[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4216 Engrossed in House (EH)]
<DOC>
119th CONGRESS
1st Session
H. R. 4216
_______________________________________________________________________
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:
Clerk.
119th CONGRESS
1st Session
H. R. 4216
_______________________________________________________________________
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).