H.R. 6736

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6736 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 6736

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 16, 2025

Mr. Castro of Texas (for himself, Mrs. Torres of California, Mr. 
Goldman of New York, Mrs. Cherfilus-McCormick, Ms. DeLauro, Mr. 
Magaziner, Ms. Velazquez, Mr. Frost, Ms. Dean of Pennsylvania, Mrs. 
Ramirez, Ms. Jayapal, Mrs. Grijalva, Ms. Omar, Mr. McGovern, Ms. Kelly 
of Illinois, Ms. Wasserman Schultz, Mr. Menendez, and Ms. Titus) 
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; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Americas Regional 
Monitoring of Arms Sales Act of 2025'' or the ``ARMAS Act of 2025''.
(b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Transfer of regulatory control of certain munitions exports 
from Department of Commerce to Department 
of State.
Sec. 4. Reports and strategy on disruption of illegal export and 
trafficking of firearms to Mexico and 
certain Central American and Caribbean 
countries.
Sec. 5. Increasing participation in the eTrace program.
Sec. 6. Modifications to the Caribbean Basin Security Initiative.
Sec. 7. Designation of covered countries.
Sec. 8. Certification requirements relating to certain munitions 
exports.
Sec. 9. 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. 10. Prohibition on promotion of covered munitions.
Sec. 11. Definitions.

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 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.
(21) 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 
7 (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 7.
(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 7 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 7.
(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 7, 
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 7, 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 7.
(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. INCREASING PARTICIPATION IN THE ETRACE PROGRAM.

(a) In General.--The Secretary of State, in coordination with the 
Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, 
shall seek to work with national and sub-national law enforcement 
authorities of countries designated as covered countries under section 
7in order to increase participation by such authorities in the eTrace 
program.
(b) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Secretary of State shall submit to the appropriate 
congressional committees a report on the implementation of subsection 
(a) and on the number of firearms traced to a purchase or export that 
resulted in Federal investigations and prosecutions.
(c) Haiti.--The Director of the Bureau of Alcohol, Tobacco, 
Firearms and Explosives shall ensure that the eTrace program is 
available in the French and Haitian Creole languages for the purposes 
of improving the use of the program by law enforcement authorities in 
Haiti.
(d) Authorization of Appropriation.--Amounts authorized to be 
appropriated under chapter 8 of part I of the Foreign Assistance Act of 
1961 (relating to international narcotics control assistance) are 
authorized to be made available to carry out this section.
(e) Definition of ETrace Program.--In this section, the term 
``eTrace program'' means the web-based firearms tracing system of the 
Bureau of Alcohol, Tobacco, Firearms and Explosives that is available 
to accredited domestic and international law enforcement agencies to 
assist in the tracing of United States-sourced firearms.

SEC. 6. MODIFICATIONS TO THE CARIBBEAN BASIN SECURITY INITIATIVE.

The Secretary of State shall update the Caribbean Basin Security 
Initiative's Results Framework to establish specific indicators 
relating to trafficking in firearms.

SEC. 7. 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. 8. 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 7, 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 7, 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 
7without 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 7.
(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. 9. 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. 10. PROHIBITION ON PROMOTION OF COVERED MUNITIONS.

The Secretary of Commerce is prohibited from--
(1) promoting the sale or export of covered munition; or
(2) seeking the reduction or removal by any foreign country 
of restrictions on the marketing of covered munitions.

SEC. 11. 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.
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