HR 4216 United States House · 119th Congress

Made-in-America Defense Act

This bill, officially titled the "FMS-Only List Review Act" (not "Made-in-America Defense Act"), requires the State and Defense Secretaries to annually review defense items currently only available via Foreign Military Sales (FMS) but not direct commercial sales. The review must assess transfer times, agency workload impacts, and national security/competitiveness benefits of shifting items to direct sales. It mandates a report to Congress within 30 days of each review, detailing identified items and reasons for changes. The bill directly affects defense contractors, the State Department, and Congress, focusing on streamlining sales processes without altering eligibility rules.
Bill status passed 3 of 5 stages cleared
Introduction
Jun 2025
Committee Review
Sep 2025
House Passage
Sep 2025
Senate Passage
President
Introduced Jun 27, 2025 Last action Sep 3, 2025
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What changed between versions

Introduced in House Engrossed in House · 6 edits · Sep 2, 2025
MODERATE
The bill was renamed from the 'FMS-Only List Review Act' to the 'Made-in-America Defense Act,' a new 'Sense of Congress' section was added expressing support for faster defense transfers via direct commercial sales, and the annual reporting requirements were significantly expanded to include delay analysis, corrective steps taken, and changes to the FMS-Only List. The consultation requirement with the Defense Trade Advisory Group was removed.
SCOPE

The bill title changed from 'FMS-Only List Review Act' to 'Made-in-America Defense Act,' signaling a broader framing around American defense industry competitiveness rather than just list review.

A new Section 2 (Sense of Congress) was added stating that Congress believes faster delivery of defense articles strengthens national security, notes that DoD contracting adds significant time, and supports periodic review of the FMS-Only List to remove items that can be transferred via direct commercial sales.

REQUIREMENT

The review criteria for measuring transfer time was made more specific: it now requires measuring 'the average length of time' from 'initial submission of the letter of request to delivery,' rather than just a general comparison of time to complete a transfer.

The requirement that the Secretary of State consult with the Defense Trade Advisory Group and other interested parties during the review was removed.

ENFORCEMENT

The annual report requirements were substantially expanded. The old report asked for criteria used and identification of newly added/removed items. The new report must include: average transfer times compared to the prior period, leading causes of delays, steps taken to reduce delays, and any additions or removals from the FMS-Only List with justifications.

DEFINITION

A formal definition of 'FMS-only list' was added, defining it as the list maintained by the Secretary of State of defense articles and services eligible for foreign military sales but not for direct commercial sales under section 38 of the Arms Export Control Act.

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Full legislative history

Actions timeline

Total actions
13
Key actions
2
Committee
3
Amendments
3
Sep 3, 2025
Committee
Received in the Senate and Read twice and referred to the Committee on Foreign Relations.
upper
Sep 2, 2025
Introduced
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 395 - 20 (Roll no. 219). (text: CR H3727)
lower
Sep 2, 2025
Lower · Passed
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 395 - 20 (Roll no. 219). (text: CR H3727)
lower
Sep 2, 2025
Introduced
Mr. Baumgartner moved to suspend the rules and pass the bill, as amended.
lower
Jul 22, 2025
Introduced
Ordered to be Reported (Amended) by the Yeas and Nays: 48 - 0.
lower
Jul 22, 2025
Lower · Passed
Committee Consideration and Mark-up Session Held
lower
Jun 27, 2025
Committee
Referred to the House Committee on Foreign Affairs.
lower
Jun 27, 2025
Introduced
Introduced in House
lower
1 primary · 5 co-sponsors

Sponsors