[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4647 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4647
To require the transfer of regulatory control of certain munitions
exports from the Department of Commerce to the Department of State, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 9, 2024
Mr. Cardin (for himself, Mr. Kaine, Mr. Murphy, Mr. Durbin, Ms. Warren,
and Mr. Markey) introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To require the transfer of regulatory control of certain munitions
exports from the Department of Commerce to the Department of State, 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 TITLES; TABLE OF CONTENTS.
(a) Short Titles.--This Act may be cited as the ``Americas Regional
Monitoring of Arms Sales Act of 2024'' or the ``ARMAS Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short titles; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Transfer of regulatory control of certain munitions exports
from Department of Commerce to Department
of State.
Sec. 5. Reports and strategy on disruption of illegal export and
trafficking of firearms to Mexico and
certain Central American, Caribbean, and
South American countries.
Sec. 6. Designation of covered countries.
Sec. 7. Certification requirements relating to certain munitions
exports.
Sec. 8. Limitation on licenses and other authorizations for export of
certain items removed from the Commerce
Control List and included on the United
States Munitions List.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Violence in Mexico, Central America, and the Caribbean
is exacerbated by firearms originating in the United States.
(2) While firearms are trafficked to Mexico from a variety
of countries, firearms originating in the United States account
for 70 percent of the firearms recovered and traced from crimes
in Mexico, according to the 2021 Government Accountability
Office (referred to in this section as ``GAO'') report
published by the Comptroller General of the United States
titled ``Firearms Trafficking: U.S. Efforts to Disrupt Gun
Smuggling into Mexico Would Benefit from Additional Data and
Analysis''.
(3) United States-origin firearm flows contribute to human
rights violations, organized crime and gang violence,
extrajudicial killings, high homicide rates, domestic violence,
and femicides in Mexico, Central America, and the Caribbean.
(4) Firearms trafficking from the United States and firearm
violence are key drivers of immigration and asylum claims from
Central America.
(5) According to the United Nations Regional Centre for
Peace, Disarmament and Development in Latin America and the
Caribbean, firearms are used in 70 percent of homicides in the
Caribbean compared to 30 percent globally, and while the
Caribbean constitutes less than 1 percent of the global
population, 23 percent of all recorded homicides worldwide take
place in the Caribbean.
(6) In an August 2022 press conference, Homeland Security
Investigations officials reported a ``marked uptick in the
number of weapons'', and an increase in the caliber and type of
weapons, being illegally trafficked to Haiti and the rest of
the Caribbean.
(7) The Caribbean Basin Security Initiative of the
Department of State, which commenced in 2009--
(A) is the regional foreign assistance program of
the United States that seeks to reduce illicit
trafficking in the Caribbean region and advance public
safety and security;
(B) seeks to improve the capacity of Caribbean
countries to intercept smuggled weapons at airports and
seaports;
(C) provides support for forensic ballistics and
firearms destruction and stockpile management; and
(D) has also included support for regional
organizations, including--
(i) the Caribbean Community Implementation
Agency for Crime and Security (CARICOM IMPACS),
which based in Trinidad and Tobago, and is the
lead agency involved in the issue of illicit
firearms trafficking and increasing the
capacity of member states to detect and prevent
firearms trafficking; and
(ii) the Eastern Caribbean's Regional
Security System, which is based in Barbados.
(8) The Central America Regional Security Initiative of the
Department of State has been working since 2010 to promote
long-term investments in Central America--
(A) to increase citizen security;
(B) to disrupt illicit trafficking; and
(C) to enhance the capacity and accountability of
governments in the region to establish effective state-
presence and security in violent communities.
(9) Two GAO reports on firearms trafficking, which were
published in 2021 and 2022, respectively, have affirmed that
firearms trafficking to Mexico and Central America continues to
represent a security concern to the United States, as United
States-origin firearms are diverted from legitimate owners and
end up in the hands of violent criminals, including drug
traffickers and other transnational criminal organizations. A
GAO report on the effect of firearms trafficking in the
Caribbean has not yet been compiled.
