[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4647 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4647 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 SENATE OF THE UNITED STATES July 9, 2024 Mr. Cardin (for himself, Mr. Kaine, Mr. Murphy, Mr. Durbin, Ms. Warren, and Mr. Markey) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ 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 TITLES; TABLE OF CONTENTS. (a) Short Titles.--This Act may be cited as the ``Americas Regional Monitoring of Arms Sales Act of 2024'' or the ``ARMAS Act of 2024''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short titles; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Transfer of regulatory control of certain munitions exports from Department of Commerce to Department of State. Sec. 5. Reports and strategy on disruption of illegal export and trafficking of firearms to Mexico and certain Central American, Caribbean, and South American countries. Sec. 6. Designation of covered countries. Sec. 7. Certification requirements relating to certain munitions exports. Sec. 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. 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 (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; (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 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. 3. DEFINITIONS. In this Act: (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 6 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. 4. 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. 5. 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