,i #aagth ,,congress #b;d ,session ,h4 ,r4 #ieci ,,in ,,the ,,house ,,of ,,representatives ,december #ad1 #bjbb,mr4 ,castro of ,texas 7for himself1 ,mrs4 ,torres of ,california1 ,mr4 ,sires1 ,mr4 ,grijalva1 ,ms4 ,omar1 ,ms4 ,barragn1 and ,mr4 ,espaillat7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs ,a ,,bill ,to require the development of an inter-agency strategy and the submission of certain reports relating to the illegal export and trafficking of firearms from the ,united ,states to recipients in ,mexico and certain ,central ,american and ,caribbean countries1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,americas ,regional ,monitoring of ,arms ,sales ,act of #bjbb or the ,,armas ,act of #bjbb4 #b4 ,findings ,congress finds the following3 7#a7 ,violence in ,mexico1 ,central ,america1 and the ,caribbean is exacerbated by firearms originating in the ,united ,states4 7#b7 ,while firearms are trafficked to ,mexico from a variety of countries1 firearms originating in the ,united ,states account for #gj percent of the firearms recovered and traced from crimes in ,mexico1 according to the #bjba ,,gao report ,firearms ,trafficking3 ,u4,s4 ,efforts to ,disrupt ,gun ,smuggling into ,mexico ,would ,benefit from ,additional ,data and ,analysis4 7#c7 ,united ,states-origin firearm flows contribute to human rights violations1 organized crime and gang violence1 extrajudicial killings1 high homicide rates1 domestic violence1 and femicides in ,mexico1 ,central ,america1 and the ,caribbean4 7#d7 ,according to the ,executive ,secretariat of ,national ,system for ,public ,security of ,mexico1 during the period beginning in #bjab and ending in #bjba1 ,mexico experienced more than #afh1jjj firearms homicides4 7#e7 ,according to the ,united ,nations ,regional ,centre for ,peace1 ,disarmament and ,development in ,latin ,america and the ,caribbean1 firearms are used in #gj percent of homicides in the ,caribbean compared to #cj percent globally2 the ,caribbean has less than one percent of the world's population1 but #bc percent of all recorded homicides4 7#f7 ,in an ,august #bjbb press conference1 ,u4,s4 authorities from ,homeland ,security ,investigations reported a marked uptick in the number of weapons1 and an increase in the caliber and type of weapons1 being illegally trafficked to ,haiti and the rest of the ,caribbean4 7#g7 ,the ,caribbean ,basin ,security ,initiative of the ,department of ,state that commenced in #bjji is the regional ,u4,s4 foreign assistance program that seeks to reduce illicit trafficking in the region and advance public safety and security4 ,the program includes improving the capacity of ,caribbean countries to intercept smuggled weapons at airports and seaports1 as well as support for forensic ballistics and firearms destruction and stockpile management4 ,assistance under the ,caribbean ,basin ,security ,initiative has also included support for regional organizations1 including-- 7,a7 the ,caribbean ,community ,implementation ,agency for ,crime and ,security 7,,caricom ,,impacs71 based in ,trinidad and ,tobago1 the lead agency involved in the issue of illicit arms trafficking and increasing the capacity of member states to detect and prevent firearms trafficking2 and 7,b7 the ,eastern ,caribbean's ,regional ,security ,system1 based in ,barbados4 7#h7 ,firearms trafficking from the ,united ,states and firearm violence are key drivers of immigration and asylum claims from ,central ,america4 7#i7 ,two ,,gao reports 7published in #bjba and #bjbb1 respectively7 on firearms trafficking have affirmed that firearms trafficking to ,mexico and ,central ,america continues to represent a security concern to the ,united ,states1 as ,united ,states-origin firearms are diverted from legitimate owners and end up in the hands of violent criminals1 including drug traffickers and other transnational criminal organizations4 ,a ,,gao report on the effect of firearms trafficking in the ,caribbean has not yet been compiled4 7#aj7 ,in these reports1 the ,comptroller ,general found that ,federal departments and agencies lacked information and analysis of the firearms trafficking networks in ,mexico and ,central ,america1 that few efforts of the ,united ,states ,government in the region focused on firearms trafficking1 and that1 as a result1 such agencies lack a detailed understanding of the firearms trafficking that fuels violence and enables criminals in ,belize1 ,el ,salvador1 ,guatemala1 ,honduras1 and ,mexico4 7#aa7 ,in the #bjbb ,,gao report ,firearms ,trafficking3 ,more ,information ,needed to ,inform ,u4,s4 ,efforts in ,central ,america1 the ,comptroller ,general found that efforts of the ,united ,states ,government focused on firearms trafficking in ,belize1 ,el ,salvador1 ,guatemala1 and ,honduras lacked information about relevant country conditions and performance measures to ensure such efforts were designed and implemented to achieve the intended objectives and1 as a result1 the ,comptroller ,general recommended that the ,secretary of ,state obtain information about the conditions in such countries1 to support the development of effective programs to reduce the availability of illicit firearms4 7#ab7 ,data on firearms trafficking is limited and to understand the problem1 data compilation is crucial4 7#ac7 ,in #bjba and #bjbb1 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 ,guatemala1 yet despite such inclusion1 the ,under ,secretary of ,commerce for ,industry and ,security has authorized approximately #ii1bgj firearms exports to ,guatemala since assuming responsibility for firearms licensing in #bjbj4 7#ad7 ,when firearms were controlled under the ,united ,states ,munitions ,list and the licensing of firearms was the responsibility of the ,secretary of ,state1 the average number of firearms licensed for export to ,guatemala was approximately #d1jjj per year4 7#ae7 ,the current number of exports specified