(10) In the reports referred to in paragraph (9), the
Comptroller General of the United States found that--
(A) Federal departments and agencies lacked
information and analysis of the firearms trafficking
networks in Mexico and Central America;
(B) few efforts by the United States Government in
the region focused on firearms trafficking; and
(C) as a result, Federal departments and agencies
lack a detailed understanding of the firearms
trafficking that fuels violence and enables criminals
in Belize, El Salvador, Guatemala, Honduras, and
Mexico.
(11) Firearms used to kidnap and kill a group of United
States citizens traveling in Matamoros, Mexico were illegally
smuggled from the United States into Mexico. The suspect in
these killings admitted to Federal agents that he purchased
firearms in the United States, smuggled them across the border,
and knowingly provided them to members of the Gulf Cartel.
(12) As the incident described in paragraph (11)
demonstrates, United States-sourced firearms are being smuggled
and diverted to cartels implicated in the supply and flow of
illegal fentanyl and other dangerous drugs, which threatens the
public health and safety of United States citizens.
(13) In the 2022 GAO report ``Firearms Trafficking: More
Information Needed to Inform U.S. Efforts in Central America'',
the Comptroller General of the United States reported that
efforts of the United States Government focused on firearms
trafficking in Belize, El Salvador, Guatemala, and Honduras
lacked information about relevant country conditions and
performance measures to ensure such efforts were designed and
implemented to achieve the intended objectives and, as a
result, the Comptroller General recommended that the Secretary
of State obtain information about the conditions in such
countries to support the development of effective programs to
reduce the availability of illicit firearms.
(14) Data on firearms trafficking is limited. Data
compilation is crucial to understanding the problem.
(15) As of the date of the publication of the report
referred to in paragraph (13), the Secretary of Commerce had
not assigned any agents to Central America on permanent
assignment.
(16) In 2021 and 2022, the annual Country Reports on Human
Rights Practices of the Department of State included ``unlawful
and arbitrary killings'' as a significant human rights issue in
Guatemala. Despite such inclusion, the Under Secretary of
Commerce for Industry and Security has authorized approximately
99,270 firearms exports to Guatemala since assuming
responsibility for firearms licensing in 2020.
(17) When firearms were controlled under the United States
Munitions List and the licensing of firearms was the
responsibility of the Secretary of State, the average number of
firearms licensed for export to Guatemala was approximately
4,000 per year.
(18) The number of exports specified in paragraph (16)
represents an extraordinary increase from the number specified
in paragraph (17). The Under Secretary of Commerce for Industry
and Security has only been able to conduct a very limited
number of end-use checks, according to the 2022 GAO report
``Firearms Trafficking: More Information Needed to Inform U.S.
Efforts in Central America''.
(19) Since the Department of Commerce gained jurisdiction
over the control of firearm export licensing--
(A) there has been a 42 percent increase in firearm
exports compared to averages for such exports when the
control of such exports was under the jurisdiction of
the Department of State;
(B) the total value of export licenses approved
annually has increased by an estimated $4,450,000,000;
and
(C) the Secretary of Commerce has also approved 95
percent of license applications for such exports.
(20) According to the Census Bureau, Mexico, Guatemala, and
Brazil have been among the top 10 destinations for United
States-manufactured semiautomatic firearm exports.
(21) The 2021 security cooperation plan, titled ``U.S.-
Mexico Bicentennial Framework for Security, Public Heath, and
Safe Communities'', explicitly identifies reducing illicit arms
trafficking as a ``Cooperation Area'' with specific
objectives--
(A) to increase efforts to reduce the illicit
trafficking of firearms, ammunition, and explosive
devices;
(B) to increase bilateral information sharing on
illicit firearms trafficking; and
(C) to increase investigative and prosecutorial
capacity to address illicit firearms trafficking.
