,,ii ,calendar ,no4 #bfg #aahth ,,congress #ast ,session ,s4 #fa ,report ,no4 #aah-abc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bd 7legislative day1 ,january #c71 #bjbc,ms4 ,sinema 7for herself1 ,mr4 ,lankford1 ,mr4 ,kelly1 ,mr4 ,hagerty1 ,mr4 ,tester1 and ,mr4 ,tillis7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,december #aa1 #bjbc,reported by ,mr4 ,peters1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,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 activities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,combating ,cartels on ,social ,media ,act of #bjbc4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,homeland ,security of the ,house of ,representatives4 7#b7 ,covered operator ,the term covered operator means the operator1 developer1 or publisher of a covered service4 7#c7 ,covered service ,the term covered service means-- 7,a7 a social media platform2 7,b7 a mobile or desktop service with direct or group messaging capabilities1 but not including text messaging services without other substantial social functionalities or electronic mail services1 that the ,secretary determines is1 has been1 or will be used by transnational criminal organizations in connection with matters described in section #c2 and 7,c7 a digital platform1 or an electronic application utilizing the digital platform1 involving real-time interactive communication between multiple individuals1 including multi-player gaming services and immersive technology platforms or applications1 that the ,secretary determines is1 has been1 or will be used by transnational criminal organizations in connection with matters described in section #c4 7#d7 ,department ,the term ,department means the ,department of ,homeland ,security4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 #c4 ,assessment of illicit usage 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to the appropriate congressional committees an assessment describing-- 7#a7 the use of covered services by transnational criminal organizations or criminal enterprises acting on their behalf to engage in recruitment efforts1 including the recruitment of individuals1 including individuals under the age of #ah1 located in the ,united ,states to engage in or provide support with respect to illicit activities occurring in the ,united ,states1 ,mexico1 or otherwise in proximity to an international boundary of the ,united ,states2 7#b7 the use of covered services by transnational criminal organizations to engage in other illicit activities or other conduct in support of illicit activities1 including-- 7,a7 smuggling or trafficking involving narcotics1 other controlled substances1 precursors thereof1 or other items prohibited under the laws of the ,united ,states1 ,mexico1 or another relevant jurisdiction1 including firearms2 and 7,b7 human smuggling or trafficking2 7#c7 the existing efforts of the ,secretary and relevant government and law enforcement entities to counter1 monitor1 or otherwise respond to the usage of covered services described in paragraphs 7#a7 and 7#b72 7#d7 the existing efforts of covered operators to counter1 monitor1 or otherwise respond to the usage of covered services described in paragraphs 7#a7 and 7#b72 and 7#e7 the existing cooperative efforts between the ,secretary1 other relevant government entities1 and covered operators with respect to the matters described in paragraphs 7#a7 and 7#b74 #d4 ,strategy to combat cartel recruitment on social media and online platforms 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the appropriate congressional committees a strategy1 to be known as the ,national ,strategy to ,combat ,illicit ,recruitment ,activity by ,transnational ,criminal ,organizations on ,social ,media and ,online ,platforms1 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 ,states1 ,mexico1 or otherwise in proximity to an international boundary of the ,united ,states4 7b7 ,elements 7#a7 ,in general ,the strategy required under subsection 7a7 shall1 at a minimum1 include the following3 7,a7 ,a proposal to improve cooperation and thereafter maintain cooperation between the ,secretary1 relevant law enforcement entities1 and appropriate covered operators with respect to the matters described in subsection 7a74 7,b7 ,recommendations to implement the requirement under section #e7;a77#b7 to establish a centralized mechanism for reporting information regarding the ,united ,states recruitment efforts of transnational criminal organizations involving covered services4 7,c7 ,a proposal to improve intragovernmental coordination with respect to the matters described in subsection 7a71 including between the ,department and ,state1 ,tribal1 and local governments4 7,d7 ,a proposal to improve coordination within the ,department and between the components of the ,department with respect to the matters described in subsection 7a74 7,e7 ,activities to facilitate increased intelligence analysis for law enforcement purposes of efforts of transnational criminal organizations to utilize covered services for recruitment purposes4 7,f7 ,activities to foster international partnerships and enhance collaboration with foreign governments and1 as applicable1 multilateral institutions with respect to the matters described in subsection 7a74 7,g7 ,activities to facilitate proactive law enforcement and other governmental efforts relating to the efforts of transnational criminal organizations to utilize covered services for recruitment purposes1 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 organizations4 7,h7 ,activities to