I 
118TH CONGRESS 
1ST SESSION H. R. 6618 
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 HOUSE OF REPRESENTATIVES 
DECEMBER 6, 2023 
Mr. CASTRO of Texas (for himself, Mrs. TORRES of California, Mr. GOLDMAN 
of New York, Mrs. CHERFILUS-MCCORMICK, Mr. GRIJALVA, Ms. 
VELA´ZQUEZ, Mr. MCGOVERN, Mr. CONNOLLY, Ms. WASSERMAN 
SCHULTZ, Ms. TITUS, Mr. VARGAS, Mr. ESPAILLAT, Mr. GARCI´A of Illi-
nois, Ms. OMAR, Ms. JACOBS, Ms. KAMLAGER-DOVE, and Mr. MAG-
AZINER) introduced the following bill; which was referred to the Com-
mittee on Foreign Affairs 
A BILL 
To require the transfer of regulatory control of certain muni-
tions exports from the Department of Commerce to the 
Department of State, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Americas Regional 
Monitoring of Arms Sales Act of 2023’’ or the ‘‘ARMAS 
Act of 2023’’. 
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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 fire-
arms recovered and traced from crimes in Mexico, 
according to the 2021 Government Accountability 
Office (GAO) report published by the Comptroller 
General of the United States titled ‘‘Firearms Traf-
ficking: U.S. Efforts to Disrupt Gun Smuggling into 
Mexico Would Benefit from Additional Data and 
Analysis’’. 
(3) United States-origin firearm flows con-
tribute to human rights violations, organized crime 
and gang violence, extrajudicial killings, high homi-
cide rates, domestic violence, and femicides in Mex-
ico, 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 
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in 70 percent of homicides in the Caribbean com-
pared to 30 percent globally, and while the Carib-
bean constitutes less than one percent of the global 
population, it is responsible for 23 percent of all re-
corded homicides. 
(6) In an August 2022 press conference, United 
States officials of Homeland Security Investigations 
reported a ‘‘marked uptick in the number of weap-
ons’’, 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 that commenced in 2009 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. The program includes improving the 
capacity of Caribbean countries to intercept smug-
gled weapons at airports and seaports, as well as 
support for forensic ballistics and firearms destruc-
tion and stockpile management. Assistance under 
the Caribbean Basin Security Initiative has also in-
cluded support for regional organizations, includ-
ing— 
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(A) the Caribbean Community Implemen-
tation 
Agency 
for 
Crime 
and 
Security 
(CARICOM IMPACS), based in Trinidad and 
Tobago, the lead agency involved in the issue of 
illicit firearms trafficking and increasing the ca-
pacity of member states to detect and prevent 
firearms trafficking; and 
(B) the Eastern Caribbean’s Regional Se-
curity System, based in Barbados. 
(8) Two GAO reports (published in 2021 and 
2022, respectively) on firearms trafficking have af-
firmed that firearms trafficking to Mexico and Cen-
tral America continues to represent a security con-
cern 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 or-
ganizations. A GAO report on the effect of firearms 
trafficking in the Caribbean has not yet been com-
piled. 
(9) In these reports, the Comptroller General 
found that Federal departments and agencies lacked 
information and analysis of the firearms trafficking 
networks in Mexico and Central America, that few 
efforts of the United States Government in the re-
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gion focused on firearms trafficking, and that, as a 
result, such agencies lack a detailed understanding 
of the firearms trafficking that fuels violence and 
enables criminals in Belize, El Salvador, Guatemala, 
Honduras, and Mexico. 
(10) 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 ad-
mitted to federal agents that he purchased firearms 
in the United States, smuggled them across the bor-
der, and knowingly provided them to members of the 
Gulf Cartel. 
(11) As the incident specified 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, threatening the public health and 
safety of United States citizens. 
(12) In the 2022 GAO report ‘‘Firearms Traf-
ficking: More Information Needed to Inform U.S. 
Efforts in Central America’’, the Comptroller Gen-
eral found that efforts of the United States Govern-
ment focused on firearms trafficking in Belize, El 
Salvador, Guatemala, and Honduras lacked informa-
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tion about relevant country conditions and perform-
ance measures to ensure such efforts were designed 
and implemented to achieve the intended objectives 
and, as a result, the Comptroller General rec-
ommended that the Secretary of State obtain infor-
mation about the conditions in such countries, to 
support the development of effective programs to re-
duce the availability of illicit firearms. 
(13) Data on firearms trafficking is limited and 
to understand the problem, data compilation is cru-
cial. 