(22) As of March 2023, during the second phase of the
Bicentennial Framework referred to in paragraph (21)--
(A) the United States and Mexico were focusing
specifically on stemming firearms trafficking to
Mexico; and
(B) the Department of Justice's Operation
Southbound had deployed 9 interagency Firearms
Trafficking Task Forces to 8 cities along the southwest
border to focus on such firearms trafficking, which
resulted in the seizure of nearly 2,000 firearms during
the first 6 months of fiscal year 2023, and represents
a 65.8 percent increase in firearms seizures compared
to the same period during fiscal year 2022.
(23) Homeland Security Investigations has reported a surge
in firearms trafficking from the United States to Haiti since
2021, and the recovery of increasingly sophisticated arms
destined for ports in Haiti, including--
(A) .50 caliber sniper rifles;
(B) .308 caliber rifles; and
(C) belt-fed machine guns.
(24) The 2023 Assessment by the United Nations Office on
Drugs and Crime, titled ``Haiti's Criminal Markets: Mapping
Trends in Firearms and Drug Trafficking'', outlines the use of
increasingly sophisticated methods, including a 2022 seizure of
containers filled with semi-automatic weapons and handguns
addressed to the Episcopal Church and labeled as relief
supplies.
(25) The Bipartisan Safer Communities Act (Public Law 117-
159), which was enacted into law on June 25, 2022, implemented
key efforts to address firearm trafficking, including--
(A) establishing a Federal criminal offense for
firearm trafficking; and
(B) strengthening the capability of the Bureau of
Alcohol, Tobacco, Firearms and Explosives to interdict
firearms.
(26) A growing number of firearms exported by United States
manufacturers are found involved in violent crimes worldwide,
including the pistol used in a mass shooting of 23 children and
two teachers in Thailand in October 2022, which was linked to a
United States factory.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(2) Covered country.--The term ``covered country'' means
any country designated by the Secretary of State pursuant to
section 6 as a covered country.
(3) Covered munition.--The term ``covered munition''
means--
(A) any previously covered item; or
(B) any item that, on or after the date of the
enactment of this Act, is designated for control under
Category I, II, or III of the United States Munitions
List pursuant to section 38 of the Arms Export Control
Act (22 U.S.C. 2778) or otherwise subject to control
under any such category.
(4) Firearm.--The term ``firearm'' includes covered
munitions.
(5) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given such term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
(6) Previously covered item.--The term ``previously covered
item'' means any item that--
(A) as of March 8, 2020, was included in Category
I, II, or III of the United States Munitions List; and
(B) as of the date of the enactment of this Act, is
included on the Commerce Control List.
(7) Security assistance.--The term ``security assistance''
includes--
(A) any type of assistance specified in section
502B(d)(2) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304); and
(B) assistance furnished under an international
security assistance program of the United States
conducted under any other provision of law, including
the authorities under chapter 16 of title 10, United
States Code.
(8) United states munitions list.--The term ``United States
Munitions List'' means the list maintained pursuant to part 121
of title 22, Code of Federal Regulations.
SEC. 4. TRANSFER OF REGULATORY CONTROL OF CERTAIN MUNITIONS EXPORTS
FROM DEPARTMENT OF COMMERCE TO DEPARTMENT OF STATE.
(a) Transfer.--Not later than 1 year after the date of the
enactment of this Act--
(1) the Secretary of Commerce shall transfer the control
over the export of each previously covered item to the
jurisdiction of the Department of State; and
(2) following such transfer, control over the export of any
covered munition may not be transferred to the jurisdiction of
the Department of Commerce.
(b) Rulemaking.--The Secretary of State and the Secretary of
Commerce shall prescribe such regulations as may be necessary to
implement this section by the date specified in subsection (a).
(c) Prohibition on Promotion of Certain Munitions Exports by
Department of Commerce.--The Secretary of Commerce may not take any
actions to promote the export of any previously covered item, including
actions before, on, or after the date on which the Secretary transfers
the control over the export of the previously covered item to the
jurisdiction of the Department State under subsection (a).
