Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB150 Compare Versions

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11 II
22 119THCONGRESS
33 1
44 STSESSION S. 150
55 To require the Secretary of Homeland Security and the Secretary of State
66 to implement a strategy to combat the efforts of transnational criminal
77 organizations to recruit individuals in the United States via social media
88 platforms and other online services and assess their use of such platforms
99 and services for illicit activities.
1010 IN THE SENATE OF THE UNITED STATES
1111 JANUARY17, 2025
1212 Mr. K
1313 ELLY(for himself, Mr. LANKFORD, Mr. TILLIS, and Mr. GALLEGO) in-
1414 troduced the following bill; which was read twice and referred to the Com-
1515 mittee on Homeland Security and Governmental Affairs
1616 A BILL
1717 To require the Secretary of Homeland Security and the
1818 Secretary of State to implement a strategy to combat
1919 the efforts of transnational criminal organizations to re-
2020 cruit individuals in the United States via social media
2121 platforms and other online services and assess their use
2222 of such platforms and services for illicit activities.
2323 Be it enacted by the Senate and House of Representa-1
2424 tives of the United States of America in Congress assembled, 2
2525 SECTION 1. SHORT TITLE. 3
2626 This Act may be cited as the ‘‘Combating Cartels on 4
2727 Social Media Act of 2025’’. 5
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3131 SEC. 2. DEFINITIONS. 1
3232 In this Act: 2
3333 (1) A
3434 PPROPRIATE CONGRESSIONAL COMMIT -3
3535 TEES.—The term ‘‘appropriate congressional com-4
3636 mittees’’ means— 5
3737 (A) the Committee on Homeland Security 6
3838 and Governmental Affairs, the Committee on 7
3939 the Judiciary, and the Committee on Foreign 8
4040 Relations of the Senate; and 9
4141 (B) the Committee on Homeland Security, 10
4242 the Committee on the Judiciary, and the Com-11
4343 mittee on Foreign Affairs of the House of Rep-12
4444 resentatives. 13
4545 (2) C
4646 OVERED OPERATOR .—The term ‘‘covered 14
4747 operator’’ means the operator, developer, or pub-15
4848 lisher of a covered service. 16
4949 (3) C
5050 OVERED SERVICE.—The term ‘‘covered 17
5151 service’’ means— 18
5252 (A) a social media platform; 19
5353 (B) a mobile or desktop service with direct 20
5454 or group messaging capabilities, but not includ-21
5555 ing text messaging services without other sub-22
5656 stantial social functionalities or electronic mail 23
5757 services, that the Secretary of Homeland Secu-24
5858 rity determines is being or has been used by 25
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6262 transnational criminal organizations in connec-1
6363 tion with matters described in section 3; or 2
6464 (C) a digital platform, or an electronic ap-3
6565 plication utilizing the digital platform, involving 4
6666 real-time interactive communication between 5
6767 multiple individuals, including multi-player 6
6868 gaming services and immersive technology plat-7
6969 forms or applications, that the Secretary of 8
7070 Homeland Security determines is being or has 9
7171 been used by transnational criminal organiza-10
7272 tions in connection with matters described in 11
7373 section 3. 12
7474 (4) C
7575 RIMINAL ENTERPRISE.—The term ‘‘crimi-13
7676 nal enterprise’’ has the meaning given the term 14
7777 ‘‘continuing criminal enterprise’’ in section 408 of 15
7878 the Controlled Substances Act (21 U.S.C. 848). 16
7979 (5) I
8080 LLICIT ACTIVITIES.—The term ‘‘illicit ac-17
8181 tivities’’ means the following criminal activities that 18
8282 transcend national borders: 19
8383 (A) A violation of section 401 of the Con-20
8484 trolled Substances Act (21 U.S.C. 841). 21
8585 (B) Narcotics trafficking, as defined in 22
8686 section 808 of the Foreign Narcotics Kingpin 23
8787 Designation Act (21 U.S.C. 1907). 24
8888 (C) Weapons trafficking. 25
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9292 (D) Migrant smuggling, defined as a viola-1
9393 tion of section 274(a)(1)(A)(ii) of the Immigra-2
9494 tion and Nationality Act (8 U.S.C. 3
9595 1324(a)(1)(A)(ii)). 4
9696 (E) Human trafficking, defined as— 5
9797 (i) a violation of section 1590, 1591, 6
9898 or 1592 of title 18, United States Code; or 7
9999 (ii) engaging in severe forms of traf-8
100100 ficking in persons, as defined in section 9
101101 103 of the Victims of Trafficking and Vio-10
102102 lence Protection Act of 2000 (22 U.S.C. 11
103103 7102). 12
104104 (F) Cyber crime, defined as a violation of 13
105105 section 1030 of title 18, United States Code. 14
106106 (G) A violation of any provision that is 15
107107 subject to intellectual property enforcement, as 16
108108 defined in section 302 of the Prioritizing Re-17
109109 sources and Organization for Intellectual Prop-18
110110 erty Act of 2008 (15 U.S.C. 8112). 19
111111 (H) Bulk cash smuggling of currency, de-20
112112 fined as a violation of section 5332 of title 31, 21
113113 United States Code. 22
