Made-in-America Defense Act
Officially: “Made-in-America Defense Act” Read the full text
What it does
Read it in plain language
1Short title
This section gives the bill its short title, the FMS-Only List Review Act.
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1. Short title This Act may be cited as the FMS-Only List Review Act .
2Review and report
This section would require the Secretary of State, working with the Secretary of Defense, to review defense articles and services within 1 year after the bill becomes law, and then every year after that. The review would cover items that can be transferred under the Foreign Military Sales program (under chapter 2 of the Arms Export Control Act) but that cannot currently be sold through direct commercial sales (under section 38 of that Act). The goal of the review is to identify which of these items should be made eligible for direct commercial sales instead. For each item covered by the review, the Secretary of State must address three things: how long a Foreign Military Sales transfer of the item takes compared to a direct commercial sale transfer; how moving the item to direct commercial sale would affect the workload of the Department of State and the Department of Defense; and what benefits moving the item to direct commercial sale would bring to United States national security and United States competitiveness. While conducting the review, the Secretary of State must consult with the Defense Trade Advisory Group of the Department of Defense and with other interested parties. Within 30 days after each review is completed, the Secretary of State, in coordination with the Secretary of Defense, must submit a report to certain congressional committees. The report must include the criteria used to identify the defense articles and services under that review, and it must identify any articles or services that are newly identified or no longer identified compared with the previous review, along with the reasons for the change. The report must be submitted in unclassified form, but it may include a classified annex. The committees that receive the report are the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
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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.
Where it is
In the House.