(d) Rule of Construction.--Nothing in this section may be construed
as limiting any authority relating to the designation, control, or
removal of items under the United States Munitions List or the Commerce
Control List, other than the specific authority to transfer the control
of an item as specified in subsection (a).
SEC. 5. REPORTS AND STRATEGY ON DISRUPTION OF ILLEGAL EXPORT AND
TRAFFICKING OF FIREARMS TO MEXICO AND CERTAIN CENTRAL
AMERICAN, CARIBBEAN, AND SOUTH AMERICAN COUNTRIES.
(a) Report.--
(1) Submission.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Commerce, the Attorney
General, the Director of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, and the heads of such other Federal
departments or agencies as the Secretary of State may determine
relevant, shall submit a report to the appropriate
congressional committees that describes the efforts of the
Secretary of State and the heads of other relevant Federal
departments and agencies to disrupt--
(A) the illegal export or diversion of firearms
from the United States to unauthorized recipients in
covered countries, including through unauthorized
third-party transfers; and
(B) the illegal trafficking of firearms obtained in
the United States to recipients in such countries.
(2) Matters.--The report required under paragraph (1) shall
include, with respect to the efforts specified in such
paragraph--
(A) the identification of any such efforts,
including efforts--
(i) to track and verify information
regarding the end-users of firearms so
exported, including by entering into data-
sharing agreements--
(I) with appropriate counterparts
from the governments of such covered
countries; and
(II) between the relevant
departments and agencies of the United
States Government;
(ii) to ensure the destruction of surplus
firearms so exported;
(iii) to ensure that firearms so exported
are not used to commit extrajudicial killings
or other gross violations of internationally
recognized human rights;
(iv) to build the capacity of such covered
countries to prevent the trafficking of
firearms so exported, including through current
programs supported or implemented by the United
States Government;
(v) to track and verify information
regarding the end-users of firearms obtained in
the United States and illegally trafficked to
such covered countries;
(vi) to combat all forms of cross-border
smuggling of firearms from the United States,
including via maritime vessels and aircraft;
(vii) to engage with subnational government
officials in such covered countries to
effectively implement and enforce agreements
relating to the trafficking of firearms that
have been concluded between the United States
Government and the national government of the
respective covered country;
(viii) to identify the origin of trafficked
firearms, including through the serial numbers
of trafficked firearms, and sharing such
information with relevant law enforcement
agencies of--
(I) the United States;
(II) the respective covered
country; and
(III) any other country determined
relevant for purposes of such
information sharing;
(ix) to implement--
(I) the ``U.S.-Mexico Bicentennial
Framework for Security, Public Heath,
and Safe Communities'';
(II) any successor or subsequent
bilateral agreements with Mexico; or
(III) similar bilateral agreements
with any other covered country on
combating firearm trafficking,
transnational organizations, or
fentanyl;
(x) to implement the recommendations made
in--
(I) the 2021 GAO report titled
``Firearms Trafficking: U.S. Efforts to
Disrupt Gun Smuggling into Mexico Would
Benefit from Additional Data and
Analysis'';
(II) the 2022 GAO report titled
``Firearms Trafficking: More
Information Needed to Inform U.S.
Efforts in Central America''; and
(III) the forthcoming GAO report
that focuses on a similar topic for the
Caribbean; and
(xi) to enhance cooperation among relevant
Federal departments and agencies to combat
firearms trafficking and prosecute illegal
firearm smugglers;
(B) an assessment of the results of the efforts
described in subparagraph (A);
(C) an assessment of the impact that the March 2020
decision to transfer jurisdiction over the export of
semiautomatic weapons, including assault-style rifles
and sniper rifles, from the Department of State to the
Department of Commerce has had on the number of and
types of firearms manufactured in the United States
being sent to covered countries; and
(D) a description of how homicides, extrajudicial
killings, and other gross violations of internationally
recognized human rights committed in such covered
countries using firearms exported from or obtained in
the United States have been investigated.
