,,ii #aaith ,,congress #ast ,session ,s4 #aej ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ag1 #bjbe,mr4 ,kelly 7for himself1 ,mr4 ,lankford1 ,mr4 ,tillis1 and ,mr4 ,gallego7 introduced the following bill2 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 activities4 #a4 ,short title ,this ,act may be cited as the ,combating ,cartels on ,social ,media ,act of #bjbe4 #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 ,affairs1 the ,committee on the ,judiciary1 and the ,committee on ,foreign ,relations of the ,senate2 and 7,b7 the ,committee on ,homeland ,security1 the ,committee on the ,judiciary1 and the ,committee on ,foreign ,affairs 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 of ,homeland ,security determines is being or has been used by transnational criminal organizations in connection with matters described in section #c2 or 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 of ,homeland ,security 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 ,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 ,weapons trafficking4 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#f7 ,transnational criminal organization ,the term transnational criminal organization means a group1 or network1 and associated individuals1 that operate transnationally for the purposes of obtaining power1 influence1 or monetary or commercial gain1 wholly or in part by certain unlawful means1 while advancing their activities through a pattern of crime1 corruption1 or violence1 and while protecting their unlawful activities through a transnational organizational structure and the exploitation of public corruption or transnational logistics1 financial1 or communication mechanisms4 #c4 ,assessment of illicit usage ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,homeland ,security1 the ,attorney ,general1 and the ,secretary of ,state shall submit to the appropriate congressional committees a joint 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 individuals located in the ,united ,states1 to engage in or provide support with respect to illicit activities occurring in the ,united ,states1 ,mexico1 or otherwise in proximity to an international border of the ,united ,states2 7#b7 the use of covered services by transnational criminal organizations1 or criminal enterprises acting on behalf of transnational criminal organizations1 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 with a particular focus on the exploitation of children2 and 7,c7 transportation of bulk currency or monetary instruments in furtherance of smuggling or trafficking2 and 7#c7 the existing efforts of the ,secretary of ,homeland ,security1 the ,attorney ,general1 the ,secretary of ,state1 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 of ,homeland ,security1 the ,attorney ,general1 and the ,secretary of ,state shall submit to the appropriate congressional committees a joint 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 for unlawful activities occurring in the ,united ,states1 ,mexico1 or otherwise in proximity to an international border 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 between the ,secretary of ,homeland ,security1 the ,attorney ,general1 the ,secretary of ,state1 and relevant law enforcement entities4 7,b7 ,recommendations to implement a process for the voluntary reporting of information regarding the recruitment efforts of transnational criminal organizations1 or criminal enterprises acting on behalf of transnational criminal organizations1 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 of ,homeland ,security1 the ,department of ,justice1 the ,department of ,state1 and ,state1 ,tribal1 and local governments4 7,d7 ,a proposal to improve coordination within the ,department of ,homeland ,security1 the ,department of ,justice1 and the ,department of ,state and between the components of those ,departments 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 organizations1 or criminal enterprises acting on behalf of transnational criminal organizations1 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 institutions1 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 organizations1 or criminal enterprises acting on behalf of transnational criminal organizations1 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 or criminal enterprises acting on behalf of transnational criminal organizations1 rather than individuals the transnational criminal organizations or enterprises attempt to or successfully recruit2 and 7ii7 the protection of privacy rights1 civil rights1 and civil liberties 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 of ,homeland ,security1 the ,attorney ,general1 and the ,secretary of ,state shall1 at a minimum1 consult and engage with-- 7#a7 the heads of relevant components of the ,department of ,homeland ,security1 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 heads of relevant components of the ,department of ,justice1 including-- 7,a7 the ,assistant ,attorney ,general for the ,criminal ,division2 7,b7 the ,assistant ,attorney ,general for ,national ,security2 7,c7 the ,assistant ,attorney ,general for the ,civil ,rights ,division2 7,d7 the ,chief ,privacy and ,civil ,liberties ,officer2 7,e7 the ,director of the ,organized ,crime ,drug ,enforcement ,task ,forces2 7,f7 the ,director of the ,federal ,bureau of ,investigation2 and 7,g7 the ,director of the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives2 7#c7 the heads of relevant components of the ,department of ,state1 including-- 7,a7 the ,assistant ,secretary for ,international ,narcotics and ,law ,enforcement ,affairs2 7,b7 the ,assistant ,secretary for ,western ,hemisphere ,affairs2 and 7,c7 the ,coordinator of the ,global ,engagement ,center2 7#d7 the ,secretary of ,health and ,human ,services2 7#e7 the ,secretary of ,education2 and 7#f7 as selected by the ,secretary of ,homeland ,security1 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 of ,homeland ,security1 the ,attorney ,general1 and the ,secretary of ,state 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 of ,homeland ,security1 the ,attorney ,general1 and the ,secretary of ,state shall submit to the appropriate congressional committees a joint report describing the efforts of the ,secretary of ,homeland ,security1 the ,attorney ,general1 and the ,secretary of ,state1 respectively1 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 ,secretary of ,homeland ,security1 the ,attorney ,general1 the ,secretary of ,state1 other ,federal entities1 ,state1 local1 and ,tribal entities1 foreign governments1 and1 as applicable1 multilateral institutions2 and 7iii7 the threat landscape1 including new developments related to the recruitment efforts of transnational criminal organizations1 or criminal enterprises acting on behalf of transnational criminal organizations1 and the use by such organizations or enterprises 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 of ,homeland ,security1 in consultation with the ,assistant ,attorney ,general for the ,civil ,rights ,division and the ,chief ,privacy and ,civil ,liberties ,officer of the ,department of ,justice1 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 7#d7 ,rulemaking ,prior to implementation of the strategy required under subsection 7a7 at the ,department of ,homeland ,security1 the ,secretary of ,homeland ,security shall issue rules to carry out this section in accordance with section #eec of title #e1 ,united ,states ,code4 #e4 ,rule of construction ,nothing in this ,act may be construed to expand the statutory law enforcement or regulatory authority of the ,department of ,homeland ,security1 the ,department of ,justice1 or the ,department of ,state4 #f4 ,no additional funds ,no additional funds are authorized to be appropriated for the purpose of carrying out this ,act4