Made-in-America Defense Act

FMS-Only List Review Act

This bill requires the Department of State to conduct an annual review to identify defense articles and services eligible to be sold only through Foreign Military Sales (FMS) (i.e., U.S. government to foreign government sales) that should also be eligible to be sold through Direct Commercial Sales (DCS) (i.e., U.S. company to foreign government sales).

For each article or service identified, the review must address (1) the length of time to complete a transfer of the article or service through the FMS program as compared to the DCS process; (2) the impact of a transfer of the article or service through the DCS process on the workload of the State Department and the Department of Defense; and (3) the benefits of the transfer of the article or service through the DCS process to U.S. national security and competitiveness.  

Within 30 days of the completion of each annual review, the State Department must report to Congress on the results of the review.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4216 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                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).


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 27, 2025

 Mrs. Biggs of South Carolina (for herself, Mr. Zinke, Mr. Lawler, Mr. 
 Baumgartner, Mr. McCormick, and Mr. Moylan) introduced the following 
      bill; which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
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 ``FMS-Only List Review Act''.

SEC. 2. 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 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 length of time to complete a transfer of 
                the article or service under the Foreign Military Sales 
                program as compared to a transfer under a direct 
                commercial sale.
                    (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.
            (3) Consultation.--The Secretary of State shall consult 
        with the Defense Trade Advisory Group of the Department of 
        Defense and other interested parties in conducting the review 
        required by this subsection.
    (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 criteria used to identify defense articles 
                and defense services under this subsection under the 
                current review; and
                    (B) an identification of those defense articles and 
                defense services that have been newly identified or no 
                longer identified under the current review and the 
                reasons therefor.
            (2) Form.--The report required by this subsection shall be 
        submitted in unclassified form, but may contain a classified 
        annex.
            (3) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Armed Services of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Armed Services of the Senate.
                                 <all>