(b) Interagency Strategy.--
(1) In general.--The Secretary of State, in consultation
with the Secretary of Commerce, taking into account the
findings of the report required under subsection (a), shall
jointly develop an interagency strategy for the disruption of
the trafficking of firearms exported from the United States to
recipients in covered countries.
(2) Elements.--The strategy under paragraph (1) shall
include--
(A) a plan for the United States to accomplish each
of the objectives specified in subsection (a)(2)(A);
(B) the identification of specific performance
measures, targets (including the baselines for such
targets), and timelines with respect to such
objectives;
(C) an estimate of the resources and personnel
necessary to carry out the strategy;
(D) a plan for cooperation between the Secretary of
State, the Secretary of Commerce, and the heads of any
other Federal departments or agencies involved in anti-
firearm trafficking efforts, including the Attorney
General, the Secretary of Homeland Security, and the
Director of the Bureau of Alcohol, Tobacco, Firearms
and Explosives; and
(E) a plan for coordination between the Secretary
of State, the Secretary of Commerce, and such heads
regarding efforts in countries designated as covered
countries under section 5 to combat the trafficking of
United States-sourced firearms--
(i) from the United States to such
designated countries; and
(ii) from such designated countries to
other countries in the surrounding region.
(3) Required considerations; consultations.--In developing
the strategy required under paragraph (1), the Secretary of
State shall--
(A) consider how the strategy may support or
otherwise align with broader efforts of the Secretary
of State relating to security assistance, anti-
corruption, and the prevention of organized crime and
drug and gang violence;
(B) consider whether the placement in the Western
Hemisphere of an export control officer of the Bureau
of Industry and Security of the Department of Commerce,
or other personnel of the Department of Commerce or the
Department of State, would support the strategy;
(C) consult with the appropriate congressional
committees; and
(D) seek to consult with appropriate counterparts
from the government of each covered country.
(4) Submission to congress.--Not later than 1 year after
the date of the enactment of this Act, the Secretary of State
shall submit the strategy required under paragraph (1) to the
appropriate congressional committees.
(c) Improved Tracking of Trafficked Firearms.--
(1) Assessment of data availability.--Not later than 180
days after the date on which a country is designated (or deemed
to be designated, as the case may be) as a covered country
pursuant to section 6, the Secretary of State, in consultation
with the Secretary of Commerce, the Attorney General, the
Director of the Bureau of Alcohol, Tobacco, Firearms and
Explosives, and the heads of such other Federal departments or
agencies as the Secretary of State may determine relevant,
shall conduct and submit to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the House
of Representatives an assessment of the extent to which the law
enforcement agencies of such covered country make available to
the United States Government forensic information of trafficked
firearms.
(2) Addressing gaps in data.--For the duration of the
period during which a country is designated as a covered
country pursuant to section 6, the Secretary of State shall--
(A) seek to engage with the foreign counterparts of
the government of such covered country to improve the
collection and sharing of the forensic information of
trafficked firearms confiscated by the law enforcement
agencies of such covered country; and
(B) promptly provide any such forensic information
shared pursuant to subparagraph (A) to the relevant
Federal, State, and local law enforcement agencies for
purposes of use in criminal or civil investigations
into violations of relevant United States Federal laws,
including the Arms Export Control Act (22 U.S.C. 2751
et seq.).
(3) Forensic information defined.--In this subsection, the
term ``forensic information'', with respect to a trafficked
firearm, includes--
(A) the serial number of the firearm; and
(B) any other information that may be used to
identify the origin of the firearm or any person or
organization involved in the trafficking of the
firearm.
(d) Annual Report.--
(1) Submission.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary or Secretaries concerned (in consultation with the
heads of such other Federal departments or agencies as the
Secretary or Secretaries concerned may determine relevant)
shall submit a report to the appropriate congressional
committees that describes the export of covered munitions to
covered countries.
