What This Bill Does
This bill requires the Secretary of Homeland Security to create a new task force unit to investigate illegal arms smuggling across the border between the United States and Mexico. The task force will work to stop weapons, weapon parts, explosives and related items from being smuggled from the United States to Mexico.
Who It Affects
Federal law enforcement agencies including U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. State, local and tribal law enforcement agencies. Mexican law enforcement agencies. Congress.
Key Provisions
• The Secretary of Homeland Security must establish a Border Enforcement Security Task Force unit to investigate transnational criminal organization arms smuggling (meaning criminal groups that operate across multiple countries) across the US-Mexico border. (Sec. 2(a))
• The task force must focus on reducing arms smuggling from the United States to Mexico and apprehending arms smugglers within the United States or crossing to Mexico. (Sec. 2(b)(1) and 2(b)(2))
• The task force must coordinate with the Bureau of Alcohol, Tobacco, Firearms and Explosives to receive comprehensive data on seized firearms in Mexico through an electronic tracing system. (Sec. 2(b)(3))
• The task force will be composed of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and other Federal, State, local, Tribal and foreign law enforcement agencies as appropriate. (Sec. 2(c))
• The Secretary of Homeland Security and the Attorney General must submit a report to Congress identifying what technology, personnel and resources are needed for the task force. (Sec. 2(d))
What Changes
A new task force unit will be created within the Department of Homeland Security dedicated to investigating arms smuggling to Mexico. The 2009 memorandum of understanding between Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives will be updated to improve coordination on illegal arms trafficking efforts. (Sec. 2(e))
Important Definitions
Transnational criminal organization: criminal groups that operate across multiple countries.
Effective Date
The task force must be established not later than 180 days after the bill becomes law. (Sec. 2(a))
I
118TH CONGRESS
1ST SESSION
H. R. 331
To require the Secretary of Homeland Security to establish a Border Enforce-
ment Security Task Force unit to investigate transnational criminal
organization arms smuggling across the international border between
the United States and Mexico, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 12, 2023
Mr. GALLAGHER (for himself and Ms. SLOTKIN) introduced the following bill;
which was referred to the Committee on Homeland Security
A BILL
To require the Secretary of Homeland Security to establish
a Border Enforcement Security Task Force unit to inves-
tigate transnational criminal organization arms smug-
gling across the international border between the United
States and Mexico, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Illicit Arms Trafficking
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Security Enforcement Act’’.
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•HR 331 IH
SEC. 2. BORDER ENFORCEMENT SECURITY TASK FORCE
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UNIT FOR ARMS SMUGGLING.
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(a) ESTABLISHMENT.—Not later than 180 days after
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the date of the enactment of this Act, the Secretary of
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Homeland Security shall, pursuant to section 432 of the
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Homeland Security Act of 2002 (6 U.S.C. 240), establish,
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in consultation with the National Targeting Center of U.S.
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Customs and Border Protection and the Bureau of Alco-
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hol, Tobacco, Firearms and Explosives of the Department
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of Justice, a Border Enforcement Security Task Force
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unit to investigate transnational criminal organization
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arms smuggling across the international border between
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the United States and Mexico.
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(b) PURPOSES.—The Border Enforcement Security
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Task Force unit established in accordance with subsection
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(a) shall focus on the following:
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(1) Reducing arms smuggling of weapons,
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weapon parts, munitions, explosives, and related
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items from the United States to Mexico.
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(2) Apprehending, or working with relevant law
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enforcement to apprehend, arms smugglers within
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the United States or crossing from the United
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States to Mexico.
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(3) Ensuring coordination with the Bureau of
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Alcohol, Tobacco, Firearms, and Explosives to re-
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ceive comprehensive data on seized firearms in Mex-
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•HR 331 IH
ico through an electronic tracing system or a suc-
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cessor system.
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(4) Deconflicting arms trafficking investigations
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between the Department of Homeland Security and
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the Department of Justice.
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(c) COMPOSITION.—The Border Enforcement Secu-
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rity Task Force unit established in accordance with sub-
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section (a) shall be composed of the following:
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(1) U.S. Customs and Border Protection.
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(2) U.S. Immigration and Customs Enforce-
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ment, led by Homeland Security Investigations.
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(3) Other Department of Homeland Security
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personnel, as appropriate.
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(4) The Bureau of Alcohol, Tobacco, Firearms,
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and Explosives, with the approval of the Attorney
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General.
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(5) Other Federal, State, local, Tribal, and for-
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eign law enforcement agencies, including Mexican
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law enforcement agencies, as appropriate.
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(d) RESOURCES.—Not later than 180 days after the
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date of the enactment of this Act, the Secretary of Home-
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land Security, in coordination with the Attorney General,
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shall submit to Congress a report that identifies tech-
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nology, dedicated personnel, and other resources required
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for the following purposes relating to the establishment
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•HR 331 IH
of the Border Enforcement Security Task Force unit in
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accordance with subsection (a):
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(1) Continuation of Operation Without a Trace
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and related Bureau of Alcohol, Tobacco, Firearms,
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and Explosives agency strategy.
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(2) Conducting pilot programs and operations.
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(3) Joint training operations.
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(e) MEMORANDUM OF UNDERSTANDING.—Not later
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than 180 days after the date of the enactment of this Act,
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the Secretary of Homeland Security and the Attorney
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General shall update the 2009 memorandum of under-
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standing between Homeland Security Investigations and
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the Bureau of Alcohol, Tobacco, Firearms, and Explosives
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relating to improving coordination on efforts to combat il-
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legal arms trafficking.
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Æ
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