specifically increase engagement and outreach with youth in border communities1 including regarding the recruitment tactics of transnational criminal organizations and the consequences of participation in illicit activities4 7#b7 ,limitation ,the strategy required under subsection 7a7 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 7a71 including with respect to encryption policies or reforms to section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj74 7c7 ,consultation ,in drafting and implementing the strategy required under subsection 7a71 the ,secretary shall1 at a minimum1 consult and engage with-- 7#a7 the heads of relevant components of the ,department1 including-- 7,a7 the ,commissioner of ,u4,s4 ,customs and ,border ,protection2 7,b7 the ,under ,secretary for ,intelligence and ,analysis2 7,c7 the ,under ,secretary for ,science and ,technology2 7,d7 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement2 7,e7 the ,officer for ,civil ,rights and ,civil ,liberties2 and 7,f7 the ,privacy ,officer2 7#b7 the ,secretary of ,state2 7#c7 the ,director of the ,federal ,bureau of ,investigation2 7#d7 the ,administrator of the ,drug ,enforcement ,agency2 7#e7 representatives of border communities1 including representatives of-- 7,a7 ,state1 ,tribal1 and local governments1 including school districts and local law enforcement2 and 7,b7 nongovernmental organizations2 7#f7 covered operators1 including representatives of-- 7,a7 social media platforms1 including operators of platforms or applications-- 7i7 displaying short-form videos created by users or third parties2 7ii7 providing ephemeral content transmission services2 or 7iii7 using algorithms or other means of content prioritization to display a feed of content or advertisements created by users or third parties to other users2 7,b7 interactive entertainment platforms and publishers2 and 7,c7 companies developing immersive technology platforms and applications on those platforms2 and 7#g7 nongovernmental experts in the fields of-- 7,a7 civil rights and civil liberties2 7,b7 online privacy2 7,c7 humanitarian assistance for migrants2 and 7,d7 youth outreach and rehabilitation4 7d7 ,implementation 7#a7 ,in general ,not later than #ij days after the date on which the strategy required under subsection 7a7 is submitted to the appropriate congressional committees1 the ,secretary shall commence implementation of the strategy4 7#b7 ,report 7,a7 ,in general ,not later than #ahj days after the date on which the strategy required under subsection 7a7 is implemented under paragraph 7#a71 and semiannually thereafter for #e years1 the ,secretary shall submit to the appropriate congressional committees a report describing the efforts of the ,secretary to implement the strategy required under subsection 7a7 and the progress of those efforts1 which shall include a description of-- 7i7 the recommendations1 and corresponding implementation of those recommendations1 with respect to the matters described in subsection 7b77#a77;,b7 relating to the mechanism required under section #e7;a77#b72 7ii7 the interagency posture with respect to the matters covered by the strategy required under subsection 7a71 which shall include a description of collaboration between the ,secretary1 other ,federal entities1 ,state1 local1 and ,tribal entities1 and foreign governments2 7iii7 actions taken pursuant to subsection 7c7 that occurred between the ,secretary and the entities described in paragraphs 7#e7 through 7#g7 of that subsection1 provided that such summaries are provided only in a classified or other non-public manner2 and 7iv7 the threat landscape1 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 methods4 7,b7 ,form ,each report required under subparagraph 7,a7 shall be submitted in unclassified form1 but may contain a classified annex4 #e4 ,intelligence collection and dissemination 7a7 ,in general ,not later than #ij days after the date on which the strategy required under section #d7;a7 is required to be submitted to the appropriate congressional committees1 the ,secretary shall identify a designee-- 7#a7 to receive1 process1 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 ,states1 ,mexico1 or otherwise in proximity to an international boundary of the ,united ,states2 and 7#b7 to establish a mechanism1 or if the designee determines appropriate1 multiple mechanisms1 for covered operators to voluntarily report relevant information or communications described in paragraph 7#a74 7b7 ,procedure ,upon the identification of the designee and the establishment of the voluntary reporting mechanism required under subsection 7a77#b71 the ,secretary shall notify appropriate covered operators in writing regarding the voluntary reporting mechanism1 including information regarding how to contact the designee and utilize the voluntary reporting mechanism4 7c7 ,placement ,the designee identified under subsection 7a7 shall be located in ,u4,s4 ,customs and ,border ,protection4 7d7 ,dissemination ,the designee identified under subsection 7a7 shall utilize the information and communications received pursuant to this section to-- 7#a7 provide ,federal1 ,tribal1 ,state1 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 recruitment2 7#b7 provide ,federal1 ,tribal1 ,state1 and local law enforcement with actionable intelligence for law enforcement relating to the ,united ,states recruitment efforts of transnational criminal organizations2 and 7#c7 further other appropriate government functions involving efforts to prevent the recruitment of individuals located in the ,united ,states by transnational criminal organizations4 #a4 ,short title ,this ,act may be cited as the ,combating ,cartels on ,social ,media ,act of #bjbc4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,homeland ,security of the ,house of ,representatives4 7#b7 ,covered operator ,the term covered operator means the operator1 developer1 or publisher of a covered service4 7#c7 ,covered service ,the term covered service means-- 7,a7 a social media platform2 7,b7 a mobile or desktop service with direct or group messaging capabilities1 but not including text messaging services without other substantial social functionalities or electronic mail services1 that the ,secretary determines is being or has been used by transnational criminal organizations in connection with matters described in section #c2 and 7,c7 a digital platform1 or an electronic application utilizing the digital platform1 involving real-time interactive communication between multiple individuals1 including multi-player gaming services and immersive technology platforms or applications1 that the ,secretary determines is being or has been used by transnational criminal organizations in connection with matters described in section #c4 7#d7 ,criminal enterprise ,the term criminal enterprise has the meaning given the term continuing criminal enterprise in section #djh of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hdh74 7#e7 ,department ,the term ,department means the ,department of ,homeland ,security4 7#f7 ,illicit activities ,the term illicit activities means the following criminal activities that transcend national borders3 7,a7 ,a violation of section #dja of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda74 7,b7 ,narcotics trafficking1 as defined in section #hjh of the ,foreign ,narcotics ,kingpin ,designation ,act 7#ba ,u4,s4,c4 #aijg74 7,c7 ,trafficking of weapons1 as defined in section #ibb of title #ah1 ,united ,states ,code4 7,d7 ,migrant smuggling1 defined as a violation of section #bgd7;a77#a77;,a77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd7;a77#a77;,a77ii774 7,e7 ,human trafficking1 defined as-- 7i7 a violation of section #aeij1 #aeia1 or #aeib of title #ah1 ,united ,states ,code2 or 7ii7 engaging in severe forms of trafficking in persons1 as defined in section #ajc of the ,victims of ,trafficking and ,violence ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb74 7,f7 ,cyber crime1 defined as a violation of section #ajcj of title #ah1 ,united ,states ,code4 7,g7 ,a violation of any provision that is subject to intellectual property enforcement1 as defined in section #cjb of the ,prioritizing ,resources and ,organization for ,intellectual ,property ,act of #bjjh 7#ae ,u4,s4,c4 #haab74 7,h7 ,bulk cash smuggling of currency1 defined as a violation of section #eccb of title #ca1 ,united ,states ,code4 7,i7 ,laundering the proceeds of the criminal activities described in subparagraphs 7,a7 through 7,h74 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#h7 ,transnational criminal organization ,the term transnational criminal organization means groups1 networks1 and associated individuals who operate transnationally for the purposes of obtaining power1 influence1 or monetary or commercial gain1 wholly or in part by certain illegal means1 while advancing their activities through a pattern of crime1 corruption1 or violence1 and while protecting their illegal activities through a transnational organizational structure and the exploitation of public corruption or transnational logistics1 financial1 or communication mechanisms4 #c4 ,assessment of illicit usage 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to the appropriate congressional committees an assessment describing-- 7#a7 the use of covered services by transnational criminal organizations1 or criminal enterprises acting on behalf of transnational criminal organizations1 to engage in recruitment efforts1 including the recruitment of individuals1 including individuals under the age of #ah1 located in the ,united ,states to engage in or provide support with respect to illicit activities occurring in the ,united ,states1 ,mexico1 or otherwise in proximity to an international boundary of the ,united ,states2 7#b7 the use of covered services by transnational criminal organizations to engage in illicit activities or conduct in support of illicit activities1 including-- 7,a7 smuggling or trafficking involving narcotics1 other controlled substances1 precursors thereof1 or other items prohibited under the laws of the ,united ,states1 ,mexico1 or another relevant jurisdiction1 including firearms2 7,b7 human smuggling or trafficking1 including the exploitation of children2 and 7,c7 transportation of bulk currency or monetary instruments in furtherance of smuggling activity2 and 7#c7 the existing efforts of the ,secretary and relevant government and law enforcement entities to counter1 monitor1 or otherwise respond to the usage of covered services described in paragraphs 7#a7 and 7#b74 #d4 ,strategy to combat cartel recruitment on social media and online platforms 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the appropriate congressional committees a strategy1 to be known as the ,national ,strategy to ,combat ,illicit ,recruitment ,activity by ,transnational ,criminal ,organizations on ,social ,media and ,online ,platforms1 to combat the use of covered services by transnational criminal organizations1 or criminal enterprises acting on behalf of transnational criminal organizations1 to recruit individuals located in the ,united ,states to engage in