(2) Matters.--Each report under paragraph (1) shall
include, with respect to the year for which the report is
submitted, disaggregated by country--
(A) information regarding license applications
approved or denied by the Department of State or the
Department of Commerce, and previously issued licenses
for the export of covered munitions to proposed
recipients in covered countries that have been modified
or revoked;
(B) information regarding how evolving country
contexts, including with respect to developments in
human rights, affected the approval of license
applications for such exports;
(C) the number of licenses issued for the export of
covered munitions to proposed recipients in covered
countries;
(D) the number of covered munitions exported to
recipients in covered countries;
(E) with respect to end-user checks for covered
munitions exported to recipients in covered countries
conducted pursuant to section 38(g)(7) of the Arms
Export Control Act (22 U.S.C. 2778(g)(7)) (commonly
referred to as the ``Blue Lantern'' program), the
monitoring program established under the second section
40A of the Arms Export Control Act (22 U.S.C. 2785) (as
added by section 150(a) of Public Law 104-164), or any
other applicable program of the Department of Commerce
or the Department of State--
(i) the number of such end-user checks
requested;
(ii) the number of such end-user checks
conducted;
(iii) the type of such end-user checks
conducted; and
(iv) the results of such end-user checks
conducted;
(F) information on the extent to which the heads of
the governments of covered countries shared with the
Secretary or Secretaries concerned and the heads of
other relevant Federal departments and agencies (such
as the Bureau of Alcohol, Tobacco, Firearms and
Explosives) data relating to the receipt and end-use of
covered munitions exported from the United States, and
the type of data so shared; and
(G) for each covered country, a description of the
United States funding and resources allocated for the
purpose of disrupting trafficking of covered munitions.
(3) Secretary or secretaries concerned defined.--In this
subsection, the term ``Secretary or Secretaries concerned''
means--
(A) if a single Federal department or agency has
jurisdiction over the export control of covered
munitions, the head of such Federal department or
agency; or
(B) if multiple Federal departments or agencies
have jurisdiction over the export control of covered
munitions, the head of each such Federal department or
agency.
SEC. 6. DESIGNATION OF COVERED COUNTRIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Bahamas, Belize, Brazil, Colombia, Ecuador,
El Salvador, Guatemala, Honduras, Mexico, Haiti, Jamaica, and Trinidad
and Tobago shall be designated by the Secretary of State as covered
countries for purposes of this Act.
(b) Termination of Designation.--The countries designated pursuant
to subsection (a) shall continue to be so designated during the 5-year
period beginning on the date of enactment of this Act, after which
period the Secretary of State may terminate the designation with
respect to any such country if, at least 180 days before such
termination, the Secretary submits a notification of such termination
to the appropriate congressional committees.
SEC. 7. CERTIFICATION REQUIREMENTS RELATING TO CERTAIN MUNITIONS
EXPORTS.
(a) Initial Certification; Prohibition.--
(1) In general.--Except as provided in paragraph (2), no
covered munition may be transferred to the government of a
covered country, or any other organization, citizen, or
resident of such covered country, until the Secretary of State
submits to the appropriate congressional committees a
certification that the program required under subsection (c)
has been established.
(2) Waiver.--During the 1-year period beginning on the
effective date described in subsection (d), the Secretary of
State may waive the certification requirement under paragraph
(1) with respect to the transfer of a covered munition to the
government of a country described in paragraph (1) if the
Secretary--
(A) certifies to the appropriate congressional
committees that such waiver is in the national security
interest of the United States; and
(B) includes a written justification with such
certification.
(b) Review and Recertification.--
(1) In general.--Not later than 3 years after the date of
the submission of the certification pursuant to subsection (a)
for a covered country, and annually thereafter until such time
as the designation of such country is terminated pursuant to
section 6(d), the Secretary of State shall review, and submit
to the appropriate congressional committees a recertification
of, such certification.
(2) Prohibition.--If the Secretary of State is unable to
recertify a covered country as required under paragraph (1), no
covered munition may be transferred to the government of the
covered country, or any other organization, citizen, or
resident of such covered country, until the date on which the
Secretary is able to so recertify.
