Sec. 4. Reports and strategy on disruption of illegal export and trafficking of firearms to Mexico and certain Central American and Caribbean countries
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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:
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). The illegal trafficking of firearms obtained in the United States to recipients in such countries. The report under paragraph
(1)shall include, with respect to the efforts specified in such paragraph, the following: An identification of any such efforts, including efforts to accomplish the following objectives: Tracking and verifying 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. Ensuring the destruction of surplus firearms so exported. Ensuring that firearms so exported are not used to commit extrajudicial killings or other gross violations of internationally recognized human rights. 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. Tracking and verifying information regarding the end-users of firearms obtained in the United States and illegally trafficked to such covered countries. Combating all forms of cross-border smuggling of firearms from the United States, including via maritime vessels and aircraft. 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. Identifying 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. 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. 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. An assessment of the results of the efforts identified pursuant to subparagraph (A). 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 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 . The strategy under paragraph
(1)shall include the following: A plan for the United States to accomplish each of the objectives specified in subsection (a)(2)(A). An 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. 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— from the United States to such designated countries; and from such designated countries to other countries in the surrounding region. In developing the strategy 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; and seek to consult with appropriate counterparts from the government of each country designated as a covered country under section 7 . 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). 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. For the duration of the period during which a country is designated as a covered country under section 7 , the Secretary of State shall— 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 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. 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 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 . Each report under paragraph
(1)shall include, with respect to the year for which the report is submitted, the following information (disaggregated by country): 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. 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 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: The number of such end-user checks requested. The number of such end-user checks conducted. The type of such end-user checks conducted. 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. 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 Secretary of that Federal department or agency; or if multiple Federal departments or agencies have jurisdiction over the export control of covered munitions, each Secretary of such a Federal department or agency.
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- Pub. L. 104-164
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Sec. 4
Reports and strategy on disruption of illegal export and trafficking of firearms to Mexico and certain Central American and Caribbean countries
Pub. L.Pub. L. 104-164
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