Made-in-America Defense Act

Bill: 119-hr-4216
Sponsor: full_name: Rep. Biggs, Sheri [R-SC-3]
Introduced: 2025-06-27
Policy area: International Affairs
Subjects: Congressional oversight

Foreign aid and international relief

Military assistance, sales, and agreements

Trade restrictions
Latest action: action_date: 2025-09-03
text: Received in the Senate and Read twice and referred to the Committee on Foreign Relations.

Summaries:
action_date: 2025-06-27
action_desc: Introduced in House
text: <p><strong>FMS-Only List Review Act</strong></p><p>This bill requires the Department of State to conduct an annual review to identify defense articles and services eligible to be sold only through Foreign Military Sales (FMS) (i.e., U.S. government to foreign government sales) that should also be eligible to be sold through Direct Commercial Sales (DCS) (i.e., U.S. company to foreign government sales).</p><p>For each article or service identified, the review must address (1) the length of time to complete a transfer of the article or service through the FMS program as compared to the DCS process; (2) the impact of a transfer of the article or service through the DCS process on the workload of the State Department and the Department of Defense; and (3) the benefits of the transfer of the article or service through the DCS process to U.S. national security and competitiveness. &nbsp;</p><p>Within 30 days of the completion of each annual review, the State Department must report to Congress on the results of the review.</p>

tv_txt: 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).

1. Short title This Act may be cited as the Made-in-America Defense Act . 2. Sense of Congress Congress— (1) believes the expeditious delivery of defense articles and services to allies and partners strengthens American national security; (2) notes that the Department of Defense contracting process often adds significant amounts of time to the delivery of defense articles and services to allies and partners, and in some cases these articles 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. 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 review of defense articles and defense services that are 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 direct 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 following with respect to each defense article and defense 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 letter of request to the delivery of the article or service. (B) The impact on the workload for the Department of State and Department of Defense 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 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 appropriate congressional committees a report that contains the results of the review, including— (A) the average time to transfer the reviewed defense articles or services during the previous reporting period through the foreign military sales program and through direct commercial sales and how those averages compare to the averages reported in the previous reporting 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. (2) Form The report required by this subsection 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 Relations and the Committee on Armed Services of the Senate; and (B) the term FMS-only list means the list maintained by the Secretary of State of defense articles and defense services that are 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 direct commercial sales under section 38 of such Act.

Passed the House of Representatives September 2, 2025. Kevin F. McCumber, Clerk.

tv_txt: I 119th CONGRESS 1st Session H. R. 4216 IN THE HOUSE OF REPRESENTATIVES 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).

1. Short title This Act may be cited as the Made-in-America Defense Act . 2. Sense of Congress Congress— (1) believes the expeditious delivery of defense articles and services to allies and partners strengthens American national security; (2) notes that the Department of Defense contracting process often adds significant amounts of time to the delivery of defense articles and services to allies and partners, and in some cases these articles 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. 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 review of defense articles and defense services that are 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 direct 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 following with respect to each defense article and defense 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 letter of request to the delivery of the article or service. (B) The impact on the workload for the Department of State and Department of Defense 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 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 appropriate congressional committees a report that contains the results of the review, including— (A) the average time to transfer the reviewed defense articles or services during the previous reporting period through the foreign military sales program and through direct commercial sales and how those averages compare to the averages reported in the previous reporting 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. (2) Form The report required by this subsection 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 Relations and the Committee on Armed Services of the Senate; and (B) the term FMS-only list means the list maintained by the Secretary of State of defense articles and defense services that are 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 direct commercial sales under section 38 of such Act.

Passed the House of Representatives September 2, 2025. Kevin F. McCumber, Clerk.

tv_txt: I 119th CONGRESS 1st Session H. R. 4216 IN THE HOUSE OF REPRESENTATIVES June 27, 2025 Mrs. Biggs of South Carolina (for herself, Mr. Zinke , Mr. Lawler , Mr. Baumgartner , Mr. McCormick , and Mr. Moylan ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL 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).

1. Short title This Act may be cited as the FMS-Only List Review Act . 2. 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 review of defense articles and defense services that are 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 direct commercial sales under section 38 of such Act in order to identify those articles and services that should be eligible to be provided under direct commercial sales. (2) Matters to be addressed The review required by this subsection shall address the following with respect to each defense article and defense services identified under this subsection: (A) The length of time to complete a transfer of the article or service under the Foreign Military Sales program as compared to a transfer under a direct commercial sale. (B) The impact on the workload for the Department of State and Department of Defense 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 reason of a transfer of the article or service under a direct commercial sale. (3) Consultation The Secretary of State shall consult with the Defense Trade Advisory Group of the Department of Defense and other interested parties in conducting the review required by this subsection. (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 appropriate congressional committees a report that contains the results of the review, including— (A) the criteria used to identify defense articles and defense services under this subsection under the current review; and (B) an identification of those defense articles and defense services that have been newly identified or no longer identified under the current review and the reasons therefor. (2) Form The report required by this subsection shall be submitted in unclassified form, but may contain a classified annex. (3) Appropriate congressional committees defined In this subsection, the term appropriate 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.