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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 61 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                 S. 61

 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 SENATE OF THE UNITED STATES

             January 24 (legislative day, January 3), 2023

  Ms. Sinema (for herself, Mr. Lankford, Mr. Kelly, and Mr. Hagerty) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 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 
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).

SEC. 4. 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.

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, 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.
                                 <all>
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