(c) Program.--
(1) Establishment.--The Secretary of State shall establish
and carry out a program under which the Secretary shall
prohibit the retransfer of covered munitions transferred to
covered countries without the consent of the United States and
provide for the registration and end-use monitoring of such
covered munitions in accordance with the requirements described
in paragraph (2).
(2) Requirements.--
(A) Detailed record.--The Secretary shall maintain
a detailed record of the origin, shipping, and
distribution of covered munitions transferred to
covered countries.
(B) Registration.--The Secretary shall register the
serial numbers of all covered munitions, which shall be
provided to the governments of covered countries and
other organizations, citizens, and residents within
such covered countries.
(C) End-use monitoring.--The Secretary shall carry
out a program for the end-use monitoring of covered
munitions transferred to the entities and individuals
described in subparagraph (B).
(3) Review of database.--In prohibiting the retransfer of
covered munitions without the consent of the United States
pursuant to the program established pursuant to paragraph (1),
the Secretary of State, in consultation with the Secretary of
Commerce, shall--
(A) review the database of the Department of State
that stores records relating to vetting conducted
pursuant to section 620M of the Foreign Assistance Act
of 1961 (22 U.S.C. 2378d) or section 362 of title 10,
United States Code, known as the ``International
Vetting and Security Tracking-cloud system'' or
``INVEST system'' (or any successor database), for any
such records relating to the prospective recipients of
such retransfer; and
(B) ensure that such consent is not granted for any
such prospective recipient who the Secretary of State
determines, taking into account the review under
subparagraph (A), is credibly implicated in a gross
violation of internationally recognized human rights.
(4) Data storage and sharing.--In carrying out the program
established pursuant to paragraph (1), the Secretary of State
shall--
(A) ensure that any data received pursuant to such
program is stored and maintained in a database of the
Department of State; and
(B) to the extent practicable, provide for the
sharing of such data with the Secretary of Commerce and
the heads of such other Federal departments or agencies
as the Secretary of State may determine relevant.
(d) Effective Date.--This section shall take effect on the date
that is 1 year after the date on which the Secretary of Commerce
completes the transfer of the control over the export of previously
covered items to the jurisdiction of the Department of State pursuant
to section 4(a).
SEC. 8. LIMITATION ON LICENSES AND OTHER AUTHORIZATIONS FOR EXPORT OF
CERTAIN ITEMS REMOVED FROM THE COMMERCE CONTROL LIST AND
INCLUDED ON THE UNITED STATES MUNITIONS LIST.
(a) In General.--The Secretary of State may not grant an export
license or other authorization for the export of a previously covered
item unless, before granting such license or other authorization, the
Secretary submits to the appropriate congressional committees a written
certification with respect to such proposed export license or other
authorization containing--
(1) the name of the person applying for the license or
other authorization;
(2) the name of the person who is the proposed recipient of
the export;
(3) the name of the country or international organization
to which the export will be made;
(4) a description of the items proposed to be exported; and
(5) the value of the items proposed to be exported.
(b) Form.--Each certification required under subsection (a) shall
be submitted in unclassified form, except that information regarding
the dollar value and number of items proposed to be exported may be
restricted from public disclosure if such disclosure would be
detrimental to the security of the United States.
(c) Deadlines.--Each certification required under subsection (a)
shall be submitted--
(1) not later than 15 days before a proposed export license
or other authorization is granted in the case of a transfer of
items to a country which is a member of the North Atlantic
Treaty Organization or Australia, Japan, the Republic of Korea,
Israel, or New Zealand, and
(2) not later than 30 days before a proposed export license
or other authorization is granted in the case of a transfer of
items to any other country.
(d) Congressional Resolution of Disapproval.--A proposed export
license or other authorization described in subsection (c)(1) shall
become effective after the end of the 15-day period described in such
subsection, and a proposed export license or other authorization
described in subsection (c)(2) shall become effective after the end of
the 30-day period specified in such subsection if Congress does not
enact, within the applicable time period, a joint resolution
prohibiting the export of the covered item for which the export license
or other authorization was proposed.
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