H.R. 4216House119th Congress (2025-2027)Passed House

Made-in-America Defense Act

Introduced June 27, 2025

AI-Generated Summary

Updated November 23, 2025 at 11:41 PM UTC

The Made‑in‑America Defense Act requires the State Department, working with the Defense Department, to review each year the list of defense items that can only be sold through the foreign military sales (FMS) program. The goal is to identify items that could be transferred more quickly through direct commercial sales, speeding delivery to U.S. allies and partners and improving national security and competitiveness.

Key Provisions

  • Within one year of enactment and annually thereafter, the Secretaries of State and Defense must review the FMS‑Only List to see which defense articles and services could also be sold commercially.
  • The review must compare average delivery times, assess workload impacts, and evaluate security and competitiveness benefits of using direct commercial sales.
  • Within 30 days after each review, an unclassified report (with a possible classified annex) must be sent to the House Foreign Affairs and Armed Services committees and the Senate Foreign Relations and Armed Services committees.
  • The report must include time‑comparisons, causes of delays, steps taken to reduce delays, and any additions or removals from the FMS‑Only List with justification.

Legislative Activity

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12 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Foreign Relations.

September 3, 2025

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HouseIntro Referral

Introduced in House

June 27, 2025

HouseIntro Referral

Referred to the House Committee on Foreign Affairs.

June 27, 2025

HouseCommittee

Committee Consideration and Mark-up Session Held

July 22, 2025

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 48 - 0.

July 22, 2025

HouseFloor

Mr. Baumgartner moved to suspend the rules and pass the bill, as amended.

September 2, 2025 • 4:13 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H3727-3728)

September 2, 2025 • 4:14 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 4216.

September 2, 2025 • 4:14 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

September 2, 2025 • 4:22 PM

HouseFloor

Considered as unfinished business. (consideration: CR H3741)

September 2, 2025 • 6:32 PM

HouseFloor

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)

September 2, 2025 • 6:57 PM

HouseFloor

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)

September 2, 2025 • 6:57 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 2, 2025 • 6:57 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Foreign Relations.

September 3, 2025

Floor Debate

3 members

What members said about H.R. 4216 on the floor

2 Republicans1 Democrat
Michael Baumgartner
Rep. Michael BaumgartnerR-WA-5 · Sep 2, 2025

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4216) to direct the Secretary of State, in coordination with the Secretary of Defense, to carry out a review of the list of defense…

Gregory W. Meeks
Rep. Gregory W. MeeksD-NY-5 · Sep 2, 2025

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 4216. This bill directs the Department of State to conduct an annual review in consultation with the…

Sheri Biggs
Rep. Sheri BiggsR-SC-3 · Sep 2, 2025

Mr. Speaker, President Trump made it clear: Put American jobs first, and cut the Washington red tape. I am proud to say that my bill delivers by turning the President's executive order into law and…

Bill Text

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Reading Mode
Latest
Referred in SenateIssued September 3, 2025

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.