What This Bill Does
This bill requires the Secretary of Homeland Security to create a plan to stop criminal organizations from using social media and online platforms to recruit people in the United States. The bill also requires the Secretary to assess how much criminal organizations use these platforms and to report back to Congress about current government and company efforts to address this problem.
Who It Affects
Social media companies and other online platform operators, federal law enforcement agencies (including Customs and Border Protection, Immigration and Customs Enforcement, the Federal Bureau of Investigation, and the Drug Enforcement Agency), State and local governments, Tribal governments, border communities, youth in border areas, and individuals targeted for recruitment by criminal organizations.
Key Provisions
- The Secretary must submit a detailed assessment within 180 days describing how criminal organizations use social media and online services to recruit people in the United States and engage in illegal activities like drug smuggling and human trafficking (Sec. 3)
- The Secretary must create a "National Strategy to Combat Illicit Recruitment Activity by Transnational Criminal Organizations on Social Media and Online Platforms" within one year that includes proposals to improve cooperation between government agencies and online platforms, better coordination between different parts of government, increased law enforcement activities, youth outreach in border communities, and international partnerships (Sec. 4(b))
- The Secretary must identify a person to receive and process reports from online platforms about criminal recruitment efforts and establish a system for platforms to voluntarily report this information (Sec. 5(a))
- The Secretary must begin implementing the strategy within 90 days of submitting it and must report every six months for five years on progress made (Sec. 4(d))
What Changes
If this bill becomes law, the federal government will have a formal strategy and system to combat criminal recruitment on social media. Online platforms will have an official point of contact and voluntary reporting system to share information about criminal recruitment with the government. The government will begin coordinating more systematically across agencies and with foreign governments and border communities on this issue. Law enforcement will receive intelligence to help stop recruitment before it happens.
Important Definitions
The bill defines "covered services" as social media platforms, messaging services with social features (but not basic text messaging or email), and interactive digital platforms like multiplayer gaming services and immersive technology platforms that criminal organizations use or might use for the activities described in the bill. A "covered operator" is any company that runs, develops, or publishes one of these covered services.
I
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 Af-
fairs, and Energy and Commerce, for a period to be subsequently deter-
mined 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 Representa-
1
tives of the United States of America in Congress assembled,
2
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•HR 2393 IH
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Combating Cartels on
2
Social Media Act of 2023’’.
3
SEC. 2. DEFINITIONS.
4
In this Act:
5
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
6
TEES.—The term ‘‘appropriate congressional com-
7
mittees’’ means—
8
(A) the Committee on Homeland Security
9
and Governmental Affairs of the Senate; and
10
(B) the Committee on Homeland Security
11
of the House of Representatives.
12
(2) COVERED OPERATOR.—The term ‘‘covered
13
operator’’ means the operator, developer, or pub-
14
lisher of a covered service.
15
(3) COVERED
SERVICE.—The term ‘‘covered
16
service’’ means—
17
(A) a social media platform;
18
(B) a mobile or desktop service with direct
19
or group messaging capabilities, but not includ-
20
ing text messaging services without other sub-
21
stantial social functionalities or electronic mail
22
services, that the Secretary determines is, has
23
been, or will be used by transnational criminal
24
organizations in connection with matters de-
25
scribed in section 3; and
26
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•HR 2393 IH
(C) a digital platform, or an electronic ap-
1
plication utilizing the digital platform, involving
2
real-time interactive communication between
3
multiple
individuals,
including
multi-player
4
gaming services and immersive technology plat-
5
forms or applications, that the Secretary deter-
6
mines is, has been, or will be used by
7
transnational criminal organizations in connec-
8
tion with matters described in section 3.
9
(4) DEPARTMENT.—The term ‘‘Department’’
10
means the Department of Homeland Security.
11
(5) SECRETARY.—The term ‘‘Secretary’’ means
12
the Secretary of Homeland Security.
13
SEC. 3. ASSESSMENT OF ILLICIT USAGE.
14
(a) IN GENERAL.—Not later than 180 days after the
15
date of the enactment of this Act, the Secretary shall sub-
16
mit to the appropriate congressional committees an assess-
17
ment describing the following:
18
(1) The use of covered services by transnational
19
criminal organizations or criminal enterprises acting
20
on their behalf to engage in recruitment efforts, in-
21
cluding the recruitment of individuals, including in-
22
dividuals under the age of 18, located in the United
23
States to engage in or provide support with respect
24
to illicit activities occurring in the United States,
25
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•HR 2393 IH
Mexico, or otherwise in proximity to an international
1
boundary of the United States.