(14) As of the date of the publication of the re-
port specified in paragraph (12), the Secretary of 
Commerce had not assigned any agents to Central 
America on permanent assignment. 
(15) In 2021 and 2022, the annual Country 
Reports on Human Rights Practices of the Depart-
ment of State included ‘‘unlawful and arbitrary 
killings’’ as a significant human rights issue in Gua-
temala, yet despite such inclusion, the Under Sec-
retary of Commerce for Industry and Security has 
authorized approximately 99,270 firearms exports to 
Guatemala since assuming responsibility for firearms 
licensing in 2020. 
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(16) 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. 
(17) The current number of exports specified in 
paragraph (15) represents an extraordinary increase 
(as much as 25 times the average) from the number 
specified in paragraph (16), and the Under Sec-
retary 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’’. 
(18) Since the Department of Commerce gained 
jurisdiction over the control of firearm export licens-
ing, there has been a 30 percent increase in firearm 
exports in comparison to averages for such exports 
when the control of such exports was under the ju-
risdiction of the Department of State. The Secretary 
of Commerce has also approved 95 percent of license 
applications for such exports. 
(19) According to the U.S. Census Bureau, 
Mexico, Guatemala, and Brazil have been among the 
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top 10 destinations for United States-manufactured 
semiautomatic firearm exports. 
(20) The proposed security cooperation plan ti-
tled ‘‘U.S.-Mexico Bicentennial Framework for Secu-
rity, Public Heath, and Safe Communities’’ and 
other new initiatives to address root causes of mi-
gration from Central America offers an opportunity 
to reaffirm commitments and strengthen cooperation 
on addressing firearms trafficking. 
(21) Recent high-level conversations between 
the United States and Mexico, including on the bi-
centennial framework specified in paragraph (18), 
have identified opportunities of cooperation on anti- 
firearm trafficking efforts between the Attorney 
General, the Secretary of State, the Director of the 
Executive Office for United States Attorneys, and 
the Director of the Bureau of Alcohol, Tobacco, 
Firearms and Explosives. 
(22) The Bipartisan Safer Communities Act 
(Public Law 117–159), which was enacted into law 
on June 25, 2022, implemented key efforts to ad-
dress firearm trafficking, including by establishing a 
Federal criminal offense for firearm trafficking and 
by strengthening the capability of the Bureau of Al-
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cohol, Tobacco, Firearms and Explosives to interdict 
firearms. 
(23) A growing number of firearms exported by 
United States manufacturers are found involved in 
violent crimes worldwide. For instance, the pistol 
used in a mass shooting of 23 children and two 
teachers in Thailand in October 2022 was linked to 
a United States factory. 
SEC. 3. 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 cov-
ered item to the jurisdiction of the Department of 
State; and 
(2) following such transfer, the Secretary of 
State may not transfer the control over the export 
of any covered munition to the jurisdiction of the 
Department of Commerce. 
(b) REGULATIONS.—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). 
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(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall 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 con-
trol of an item as specified in subsection (a). 
(d) PROHIBITION ON PROMOTION OF CERTAIN MUNI-
TIONS EXPORTS BY DEPARTMENT OF COMMERCE.—The 
Secretary of Commerce may not take any actions to pro-
mote 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 cov-
ered item to the jurisdiction of the Department State 
under subsection (a). 
SEC. 4. REPORTS AND STRATEGY ON DISRUPTION OF ILLE-
GAL EXPORT AND TRAFFICKING OF FIRE-
ARMS 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 Sec-
retary of State (in consultation with the Secretary of 
Commerce, the Attorney General, the Director of the 
Bureau of Alcohol, Tobacco, Firearms and Explo-
sives, and the heads of such other Federal depart-
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ments or agencies as the Secretary of State may de-
termine relevant) shall submit to the appropriate 
congressional committees a report on the efforts of 
the Secretary of State and the heads of other rel-
evant Federal departments and agencies to disrupt 
the following: 
(A) The illegal export or diversion of fire-
arms from the United States to unauthorized 
recipients in countries designated as covered 
countries under section 5 (including through 
unauthorized third-party transfers). 
(B) The illegal trafficking of firearms ob-
tained in the United States to recipients in such 
countries. 
(2) MATTERS.—The report under paragraph 
(1) shall include, with respect to the efforts specified 
in such paragraph, the following: 
(A) An identification of any such efforts, 
including efforts to accomplish the following ob-
jectives: 
(i) Tracking and verifying information 
regarding the end-users of firearms so ex-
ported, including by entering into data- 
sharing agreements— 
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(I) with appropriate counterparts 
from the governments of such covered 
countries; and 
(II) between the relevant depart-
ments and agencies of the United 
States Government. 
