[Congressional Record Volume 170, Number 120 (Wednesday, July 24, 2024)]
[Senate]
[Pages S5479-S5482]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3160. Mr. CARDIN (for himself, Mr. Kaine, Mr. Murphy, Ms. Warren, 
and Mr. Markey) submitted an amendment intended to be proposed by him 
to the bill S. 4638, to authorize appropriations for fiscal year 2025 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

         Subtitle G--Americas Regional Monitoring of Arms Sales

     SECTION 1291. SHORT TITLES.

       (a) Short Titles.--This subtitle may be cited as the 
     ``Americas Regional Monitoring of Arms Sales Act of 2024'' or 
     the ``ARMAS Act''.

     SEC. 1292. 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; and
       (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

[[Page S5480]]

     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. 1293. DEFINITIONS.

       In this subtitle:
       (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 1296 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. 1294. 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. 1295. 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

[[Page S5481]]

     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;

       (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); and
       (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 1296, 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 1296, 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) Defined term.--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;

[[Page S5482]]

       (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) Defined term.--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. 1296. 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. 1297. 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 1296(b), 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 1294(a).

     SEC. 1298. 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.
                                 ______