PROGRAM TO PROVIDE FOR THE REGISTRATION AND END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES TRANSFERRED TO AFGHANISTAN AND PAKISTAN.

SEC. 1225. PROGRAM TO PROVIDE FOR THE REGISTRATION AND END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES TRANSFERRED TO AFGHANISTAN AND PAKISTAN.(a) Program Required.—(1) In general.—The Secretary of Defense shall establish and carry out a program to provide for the registration and end-use monitoring of defense articles and defense services transferred to Afghanistan and Pakistan in accordance with the requirements under subsection (b) and to prohibit the retransfer of such defense articles and defense services without the consent of the United States. The program required under this subsection shall be limited to the transfer of defense articles and defense services—(A) pursuant to authorities other than the Arms Export Control Act or the Foreign Assistance Act of 1961; and(B) using funds made available to the Department of Defense, including funds available pursuant to the Pakistan Counterinsurgency Fund.(2) Prohibition.—No defense articles or defense services that would be subject to the program required under this subsection may be transferred to—(A) the Government of Afghanistan or any other group, organization, citizen, or resident of Afghanistan, or(B) the Government of Pakistan or any other group, organization, citizen, or resident of Pakistan,until the Secretary of Defense certifies to the specified congressional committees that the program required under this subsection has been established.(b) Registration and End-use Monitoring Requirements.—The registration and end-use monitoring requirements under this subsection shall include the following:(1) A detailed record of the origin, shipping, and distribution of defense articles and defense services transferred to—(A) the Government of Afghanistan and other groups, organizations, citizens, and residents of Afghanistan; and(B) the Government of Pakistan and other groups, organizations, citizens, and residents of Pakistan.(2) The registration of the serial numbers of all small arms to be provided to—(A) the Government of Afghanistan and other groups, organizations, citizens, and residents of Afghanistan; and(B) the Government of Pakistan and other groups, organizations, citizens, and residents of Pakistan.123 STAT. 2524(3) A program of end-use monitoring of lethal defense articles and defense services transferred to the entities and individuals described in subparagraphs (A) and (B) of paragraph (1).(c) Review; Exemption.—(1) Review.—The Secretary of Defense shall periodically review the defense articles and defense services subject to the registration and end-use monitoring requirements under subsection (b) to determine which defense articles and defense services, if any, should no longer be subject to such registration and end-use monitoring requirements. The Secretary of Defense shall submit to the specified congressional committees the results of each review conducted under this paragraph.(2) Exemption.—The Secretary of Defense may exempt a defense article or defense service from the registration and end-use monitoring requirements under subsection (b) beginning on the date that is 30 days after the date on which the Secretary provides notice of the proposed exemption to the specified congressional committees. Such notice shall describe any controls to be imposed on such defense article or defense service, as the case may be, under any other provision of law.(d) Definitions.—In this section:(1) Defense article.—The term “defense article” has the meaning given the term in section 644(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(d)).(2) Defense service.—The term “defense service” has the meaning given the term in section 644(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(f)).(3) Small arm.—The term “small arm” means—(A) a handgun or pistol;(B) a shoulder-fired weapon, including a sub-carbine, carbine, or rifle;(C) a light, medium, or heavy automatic weapon up to and including a .50 caliber machine gun;(D) a recoilless rifle up to and including 106mm;(E) a mortar up to and including 81mm;(F) a rocket launcher, man-portable;(G) a grenade launcher, rifle and shoulder fired; and(H) an individually-operated weapon which is portable or can be fired without special mounts or firing devices and which has potential use in civil disturbances and is vulnerable to theft.(4) Specified congressional committees.—The term “specified congressional committees” means—(A) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and(B) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.(e) Effective Date.—(1) In general.—Except as provided in paragraph (2), this section shall take effect 180 days after the date of the enactment of this Act.(2) Exception.—The Secretary of Defense may delay the effective date of this section by an additional period of up to 120 days if the Secretary certifies in writing to the specified congressional committees for such additional period that it 123 STAT. 2525 is in the vital interest of the United States to do so and includes in the certification a description of such vital interest.