(ii) Ensuring the destruction of sur-
plus firearms so exported. 
(iii) Ensuring that firearms so ex-
ported are not used to commit extrajudicial 
killings or other gross violations of inter-
nationally recognized human rights. 
(iv) Building the capacity of such cov-
ered countries to prevent the trafficking of 
firearms so exported, including through 
current programs supported or imple-
mented by the United States Government. 
(v) Tracking and verifying informa-
tion regarding the end-users of firearms 
obtained in the United States and illegally 
trafficked to such covered countries. 
(vi) Combating all forms of cross-bor-
der smuggling of firearms from the United 
States, including via maritime vessels and 
aircraft. 
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(vii) Engaging with subnational gov-
ernment officials in such covered countries 
to effectively implement and enforce agree-
ments relating to the trafficking of fire-
arms that have been concluded between the 
United States Government and the na-
tional government of the respective covered 
country. 
(viii) Identifying the origin of traf-
ficked firearms, including through the se-
rial numbers of trafficked firearms, and 
sharing such information with relevant law 
enforcement agencies of— 
(I) the United States; 
(II) the respective covered coun-
try; and 
(III) any other country deter-
mined relevant for purposes of such 
information sharing. 
(ix) Implementing the proposed secu-
rity cooperation plan titled ‘‘U.S.-Mexico 
Bicentennial Framework for Security, Pub-
lic Heath, and Safe Communities’’, and 
any successor or subsequent bilateral 
agreements on combating firearm traf-
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ficking, transnational organizations, or 
fentanyl. 
(x) Cooperating with other relevant 
Federal departments and agencies, includ-
ing the Attorney General, the Secretary of 
Homeland Security, and the Director of 
the Bureau of Alcohol, Tobacco, Firearms, 
and Explosives, to combat firearms traf-
ficking and prosecute illegal firearm smug-
glers. 
(B) An assessment of the results of the ef-
forts identified pursuant to subparagraph (A). 
(C) A description of how homicides, 
extrajudicial killings, and other gross violations 
of internationally recognized human rights com-
mitted in such covered countries using firearms 
exported from or obtained in the United States 
have been investigated. 
(b) INTER-AGENCY STRATEGY.— 
(1) IN GENERAL.—The Secretary of State, in 
consultation with the Secretary of Commerce, taking 
into account the findings of the report under sub-
section (a), shall jointly develop an inter-agency 
strategy for the disruption of the trafficking of fire-
arms exported from the United States to recipients 
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in countries designated as covered countries under 
section 5. 
(2) ELEMENTS.—The strategy under paragraph 
(1) shall include the following: 
(A) A plan for the United States to accom-
plish each of the objectives specified in sub-
section (a)(2)(A). 
(B) An identification of specific perform-
ance measures, targets (including the baselines 
for such targets), and timelines with respect to 
such objectives. 
(C) An estimate of the resources and per-
sonnel 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 depart-
ments or agencies involved in anti-firearm traf-
ficking efforts, including the Attorney General, 
the Secretary of Homeland Security, and the 
Director of the Bureau of Alcohol, Tobacco, 
Firearms, and Explosives. 
(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 
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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; CONSULTA-
TIONS.—In developing the strategy 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 assist-
ance, anti-corruption, and the prevention of or-
ganized crime and drug and gang violence; 
(B) consider whether the placement in the 
Western Hemisphere of an export control offi-
cer of the Bureau of Industry and Security of 
the Department of Commerce, or other per-
sonnel of the Department of Commerce or the 
Department of State, would support the strat-
egy; and 
(C) seek to consult with appropriate coun-
terparts from the government of each country 
designated as a covered country under section 
5. 
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(4) SUBMISSION TO CONGRESS.—Not later than 
January 1 of the year following the date of the en-
actment of this Act, the Secretary of State shall sub-
mit to the appropriate congressional committees the 
strategy under paragraph (1). 
(c) IMPROVED TRACKING
OF TRAFFICKED FIRE-
ARMS.— 
(1) ASSESSMENT OF DATA AVAILABILITY.—Not 
later than 180 days after the date on which a coun-
try is designated (or the deemed to be designated, 
as the case may be), under section 5, the Secretary 
of State, in consultation with the Secretary of Com-
merce, the Attorney General, the Director of the Bu-
reau 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 Affairs of the House of Representatives 
and the Committee on Foreign Relations of the Sen-
ate an assessment of the extent to which the law en-
forcement agencies of that designated country make 
available to the United States Government forensic 
information of trafficked firearms. 
