[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6736 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                H. R. 6736

  To require the transfer of regulatory control of certain munitions 
exports from the Department of Commerce to the Department of State, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2025

   Mr. Castro of Texas (for himself, Mrs. Torres of California, Mr. 
    Goldman of New York, Mrs. Cherfilus-McCormick, Ms. DeLauro, Mr. 
  Magaziner, Ms. Velazquez, Mr. Frost, Ms. Dean of Pennsylvania, Mrs. 
Ramirez, Ms. Jayapal, Mrs. Grijalva, Ms. Omar, Mr. McGovern, Ms. Kelly 
   of Illinois, Ms. Wasserman Schultz, Mr. Menendez, and Ms. Titus) 
 introduced the following bill; which was referred to the Committee on 
                            Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
  To require the transfer of regulatory control of certain munitions 
exports from the Department of Commerce to the Department of State, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Americas Regional 
Monitoring of Arms Sales Act of 2025'' or the ``ARMAS Act of 2025''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Transfer of regulatory control of certain munitions exports 
                            from Department of Commerce to Department 
                            of State.
Sec. 4. Reports and strategy on disruption of illegal export and 
                            trafficking of firearms to Mexico and 
                            certain Central American and Caribbean 
                            countries.
Sec. 5. Increasing participation in the eTrace program.
Sec. 6. Modifications to the Caribbean Basin Security Initiative.
Sec. 7. Designation of covered countries.
Sec. 8. Certification requirements relating to certain munitions 
                            exports.
Sec. 9. Limitation on licenses and other authorizations for export of 
                            certain items removed from the Commerce 
                            Control List and included on the United 
                            States Munitions List.
Sec. 10. Prohibition on promotion of covered munitions.
Sec. 11. Definitions.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Violence in Mexico, Central America, and the Caribbean 
        is exacerbated by firearms originating in the United States.
            (2) While firearms are trafficked to Mexico from a variety 
        of countries, firearms originating in the United States account 
        for 70 percent of the firearms recovered and traced from crimes 
        in Mexico, according to the 2021 Government Accountability 
        Office (GAO) report published by the Comptroller General of the 
        United States titled ``Firearms Trafficking: U.S. Efforts to 
        Disrupt Gun Smuggling into Mexico Would Benefit from Additional 
        Data and Analysis''.
            (3) United States-origin firearm flows contribute to human 
        rights violations, organized crime and gang violence, 
        extrajudicial killings, high homicide rates, domestic violence, 
        and femicides in Mexico, Central America, and the Caribbean.
            (4) Firearms trafficking from the United States and firearm 
        violence are key drivers of immigration and asylum claims from 
        Central America.
            (5) According to the United Nations Regional Centre for 
        Peace, Disarmament and Development in Latin America and the 
        Caribbean, firearms are used in 70 percent of homicides in the 
        Caribbean compared to 30 percent globally, and while the 
        Caribbean constitutes less than one percent of the global 
        population, it is responsible for 23 percent of all recorded 
        homicides.
            (6) In an August 2022 press conference, United States 
        officials of Homeland Security Investigations reported a 
        ``marked uptick in the number of weapons'', and an increase in 
        the caliber and type of weapons, being illegally trafficked to 
        Haiti and the rest of the Caribbean.
            (7) The Caribbean Basin Security Initiative of the 
        Department of State that commenced in 2009 is the regional 
        foreign assistance program of the United States that seeks to 
        reduce illicit trafficking in the Caribbean region and advance 
        public safety and security. The program includes improving the 
        capacity of Caribbean countries to intercept smuggled weapons 
        at airports and seaports, as well as support for forensic 
        ballistics and firearms destruction and stockpile management. 
        Assistance under the Caribbean Basin Security Initiative has 
        also included support for regional organizations, including--
                    (A) the Caribbean Community Implementation Agency 
                for Crime and Security (CARICOM IMPACS), based in 
                Trinidad and Tobago, the lead agency involved in the 
                issue of illicit firearms trafficking and increasing 
                the capacity of member states to detect and prevent 
                firearms trafficking; and
                    (B) the Eastern Caribbean's Regional Security 
                System, based in Barbados.
            (8) Two GAO reports (published in 2021 and 2022, 
        respectively) on firearms trafficking have affirmed that 