2
(2) The use of covered services by transnational
3
criminal organizations to engage in other illicit ac-
4
tivities or other conduct in support of illicit activi-
5
ties, including—
6
(A) smuggling or trafficking involving nar-
7
cotics, other controlled substances, precursors
8
thereof, or other items prohibited under the
9
laws of the United States, Mexico, or another
10
relevant jurisdiction, including firearms; and
11
(B) human smuggling or trafficking.
12
(3) The existing efforts of the Secretary and
13
relevant government and law enforcement entities to
14
counter, monitor, or otherwise respond to the usage
15
of covered services described in paragraphs (1) and
16
(2).
17
(4) The existing efforts of covered operators to
18
counter, monitor, or otherwise respond to the usage
19
of covered services described in paragraphs (1) and
20
(2).
21
(5) The existing cooperative efforts between the
22
Secretary, other relevant government entities, and
23
covered operators with respect to the matters de-
24
scribed in paragraphs (1) and (2).
25
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•HR 2393 IH
SEC. 4. STRATEGY TO COMBAT CARTEL RECRUITMENT ON
1
SOCIAL MEDIA AND ONLINE PLATFORMS.
2
(a) IN GENERAL.—Not later than one year after the
3
date of the enactment of this Act, the Secretary shall sub-
4
mit to the appropriate congressional committees a strat-
5
egy, to be known as the National Strategy to Combat Il-
6
licit Recruitment Activity by Transnational Criminal Or-
7
ganizations on Social Media and Online Platforms, to
8
combat the use of covered services by transnational crimi-
9
nal organizations or criminal enterprises acting on their
10
behalf to recruit individuals located in the United States
11
to engage in or provide support with respect to illicit ac-
12
tivities occurring in the United States, Mexico, or other-
13
wise in proximity to an international boundary of the
14
United States.
15
(b) ELEMENTS.—
16
(1) IN GENERAL.—The strategy required under
17
subsection (a) shall, at a minimum, include the fol-
18
lowing:
19
(A) A proposal to improve cooperation and
20
thereafter maintain cooperation between the
21
Secretary, relevant law enforcement entities,
22
and appropriate covered operators with respect
23
to the matters described in subsection (a).
24
(B) Recommendations to implement the re-
25
quirement under section 5(a)(2) to establish a
26
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•HR 2393 IH
centralized mechanism for reporting informa-
1
tion regarding the United States recruitment
2
efforts of transnational criminal organizations
3
involving covered services.
4
(C)
A
proposal
to
improve
5
intragovernmental coordination with respect to
6
the matters described in subsection (a), includ-
7
ing between the Department and State, local,
8
and Tribal governments.
9
(D) A proposal to improve coordination
10
within the Department and between the compo-
11
nents of the Department with respect to the
12
matters described in subsection (a).
13
(E) Activities to facilitate increased intel-
14
ligence analysis for law enforcement purposes of
15
efforts of transnational criminal organizations
16
to utilize covered services for recruitment pur-
17
poses.
18
(F) Activities to foster international part-
19
nerships and enhance collaboration with foreign
20
governments and, as applicable, multilateral in-
21
stitutions with respect to the matters described
22
in subsection (a).
23
(G) Activities to facilitate proactive law en-
24
forcement and other governmental efforts relat-
25
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•HR 2393 IH
ing to the efforts of transnational criminal or-
1
ganizations to utilize covered services for re-
2
cruitment purposes, including activities in-
3
tended to preempt through outreach and en-
4
gagement the commission of criminal offenses
5
by individuals located in the United States who
6
are
targeted
for
recruitment
by
those
7
transnational criminal organizations.
8
(H) Activities to specifically increase en-
9
gagement and outreach with youth in border
10
communities, including regarding the recruit-
11
ment tactics of transnational criminal organiza-
12
tions and the consequences of participation in
13
illicit activities.
14
(2) LIMITATION.—The strategy required under
15
subsection (a) shall not include legislative rec-
16
ommendations or elements predicated on the passage
17
of legislation that is not enacted as of the date on
18
which the strategy is submitted, including with re-
19
spect to encryption policies or reforms to section 230
20
of the Communications Act of 1934 (47 U.S.C.
21
230).
22
(c) CONSULTATION.—In drafting and implementing
23
the strategy required under subsection (a), the Secretary
24
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•HR 2393 IH
shall, at a minimum, consult and engage with the fol-
1
lowing:
2
(1) The heads of relevant components of the
3
Department, including the following:
4
(A) The Commissioner of U.S. Customs
5
and Border Protection.
