H.R. 4216

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4216 Referred in Senate (RFS)]

<DOC>
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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Made-in-America Defense Act''.

SEC. 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.

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 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.

Attest:

KEVIN F. MCCUMBER,

Clerk.