[Congressional Record Volume 171, Number 143 (Tuesday, September 2, 2025)]
[House]
[Pages H3727-H3728]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MADE-IN-AMERICA DEFENSE ACT
Mr. BAUMGARTNER. 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 articles and services required to be transferred under the
foreign military sales program as opposed to direct commercial sale
(FMS-Only List), as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4216
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Washington (Mr. Baumgartner) and the gentleman from New York (Mr.
Meeks) each will control 20 minutes.
The Chair recognizes the gentleman from Washington.
General Leave
Mr. BAUMGARTNER. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
Mr. BAUMGARTNER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of this legislation to improve the
foreign military sales process.
When our partners and allies choose to procure U.S.-origin defense
articles or services, they have a choice to purchase items via either
the foreign military sales process or the direct commercial sales
process.
While foreign military sales are often the path of choice due to the
robust, total-package approach, direct commercial sales are preferable
in many cases, as it is faster and a more nimble process than foreign
military sales.
However, the State Department maintains an out-of-date list of
defense articles that may only be purchased via foreign military sales.
This list is meant to only include the most sensitive technologies that
would pose a risk to U.S. competitiveness or national security if these
technologies fell into the wrong hands.
However, its outdated nature ends up creating the very problem that
it seeks to avoid. U.S. competitiveness is limited, as our partners
choose to turn to other sources for technologies that are too slow to
procure from the U.S.
President Trump's April 9 executive order mandated that the State
Department review and update the foreign military sales-only list.
This legislation would codify that requirement and go one step
further by requiring an annual review of the list. This legislation
would also enhance congressional reporting requirements to ensure that
Congress has oversight over any changes to the list.
This much-needed legislation is a key part of reforming our foreign
defense sales process to ensure that the United States maintains its
competitiveness and remains the global partner of choice for
procurement of defense technology.
[[Page H3728]]
Mr. Speaker, as a member of the Foreign Arms Sales Task Force, I urge
my colleagues to support this bill, and I reserve the balance of my
time.
Mr. MEEKS. 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 Department of Defense of what weapons and technologies can be moved
from the FMS-only list to be eligible for direct commercial sales.
It also requires helpful reporting to Congress on the process and
evaluation of these changes. Importantly, it does not modify or
undermine Congress' oversight or visibility into the proposed arms
transfers.
The context behind this bill is very important. Our country provides
defense articles and services to our allies and partners via foreign
military sales, often abbreviated to ``FMS.'' U.S. FMS cases offer a
unique approach, which include not only the most capable military
platforms to our friends but what historically has been known as the
total-package approach.
This refers to the fact that the United States, via FMS sales,
provides not only the military hardware itself, but a total package
that includes training, repairs, and maintenance support, as well as
capacity building for that nation's military.
Our adversaries, quite simply, do not and often cannot provide both
such exquisite technologies but also the whole suite of support that
comes with them. The advanced technology, as well as the total-package
approach and our diplomatic influence, values, and position sets us
apart.
While FMS transfers are fit for many cases and situations, some
foreign partners have sought to expand their defense purchases via
greater direct commercial sales from U.S. firms. While these steps need
to be taken carefully, the review required by this bill is a smart step
in the right direction which I support.
Mr. Speaker, I encourage my colleagues to join in supporting this
measure, and I reserve the balance of my time.
Mr. BAUMGARTNER. Mr. Speaker, I yield 3 minutes to the gentlewoman
from South Carolina (Mrs. Biggs), the sponsor of this legislation.
Mrs. BIGGS of South Carolina. 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 investing in American workers.
The Made-in-America Defense Act strengthens domestic manufacturing.
It supports our allies, and it advances our national security, all by
cutting through the Washington bureaucracy that too often slows us
down.
{time} 1620
Here is the bottom line: This bill will produce more jobs for our
tradesmen and boost manufacturing in South Carolina and across the
Nation.
For South Carolina's Third District, it means good jobs for welders,
machinists, and engineers. It means new orders coming into counties
like Anderson, Greenwood, Newberry, and Oconee, and many other
hardworking blue-color communities all across the Nation.
Importantly, it means America's best equipment reaching our allies
faster than ever before.
Mr. Speaker, I urge my colleagues to support this bill.
Mr. MEEKS. Mr. Speaker, I yield myself the balance of my time for the
purpose of closing, but I will be very brief.
This legislation provides a useful directive while maintaining
congressional prerogatives and oversight over armed sales. I hope that
all of my colleagues will join me and support this bill.
Mr. Speaker, I yield back the balance of my time.
Mr. BAUMGARTNER. Mr. Speaker, reforming America's foreign defense
sales is a top priority of this administration. We must do our part to
codify the improvements initiated by President Trump. I am proud to
support this legislation to improve the foreign defense system, and I
urge my colleagues to join me in supporting this bill.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Washington (Mr. Baumgartner) that the House suspend the
rules and pass the bill, H.R. 4216, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BAUMGARTNER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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