Combating Cartels on Social Media Act of 2023

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2393 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 2393

 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 HOUSE OF REPRESENTATIVES

                             March 29, 2023

Ms. Spanberger (for herself, Mr. Ciscomani, and Mr. Burgess) introduced
    the following bill; which was referred to the Committee on the
  Judiciary, and in addition to the Committees on Homeland Security,
     Foreign Affairs, and Energy and Commerce, for a period to be
subsequently determined by the Speaker, in each case for consideration
  of such provisions as fall within the jurisdiction of the committee
                               concerned

_______________________________________________________________________

                                 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 the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees an assessment describing the following:
            (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).
            (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 one year after the date of the
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, local, and Tribal 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, 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 the following:
            (1) The heads of relevant components of the Department,
        including the following:
                    (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.
                    (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 the following:
                    (A) State, local, and Tribal governments, including
                school districts and local law enforcement.
                    (B) Nongovernmental organizations.
            (6) Covered operators, including representatives of the
        following:
                    (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.
                    (C) Companies developing immersive technology
                platforms and applications on those platforms.
            (7) Nongovernmental experts in the fields of the following:
                    (A) Civil rights and civil liberties.
                    (B) Online privacy.
                    (C) Humanitarian assistance for migrants.
                    (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 five years, the Secretary shall submit
                to the appropriate congressional committees a report
                describing the efforts of the Secretary to implement
                the strategy and the progress of those efforts, which
                shall include a description of the following:
                            (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.
                            (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, State, local, and Tribal 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, State, local, and Tribal 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.
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