Sec. 5. 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 determines to be 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 countries designated as covered countries pursuant to section 8(a), 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 exported from the United States, including by entering into data-sharing agreements— with appropriate counterparts from the governments of such covered countries; and between relevant departments and agencies of the United States Government; to ensure the destruction of surplus firearms that have been exported from the United States; to ensure that exported firearms are not used to commit extrajudicial killings or other gross violations of internationally recognized human rights; to build the capacity in such covered countries to prevent the trafficking of illegally imported firearms, including through existing 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 firearms smuggled on 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 on such 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 ; and any successor or subsequent bilateral agreements on combating firearm trafficking, transnational organizations, or fentanyl trafficking; and to cooperate with other relevant Federal departments and agencies, including the Department of Justice, the Department of Homeland Security, and 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 described in subparagraph (A); 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 and the Secretary of Commerce, after 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 countries designated as covered countries pursuant to section 8(a). The strategy required 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 department heads referred to in subparagraph
(D)regarding efforts in countries designated as covered countries pursuant to section 8(a) 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 region surrounding such countries. In developing the strategy required under paragraph (1), the Secretary of State shall— consider how such 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 of the Department of State, would support such strategy; consult with the appropriate congressional committees; and seek to consult with appropriate counterparts from the government of each country designated as a covered country pursuant to section 8(a). 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. 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 180 days after the date on which a country is designated (or deemed to be designated) as a covered country pursuant to section 8(a), 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 determines to be relevant, shall— conduct 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; and submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that contains a summary of the findings of the assessment conducted pursuant to subparagraph (A). During the period a country is designated as a covered country pursuant to section 8(a), 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 use in criminal or civil investigations into violations of relevant Federal laws, including the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ). In this subsection, the term the Secretary or the 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. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary or the Secretaries concerned, in consultation with the heads of such other Federal departments or agencies as the Secretary or the Secretaries concerned determine to be relevant, shall submit a report to the appropriate congressional committees that describes the export of covered munitions to countries designated as covered countries under section 8(a). Each report submitted pursuant to paragraph
(2)shall include, with respect to the year for which the report is submitted, and 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 countries that have been designated as covered countries pursuant to section 8(a); 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 countries designated as covered countries pursuant to section 8(a); the number of covered munitions exported to recipients in countries designated as covered countries pursuant to section 8(a); 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; information on the extent to which the heads of the governments of countries designated as covered countries pursuant to section 8(a) shared with the Secretary or the 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 country designated as a covered country pursuant to section 8(a), a description of the United States funding and resources allocated for the purpose of disrupting trafficking of covered munitions.
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- Pub. L. 104-164
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Sec. 5
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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