in paragraph 7#aj7 represents an extraordinary increase 7as much as #be times the average7 from the number specified in paragraph 7#aa71 and the ,under ,secretary of ,commerce for ,industry and ,security has only been able to conduct a very limited number of end-use checks1 according to the #bjbb ,,gao report ,firearms ,trafficking3 ,more ,information ,needed to ,inform ,u4,s4 ,efforts in ,central ,america4 7#af7 ,the proposed security cooperation plan titled ,u4,s4-,mexico ,bicentennial ,framework for ,security1 ,public ,heath1 and ,safe ,communities and other new initiatives to address root causes of migration from ,central ,america offer an opportunity to reaffirm commitments and strengthen cooperation on addressing firearms trafficking4 #c4 ,reports and strategy on disruption of illegal export and trafficking of firearms to ,mexico and certain ,central ,american countries 7a7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state 7in consultation with the ,secretary of ,commerce1 the ,attorney ,general1 the ,director of the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives1 and the heads of such other ,federal departments or agencies as the ,secretary of ,state may determine relevant7 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 illegal export or diversion of firearms from the ,united ,states to unauthorized recipients in countries designated as covered countries under section #d 7including through unauthorized third-party transfers71 and the illegal trafficking of firearms obtained in the ,united ,states to such recipients4 ,such report shall include the following3 7#a7 ,an identification of any such efforts1 including efforts to accomplish the following objectives3 7,a7 ,tracking and verifying information regarding the end-users of firearms so exported1 including by entering into data-sharing agreements with appropriate counterparts from the governments of such covered countries4 7,b7 ,ensuring the destruction of surplus firearms so exported4 7,c7 ,ensuring that firearms so exported are not used to commit extrajudicial killings or other gross violations of internationally recognized human rights4 7,d7 ,building the capacity of such covered countries to prevent the trafficking of firearms so exported1 including through current programs supported or implemented by the ,united ,states ,government4 7,e7 ,tracking and verifying information regarding the end-users of firearms obtained in the ,united ,states and illegally trafficked to such covered countries4 7,f7 ,combating all forms of cross-border smuggling of firearms from the ,united ,states4 7,g7 ,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 country4 7,h7 ,identifying the origin of trafficked weapons1 including through the serial numbers of trafficked firearms4 7#b7 ,an assessment of the results of the efforts identified pursuant to paragraph 7#a74 7#c7 ,a description of how homicides1 extrajudicial killings1 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 investigated4 7b7 ,inter-,agency strategy 7#a7 ,in general ,the ,secretary of ,commerce and the ,secretary of ,state1 taking into account the findings of the report under subsection 7a71 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 #d4 7#b7 ,elements ,the strategy under paragraph 7#a7 shall include the following3 7,a7 ,a plan for the ,secretaries to accomplish each of the objectives specified in subsection 7a77#a74 7,b7 ,an identification of specific performance measures1 targets 7including the baselines for such targets71 and timelines with respect to such objectives4 7,c7 ,an estimate of the resources and personnel necessary to carry out the strategy4 7#c7 ,required considerations2 consultations ,in developing the strategy under paragraph 7#a71 the ,secretaries shall-- 7,a7 consider how the strategy may support or otherwise align with broader efforts of the ,secretaries relating to security assistance1 anti-corruption1 and the prevention of organized crime and drug and gang violence2 7,b7 consider whether the placement in the ,western ,hemisphere of an export control officer of the ,bureau of ,industry and ,security of the ,department of ,commerce1 or other personnel of the ,department of ,commerce or the ,department of ,state1 would support the strategy2 and 7,c7 seek to consult with appropriate counterparts from the government of each country designated as a covered country under section #d4 7#d7 ,submission to ,congress ,not later than ,january #a of the year following the date of the enactment of this ,act1 the ,secretary of ,commerce and the ,secretary of ,state shall jointly submit to the appropriate congressional committees the strategy under paragraph 7#a74 7c7 ,annual report 7#a7 ,submission ,not later than one year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,commerce 7in consultation with the ,secretary of ,state and the heads of such other ,federal departments or agencies as the ,secretary of ,commerce may determine relevant7 shall submit to the appropriate congressional committees a report on the export of covered items to countries designated as covered countries under section #d4 7#b7 ,matters ,each report under paragraph 7#a7 shall include1 with respect to the year for which the report is submitted1 the following information 7disaggregated by country73 7,a7 ,information regarding license applications approved or denied1 and previously issued licenses modified or revoked1 for the export of covered items to proposed recipients in covered countries4 7,b7 ,information regarding how evolving country contexts1 including with respect to developments in human rights1 affected the approval of license applications for such exports4 7,c7 ,the number of licenses issued for the export of covered items to proposed recipients in covered countries4 7,d7 ,the number of covered items exported to recipients in covered countries4 7,e7 ,with respect to end-user checks