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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 459 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  1st Session
                                 S. 459

 To protect the American people from undetectable ghost guns, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2019

Mr. Menendez (for himself, Mr. Murphy, Mr. Markey, Mrs. Feinstein, and 
  Mr. Cardin) introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
 To protect the American people from undetectable ghost guns, 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 TITLE.

    This Act may be cited as the ``Stopping the Traffic in Overseas 
Proliferation of Ghost Guns Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Small arms and associated ammunition are--
                    (A) uniquely lethal;
                    (B) easily spread and easily modified, and
                    (C) the primary means of injury, death, and 
                destruction in civil and military conflicts throughout 
                the world.
            (2) Congress enacted legislation in 2002 to ensure that the 
        sale and export of such weapons would receive close 
        congressional scrutiny and oversight, which has proven 
        important on multiple occasions.
            (3) President Donald Trump has proposed to transfer the 
        oversight of the export of most of these lethal weapons from 
        the control of the Department of State under the United States 
        Munitions List to the less stringent export controls of the 
        Department of Commerce, in part to expedite the sale of such 
        weapons abroad.
            (4) This proposed transfer would--
                    (A) lessen the oversight of the Secretary of State 
                to ensure that such exports comply with United States 
                foreign policy, national security, and human rights 
                requirements;
                    (B) completely eliminate congressional review of 
                these sales by removing them from the jurisdiction of 
                the Arms Export Control Act (22 U.S.C. 2751 et seq.), 
                which mandates that such sales of $1,000,000 and higher 
                be reviewed by Congress and subject to the 
                introduction, consideration, and vote on a resolution 
                of disapproval to reject such sales; and
                    (C) facilitate the global dissemination of 
                technical information, including blueprints, of 
                firearms, allowing their easy production with 3D 
                printers.
            (5) Firearms manufactured with 3D printers could be 
        untraceable and undetectable by conventional means, making it 
        easier for criminals, terrorists, and other bad actors to 
        commit violent crimes.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States that--
            (1) the export of lethal firearms and ammunition deserves 
        the highest level of executive and congressional scrutiny and 
        oversight; and
            (2) long-standing practices, policies, and legal 
        requirements regarding such exports should be continued and 
        strengthened.

SEC. 4. PROHIBITION ON REMOVAL OF FIREARMS FROM UNITED STATES MUNITIONS 
              LIST.

    (a) Restriction on Removal of Firearms From United States Munitions 
List.--Notwithstanding section 38 of the Arms Export Control Act (22 
U.S.C. 2778), the President may not remove any firearm, or technical 
information relating to such firearm, from the United States Munitions 
List.
    (b) Limitation on Modifying Regulations.--The President and the 
Secretary of State may not change or alter any requirement under the 
International Traffic in Arms Regulations (subchapter M of chapter I of 
title 22, Code of Federal Regulations) or such successor regulations 
relating to the export of firearms controlled on the United States 
Munitions List, as such regulations and munitions list were composed as 
of January 1, 2018.

SEC. 5. CONGRESSIONAL OVERSIGHT OF SUSPENSION OF EXPORT CONTROL 
              REGULATIONS.

    The Secretary of State may not suspend the application of the 
International Traffic in Arms Regulations (subchapter M of chapter I of 
title 22, Code of Federal Regulations) or any such successor 
regulations, or any part thereof, unless the Secretary of State has 
notified the Committee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs of the House of Representatives in 
accordance with the process and procedures specified in section 38(f) 
of the Arms Export Control Act (22 U.S.C. 2778(f)).
                                 <all>
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