        firearms trafficking to Mexico and Central America continues to 
        represent a security concern to the United States, as United 
        States-origin firearms are diverted from legitimate owners and 
        end up in the hands of violent criminals, including drug 
        traffickers and other transnational criminal organizations. A 
        GAO report on the effect of firearms trafficking in the 
        Caribbean has not yet been compiled.
            (9) In these reports, the Comptroller General found that 
        Federal departments and agencies lacked information and 
        analysis of the firearms trafficking networks in Mexico and 
        Central America, that few efforts of the United States 
        Government in the region focused on firearms trafficking, and 
        that, as a result, such agencies lack a detailed understanding 
        of the firearms trafficking that fuels violence and enables 
        criminals in Belize, El Salvador, Guatemala, Honduras, and 
        Mexico.
            (10) Firearms used to kidnap and kill a group of United 
        States citizens traveling in Matamoros, Mexico were illegally 
        smuggled from the United States into Mexico. The suspect in 
        these killings admitted to Federal agents that he purchased 
        firearms in the United States, smuggled them across the border, 
        and knowingly provided them to members of the Gulf Cartel.
            (11) As the incident specified in paragraph (11) 
        demonstrates, United States-sourced firearms are being smuggled 
        and diverted to cartels implicated in the supply and flow of 
        illegal fentanyl and other dangerous drugs, threatening the 
        public health and safety of United States citizens.
            (12) In the 2022 GAO report ``Firearms Trafficking: More 
        Information Needed to Inform U.S. Efforts in Central America'', 
        the Comptroller General found that efforts of the United States 
        Government focused on firearms trafficking in Belize, El 
        Salvador, Guatemala, and Honduras lacked information about 
        relevant country conditions and performance measures to ensure 
        such efforts were designed and implemented to achieve the 
        intended objectives and, as a result, the Comptroller General 
        recommended that the Secretary of State obtain information 
        about the conditions in such countries, to support the 
        development of effective programs to reduce the availability of 
        illicit firearms.
            (13) Data on firearms trafficking is limited and to 
        understand the problem, data compilation is crucial.
            (14) As of the date of the publication of the report 
        specified in paragraph (12), the Secretary of Commerce had not 
        assigned any agents to Central America on permanent assignment.
            (15) In 2021 and 2022, 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 
        Guatemala, yet despite such inclusion, the Under Secretary of 
        Commerce for Industry and Security has authorized approximately 
        99,270 firearms exports to Guatemala since assuming 
        responsibility for firearms licensing in 2020.
            (16) When firearms were controlled under the United States 
        Munitions List and the licensing of firearms was the 
        responsibility of the Secretary of State, the average number of 
        firearms licensed for export to Guatemala was approximately 
        4,000 per year.
            (17) The current number of exports specified in paragraph 
        (15) represents an extraordinary increase (as much as 25 times 
        the average) from the number specified in paragraph (16), and 
        the Under Secretary of Commerce for Industry and Security has 
        only been able to conduct a very limited number of end-use 
        checks, according to the 2022 GAO report ``Firearms 
        Trafficking: More Information Needed to Inform U.S. Efforts in 
        Central America''.
            (18) Since the Department of Commerce gained jurisdiction 
        over the control of firearm export licensing, there has been a 
        30 percent increase in firearm exports in comparison to 
        averages for such exports when the control of such exports was 
        under the jurisdiction of the Department of State. The 
        Secretary of Commerce has also approved 95 percent of license 
        applications for such exports.
            (19) According to the U.S. Census Bureau, Mexico, 
        Guatemala, and Brazil have been among the top 10 destinations 
        for United States-manufactured semiautomatic firearm exports.
            (20) The Bipartisan Safer Communities Act (Public Law 117-
        159), which was enacted into law on June 25, 2022, implemented 
        key efforts to address firearm trafficking, including by 
        establishing a Federal criminal offense for firearm trafficking 
        and by strengthening the capability of the Bureau of Alcohol, 
        Tobacco, Firearms and Explosives to interdict firearms.
            (21) A growing number of firearms exported by United States 
        manufacturers are found involved in violent crimes worldwide. 
        For instance, the pistol used in a mass shooting of 23 children 
        and two teachers in Thailand in October 2022 was linked to a 
        United States factory.