for covered items exported to recipients in covered countries under section #ch7;g77#g7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggh7;g77#g77 7commonly referred to as the ,blue ,lantern program71 the monitoring program established under the second section #dj;,a of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghe7 7as added by section #aej7;a7 of ,public ,law #ajd-afd71 or other applicable programs of the ,department of ,commerce or ,department of ,state1 the following information3 7i7 ,the number of such end-user checks requested4 7ii7 ,the number of such end-user checks conducted4 7iii7 ,the type of such end-user checks conducted4 7iv7 ,the results of such end-user checks conducted4 7,f7 ,information on the extent to which the heads of the governments of covered countries shared with the ,secretary of ,commerce and the heads of other relevant ,federal departments and agencies 7such as the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives7 data relating to the receipt and end-use of covered items exported from the ,united ,states1 and the type of data so shared4 7,g7 ,for each covered country1 a description of the ,u4,s4 funding and resources allocated for the purpose of disrupting trafficking of covered items4 #d4 ,designation of covered countries 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,commerce shall designate each country that the ,secretary determines meets the requirements under subsection 7b7 as a covered country for purposes of this ,act4 7b7 ,requirements ,a country meets the requirements under this subsection if the country-- 7#a7 is located in ,north ,america1 ,south ,america1 or the ,caribbean2 7#b7 is not a member state of the ,north ,atlantic ,treaty ,organization2 and 7#c7 meets such other requirements as the ,secretary of ,state may determine appropriate4 7c7 ,initial designations ,the ,bahamas1 ,belize1 ,el ,salvador1 ,guatemala1 ,honduras1 ,mexico1 ,haiti1 ,jamaica1 and ,trinidad and ,tobago-- 7#a7 shall be deemed to have been so designated by the ,secretary of ,commerce as of the date of the enactment of this ,act2 and 7#b7 shall continue to be deemed so designated for a five-year period1 during which time the designation may not be terminated under subsection 7d74 7d7 ,termination of designation ,subject to subsection 7c77#b71 the ,secretary of ,commerce may terminate the designation of a country under this section only if1 at least #ahj days prior to such termination1 the ,secretary submits to the appropriate congressional committees a notification of such termination4 #e4 ,limitation on licenses and other authorizations for export of certain items removed from the ,united ,states ,munitions ,list and included on the ,commerce ,control ,list 7a7 ,in general ,the ,secretary of ,commerce may not grant a license or other authorization for the export of a covered item unless1 before granting the license or other authorization1 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-- 7#a7 the name of the person applying for the license or other authorization2 7#b7 the name of the person who is the proposed recipient of the export2 7#c7 the name of the country or international organization to which the export will be made2 7#d7 a description of the items proposed to be exported2 and 7#e7 the value of the items proposed to be exported4 7b7 ,form ,a certification required under subsection 7a7 shall be submitted in unclassified form1 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 ,states4 7c7 ,deadlines ,a certification required under subsection 7a7 shall be submitted-- 7#a7 at least #ae 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 ,australia1 ,japan1 the ,republic of ,korea1 ,israel1 or ,new ,zealand2 and 7#b7 at least #cj calendar days before a proposed export license or other authorization is granted in the case of a transfer of items to any other country4 7d7 ,congressional resolution of disapproval ,a proposed export license or other authorization described in paragraph 7#a7 of subsection 7c7 shall become effective after the end of the #ae-;day period described in such paragraph1 and a proposed export license or other authorization described in paragraph 7#b7 of subsection 7c7 shall become effective after the end of the #cj-;day period specified in such paragraph1 only if the ,congress does not enact1 within the applicable time period1 a joint resolution prohibiting the export of the covered item for which the export license or other authorization was proposed4 #f4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,b7 the ,committee on ,foreign ,relations and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 7#b7 ,covered item ,the term covered item means any item that-- 7,a7 as of ,march #h1 #bjbj1 was included in ,category ,i1 ,,ii1 or ,,iii of the ,united ,states ,munitions ,list2 and 7,b7 is included on the ,commerce ,control ,list4 7#c7 ,firearm ,the term firearm includes-- 7,a7 any item that is included in ,category ,i1 ,,ii1 or ,,iii of the ,united ,states ,munitions ,list2 and 7,b7 any covered item4 7#d7 ,gross violations of internationally recognized human rights ,the term gross violations of internationally recognized human rights has the meaning given that term in section #ejb;,b7d7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcjd7;d774 7#e7 ,security assistance ,the term security assistance includes-- 7,a7 the types of assistance specified in section #ejb;,b7d77#b7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcjd72 and 7,b7 assistance furnished under an international security assistance program of the ,united ,states conducted under any other provision of law1 including under the authorities under chapter #af of title #aj1 ,united ,states ,code4 7#f7 ,united ,states ,munitions ,list ,the term ,united ,states ,munitions ,list means the list maintained pursuant to part #aba of title #bb1 ,code of ,federal ,regulations4