WASHINGTON—Rep. Eliot L. Engel, Ranking Member of the House Committee on Foreign Affairs, today called on Secretary of State Mike Pompeo to immediately suspend a dangerous State Department policy which would permit internet publication of software for 3-D gun printing.

“There are several disturbing aspects of the Department’s action. Foremost is the likelihood that weapons will become available to anyone with a laptop and a 3-D printer.  This defeats US laws which require background checks on the sale of weaponry.  The danger is magnified because 3-D printed firearms would be made of plastic and, therefore, undetectable by most security systems.  With these stealthy weapons in the hands of terrorists, lone wolf killers, or mentally unstable individuals, it will become virtually impossible to protect anyone from gun violence,” Ranking Member Engel wrote.

The State Department’s change in policy is the result of a settlement of a law suit: Defense Distributed v. United States. If no action is taken, the policy takes effect on July 27, 2018.

Text of the letter can be found here and below:

Dear Mr. Secretary:

I write to register my profound concern about an action by Department of State officials to remove from export controls certain software for 3-D printing of firearms.  This is exceptionally dangerous because it will promote global availability of such technical information and consequent unrestricted manufacture of firearms.  This action was taken in settling a lawsuit: Defense Distributed v. United States.

There are several disturbing aspects of the Department’s action. Foremost is the likelihood that weapons will become available to anyone with a laptop and a 3-D printer.  This defeats US laws which require background checks on the sale of weaponry.  The danger is magnified because 3-D printed fireams would be made of plastic and, therefore, undetectable by most security systems.  With these stealthy weapons in the hands of terrorists, lone wolf killers, or mentally unstable individuals, it will become virtually impossible to protect anyone from gun violence.

Moreover, the text of the settlement, attached, suggests that the Department’s officials are mis-using authority under Section 126.2 of the International Traffic in Arms Regulations to “temporarily” remove this technical information from the United States Munitions List (USML). However, as anyone who has ever posted something on the internet knows, once posted, the item is instantly and permanently available to all who seek it. Therefore, it is impossible to temporarily publish 3-D gun printing software on the internet. In as much as Sec. 126.2’s authority is reserved for use only in the interests of U.S. security and foreign policy.  It stretches credulity to believe that release of this information is in the U.S. interest.

Use of this temporary ITAR authority also suggests that Department officials sought a way to avoid complying with Section 38(f) of the Arms Export Control Act, which requires advance notification to Congress for any removal from the USML.

The settlement of this lawsuit is slated to go into effect by July 27th.  I urge you to suspend the Department’s implementation of the settlement immediately and prevent the inappropriate and dangerous release of this technical information.

Sincerely,

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