114114 (I) Laundering the proceeds of the crimi-23
115115 nal activities described in subparagraphs (A) 24
116116 through (H). 25
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120120 (6) TRANSNATIONAL CRIMINAL ORGANIZA -1
121121 TION.—The term ‘‘transnational criminal organiza-2
122122 tion’’ means a group, or network, and associated in-3
123123 dividuals, that operate transnationally for the pur-4
124124 poses of obtaining power, influence, or monetary or 5
125125 commercial gain, wholly or in part by certain unlaw-6
126126 ful means, while advancing their activities through a 7
127127 pattern of crime, corruption, or violence, and while 8
128128 protecting their unlawful activities through a 9
129129 transnational organizational structure and the ex-10
130130 ploitation of public corruption or transnational logis-11
131131 tics, financial, or communication mechanisms. 12
132132 SEC. 3. ASSESSMENT OF ILLICIT USAGE. 13
133133 Not later than 180 days after the date of enactment 14
134134 of this Act, the Secretary of Homeland Security, the At-15
135135 torney General, and the Secretary of State shall submit 16
136136 to the appropriate congressional committees a joint assess-17
137137 ment describing— 18
138138 (1) the use of covered services by transnational 19
139139 criminal organizations, or criminal enterprises acting 20
140140 on behalf of transnational criminal organizations, to 21
141141 engage in recruitment efforts, including the recruit-22
142142 ment of individuals located in the United States, to 23
143143 engage in or provide support with respect to illicit 24
144144 activities occurring in the United States, Mexico, or 25
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148148 otherwise in proximity to an international border of 1
149149 the United States; 2
150150 (2) the use of covered services by transnational 3
151151 criminal organizations, or criminal enterprises acting 4
152152 on behalf of transnational criminal organizations, to 5
153153 engage in illicit activities or conduct in support of il-6
154154 licit activities, including— 7
155155 (A) smuggling or trafficking involving nar-8
156156 cotics, other controlled substances, precursors 9
157157 thereof, or other items prohibited under the 10
158158 laws of the United States, Mexico, or another 11
159159 relevant jurisdiction, including firearms; 12
160160 (B) human smuggling or trafficking, with 13
161161 a particular focus on the exploitation of chil-14
162162 dren; and 15
163163 (C) transportation of bulk currency or 16
164164 monetary instruments in furtherance of smug-17
165165 gling or trafficking; and 18
166166 (3) the existing efforts of the Secretary of 19
167167 Homeland Security, the Attorney General, the Sec-20
168168 retary of State, and relevant government and law 21
169169 enforcement entities to counter, monitor, or other-22
170170 wise respond to the usage of covered services de-23
171171 scribed in paragraphs (1) and (2). 24
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175175 SEC. 4. STRATEGY TO COMBAT CARTEL RECRUITMENT ON 1
176176 SOCIAL MEDIA AND ONLINE PLATFORMS. 2
177177 (a) I
178178 NGENERAL.—Not later than 1 year after the 3
179179 date of enactment of this Act, the Secretary of Homeland 4
180180 Security, the Attorney General, and the Secretary of State 5
181181 shall submit to the appropriate congressional committees 6
182182 a joint strategy, to be known as the ‘‘National Strategy 7
183183 to Combat Illicit Recruitment Activity by Transnational 8
184184 Criminal Organizations on Social Media and Online Plat-9
185185 forms’’, to combat the use of covered services by 10
186186 transnational criminal organizations, or criminal enter-11
187187 prises acting on behalf of transnational criminal organiza-12
188188 tions, to recruit individuals located in the United States 13
189189 to engage in or provide support for unlawful activities oc-14
190190 curring in the United States, Mexico, or otherwise in prox-15
191191 imity to an international border of the United States. 16
192192 (b) E
193193 LEMENTS.— 17
194194 (1) I
195195 N GENERAL.—The strategy required under 18
196196 subsection (a) shall, at a minimum, include the fol-19
197197 lowing: 20
198198 (A) A proposal to improve cooperation be-21
199199 tween the Secretary of Homeland Security, the 22
200200 Attorney General, the Secretary of State, and 23
201201 relevant law enforcement entities. 24
202202 (B) Recommendations to implement a 25
203203 process for the voluntary reporting of informa-26
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207207 tion regarding the recruitment efforts of 1
208208 transnational criminal organizations, or crimi-2
209209 nal enterprises acting on behalf of transnational 3
210210 criminal organizations, in the United States in-4
211211 volving covered services. 5
212212 (C) A proposal to improve 6
213213 intragovernmental coordination with respect to 7
214214 the matters described in subsection (a), includ-8
