H.R. 8649 explained  ·  119th Congress  ·  Pending in Congress

Expanding the Defense Industrial Base Sales Act

Create a free account or sign in to follow H.R. 8649 and get alerts. Policy area: International Affairs Create a free account or sign in to follow the International Affairs policy area and get alerts. ▲ 160 days since action Sponsor: Michael Baumgartner, WA-05, R → Congress.gov

Cosponsors: 1 (0 D, 1 R) · per Congress.gov, 2026-10-08

Introduced: 2026-05-04

Latest action (2026-05-13): Ordered to be Reported Unfavorably by the Yeas and Nays: 23 - 23.

What H.R. 8649 does, in plain terms

The Congressional Research Service has not published a summary of H.R. 8649 yet. Its official title: “Expanding the Defense Industrial Base Sales Act”.

Constitution Index

“VFA Constitution grade”

Not graded yet

H.R. 8649 has not been graded yet. New measures with an official summary are graded daily under the published rubric.

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 1.00

Archived SI output (machine-generated)

No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.

Synthesis

The bill is constitutional under Congress's enumerated powers to provide for the common defense and regulate commerce with foreign nations, including measures to expand the defense industrial base through sales.

Hamilton YES

The proposed legislation to expand the defense industrial base sales falls within the enumerated powers of Congress to provide for the common defense and to regulate commerce with foreign nations. A robust defense establishment, including its industrial capacity for production and potential sales, is essential to the security of the Union, as a divided or weak provision for military necessities invites foreign aggression and domestic disorder. Congress possesses plenary authority over the regulation of the armed forces and related establishments, enabling measures to strengthen the industrial …

Article I, Section 8, Clause 1 Article I, Section 8, Clause 3 Federalist No. 23 Federalist No. 24
Jefferson YES

The Congress possesses enumerated powers to provide for the common defence and to regulate commerce with foreign nations, which encompass measures to strengthen the industrial base essential for national defence through regulated sales. Such an act, if strictly confined to these powers, aligns with the constitutional grant of authority to lay taxes for defence, maintain armies and navies, and regulate foreign commerce, without encroaching upon reserved powers of the states or individuals. From first principles, individual liberty is preserved so long as federal action remains necessary and pro…

Article I, Section 8, Clause 1 Article I, Section 8, Clause 3 Article I, Section 8, Clause 12 Tenth Amendment
Madison YES

The proposed legislation to expand the defense industrial base through sales aligns with Congress's enumerated powers to provide for the common defense and to regulate commerce with foreign nations. Such measures support the maintenance of military establishments necessary for national security, without encroaching upon reserved powers of the states or exceeding constitutional bounds. The referral to committee adheres to the deliberative process contemplated for legislative action.

Article I, Section 8, Clause 12 Federalist No. 41
Marshall YES

The proposed legislation, titled 'Expanding the Defense Industrial Base Sales Act,' falls within the enumerated powers of Congress to 'provide for the common Defence' and 'regulate Commerce with foreign Nations.' The maintenance and expansion of an industrial base for defense, including the regulation of sales therein, is a means plainly adapted to these ends and not prohibited by the Constitution. As established in McCulloch v. Maryland, Congress possesses implied powers under the necessary and proper clause to employ all means that are appropriate, which are not expressly forbidden, to execu…

Article I, Section 8, Clause 1 Article I, Section 8, Clause 3 Article I, Section 8, Clause 18 McCulloch v. Maryland (1819) Gibbons v. Ogden (1824)
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