[Congressional Record Volume 169, Number 129 (Wednesday, July 26, 2023)]
[Senate]
[Pages S3696-S3697]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1070. Ms. SINEMA (for herself and Mr. Lankford) 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--
       (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

[[Page S3697]]

       (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).
       (4) Rulemaking.--Prior to implementation of the strategy 
     required under subsection (a) at the Department of Homeland 
     Security, the Secretary of Homeland Security shall issue 
     rules to carry out this section in accordance with section 
     553 of title 5, United States Code.

     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.

     SEC. 1096. NO ADDITIONAL FUNDS.

       No additional funds are authorized to be appropriated for 
     the purpose of carrying out this subtitle.
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