or provide support with respect to illicit activities occurring in the ,united ,states1 ,mexico1 or otherwise in proximity to an international boundary of the ,united ,states4 7b7 ,elements 7#a7 ,in general ,the strategy required under subsection 7a7 shall1 at a minimum1 include the following3 7,a7 ,a proposal to improve cooperation and thereafter maintain cooperation between the ,secretary and relevant law enforcement entities with respect to the matters described in subsection 7a74 7,b7 ,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 services4 7,c7 ,a proposal to improve intragovernmental coordination with respect to the matters described in subsection 7a71 including between the ,department and ,state1 ,tribal1 and local governments4 7,d7 ,a proposal to improve coordination within the ,department and between the components of the ,department with respect to the matters described in subsection 7a74 7,e7 ,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 activities4 7,f7 ,activities to foster international partnerships and enhance collaboration with foreign governments and1 as applicable1 multilateral institutions with respect to the matters described in subsection 7a74 7,g7 ,activities to specifically increase engagement and outreach with youth in border communities1 including regarding the recruitment tactics of transnational criminal organizations and the consequences of participation in illicit activities4 7,h7 ,a detailed description of the measures used to ensure-- 7i7 law enforcement and intelligence activities focus on the recruitment activities of transitional criminal organizations1 not individuals the transnational criminal organizations attempt to or successfully recruit2 and 7ii7 the privacy rights1 civil rights1 and civil liberties protections in carrying out the activities described in clause 7i71 with a particular focus on the protections in place to protect minors and constitutionally protected activities4 7#b7 ,limitation ,the strategy required under subsection 7a7 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 7a74 7c7 ,consultation ,in drafting and implementing the strategy required under subsection 7a71 the ,secretary shall1 at a minimum1 consult and engage with-- 7#a7 the heads of relevant components of the ,department1 including-- 7,a7 the ,under ,secretary for ,intelligence and ,analysis2 7,b7 the ,under ,secretary for ,strategy1 ,policy1 and ,plans2 7,c7 the ,under ,secretary for ,science and ,technology2 7,d7 the ,commissioner of ,u4,s4 ,customs and ,border ,protection2 7,e7 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement2 7,f7 the ,officer for ,civil ,rights and ,civil ,liberties2 7,g7 the ,privacy ,officer2 and 7,h7 the ,assistant ,secretary of the ,office for ,state and ,local ,law ,enforcement2 7#b7 the ,secretary of ,state2 7#c7 the ,attorney ,general2 7#d7 the ,secretary of ,health and ,human ,services2 7#e7 the ,secretary of ,education2 and 7#f7 as selected by the ,secretary or his or her designee in the ,office of ,public ,engagement1 representatives of border communities1 including representatives of-- 7,a7 ,state1 ,tribal1 and local governments1 including school districts and local law enforcement2 and 7,b7 nongovernmental experts in the fields of-- 7i7 civil rights and civil liberties2 7ii7 online privacy2 7iii7 humanitarian assistance for migrants2 and 7iv7 youth outreach and rehabilitation4 7d7 ,implementation 7#a7 ,in general ,not later than #ij days after the date on which the strategy required under subsection 7a7 is submitted to the appropriate congressional committees1 the ,secretary shall commence implementation of the strategy4 7#b7 ,report 7,a7 ,in general ,not later than #ahj days after the date on which the strategy required under subsection 7a7 is implemented under paragraph 7#a71 and semiannually thereafter for #e years1 the ,secretary shall submit to the appropriate congressional committees a report describing the efforts of the ,secretary to implement the strategy required under subsection 7a7 and the progress of those efforts1 which shall include a description of-- 7i7 the recommendations1 and corresponding implementation of those recommendations1 with respect to the matters described in subsection 7b77#a77;,b72 7ii7 the interagency posture with respect to the matters covered by the strategy required under subsection 7a71 which shall include a description of collaboration between the ,secretary1 other ,federal entities1 ,state1 local1 and ,tribal entities1 and foreign governments2 and 7iii7 the threat landscape1 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 methods4 7,b7 ,form ,each report required under subparagraph 7,a7 shall be submitted in unclassified form1 but may contain a classified annex4 7#c7 ,civil rights1 civil liberties1 and privacy assessment ,not later than #b years after the date on which the strategy required under subsection 7a7 is implemented under paragraph 7#a71 the ,office for ,civil ,rights and ,civil ,liberties and the ,privacy ,office of the ,department shall submit to the appropriate congressional committees a joint report that includes-- 7,a7 a detailed assessment of the measures used to ensure the protection of civil rights1 civil liberties1 and privacy rights in carrying out this section2 and 7,b7 recommendations to improve the implementation of the strategy required under subsection 7a74 #e4 ,rule of construction ,nothing in this ,act shall be construed to expand the statutory law enforcement or regulatory authority of the ,department4 ,december #aa1 #bjbc,reported with an amendment