[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.

                          ____________________