215215 ing between the Department of Homeland Secu-9
216216 rity, the Department of Justice, the Depart-10
217217 ment of State, and State, Tribal, and local gov-11
218218 ernments. 12
219219 (D) A proposal to improve coordination 13
220220 within the Department of Homeland Security, 14
221221 the Department of Justice, and the Department 15
222222 of State and between the components of those 16
223223 Departments with respect to the matters de-17
224224 scribed in subsection (a). 18
225225 (E) Activities to facilitate increased intel-19
226226 ligence analysis for law enforcement purposes of 20
227227 efforts of transnational criminal organizations, 21
228228 or criminal enterprises acting on behalf of 22
229229 transnational criminal organizations, to utilize 23
230230 covered services for recruitment to engage in or 24
231231 provide support with respect to illicit activities. 25
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235235 (F) Activities to foster international part-1
236236 nerships and enhance collaboration with foreign 2
237237 governments and, as applicable, multilateral in-3
238238 stitutions, with respect to the matters described 4
239239 in subsection (a). 5
240240 (G) Activities to specifically increase en-6
241241 gagement and outreach with youth in border 7
242242 communities, including regarding the recruit-8
243243 ment tactics of transnational criminal organiza-9
244244 tions, or criminal enterprises acting on behalf of 10
245245 transnational criminal organizations, and the 11
246246 consequences of participation in illicit activities. 12
247247 (H) A detailed description of the measures 13
248248 used to ensure— 14
249249 (i) law enforcement and intelligence 15
250250 activities focus on the recruitment activi-16
251251 ties of transitional criminal organizations, 17
252252 or criminal enterprises acting on behalf of 18
253253 transnational criminal organizations, rath-19
254254 er than individuals the transnational crimi-20
255255 nal organizations or enterprises attempt to 21
256256 or successfully recruit; and 22
257257 (ii) the protection of privacy rights, 23
258258 civil rights, and civil liberties in carrying 24
259259 out the activities described in clause (i), 25
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263263 with a particular focus on the protections 1
264264 in place to protect minors and constitu-2
265265 tionally protected activities. 3
266266 (2) L
267267 IMITATION.—The strategy required under 4
268268 subsection (a) shall not include legislative rec-5
269269 ommendations or elements predicated on the passage 6
270270 of legislation that is not enacted as of the date on 7
271271 which the strategy is submitted under subsection 8
272272 (a). 9
273273 (c) C
274274 ONSULTATION.—In drafting and implementing 10
275275 the strategy required under subsection (a), the Secretary 11
276276 of Homeland Security, the Attorney General, and the Sec-12
277277 retary of State shall, at a minimum, consult and engage 13
278278 with— 14
279279 (1) the heads of relevant components of the De-15
280280 partment of Homeland Security, including— 16
281281 (A) the Under Secretary for Intelligence 17
282282 and Analysis; 18
283283 (B) the Under Secretary for Strategy, Pol-19
284284 icy, and Plans; 20
285285 (C) the Under Secretary for Science and 21
286286 Technology; 22
287287 (D) the Commissioner of U.S. Customs 23
288288 and Border Protection; 24
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292292 (E) the Director of U.S. Immigration and 1
293293 Customs Enforcement; 2
294294 (F) the Officer for Civil Rights and Civil 3
295295 Liberties; 4
296296 (G) the Privacy Officer; and 5
297297 (H) the Assistant Secretary of the Office 6
298298 for State and Local Law Enforcement; 7
299299 (2) the heads of relevant components of the De-8
300300 partment of Justice, including— 9
301301 (A) the Assistant Attorney General for the 10
302302 Criminal Division; 11
303303 (B) the Assistant Attorney General for Na-12
304304 tional Security; 13
305305 (C) the Assistant Attorney General for the 14
306306 Civil Rights Division; 15
307307 (D) the Chief Privacy and Civil Liberties 16
308308 Officer; 17
309309 (E) the Director of the Organized Crime 18
310310 Drug Enforcement Task Forces; 19
311311 (F) the Director of the Federal Bureau of 20
312312 Investigation; and 21
313313 (G) the Director of the Bureau of Alcohol, 22
314314 Tobacco, Firearms, and Explosives; 23
315315 (3) the heads of relevant components of the De-24
316316 partment of State, including— 25
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320320 (A) the Assistant Secretary for Inter-1
321321 national Narcotics and Law Enforcement Af-2
322322 fairs; 3
323323 (B) the Assistant Secretary for Western 4
324324 Hemisphere Affairs; and 5
325325 (C) the Coordinator of the Global Engage-6
326326 ment Center; 7
327327 (4) the Secretary of Health and Human Serv-8
328328 ices; 9
329329 (5) the Secretary of Education; and 10
330330 (6) as selected by the Secretary of Homeland 11
