II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stopping the Traffic 

5 in Overseas Proliferation of Ghost Guns Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Small arms and associated ammunition 

9 are— 

10 (A) uniquely lethal; 


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•S 459 IS

1 (B) easily spread and easily modified, and 

2 (C) the primary means of injury, death, 

3 and destruction in civil and military conflicts 

4 throughout the world. 

5 (2) Congress enacted legislation in 2002 to en6 sure that the sale and export of such weapons would 

7 receive close congressional scrutiny and oversight, 

8 which has proven important on multiple occasions. 

9 (3) President Donald Trump has proposed to 

10 transfer the oversight of the export of most of these 

11 lethal weapons from the control of the Department 

12 of State under the United States Munitions List to 

13 the less stringent export controls of the Department 

14 of Commerce, in part to expedite the sale of such 

15 weapons abroad. 

16 (4) This proposed transfer would— 

17 (A) lessen the oversight of the Secretary of 

18 State to ensure that such exports comply with 

19 United States foreign policy, national security, 

20 and human rights requirements; 

21 (B) completely eliminate congressional re22 view of these sales by removing them from the 

23 jurisdiction of the Arms Export Control Act (22 

24 U.S.C. 2751 et seq.), which mandates that such 

25 sales of $1,000,000 and higher be reviewed by 


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1 Congress and subject to the introduction, con2 sideration, and vote on a resolution of dis3 approval to reject such sales; and 

4 (C) facilitate the global dissemination of 

5 technical information, including blueprints, of 

6 firearms, allowing their easy production with 

7 3D printers. 

8 (5) Firearms manufactured with 3D printers 

9 could be untraceable and undetectable by conven10 tional means, making it easier for criminals, terror11 ists, and other bad actors to commit violent crimes. 

12 SEC. 3. STATEMENT OF POLICY. 

13 It is the policy of the United States that— 

14 (1) the export of lethal firearms and ammuni15 tion deserves the highest level of executive and con16 gressional scrutiny and oversight; and 

17 (2) long-standing practices, policies, and legal 

18 requirements regarding such exports should be con19 tinued and strengthened. 

20 SEC. 4. PROHIBITION ON REMOVAL OF FIREARMS FROM 

21 UNITED STATES MUNITIONS LIST. 

22 (a) RESTRICTION ON REMOVAL OF FIREARMS FROM

23 UNITED STATES MUNITIONS LIST.—Notwithstanding 

24 section 38 of the Arms Export Control Act (22 U.S.C. 

25 2778), the President may not remove any firearm, or techVerDate Sep 11 2014 01:15 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S459.IS S459

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1 nical information relating to such firearm, from the 

2 United States Munitions List. 

3 (b) LIMITATION ON MODIFYING REGULATIONS.— 

4 The President and the Secretary of State may not change 

5 or alter any requirement under the International Traffic 

6 in Arms Regulations (subchapter M of chapter I of title 

7 22, Code of Federal Regulations) or such successor regula8 tions relating to the export of firearms controlled on the 

9 United States Munitions List, as such regulations and mu10 nitions list were composed as of January 1, 2018. 

11 SEC. 5. CONGRESSIONAL OVERSIGHT OF SUSPENSION OF 

12 EXPORT CONTROL REGULATIONS. 

13 The Secretary of State may not suspend the applica14 tion of the International Traffic in Arms Regulations 

15 (subchapter M of chapter I of title 22, Code of Federal 

16 Regulations) or any such successor regulations, or any 

17 part thereof, unless the Secretary of State has notified the 

18 Committee on Foreign Relations of the Senate and the 

19 Committee on Foreign Affairs of the House of Representa20 tives in accordance with the process and procedures speci21 fied in section 38(f) of the Arms Export Control Act (22 

22 U.S.C. 2778(f)). 

Æ 


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