(2) ADDRESSING GAPS IN DATA.—For the dura-
tion of the period during which a country is des-
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ignated as a covered country under section 5, the 
Secretary of State shall— 
(A) seek to engage with the foreign coun-
terparts of the government of such country to 
improve the collection and sharing of the foren-
sic information of trafficked firearms con-
fiscated by the law enforcement agencies of 
such country; and 
(B) promptly provide any such forensic in-
formation shared pursuant to subparagraph (A) 
to the relevant Federal, State, and local law en-
forcement agencies for purposes of use in crimi-
nal or civil investigations into violations of rel-
evant United States Federal laws, including the 
Arms Export Control Act. 
(3) FORENSIC INFORMATION DEFINED.—In this 
subsection, the term ‘‘forensic information’’, with re-
spect 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 traf-
ficking of the firearm. 
(d) ANNUAL REPORT.— 
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(1) SUBMISSION.—Not later than one 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 Fed-
eral departments or agencies as the Secretary or 
Secretaries concerned may determine relevant) shall 
submit to the appropriate congressional committees 
a report on the export of covered munitions to coun-
tries designated as covered countries under section 
5. 
(2) MATTERS.—Each report under paragraph 
(1) shall include, with respect to the year for which 
the report is submitted, the following information 
(disaggregated by country): 
(A) Information regarding license applica-
tions approved or denied, and previously issued 
licenses modified or revoked, for the export of 
covered munitions to proposed recipients in cov-
ered countries. 
(B) Information regarding how evolving 
country contexts, including with respect to de-
velopments in human rights, affected the ap-
proval of license applications for such exports. 
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(C) The number of licenses issued for the 
export of covered munitions to proposed recipi-
ents in covered countries. 
(D) The number of covered munitions ex-
ported to recipients in covered countries. 
(E) With respect to end-user checks for 
covered munitions exported to recipients in cov-
ered countries under 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 es-
tablished 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 other applicable programs of the De-
partment of Commerce or Department of State, 
the following information: 
(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. 
(iv) The results of such end-user 
checks conducted. 
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(F) Information on the extent to which the 
heads of the governments of covered countries 
shared with the Secretary or Secretaries con-
cerned 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 cov-
ered munitions exported from the United 
States, and the type of data so shared. 
(G) For each covered country, a descrip-
tion of the United States funding and resources 
allocated for the purpose of disrupting traf-
ficking 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 Secretary of that 
Federal department or agency; or 
(B) if multiple Federal departments or 
agencies have jurisdiction over the export con-
trol of covered munitions, each Secretary of 
such a Federal department or agency. 
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SEC. 5. 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 that the Secretary determines 
meets the requirements under subsection (b) as a covered 
country for purposes of this Act. 
(b) REQUIREMENTS.—A country meets the require-
ments under this subsection if the country— 
(1) is located in North America, South Amer-
ica, or the Caribbean; 
(2) is not a member state of the North Atlantic 
Treaty Organization; and 
(3) meets such other requirements as the Sec-
retary 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 so designated 
by the Secretary of State as of the date of the enact-
ment of this Act; and 
(2) shall continue to be deemed so designated 
for a five-year period, during which time the des-
ignation may not be terminated under subsection 
(d). 
(d) TERMINATION
OF DESIGNATION.—Subject to 
subsection (c)(2), the Secretary of State may terminate 
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the designation of a country under this section only if, 
at least 180 days prior to such termination, the Secretary 
submits to the appropriate congressional committees a no-
tification of such termination. 
SEC. 6. CERTIFICATION REQUIREMENTS RELATING TO 
CERTAIN MUNITIONS EXPORTS. 
(a) INITIAL CERTIFICATION; PROHIBITION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), no covered munition may be transferred 
to the government of a country designated as a cov-
ered country under section 5, or any other organiza-
tion, citizen, or resident of such covered country, 
until the Secretary of State submits to the appro-
priate congressional committees a certification that 
the program required under subsection (c) has been 
established. 
(2) WAIVER.—For the one-year period begin-
ning on the effective date of this section 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 certifies to the appropriate con-
gressional committees that such waiver is in the na-
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tional security interest of the United States and in-
cludes a written justification with the certification. 
(b) REVIEW AND RECERTIFICATION.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of the submission of the certification under 
subsection (a) for a country designated as a covered 
country under section 5, and annually thereafter 
until such time as the designation is terminated, the 
Secretary of State shall review, and submit to the 
appropriate congressional committees a recertifi-
cation 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 coun-
try, 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 countries designated as 
covered countries under section 5 without the con-
sent of the United States and provide for the reg-
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istration and end-use monitoring of such covered 
munitions in accordance with the following require-
ments: 
(A) The maintenance of a detailed record 
of the origin, shipping, and distribution of cov-
ered munitions transferred to countries des-
ignated as covered countries under section 5. 