331331 Security, or his or her designee in the Office of Pub-12
332332 lic Engagement, representatives of border commu-13
333333 nities, including representatives of— 14
334334 (A) State, Tribal, and local governments, 15
335335 including school districts and local law enforce-16
336336 ment; and 17
337337 (B) nongovernmental experts in the fields 18
338338 of— 19
339339 (i) civil rights and civil liberties; 20
340340 (ii) online privacy; 21
341341 (iii) humanitarian assistance for mi-22
342342 grants; and 23
343343 (iv) youth outreach and rehabilitation. 24
344344 (d) I
345345 MPLEMENTATION.— 25
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349349 (1) IN GENERAL.—Not later than 90 days after 1
350350 the date on which the strategy required under sub-2
351351 section (a) is submitted to the appropriate congres-3
352352 sional committees, the Secretary of Homeland Secu-4
353353 rity, the Attorney General, and the Secretary of 5
354354 State shall commence implementation of the strat-6
355355 egy. 7
356356 (2) R
357357 EPORT.— 8
358358 (A) I
359359 N GENERAL.—Not later than 180 9
360360 days after the date on which the strategy re-10
361361 quired under subsection (a) is implemented 11
362362 under paragraph (1), and semiannually there-12
363363 after for 5 years, the Secretary of Homeland 13
364364 Security, the Attorney General, and the Sec-14
365365 retary of State shall submit to the appropriate 15
366366 congressional committees a joint report describ-16
367367 ing the efforts of the Secretary of Homeland 17
368368 Security, the Attorney General, and the Sec-18
369369 retary of State, respectively, to implement the 19
370370 strategy required under subsection (a) and the 20
371371 progress of those efforts, which shall include a 21
372372 description of— 22
373373 (i) the recommendations, and cor-23
374374 responding implementation of those rec-24
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378378 ommendations, with respect to the matters 1
379379 described in subsection (b)(1)(B); 2
380380 (ii) the interagency posture with re-3
381381 spect to the matters covered by the strat-4
382382 egy required under subsection (a), which 5
383383 shall include a description of collaboration 6
384384 between the Secretary of Homeland Secu-7
385385 rity, the Attorney General, the Secretary of 8
386386 State, other Federal entities, State, local, 9
387387 and Tribal entities, foreign governments, 10
388388 and, as applicable, multilateral institutions; 11
389389 and 12
390390 (iii) the threat landscape, including 13
391391 new developments related to the recruit-14
392392 ment efforts of transnational criminal or-15
393393 ganizations, or criminal enterprises acting 16
394394 on behalf of transnational criminal organi-17
395395 zations, and the use by such organizations 18
396396 or enterprises of new or emergent covered 19
397397 services and recruitment methods. 20
398398 (B) F
399399 ORM.—Each report required under 21
400400 subparagraph (A) shall be submitted in unclas-22
401401 sified form, but may contain a classified annex. 23
402402 (3) C
403403 IVIL RIGHTS, CIVIL LIBERTIES, AND PRI-24
404404 VACY ASSESSMENT.—Not later than 2 years after 25
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408408 the date on which the strategy required under sub-1
409409 section (a) is implemented under paragraph (1), the 2
410410 Office for Civil Rights and Civil Liberties and the 3
411411 Privacy Office of the Department of Homeland Se-4
412412 curity, in consultation with the Assistant Attorney 5
413413 General for the Civil Rights Division and the Chief 6
414414 Privacy and Civil Liberties Officer of the Depart-7
415415 ment of Justice, shall submit to the appropriate con-8
416416 gressional committees a joint report that includes— 9
417417 (A) a detailed assessment of the measures 10
418418 used to ensure the protection of civil rights, 11
419419 civil liberties, and privacy rights in carrying out 12
420420 this section; and 13
421421 (B) recommendations to improve the im-14
422422 plementation of the strategy required under 15
423423 subsection (a). 16
424424 (4) R
425425 ULEMAKING.—Prior to implementation of 17
426426 the strategy required under subsection (a) at the 18
427427 Department of Homeland Security, the Secretary of 19
428428 Homeland Security shall issue rules to carry out this 20
429429 section in accordance with section 553 of title 5, 21
430430 United States Code. 22
431431 SEC. 5. RULE OF CONSTRUCTION. 23
432432 Nothing in this Act may be construed to expand the 24
433433 statutory law enforcement or regulatory authority of the 25
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437437 Department of Homeland Security, the Department of 1
438438 Justice, or the Department of State. 2
439439 SEC. 6. NO ADDITIONAL FUNDS. 3
440440 No additional funds are authorized to be appro-4
441441 priated for the purpose of carrying out this Act. 5
442442 Æ
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