[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>