S. 150

119 S150 IS: Combating Cartels on Social Media Act of 2025
 U.S. Senate
 2025-01-17
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 150  IN THE SENATE OF THE UNITED STATES   January 17, 2025   Mr. Kelly  (for himself,  Mr. Lankford ,  Mr. Tillis , and  Mr. Gallego ) 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 and the Secretary of State 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.
1.
Short title
This Act may be cited as the   Combating Cartels on Social Media Act of 2025  .
2.
Definitions
In this Act:
(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 section 3.
(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)
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.
3.
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).
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 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.
(b)
Elements
(1)
In general
The strategy required under subsection (a) shall, at a minimum, include the following:
(A)
A proposal to improve cooperation between the Secretary of Homeland Security, the Attorney General, the Secretary of State, and relevant law enforcement entities.
(B)
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.
(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 Justice, the Department of State, and State, Tribal, and local governments.
(D)
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 subsection (a).
(E)
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.
(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, or criminal enterprises acting on behalf 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, 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.
(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, the Attorney General, 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 Justice, including—
(A)
the Assistant Attorney General for the Criminal Division;
(B)
the Assistant Attorney General for National Security;
(C)
the Assistant Attorney General for the Civil Rights Division;
(D)
the Chief Privacy and Civil Liberties Officer;
(E)
the Director of the Organized Crime Drug Enforcement Task Forces;
(F)
the Director of the Federal Bureau of Investigation; and
(G)
the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives;
(3)
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;
(4)
the Secretary of Health and Human Services;
(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, the Attorney General, 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, 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 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 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.
(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, 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—
(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.
5.
Rule of construction
Nothing in this Act 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.
6.
No additional funds
No additional funds are authorized to be appropriated for the purpose of carrying out this Act.