[Congressional Record Volume 162, Number 146 (Tuesday, September 27, 2016)]
[Senate]
[Page S6142]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DAINES (for himself and Mrs. Capito):
  S. 3405. A bill to transfer certain items from the United States 
Munitions List to the Commerce Control List; to the Committee on 
Banking, Housing, and Urban Affairs.
  Mr. DAINES. Mr. President, for Montanans, gunsmithing goes hand-in-
hand with hunting and sport shooting. Sometimes the difference between 
a successful hunt and an unfulfilled tag can be a needed modification 
on a rifle. Throughout Montana and across America, hundreds of 
thousands of gunsmiths make sure that our firearms are setup to our 
custom specifications. Many of these gunsmiths do so as a side project 
or hobby, making a little extra income in the process.
  Recently, the Directorate of Defense Trade Controls, DDTC, issued 
guidance that changed the definition of a manufacturer under the 
International Traffic m Arms Regulations, ITAR, to be so broad that 
could include these gunsmiths and require them to register as 
manufacturers, which includes an annual $2,250 fee. ITAR was intended 
to control the production and exportation of products essential to our 
national security, such as those intended only for military use, but 
not to unnecessarily hinder American business and innovation or 
undermine the Second Amendment.
  That is why I am proud to introduce the Export Control Reform Act of 
2016 with my colleague Senator Capito. The bill transfers regulatory 
responsibility for common, domestic firearms and related items from the 
Department of State to the Commerce Department, to be regulated like 
any other commercial business--allowing small business to continue to 
serve hunters and sports shooters.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3405

       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 ``Export Control Reform Act of 
     2016''.

     SEC. 2. EXPORT CONTROLS ON CERTAIN ITEMS.

       (a) In General.--Notwithstanding section 38(f) of the Arms 
     Export Control Act (22 U.S.C. 2778(f)) or any other provision 
     of law, all items described in subsection (b) that are on the 
     United States Munitions List and controlled under section 38 
     of the Arms Export Control Act (22 U.S.C. 2778) on the date 
     of the enactment of this Act shall be transferred to the 
     Commerce Control List of dual-use items in the Export 
     Administration Regulations (15 C.F.R. part 730 et seq.).
       (b) Transferred Items.--The items referred to in subsection 
     (a) are the following:
       (1) Non-automatic and semi-automatic firearms, including 
     all rifles, carbines, pistols, revolvers and shotguns.
       (2) Non-automatic and non-semi-automatic rifles, carbines, 
     revolvers, or pistols of a caliber greater than .50 inches 
     (12.7 mm) up to and including .72 inches (18.0 mm).
       (3) Ammunition for such firearms excluding caseless 
     ammunition.
       (4) Silencers, mufflers, and sound and flash suppressors.
       (5) Rifle scopes.
       (6) Barrels, cylinders, receivers (frames), or complete 
     breech mechanisms.
       (7) Related components, parts, accessories, attachments, 
     tooling, and equipment for any articles listed in paragraphs 
     (1) through (6).
       (c) Effective Date.--This section shall take effect 180 
     days after the date of the enactment of this Act and shall 
     not apply to any export license issued before such effective 
     date or to any export license application made under the 
     United States Munitions List before such effective date.

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