S4647-118

1. Short titles; table of contents This Act may be cited as the Americas Regional Monitoring of Arms Sales Act of 2024 or the ARMAS Act of 2024. The table of contents for this Act is as follows:

3. Definitions In this Act: The term appropriate congressional committees means— the Committee on Foreign Relations of the Senate; the Committee on Commerce, Science, and Transportation of the Senate; the Committee on Foreign Affairs of the House of Representatives; and the Committee on Energy and Commerce of the House of Representatives. The term covered country means any country designated by the Secretary of State pursuant to section 6 as a covered country. The term covered munition means— any previously covered item; or 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. The term firearm includes covered munitions. 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)). The term previously covered item means any item that— as of March 8, 2020, was included in Category I, II, or III of the United States Munitions List; and as of the date of the enactment of this Act, is included on the Commerce Control List. The term security assistance includes— any type of assistance specified in section 502B(d)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304); and 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. The term United States Munitions List means the list maintained pursuant to part 121 of title 22, Code of Federal Regulations.

4. Transfer of regulatory control of certain munitions exports from Department of Commerce to Department of State Not later than 1 year after the date of the enactment of this Act— 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 following such transfer, control over the export of any covered munition may not be transferred to the jurisdiction of the Department of Commerce. 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). 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). 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).

5. Reports and strategy on disruption of illegal export and trafficking of firearms to Mexico and certain Central American, Caribbean, and South American countries 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— the illegal export or diversion of firearms from the United States to unauthorized recipients in covered countries, including through unauthorized third-party transfers; and the illegal trafficking of firearms obtained in the United States to recipients in such countries. The report required under paragraph (1) shall include, with respect to the efforts specified in such paragraph— the identification of any such efforts, including efforts— to track and verify information regarding the end-users of firearms so exported, including by entering into data-sharing agreements— with appropriate counterparts from the governments of such covered countries; and between the relevant departments and agencies of the United States Government; to ensure the destruction of surplus firearms so exported; to ensure that firearms so exported are not used to commit extrajudicial killings or other gross violations of internationally recognized human rights; 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; to track and verify information regarding the end-users of firearms obtained in the United States and illegally trafficked to such covered countries; to combat all forms of cross-border smuggling of firearms from the United States, including via maritime vessels and aircraft; 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; 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— the United States; the respective covered country; and any other country determined relevant for purposes of such information sharing; to implement— the U.S.-Mexico Bicentennial Framework for Security, Public Heath, and Safe Communities; any successor or subsequent bilateral agreements with Mexico; or similar bilateral agreements with any other covered country on combating firearm trafficking, transnational organizations, or fentanyl; to implement the recommendations made in— the 2021 GAO report titled Firearms Trafficking: U.S. Efforts to Disrupt Gun Smuggling into Mexico Would Benefit from Additional Data and Analysis; the 2022 GAO report titled Firearms Trafficking: More Information Needed to Inform U.S. Efforts in Central America; and the forthcoming GAO report that focuses on a similar topic for the Caribbean; and to enhance cooperation among relevant Federal departments and agencies to combat firearms trafficking and prosecute illegal firearm smugglers; an assessment of the results of the efforts described in subparagraph (A); 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 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. 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. The strategy under paragraph (1) shall include— a plan for the United States to accomplish each of the objectives specified in subsection (a)(2)(A); the identification of specific performance measures, targets (including the baselines for such targets), and timelines with respect to such objectives; an estimate of the resources and personnel necessary to carry out the strategy; 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 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— from the United States to such designated countries; and from such designated countries to other countries in the surrounding region. In developing the strategy required under paragraph (1), the Secretary of State shall— 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; 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; consult with the appropriate congressional committees; and seek to consult with appropriate counterparts from the government of each covered country. 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. 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 6, 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. For the duration of the period during which a country is designated as a covered country pursuant to section 6, the Secretary of State shall— 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 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.). In this subsection, the term forensic information, with respect to a trafficked firearm, includes— the serial number of the firearm; and 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. 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. Each report under paragraph (1) shall include, with respect to the year for which the report is submitted, disaggregated by country— 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; information regarding how evolving country contexts, including with respect to developments in human rights, affected the approval of license applications for such exports; the number of licenses issued for the export of covered munitions to proposed recipients in covered countries; the number of covered munitions exported to recipients in covered countries; 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— the number of such end-user checks requested; the number of such end-user checks conducted; the type of such end-user checks conducted; and the results of such end-user checks conducted; 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 for each covered country, a description of the United States funding and resources allocated for the purpose of disrupting trafficking of covered munitions. In this subsection, the term Secretary or Secretaries concerned means— 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 if multiple Federal departments or agencies have jurisdiction over the export control of covered munitions, the head of each such Federal department or agency.

6. Designation of covered countries 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. 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.

7. Certification requirements relating to certain munitions exports 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. 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— 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 such certification. 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 6(d), the Secretary of State shall review, and submit to the appropriate congressional committees a recertification of, such certification. 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. 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). The Secretary shall maintain a detailed record of the origin, shipping, and distribution of covered munitions transferred to covered countries. 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. 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). 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— 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 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. In carrying out the program established pursuant to paragraph (1), the Secretary of State shall— ensure that any data received pursuant to such program is stored and maintained in a database of the Department of State; and 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. 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 4(a).

8. 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 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— the name of the person applying for the license or other authorization; the name of the person who is the proposed recipient of the export; the name of the country or international organization to which the export will be made; a description of the items proposed to be exported; and the value of the items proposed to be exported. 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. Each certification required under subsection (a) shall be submitted— 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 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. 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.