[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 150 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 150
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.
_______________________________________________________________________
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.
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 2025''.
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, 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.
SEC. 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).
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 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) recomme