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[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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