No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3508 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3508
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
December 16, 2025
Mr. Murphy (for himself, Mr. Kaine, Mr. Markey, Mr. Durbin, and Ms.
Warren) 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 2025'' or the ``ARMAS Act of 2025''.
(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 the Department of Commerce to the
Department of State.
Sec. 5. Reports and strategy on disruption of illegal export and
trafficking of firearms to Mexico and
certain Central American and Caribbean
countries.
Sec. 6. Increasing participation in the eTrace program.
Sec. 7. Modifications to the Caribbean Basin Security Initiative.
Sec. 8. Designation of covered countries.
Sec. 9. Certification requirements relating to certain munitions
exports.
Sec. 10. 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. 11. Prohibitions on promotion of covered munitions.
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 and
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--
(A) firearms are used in 70 percent of homicides in
the Caribbean compared to 30 percent globally; and
(B) 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 weapons
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) 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.
(9) In the reports referred to in paragraph (8), the
Comptroller General of the United States determined 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
that region focused on firearms trafficking; and
(C) Federal departments and agencies lack a
detailed understanding of the firearms trafficking that
fuels violence and arms criminals in Belize, El
Salvador, Guatemala, Honduras, and Mexico.
(10) Firearms that were 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 United States border, and knowingly provided them to
members of the Gulf Cartel.
(11) As the incident described in paragraph (10)
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.
(12) In the 2022 GAO report titled ``Firearms Trafficking:
More Information Needed to Inform U.S. Efforts in Central
America'', the Comptroller General of the United States--
(A) reported 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
(B) recommended 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.
(13) As of the date of the publication of the report
referred to in paragraph (12), the Secretary of Commerce had
not assigned any agents to Central America on permanent
assignment.
(14) 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 on March 9, 2020.
(15) When firearms were controlled under the United States
Munitions List and the licensing of firearms for export was the
responsibility of the Secretary of State, the average number of
firearms licensed for export to Guatemala was approximately
4,000 per year.
(16) The number of firearms recently exported to Guatemala,
as specified in paragraph (14), represents an extraordinary
increase from the average number of firearms exported to
Guatemala before the transfer of licensing responsibility, as
specified in paragraph (15). According to the 2022 GAO report
titled ``Firearms Trafficking: More Information Needed to
Inform U.S. Efforts in Central America'', the Under Secretary
of Commerce for Industry and Security has only been able to
conduct a very limited number of end-use checks.
(17) Since the Department of Commerce gained jurisdiction
over the control of firearm export licensing--
(A) there has been a 30 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; and
(B) the Secretary of Commerce has approved
approximately 95 percent of license applications for
such exports.
(18) According to the United States Census Bureau, Mexico,
Guatemala, and Brazil are among the top 10 destinations for
United States-manufactured semiautomatic firearm exports.
(19) 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 by--
(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.
(20) A growing number of firearms exported by United States
manufacturers are involved in violent crimes worldwide, such as
the pistol used in a mass shooting of 23 children and 2
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 Banking, Housing, and Urban
Affairs of the Senate; and
(C) the Committee on Foreign Affairs of the House
of Representatives.
(2) Covered munition.--The term ``covered munition''
means--
(A) any previously covered item; and
(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.
(3) Firearm.--The term ``firearm'' includes covered
munitions.
(4) 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)).
(5) 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.
(6) Security assistance.--The term ``security assistance''
includes--
(A) any type of assistance described in section
502B(d)(2) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(2)); and
(B) assistance furnished under an international
security assistance program of the United States
conducted under any other provision of law, including
the authorities granted under chapter 16 of title 10,
United States Code.
(7) 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.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Commerce shall
transfer control over the export of each previously covered
item to the jurisdiction of the Department of State.
(2) Effect of transfer.--Beginning on the date of the
transfer required under paragraph (1), control over the export
of any covered munition may not be transferred back 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)(1).
(c) Prohibition on Promotion of Certain Munitions Exports by
Department of Commerce.--The Secretary of Commerce may not take any
action 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 pursuant to subsection (a)(1).
(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 previously covered items in accordance with subsection (a).