SEC. 3. TRANSFER OF REGULATORY CONTROL OF CERTAIN MUNITIONS EXPORTS 
              FROM DEPARTMENT OF COMMERCE TO DEPARTMENT OF STATE.

    (a) Transfer.--Not later than 1 year after the date of the 
enactment of this Act--
            (1) the Secretary of Commerce shall transfer the control 
        over the export of each previously covered item to the 
        jurisdiction of the Department of State; and
            (2) following such transfer, the Secretary of State may not 
        transfer the control over the export of any covered munition to 
        the jurisdiction of the Department of Commerce.
    (b) Regulations.--The Secretary of State and the Secretary of 
Commerce shall prescribe such regulations as may be necessary to 
implement this section by the date specified in subsection (a).
    (c) Rule of Construction.--Nothing in this section shall be 
construed as limiting any authority relating to the designation, 
control, or removal of items under the United States Munitions List or 
the Commerce Control List, other than the specific authority to 
transfer the control of an item as specified in subsection (a).
    (d) Prohibition on Promotion of Certain Munitions Exports by 
Department of Commerce.--The Secretary of Commerce may not take any 
actions to promote the export of any previously covered item, including 
actions before, on, or after the date on which the Secretary transfers 
the control over the export of the previously covered item to the 
jurisdiction of the Department State under subsection (a).

SEC. 4. REPORTS AND STRATEGY ON DISRUPTION OF ILLEGAL EXPORT AND 
              TRAFFICKING OF FIREARMS TO MEXICO AND CERTAIN CENTRAL 
              AMERICAN AND CARIBBEAN COUNTRIES.

    (a) Report.--
            (1) Submission.--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:
                    (A) 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).
                    (B) The illegal trafficking of firearms obtained in 
                the United States to recipients in such countries.
            (2) Matters.--The report under paragraph (1) shall include, 
        with respect to the efforts specified in such paragraph, the 
        following:
                    (A) An identification of any such efforts, 
                including efforts to accomplish the following 
                objectives:
                            (i) Tracking and verifying information 
                        regarding the end-users of firearms so 
                        exported, including by entering into data-
                        sharing agreements--
                                    (I) with appropriate counterparts 
                                from the governments of such covered 
                                countries; and
                                    (II) between the relevant 
                                departments and agencies of the United 
                                States Government.
                            (ii) Ensuring the destruction of surplus 
                        firearms so exported.
                            (iii) Ensuring that firearms so exported 
                        are not used to commit extrajudicial killings 
                        or other gross violations of internationally 
                        recognized human rights.
                            (iv) 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.
                            (v) Tracking and verifying information 
                        regarding the end-users of firearms obtained in 
                        the United States and illegally trafficked to 
                        such covered countries.
                            (vi) Combating all forms of cross-border 
                        smuggling of firearms from the United States, 
                        including via maritime vessels and aircraft.
                            (vii) 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.
                            (viii) Identifying the origin of trafficked 
                        firearms, including through the serial numbers 
                        of trafficked firearms, and sharing such 
                        information with relevant law enforcement 
                        agencies of--
                                    (I) the United States;
                                    (II) the respective covered 
                                country; and
                                    (III) any other country determined 
                                relevant for purposes of such 
                                information sharing.
                            (ix) 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.
                            (x) 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.
                    (B) An assessment of the results of the efforts 
                identified pursuant to subparagraph (A).
                    (C) 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.
    (b) Inter-Agency Strategy.--
            (1) In general.--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.
            (2) Elements.--The strategy under paragraph (1) shall 
        include the following:
                    (A) A plan for the United States to accomplish each 
                of the objectives specified in subsection (a)(2)(A).
                    (B) An identification of specific performance 
                measures, targets (including the baselines for such