign Affairs, and Energy and Commerce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
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,
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, 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.
SEC. 3. ASSESSMENT OF ILLICIT USAGE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees an assessment describing the following:
(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).
(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).
SEC. 4. STRATEGY TO COMBAT CARTEL RECRUITMENT ON SOCIAL MEDIA AND
ONLINE PLATFORMS.
(a) In General.--Not later than one year after the date of the
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, local, and Tribal 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, 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 the following:
(1) The heads of relevant components of the Department,
including the following:
(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.
(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 the following:
(A) State, local, and Tribal governments, including
school districts and local law enforcement.
(B) Nongovernmental organizations.
(6) Covered operators, including representatives of the
following:
(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.
(C) Companies developing immersive technology
platforms and applications on those platforms.
(7) Nongovernmental experts in the fields of the following:
(A) Civil rights and civil liberties.
(B) Online privacy.
(C) Humanitarian assistance for migrants.
(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 five years, the Secretary shall submit
to the appropriate congressional committees a report
describing the efforts of the Secretary to implement
the strategy and the progress of those efforts, which
shall include a description of the following:
(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.
(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.
SEC. 5. 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, State, local, and Tribal 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, State, local, and Tribal 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.
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