SEC. 5. REPORTS AND STRATEGY ON DISRUPTION OF ILLEGAL EXPORT AND
TRAFFICKING OF FIREARMS TO MEXICO AND CERTAIN CENTRAL
AMERICAN AND CARIBBEAN 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 determines to
be 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
countries designated as covered countries pursuant to
section 8(a), 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 to be included.--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 exported
from the United States, including by entering
into data-sharing agreements--
(I) with appropriate counterparts
from the governments of such covered
countries; and
(II) between relevant departments
and agencies of the United States
Government;
(ii) to ensure the destruction of surplus
firearms that have been exported from the
United States;
(iii) to ensure that exported firearms are
not used to commit extrajudicial killings or
other gross violations of internationally
recognized human rights;
(iv) to build the capacity in such covered
countries to prevent the trafficking of
illegally imported firearms, including through
existing 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 firearms smuggled on 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
on such 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''; and
(II) any successor or subsequent
bilateral agreements on combating
firearm trafficking, transnational
organizations, or fentanyl trafficking;
and
(x) to cooperate with other relevant
Federal departments and agencies, including the
Department of Justice, the Department of
Homeland Security, and the Bureau of Alcohol,
Tobacco, Firearms and Explosives, to combat
firearms trafficking and prosecute illegal
firearm smugglers;
(B) an assessment of the results of the efforts
described in subparagraph (A); and
(C) 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 and the Secretary
of Commerce, after 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
countries designated as covered countries pursuant to section
8(a).
(2) Elements.--The strategy required 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 department
heads referred to in subparagraph (D) regarding efforts
in countries designated as covered countries pursuant
to section 8(a) 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 region surrounding such
countries.
(3) Required considerations; consultations.--In developing
the strategy required under paragraph (1), the Secretary of
State shall--
(A) consider how such 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 of
the Department of State, would support such strategy;
(C) consult with the appropriate congressional
committees; and
(D) seek to consult with appropriate counterparts
from the government of each country designated as a
covered country pursuant to section 8(a).
(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) Defined term.--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.
(2) Assessment of data availability.--Not later than 180
days after the date on which a country is designated (or deemed
to be designated) as a covered country pursuant to section
8(a), 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 determines to be relevant, shall--
(A) conduct 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; and
(B) submit a report to the Committee on Foreign
Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives that contains a
summary of the findings of the assessment conducted
pursuant to subparagraph (A).
(3) Addressing gaps in data.--During the period a country
is designated as a covered country pursuant to section 8(a),
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
use in criminal or civil investigations into violations
of relevant Federal laws, including the Arms Export
Control Act (22 U.S.C. 2751 et seq.).
(d) Annual Report.--
(1) Defined term.--In this subsection, the term ``the
Secretary or the 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.
(2) Submission.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary or the Secretaries concerned, in consultation with
the heads of such other Federal departments or agencies as the
Secretary or the Secretaries concerned determine to be
relevant, shall submit a report to the appropriate
congressional committees that describes the export of covered
munitions to countries designated as covered countries under
section 8(a).
(3) Matters to be included.--Each report submitted pursuant
to paragraph (2) shall include, with respect to the year for
which the report is submitted, and disaggregated by country--
(A) information regarding license applications
approved or denied, and previously issued licenses
modified or revoked, for the export of covered
munitions to proposed recipients in countries that have
been designated as covered countries pursuant to
section 8(a);
(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 countries
designated as covered countries pursuant to section
8(a);
(D) the number of covered munitions exported to
recipients in countries designated as covered countries
pursuant to section 8(a);
(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;
(F) information on the extent to which the heads of
the governments of countries designated as covered
countries pursuant to section 8(a) shared with the
Secretary or the 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 country designated as a covered
country pursuant to section 8(a), a description of the
United States funding and resources allocated for the
purpose of disrupting trafficking of covered munitions.
SEC. 6. INCREASING PARTICIPATION IN THE ETRACE PROGRAM.
(a) Defined Term.--In this section, the term ``eTrace program''
means the web-based firearms tracing system of the Bureau of Alcohol,
Tobacco, Firearms and Explosives that is available to accredited
domestic and international law enforcement agencies to assist in the
tracing of United States-sourced firearms.
(b) In General.--The Secretary of State, in coordination with the
Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives,
shall seek to work with national and subnational law enforcement
authorities of countries designated as covered countries pursuant to
section 8(a) to increase participation by such authorities in the
eTrace program.
(c) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary of State shall submit a report to the
appropriate congressional committees that--
(1) describes the implementation of subsection (b); and
(2) identifies the number of firearms traced to a purchase
or export that resulted in a Federal investigation and
prosecution.
(d) Haiti.--The Director of the Bureau of Alcohol, Tobacco,
Firearms and Explosives shall ensure the eTrace program is available in
the French and Haitian Creole languages to enhance the use of the
program by law enforcement authorities in Haiti.
(e) Authorization of Appropriation.--Amounts authorized to be
appropriated to carry out chapter 8 of part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2291 et seq.; relating to international
narcotics control assistance) are authorized to be made available to
carry out this section.
