IIB 
119TH CONGRESS 
1ST SESSION H. R. 4216 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 3, 2025 
Received; read twice and referred to the Committee on Foreign Relations 
AN ACT 
To direct the Secretary of State, in coordination with the 
Secretary of Defense, to carry out a review of the list 
of defense articles and services required to be transferred 
under the foreign military sales program as opposed to 
direct commercial sale (FMS-Only List). 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
22:30 Sep 03, 2025
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4216.RFS
H4216
kjohnson on DSK7ZCZBW3PROD with $$_JOB
HR 4216 RFS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Made-in-America De-
fense Act’’. 
SEC. 2. SENSE OF CONGRESS. 
Congress— 
(1) believes the expeditious delivery of defense 
articles and services to allies and partners strength-
ens American national security; 
(2) notes that the Department of Defense con-
tracting process often adds significant amounts of 
time to the delivery of defense articles and services 
to allies and partners, and in some cases these arti-
cles and services could be appropriately transferred 
more quickly using direct commercial sales; and 
(3) supports the ongoing and periodic review of 
the FMS-Only List to ensure that defense articles 
and services that can be appropriately transferred 
using direct commercial sales are not included on 
the FMS-Only list. 
SEC. 3. REVIEW AND REPORT. 
(a) REVIEW.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, and annually 
thereafter, the Secretary of State, in coordination 
with the Secretary of Defense, shall carry out a re-
view of defense articles and defense services that are 
VerDate Sep 11 2014 
22:30 Sep 03, 2025
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4216.RFS
H4216
kjohnson on DSK7ZCZBW3PROD with $$_JOB
HR 4216 RFS
eligible to be provided under the foreign military 
sales program under chapter 2 of the Arms Export 
Control Act, but not eligible to be provided under di-
rect commercial sales under section 38 of such Act, 
in order to identify those articles and services that 
should also be eligible to be provided under direct 
commercial sales. 
(2) MATTERS TO BE ADDRESSED.—The review 
required by this subsection shall address the fol-
lowing with respect to each defense article and de-
fense services identified under this subsection: 
(A) The average length of time to complete 
a transfer of the article or service under the 
foreign military sales program compared to 
such a transfer under a direct commercial sale, 
measured from the initial submission of the let-
ter of request to the delivery of the article or 
service. 
(B) The impact on the workload for the 
Department of State and Department of De-
fense by reason of a transfer of the article or 
service under a direct commercial sale. 
(C) The benefits to United States national 
security and United States competitiveness by 
VerDate Sep 11 2014 
22:30 Sep 03, 2025
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4216.RFS
H4216
kjohnson on DSK7ZCZBW3PROD with $$_JOB
HR 4216 RFS
reason of a transfer of the article or service 
under a direct commercial sale. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 30 days after 
the completion of each review required by subsection 
(a), the Secretary of State, in coordination of the 
Secretary of Defense, shall submit to the appro-
priate congressional committees a report that con-
tains the results of the review, including— 
(A) the average time to transfer the re-
viewed defense articles or services during the 
previous reporting period through the foreign 
military sales program and through direct com-
mercial sales and how those averages compare 
to the averages reported in the previous report-
ing period; 
(B) the leading causes of delays; 
(C) any steps taken to reduce those delays; 
and 
(D) any defense articles and services added 
to or removed from the FMS-Only list during 
the preceding reporting period, as well as the 
justification for such decisions. 
VerDate Sep 11 2014 
22:30 Sep 03, 2025
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4216.RFS
H4216
kjohnson on DSK7ZCZBW3PROD with $$_JOB
HR 4216 RFS
(2) FORM.—The report required by this sub-
section shall be submitted in unclassified form, but 
may contain a classified annex. 
(3) DEFINITIONS.—In this subsection— 
(A) the term ‘‘appropriate congressional 
committees’’ means— 
(i) the Committee on Foreign Affairs 
and the Committee on Armed Services of 
the House of Representatives; and 
(ii) the Committee on Foreign Rela-
tions and the Committee on Armed Serv-
ices of the Senate; and 
(B) the term ‘‘FMS-only list’’ means the 
list maintained by the Secretary of State of de-
fense articles and defense services that are eligi-
ble to be provided under the foreign military 
sales program under chapter 2 of the Arms Ex-
port Control Act, but not eligible to be provided 
under direct commercial sales under section 38 
of such Act. 
Passed the House of Representatives September 2, 
2025. 
Attest: 
KEVIN F. MCCUMBER, 
Clerk. 
VerDate Sep 11 2014 
22:30 Sep 03, 2025
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4216.RFS
H4216
kjohnson on DSK7ZCZBW3PROD with $$_JOB