(B) The registration of the serial numbers 
of all covered munitions, to be provided to the 
governments of such covered countries and 
other organizations, citizens, and residents 
within such covered countries. 
(C) The conduct of a program for the end- 
use monitoring of covered munitions transferred 
to the entities and individuals described in sub-
paragraph (B). 
(2) REVIEW OF DATABASE.—In prohibiting the 
retransfer of covered munitions without the consent 
of the United States pursuant to the program under 
paragraph (1), the Secretary of State, in consulta-
tion 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. 
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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 recipi-
ents of such retransfer; and 
(B) ensure that such consent is not grant-
ed for any such prospective recipient who the 
Secretary of State determines, taking into ac-
count the review under subparagraph (A), is 
credibly implicated in a gross violation of inter-
nationally recognized human rights. 
(3) DATA STORAGE AND SHARING.—In carrying 
out the program under 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 
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Secretary of Commerce completes the transfer of the con-
trol over the export of previously covered items to the ju-
risdiction of the Department of State under section 3(a). 
SEC. 7. LIMITATION ON LICENSES AND OTHER AUTHORIZA-
TIONS FOR EXPORT OF CERTAIN ITEMS RE-
MOVED FROM THE COMMERCE CONTROL 
LIST AND INCLUDED ON THE UNITED STATES 
MUNITIONS LIST. 
(a) IN GENERAL.—The Secretary of State may not 
grant a license or other authorization for the export of 
a previously covered item the control over the export of 
which the Secretary of Commerce has transferred to the 
jurisdiction of the Department of State under section 3(a) 
unless, before granting the license or other authorization, 
the Secretary submits to the chairman and ranking mem-
ber of the Committee on Foreign Affairs of the House of 
Representatives and the chairman and ranking member of 
the Committee on Foreign Affairs of the Senate a written 
certification with respect to such proposed export license 
or other authorization containing— 
(1) the name of the person applying for the li-
cense or other authorization; 
(2) the name of the person who is the proposed 
recipient of the export; 
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(3) the name of the country or international or-
ganization to which the export will be made; 
(4) a description of the items proposed to be ex-
ported; and 
(5) the value of the items proposed to be ex-
ported. 
(b) FORM.—A 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 pub-
lic disclosure if such disclosure would be detrimental to 
the security of the United States. 
(c) DEADLINES.—A certification required under sub-
section (a) shall be submitted— 
(1) at least 15 calendar 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 Organiza-
tion or Australia, Japan, the Republic of Korea, 
Israel, or New Zealand, and 
(2) at least 30 calendar 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
DIS-
APPROVAL.—A proposed export license or other authoriza-
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tion described in paragraph (1) of subsection (c) shall be-
come effective after the end of the 15-day period described 
in such paragraph, and a proposed export license or other 
authorization described in paragraph (2) of subsection (c) 
shall become effective after the end of the 30-day period 
specified in such paragraph, only if the 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. 
SEC. 8. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs of 
the House of Representatives; and 
(B) the Committee on Foreign Relations 
and the Committee on Banking, Housing, and 
Urban Affairs of the Senate. 
(2) COVERED MUNITION.—The term ‘‘covered 
munition’’ means the following: 
(A) Any previously covered item. 
(B) Any item that, following the date of 
the enactment of this Act, is designated for 
control under Category I, II, or III of the 
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United States Munitions List pursuant to sec-
tion 38 of the Arms Export Control Act (22 
U.S.C. 2778) or otherwise subject to control 
under any such category. 
(3) 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 Mu-
nitions List; and 
(B) as of the date of the enactment of this 
Act, is included on the Commerce Control List. 
(4) FIREARM.—The term ‘‘firearm’’ includes 
covered munitions. 
(5) GROSS VIOLATIONS OF INTERNATIONALLY 
RECOGNIZED HUMAN RIGHTS.—The term ‘‘gross vio-
lations of internationally recognized human rights’’ 
has the meaning given that term in section 502B(d) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 
2304(d)). 
(6) SECURITY ASSISTANCE.—The term ‘‘secu-
rity assistance’’ includes— 
(A) the types of assistance specified in sec-
tion 502B(d)(2) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2304); and 
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(B) assistance furnished under an inter-
national security assistance program of the 
United States conducted under any other provi-
sion of law, including under the authorities 
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. 
Æ 
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