[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6618 Introduced in House (IH)]

<DOC>






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. 
   Velazquez, Mr. McGovern, Mr. Connolly, Ms. Wasserman Schultz, Ms. 
Titus, Mr. Vargas, Mr. Espaillat, Mr. Garcia of Illinois, Ms. Omar, Ms. 
Jacobs, Ms. Kamlager-Dove, and Mr. Magaziner) introduced the following 
      bill; which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 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 TITLE.

    This Act may be cited as the ``Americas Regional Monitoring of Arms 
Sales Act of 2023'' or the ``ARMAS Act of 2023''.

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 (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 one percent of the global 
        population, it is responsible for 23 percent of all recorded 
        homicides.
            (6) In an August 2022 press conference, United States 
        officials of Homeland Security Investigations 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 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 smuggled weapons 
        at airports and seaports, as well as support for forensic 
        ballistics and firearms destruction and stockpile management. 
        Assistance under the Caribbean Basin Security Initiative has 
        also included support for regional organizations, including--
                    (A) the Caribbean Community Implementation 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 capacity of member states to detect and prevent 
                firearms trafficking; and
                    (B) the Eastern Caribbean's Regional Security 
                System, based in Barbados.
            (8) Two GAO reports (published in 2021 and 2022, 
        respectively) on firearms trafficking 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.
            (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 region 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 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.
            (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 Trafficking: More 
        Information Needed to Inform U.S. Efforts in Central America'', 
        the Comptroller General found 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.
            (13) Data on firearms trafficking is limited and to 
        understand the problem, data compilation is crucial.
            (14) As of the date of the publication of the report 
        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 Department of State included ``unlawful 
        and arbitrary killings'' as a significant human rights issue in 
        Guatemala, yet 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.
            (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 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''.
            (18) Since the Department of Commerce gained jurisdiction 
        over the control of firearm export licensing, 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 jurisdiction 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 top 10 destinations 
        for United States-manufactured semiautomatic firearm exports.
            (20) The proposed security cooperation plan titled ``U.S.-
        Mexico Bicentennial Framework for Security, Public Heath, and 
        Safe Communities'' and other new initiatives to address root 
        causes of migration 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 bicentennial 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 address firearm trafficking, including by 
        establishing a Federal criminal offense for firearm trafficking 
        and by strengthening the capability of the Bureau of Alcohol, 
        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 covered 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).
    (c) Rule of Construction.--Nothing in this section 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 control of an item as specified in subsection (a).
    (d) 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).

SEC. 4. REPORTS AND STRATEGY ON DISRUPTION OF ILLEGAL EXPORT AND 
              TRAFFICKING OF FIREARMS 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 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 to the appropriate congressional 
        committees a report on the efforts of the Secretary of State 
        and the heads of other relevant Federal departments and 
        agencies to disrupt the following:
                    (A) The illegal export or diversion of firearms 
                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 obtained 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 
                objectives:
                            (i) Tracking and verifying 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) Ensuring the destruction of surplus 
                        firearms so exported.
                            (iii) Ensuring that firearms so exported 
                        are not used to commit extrajudicial killings 
                        or other gross violations of internationally 
                        recognized human rights.
                            (iv) Building 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) Tracking and verifying information 
                        regarding the end-users of firearms obtained in 
                        the United States and illegally trafficked to 
                        such covered countries.
                            (vi) Combating all forms of cross-border 
                        smuggling of firearms from the United States, 
                        including via maritime vessels and aircraft.
                            (vii) Engaging 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) Identifying 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) Implementing the proposed security 
                        cooperation plan titled ``U.S.-Mexico 
                        Bicentennial Framework for Security, Public 
                        Heath, and Safe Communities'', and any 
                        successor or subsequent bilateral agreements on 
                        combating firearm trafficking, transnational 
                        organizations, or fentanyl.
                            (x) Cooperating with other relevant Federal 
                        departments and agencies, including the 
                        Attorney General, the Secretary of Homeland 
                        Security, and the Director of the Bureau of 
                        Alcohol, Tobacco, Firearms, and Explosives, to 
                        combat firearms trafficking and prosecute 
                        illegal firearm smugglers.
                    (B) An assessment of the results of the efforts 
                identified pursuant to subparagraph (A).
                    (C) 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) 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 subsection (a), shall jointly 
        develop an inter-agency strategy for the disruption of the 
        trafficking of firearms exported from the United States to 
        recipients 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 accomplish each 
                of the objectives specified in subsection (a)(2)(A).
                    (B) An 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.
                    (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 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; and
                    (C) seek to consult with appropriate counterparts 
                from the government of each country designated as a 
                covered country under section 5.
            (4) Submission to congress.--Not later than January 1 of 
        the year following the date of the enactment of this Act, the 
        Secretary of State shall submit to the appropriate 
        congressional committees the strategy under paragraph (1).
    (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 the 
        deemed to be designated, as the case may be), under section 5, 
        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 Affairs of the House of Representatives 
        and the Committee on Foreign Relations of the Senate an 
        assessment of the extent to which the law enforcement agencies 
        of that designated 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 under section 5, the Secretary of State shall--
                    (A) seek to engage with the foreign counterparts of 
                the government of such country to improve the 
                collection and sharing of the forensic information of 
                trafficked firearms confiscated by the law enforcement 
                agencies of such 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.
            (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 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 Federal 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 countries 
        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 applications 
                approved or denied, and previously issued licenses 
                modified or revoked, for the export of covered 
                munitions to proposed recipients in covered countries.
                    (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 
                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 
                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 other 
                applicable programs of the Department 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.
                    (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.
                    (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 Secretary of that Federal department or 
                agency; or
                    (B) if multiple Federal departments or agencies 
                have jurisdiction over the export control of covered 
                munitions, each Secretary of such a Federal department 
                or agency.

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 requirements under this 
subsection if the country--
            (1) is located in North America, South America, or the 
        Caribbean;
            (2) is not a member state of the North Atlantic Treaty 
        Organization; and
            (3) meets such other requirements as the Secretary 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 enactment of this Act; 
        and
            (2) shall continue to be deemed so designated for a five-
        year period, during which time the designation may not be 
        terminated under subsection (d).
    (d) Termination of Designation.--Subject to subsection (c)(2), the 
Secretary of State may terminate 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 
notification of such termination.

SEC. 6. 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 
        country designated as a covered country under section 5, 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.--For the one-year period beginning 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 congressional 
        committees that such waiver is in the national security 
        interest of the United States and includes 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 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 
        countries designated as covered countries under section 5 
        without the consent of the United States and provide for the 
        registration and end-use monitoring of such covered munitions 
        in accordance with the following requirements:
                    (A) The maintenance of a detailed record of the 
                origin, shipping, and distribution of covered munitions 
                transferred to countries designated 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 subparagraph (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 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.
            (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 Secretary of Commerce 
completes the transfer of the control over the export of previously 
covered items to the jurisdiction of the Department of State under 
section 3(a).

SEC. 7. 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 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 member 
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 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.--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 public disclosure if such disclosure would be 
detrimental to the security of the United States.
    (c) Deadlines.--A certification required under subsection (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 Organization 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 Disapproval.--A proposed export 
license or other authorization described in paragraph (1) of subsection 
(c) shall become 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 committees.--The term 
        ``appropriate congressional committees'' 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 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.
            (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 Munitions 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 violations 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 ``security assistance'' 
        includes--
                    (A) the types 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 
                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.
                                 <all>