Technical corrections only. The changes between v2 and v3 reflect the bill's procedural movement from the House of Representatives to the Senate, including updated legislative status and clerk information. No substantive policy changes were made to the bill's text.
Made-in-America Defense Act
- Sponsor
- Rep. Biggs, Sheri [R-SC-3]
- Committees
- Foreign Relations Committee (primary)
- Last action
- Sep 3, 2025
Bottom line
The Made-in-America Defense Act aims to streamline the transfer of certain defense articles and services to allies by shifting eligible items from the Foreign Military Sales program to Direct Commercial Sales through a mandated annual review and reporting process.
What it actually does
This bill directs the Secretary of State, in coordination with the Secretary of Defense, to conduct an annual review of the FMS-Only List, which contains defense articles and services exclusively available through the Foreign Military Sales (FMS) program. The purpose of the review is to identify items that could also be eligible for Direct Commercial Sales (DCS) to expedite transfers to allies and partners. The bill mandates an annual report to Congress detailing the review's findings, causes of delays, steps taken to reduce them, and any changes to the FMS-Only List.
Proponents argue
Proponents argue that this bill will strengthen American national security by ensuring the expeditious delivery of critical defense articles and services to allies and partners. They contend that the current Department of Defense contracting process often introduces significant delays that could be avoided by utilizing direct commercial sales for appropriate items, thereby enhancing responsiveness and U.S. competitiveness in the global defense market.
Opponents contend
While the bill itself reflects a 'Sense of Congress' in favor of its objectives, potential critics might raise concerns that shifting more items to Direct Commercial Sales could reduce government oversight over sensitive defense transfers, potentially impacting national security interests or increasing the risk of misuse. They might also argue that the administrative burden of annual reviews and reports on the State and Defense departments could outweigh the benefits for certain items.
The bill is very concise and straightforward, making it highly accessible for a reader to understand its core provisions and implications within a short timeframe.
Section 2
Sense of Congress on Defense Article Transfers
This section outlines Congress's belief that faster delivery of defense articles and services to allies and partners enhances American national security. It notes that the Department of Defense's contracting process often causes significant delays and suggests that some items could be transferred more quickly via direct commercial sales. Congress explicitly supports the ongoing review of the FMS-Only List to ensure that items suitable for direct commercial sales are not unnecessarily restricted to the FMS program.
Supporters argue
Supporters argue that this 'Sense of Congress' clearly articulates the legislative intent behind the bill, emphasizing the strategic importance of efficient defense transfers and setting the stage for necessary reforms to benefit national security and international partnerships.
Critics contend
No specific opposition is typically raised against a 'Sense of Congress' as it is non-binding. However, critics of the underlying policy might argue that an overemphasis on speed could potentially compromise thorough vetting or strategic control in defense transfers.
Tradeoffs
This provision highlights the tension between the desire for rapid delivery of defense capabilities to allies and the inherent complexities and oversight requirements of government-to-government sales processes.
Section 3
Annual Review of FMS-Only List and Congressional Report
This section mandates that the Secretary of State, in coordination with the Secretary of Defense, conduct an annual review of the FMS-Only List. The review's primary goal is to identify defense articles and services currently restricted to the Foreign Military Sales (FMS) program that could also be eligible for Direct Commercial Sales (DCS). The review must assess the average transfer times for both FMS and DCS, the impact on State and Defense Department workloads, and the benefits to U.S. national security and competitiveness from shifting items to DCS. Following each review, a report must be submitted to relevant congressional committees, detailing the findings, causes of delays, steps taken to reduce them, and any additions or removals from the FMS-Only List, along with justifications.