119-s150

[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) 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.

SEC. 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.

SEC. 6. NO ADDITIONAL FUNDS.

 No additional funds are authorized to be appropriated for the 
purpose of carrying out this Act.
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