[Congressional Record Volume 171, Number 133 (Friday, August 1, 2025)]
[Senate]
[Pages S5314-S5316]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3550. Mr. KELLY (for himself and Mr. Lankford) submitted an
amendment intended to be proposed by him to the bill S. 2296, to
authorize appropriations for fiscal year 2026 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 subtitle F of title X, add the following:
SEC. 1067. COMBATING CARTELS ON SOCIAL MEDIA.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs, the Committee on the Judiciary, and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Homeland Security, the Committee on
the Judiciary, 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 3; or
(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 subsection (b).
(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).
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(C) Weapons trafficking.
(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 a group, or
network, and associated individuals, that operate
transnationally for the purposes of obtaining power,
influence, or monetary or commercial gain, wholly or in part
by certain unlawful means, while advancing their activities
through a pattern of crime, corruption, or violence, and
while protecting their unlawful activities through a
transnational organizational structure and the exploitation
of public corruption or transnational logistics, financial,
or communication mechanisms.
(b) Assessment of Illicit Usage.--Not later than 180 days
after the date of enactment of this Act, the Secretary of
Homeland Security, the Attorney General, 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
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
border of the United States;
(2) the use of covered services by transnational criminal
organizations, or criminal enterprises acting on behalf of
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, with a particular focus
on the exploitation of children; and
(C) transportation of bulk currency or monetary instruments
in furtherance of smuggling or trafficking; and
(3) the existing efforts of the Secretary of Homeland
Security, the Attorney General, 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).
(c) Strategy to Combat Cartel Recruitment on Social Media
and Online Platforms.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security,
the Attorney General, 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 for unlawful
activities occurring in the United States, Mexico, or
otherwise in proximity to an international border of the
United States.
(2) Elements.--
(A) In general.--The strategy required under paragraph (1)
shall, at a minimum, include the following:
(i) A proposal to improve cooperation between the Secretary
of Homeland Security, the Attorney General, the Secretary of
State, and relevant law enforcement entities.
(ii) Recommendations to implement a process for the
voluntary reporting of information regarding the recruitment
efforts of transnational criminal organizations, or criminal
enterprises acting on behalf of transnational criminal
organizations, in the United States involving covered
services.
(iii) A proposal to improve intragovernmental coordination
with respect to the matters described in paragraph (1),
including between the Department of Homeland Security, the
Department of Justice, the Department of State, and State,
Tribal, and local governments.
(iv) A proposal to improve coordination within the
Department of Homeland Security, the Department of Justice,
and the Department of State and between the components of
those Departments with respect to the matters described in
paragraph (1).
(v) Activities to facilitate increased intelligence
analysis for law enforcement purposes of efforts of
transnational criminal organizations, or criminal enterprises
acting on behalf of transnational criminal organizations, to
utilize covered services for recruitment to engage in or
provide support with respect to illicit activities.
(vi) Activities to foster international partnerships and
enhance collaboration with foreign governments and, as
applicable, multilateral institutions, with respect to the
matters described in paragraph (1).
(vii) Activities to specifically increase engagement and
outreach with youth in border communities, including
regarding the recruitment tactics of transnational criminal
organizations, or criminal enterprises acting on behalf of
transnational criminal organizations, and the consequences of
participation in illicit activities.
(viii) A detailed description of the measures used to
ensure--
(I) law enforcement and intelligence activities focus on
the recruitment activities of transitional criminal
organizations, or criminal enterprises acting on behalf of
transnational criminal organizations, rather than individuals
the transnational criminal organizations or enterprises
attempt to or successfully recruit; and
(II) the protection of privacy rights, civil rights, and
civil liberties 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.
(B) Limitation.--The strategy required under paragraph (1)
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
paragraph (1).