SEC. 7. MODIFICATIONS TO THE CARIBBEAN BASIN SECURITY INITIATIVE.
The Secretary of State shall develop an updated Results Framework
for the Caribbean Basin Security Initiative that establishes specific
indicators relating to the trafficking of firearms.
SEC. 8. DESIGNATION OF COVERED COUNTRIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall designate each
country the Secretary determines meets the requirements described in
subsection (b) as a covered country for purposes of this Act.
(b) Requirements.--A country meets the requirements described in
this subsection if the country--
(1) is located in North America, South America, or the
Caribbean;
(2) is not a member state of the North Atlantic Treaty
Organization; and
(3) meets such other requirements as the Secretary may
determine appropriate.
(c) Initial Designations.--The Bahamas, Belize, Brazil, Colombia,
El Salvador, Guatemala, Honduras, Mexico, Haiti, Jamaica, and Trinidad
and Tobago--
(1) shall be deemed to have been designated as covered
countries by the Secretary of State as of the date of the
enactment of this Act; and
(2) shall continue to be designated as covered countries
during the 5-year period beginning on such date of enactment.
(d) Termination of Designation.--The Secretary of State may
terminate the designation of any country as a covered country if, not
later than 180 days before such termination, the Secretary submits a
notification of such termination to the appropriate congressional
committees.
SEC. 9. CERTIFICATION REQUIREMENTS RELATING TO CERTAIN MUNITIONS
EXPORTS.
(a) Initial Certification; Prohibition.--
(1) In general.--Except as provided in paragraph (2), a
covered munition may not be transferred to the government of a
country designated as a covered country pursuant to section
8(a), or to any organization, citizen, or resident of such
covered country, until the Secretary of State submits a written
certification to the appropriate congressional committees
stating the program required under subsection (c) has been
established.
(2) Waiver.--During the 1-year period beginning on the
effective date set forth 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 covered country 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 for such
waiver with such certification.
(b) Review and Recertification.--
(1) In general.--Not later than 3 years after the date on
which the Secretary of State submits the certification
described in subsection (a)(1) with respect to a covered
country, and annually thereafter until the designation of such
country as a covered country is terminated pursuant to section
8(d), the Secretary shall review and submit to the appropriate
congressional committees a recertification of the establishment
of the program required under subsection (c).
(2) Prohibition.--If the Secretary of State is unable to
recertify a covered country in accordance with paragraph (1),
no covered munition may be transferred to the government of the
covered country, or to any organization, citizen, or resident
of such covered country, until the date on which the Secretary
submits such recertification.
(c) Program.--
(1) Establishment.--The Secretary of State shall establish
and carry out a program under which the Secretary--
(A) prohibits the retransfer of covered munitions
that were transferred to countries designated as
covered countries under section 8(a) without the
consent of the United States; and
(B) provides 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
countries designated as covered countries pursuant to
section 8(a).
(B) Registration.--The Secretary shall register the
serial numbers of all covered munitions, which shall be
provided to the governments of covered countries and to
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 required under paragraph (1), the
Secretary of State, in consultation with the Secretary of
Commerce, shall--
(A) review the database of the Department of State
that maintains 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, which is known as the
``International Vetting and Security Tracking-cloud
system'' or the ``INVEST system'' (or any successor
database), for any such records relating to the
prospective recipients of such a retransfer; and
(B) ensure that the United States does not consent
to such retransfer to any such prospective recipient
that the Secretary of State determines, after taking
into account the findings of the review required 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 other Federal departments or agencies that
the Secretary of State determines to be 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)(1).
SEC. 10. 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 a written certification to the appropriate
congressional committees with respect to such proposed export license
or other authorization that includes--
(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 previously covered item;
(3) the name of the country or international organization
to which the previously covered item 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 that is a member of the North Atlantic
Treaty Organization, 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 country not referred to in paragraph (1).
(d) Congressional Resolution of Disapproval.--
(1) Certain allied countries.--A proposed export license or
other authorization described in subsection (c)(1) shall become
effective after the end of the 15-day period specified in such
subsection if Congress does not enact, within such period, a
joint resolution prohibiting the export of the covered item for
which the export license or other authorization was proposed.
(2) Other countries.--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 such period, a
joint resolution prohibiting the export of the covered item for
which the export license or other authorization was proposed.
SEC. 11. PROHIBITION ON PROMOTION OF COVERED MUNITIONS.
The Secretary of Commerce is prohibited from--
(1) promoting the sale or export of covered munitions; or
(2) seeking the reduction or removal by any foreign country
of restrictions on the marketing of covered munitions.
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Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
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