6
(B) The Under Secretary for Intelligence
7
and Analysis.
8
(C) The Under Secretary for Science and
9
Technology.
10
(D) The Director of U.S. Immigration and
11
Customs Enforcement.
12
(E) The Officer for Civil Rights and Civil
13
Liberties.
14
(F) The Privacy Officer.
15
(2) The Secretary of State.
16
(3) The Director of the Federal Bureau of In-
17
vestigation.
18
(4) The Administrator of the Drug Enforce-
19
ment Agency.
20
(5) Representatives of border communities, in-
21
cluding representatives of the following:
22
(A) State, local, and Tribal governments,
23
including school districts and local law enforce-
24
ment.
25
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•HR 2393 IH
(B) Nongovernmental organizations.
1
(6) Covered operators, including representatives
2
of the following:
3
(A) Social media platforms, including oper-
4
ators of platforms or applications—
5
(i) displaying short-form videos cre-
6
ated by users or third parties;
7
(ii)
providing
ephemeral
content
8
transmission services; or
9
(iii) using algorithms or other means
10
of content prioritization to display a feed
11
of content or advertisements created by
12
users or third parties to other users.
13
(B) Interactive entertainment platforms
14
and publishers.
15
(C) Companies developing immersive tech-
16
nology platforms and applications on those plat-
17
forms.
18
(7) Nongovernmental experts in the fields of
19
the following:
20
(A) Civil rights and civil liberties.
21
(B) Online privacy.
22
(C) Humanitarian assistance for migrants.
23
(D) Youth outreach and rehabilitation.
24
(d) IMPLEMENTATION.—
25
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•HR 2393 IH
(1) IN GENERAL.—Not later than 90 days after
1
the date on which the strategy required under sub-
2
section (a) is submitted to the appropriate congres-
3
sional committees, the Secretary shall commence im-
4
plementation of the strategy.
5
(2) REPORT.—
6
(A) IN
GENERAL.—Not later than 180
7
days after the date on which the strategy re-
8
quired under subsection (a) is implemented
9
under paragraph (1) and semiannually there-
10
after for five years, the Secretary shall submit
11
to the appropriate congressional committees a
12
report describing the efforts of the Secretary to
13
implement the strategy and the progress of
14
those efforts, which shall include a description
15
of the following:
16
(i) The recommendations, and cor-
17
responding implementation of those rec-
18
ommendations, with respect to the matters
19
described in subsection (b)(1)(B) relating
20
to the mechanism required under section
21
5(a)(2).
22
(ii) The interagency posture with re-
23
spect to the matters covered by the strat-
24
egy required under subsection (a), which
25
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•HR 2393 IH
shall include a description of collaboration
1
between the Secretary, other Federal enti-
2
ties, State, local, and Tribal entities, and
3
foreign governments.
4
(iii) Actions taken pursuant to sub-
5
section (c) that occurred between the Sec-
6
retary and the entities described in para-
7
graphs (5) through (7) of that subsection,
8
provided that such summaries are provided
9
only in a classified or other non-public
10
manner.
11
(iv) The threat landscape, including
12
new developments related to the United
13
States recruitment efforts of transnational
14
criminal organizations and the use by
15
those organizations of new or emergent
16
covered services and recruitment methods.
17
(B) FORM.—Each report required under
18
subparagraph (A) shall be submitted in unclas-
19
sified form, but may contain a classified annex.
20
SEC. 5. INTELLIGENCE COLLECTION AND DISSEMINATION.
21
(a) IN GENERAL.—Not later than 90 days after the
22
date on which the strategy required under section 4(a) is
23
required to be submitted to the appropriate congressional
24
committees, the Secretary shall identify a designee—
25
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•HR 2393 IH
(1) to receive, process, and disseminate infor-
1
mation and communications involving the use of cov-
2
ered services by transnational criminal organizations
3
or criminal enterprises acting on their behalf to re-
4
cruit individuals located in the United States to en-
5
gage in or provide support with respect to illicit ac-
6
tivities occurring in the United States, Mexico, or
7
otherwise in proximity to an international boundary
8
of the United States; and
9
(2) to establish a mechanism, or if the designee
10
determines appropriate, multiple mechanisms, for
11
covered operators to voluntarily report relevant in-
12
formation or communications described in paragraph
13
(1).
14
(b) PROCEDURE.—Upon the identification of the des-
15
ignee and the establishment of the voluntary reporting
16
mechanism
[Text truncated for display. Full text available on Congress.gov.]