(3) Consultation.--In drafting and implementing the
strategy required under paragraph (1), the Secretary of
Homeland Security, the Attorney General, and the Secretary of
State shall, at a minimum, consult and engage with--
(A) the heads of relevant components of the Department of
Homeland Security, including--
(i) the Under Secretary for Intelligence and Analysis;
(ii) the Under Secretary for Strategy, Policy, and Plans;
(iii) the Under Secretary for Science and Technology;
(iv) the Commissioner of U.S. Customs and Border
Protection;
(v) the Director of U.S. Immigration and Customs
Enforcement;
(vi) the Officer for Civil Rights and Civil Liberties;
(vii) the Privacy Officer; and
(viii) the Assistant Secretary of the Office for State and
Local Law Enforcement;
(B) the heads of relevant components of the Department of
Justice, including--
(i) the Assistant Attorney General for the Criminal
Division;
(ii) the Assistant Attorney General for National Security;
(iii) the Assistant Attorney General for the Civil Rights
Division;
(iv) the Chief Privacy and Civil Liberties Officer;
(v) the Director of the Organized Crime Drug Enforcement
Task Forces;
(vi) the Director of the Federal Bureau of Investigation;
and
(vii) the Director of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives;
(C) the heads of relevant components of the Department of
State, including--
(i) the Assistant Secretary for International Narcotics and
Law Enforcement Affairs;
(ii) the Assistant Secretary for Western Hemisphere
Affairs; and
(iii) the Coordinator of the Global Engagement Center;
(D) the Secretary of Health and Human Services;
(E) the Secretary of Education; and
(F) 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--
(i) State, Tribal, and local governments, including school
districts and local law enforcement; and
(ii) 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.
(4) Implementation.--
(A) In general.--Not later than 90 days after the date on
which the strategy required under paragraph (1) is submitted
to the appropriate congressional committees, the Secretary of
Homeland Security, the Attorney General, and the Secretary of
State shall commence implementation of the strategy.
(B) Report.--
(i) In general.--Not later than 180 days after the date on
which the strategy required under paragraph (1) is
implemented under paragraph (1), and semiannually thereafter
for 5 years, the Secretary of Homeland Security, the Attorney
General, and the Secretary of State shall submit to the
appropriate congressional committees a joint report
describing the efforts of the Secretary of Homeland Security,
the Attorney General, and the Secretary of State,
respectively, to
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implement the strategy required under paragraph (1) 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 paragraph (2)(A)(ii);
(II) the interagency posture with respect to the matters
covered by the strategy required under paragraph (1), which
shall include a description of collaboration between the
Secretary of Homeland Security, the Attorney General, the
Secretary of State, other Federal entities, State, local, and
Tribal entities, foreign governments, and, as applicable,
multilateral institutions; and
(III) the threat landscape, including new developments
related to the recruitment efforts of transnational criminal
organizations, or criminal enterprises acting on behalf of
transnational criminal organizations, and the use by such
organizations or enterprises of new or emergent covered
services and recruitment methods.
(ii) Form.--Each report required under clause (i) shall be
submitted in unclassified form, but may contain a classified
annex.
(C) Civil rights, civil liberties, and privacy
assessment.--Not later than 2 years after the date on which
the strategy required under paragraph (1) is implemented
under subparagraph (A), the Office for Civil Rights and Civil
Liberties and the Privacy Office of the Department of
Homeland Security, in consultation with the Assistant
Attorney General for the Civil Rights Division and the Chief
Privacy and Civil Liberties Officer of the Department of
Justice, shall submit to the appropriate congressional
committees a joint report that includes--
(i) 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
(ii) recommendations to improve the implementation of the
strategy required under paragraph (1).
(D) Rulemaking.--Prior to implementation of the strategy
required under paragraph (1) 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.
(d) Rule of Construction.--Nothing in this section may be
construed to expand the statutory law enforcement or
regulatory authority of the Department of Homeland Security,
the Department of Justice, or the Department of State.
(e) No Additional Funds.--No additional funds are
authorized to be appropriated for the purpose of carrying out
this section.
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