[Congressional Record Volume 169, Number 128 (Tuesday, July 25, 2023)]
[Senate]
[Pages S3555-S3556]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1048. Ms. SINEMA submitted an amendment intended to be proposed by
her to the bill S. 2226, to authorize appropriations for fiscal year
2024 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X of division A, add the following:
Subtitle H--Combating Cartels on Social Media Act of 2023
SEC. 1091. SHORT TITLE.
This subtitle may be cited as the ``Combating Cartels on
Social Media Act of 2023''.
SEC. 1092. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs and the Committee on Foreign Relations of the Senate;
and
(B) the Committee on Homeland Security and the Committee on
Foreign Affairs 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 of Homeland
Security determines is being or has been used by
transnational criminal organizations in connection with
matters described in section 1093; 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 of
Homeland Security determines is being or has been used by
transnational criminal organizations in connection with
matters described in section 1093.
(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) 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).
(6) 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. 1093. ASSESSMENT OF ILLICIT USAGE.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Homeland Security and the Secretary of
State shall submit to the appropriate congressional
committees a joint 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 of Homeland
Security, the Secretary of State, 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. 1094. 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 of Homeland Security and
the Secretary of State shall submit to the appropriate
congressional committees a joint 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 of Homeland
Security, the Secretary of State, 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 of Homeland Security, the
Department of State, and State, Tribal, and local
governments.
(D) A proposal to improve coordination within the
Department of Homeland Security and the Department of State
and between the components of those Departments 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--
[[Page S3556]]
(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 of
Homeland Security and the Secretary of State shall, at a
minimum, consult and engage with--
(1) the heads of relevant components of the Department of
Homeland Security, 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 heads of relevant components of the Department of
State, including--
(A) the Assistant Secretary for International Narcotics and
Law Enforcement Affairs;
(B) the Assistant Secretary for Western Hemisphere Affairs;
and
(C) the Coordinator of the Global Engagement Center;
(3) the Attorney General;
(4) the Secretary of Health and Human Services; and
(5) the Secretary of Education; and
(6) as selected by the Secretary of Homeland Security, 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 of
Homeland Security and the Secretary of State 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 of Homeland Security and the
Secretary of State shall submit to the appropriate
congressional committees a joint report describing the
efforts of the Secretary of Homeland Security and the
Secretary of State 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 of Homeland Security, the Secretary of State, 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 of
Homeland Security 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. 1095. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to expand the
statutory law enforcement or regulatory authority of the
Department of Homeland Security or the Department of State.
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