Arms Sales: Congressional Review Process

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Arms Sales: Congressional Review Process
~~May 24~~October 20, 2021 , 2021
This report reviews the process and procedures that currently apply to congressional This report reviews the process and procedures that currently apply to congressional
consideration of foreign arms sales proposed by the President. This includes consideration of consideration of foreign arms sales proposed by the President. This includes consideration of
Paul K. Kerr
proposals to sell major defense equipment, defense articles and services, or the retransfer to third- proposals to sell major defense equipment, defense articles and services, or the retransfer to third-
Specialist in Specialist in
party states of such military items. Under Section 36(b) of the Arms Export Control Act (AECA), party states of such military items. Under Section 36(b) of the Arms Export Control Act (AECA),
Nonproliferation Nonproliferation
Congress must be formally notified Congress must be formally notified 30 calendar days before the Administration can take the final calendar days before the Administration can take the final

steps to conclude a government-to-government foreign military sale of major defense equipment steps to conclude a government-to-government foreign military sale of major defense equipment
valued at $14 millionvalued at $14 million or more, defense articles or services valued at $50 million or more, or or more, defense articles or services valued at $50 million or more, or

design and construction services valued at $200 million or more. In the case of such sales to design and construction services valued at $200 million or more. In the case of such sales to
NATO member states, NATO, Japan, Australia, South Korea, Israel, or New Zealand, Congress must be formally notified NATO member states, NATO, Japan, Australia, South Korea, Israel, or New Zealand, Congress must be formally notified 15
calendar days before the Administration can proceed with the sale. However, the prior notice threshold values are higher for calendar days before the Administration can proceed with the sale. However, the prior notice threshold values are higher for
sales to NATO members, Japan, Australia, South Korea, Israel, or New Zealand. Commercially licensed arms sales also must sales to NATO members, Japan, Australia, South Korea, Israel, or New Zealand. Commercially licensed arms sales also must
be formally notified to Congress be formally notified to Congress 30 calendar days before the export license is issued if they involve the sale of major defense calendar days before the export license is issued if they involve the sale of major defense
equipment valued at $14 millionequipment valued at $14 million or more, or defense articles or services valued at $50 million or more (Section 36(c) AECA). or more, or defense articles or services valued at $50 million or more (Section 36(c) AECA).
In the case of such sales to NATO member states, NATO, Japan, Australia, South Korea, Israel, or New Zealand, Congress In the case of such sales to NATO member states, NATO, Japan, Australia, South Korea, Israel, or New Zealand, Congress
must be formally notified must be formally notified 15 calendar days before the Administration is authorized to proceed with a given sale. As with calendar days before the Administration is authorized to proceed with a given sale. As with
government-to-government sales, the prior notice threshold values are higher for sales to NATO members, Japan, Australia, government-to-government sales, the prior notice threshold values are higher for sales to NATO members, Japan, Australia,
South Korea, Israel, or New Zealand. South Korea, Israel, or New Zealand.
Furthermore, commercially licensed arms sales cases involving defense articles that are firearms Furthermore, commercially licensed arms sales cases involving defense articles that are firearms -controlled under category I -controlled under category I
of the United States Munitions List and valued at $1 million or more must also be formally notified to Congress for review of the United States Munitions List and valued at $1 million or more must also be formally notified to Congress for review 30
days prior to the license for export being approved. In the case of proposed licenses for such sales to NATO members, Japan, days prior to the license for export being approved. In the case of proposed licenses for such sales to NATO members, Japan,
Australia, South Korea, Israel, or New Zealand, Australia, South Korea, Israel, or New Zealand, 15 days prior notification is required. days prior notification is required.
In general, the executive branch, after complying with the terms of applicable U.S. law, principally contained in the AECA, In general, the executive branch, after complying with the terms of applicable U.S. law, principally contained in the AECA,
is free to proceed with an arms sales proposal unless Congress passes legislation prohibiting or modifying the proposed sale. is free to proceed with an arms sales proposal unless Congress passes legislation prohibiting or modifying the proposed sale.
Under current law Congress faces two fundamental obstacles to block or modify a presidential sale of military equipment: it Under current law Congress faces two fundamental obstacles to block or modify a presidential sale of military equipment: it
must pass legislation expressing its will on the sale, and it must be capable of overriding a presumptive presidential veto of must pass legislation expressing its will on the sale, and it must be capable of overriding a presumptive presidential veto of
such legislation. Congress, however, is free to pass legislation to block or such legislation. Congress, however, is free to pass legislation to block or ~~modify~~mo dify an arms sale an arms sale at any time up to the point of up to the point of
delivery of the items involved. Congress has never successfully blocked a proposed arms sale by use of a joint resolution of delivery of the items involved. Congress has never successfully blocked a proposed arms sale by use of a joint resolution of
disapproval.disapproval.
This report will be updated if notable changes in these review procedures or applicable law occur. This report will be updated if notable changes in these review procedures or applicable law occur.
Congressional Research Service Congressional Research Service

Arms Sales: Congressional Review Process

his report reviews the process and procedures that currently apply to congressional his report reviews the process and procedures that currently apply to congressional
consideration of foreign arms sales proposed by the President. This includes consideration consideration of foreign arms sales proposed by the President. This includes consideration
T of proposals to T of proposals to ~~sell~~sel major defense equipment, defense articles and services, or the major defense equipment, defense articles and services, or the
retransfer to other states of such military items. In general, the executive branch, after complying retransfer to other states of such military items. In general, the executive branch, after complying
with the terms of applicable U.S. law, with the terms of applicable U.S. law, ~~principally~~principal y contained in the Arms Export Control Act1 contained in the Arms Export Control Act1
(AECA) (P.L. 90-629, 82 Stat. 1320), is free to proceed with an arms sales proposal unless (AECA) (P.L. 90-629, 82 Stat. 1320), is free to proceed with an arms sales proposal unless
Congress passes legislation prohibiting or modifying the proposed sale. The President has the Congress passes legislation prohibiting or modifying the proposed sale. The President has the
obligation under the law to submit the arms sale proposal to Congress, but only after he has obligation under the law to submit the arms sale proposal to Congress, but only after he has
determined that he is prepared to proceed with any such notifiable arms sales transaction. determined that he is prepared to proceed with any such notifiable arms sales transaction.
The AECA The AECA also contains the statutory authority for the Foreign Military Sales (FMS) program, also contains the statutory authority for the Foreign Military Sales (FMS) program,
under which the U.S. government under which the U.S. government ~~sells~~sel s U.S. defense equipment, services, and training on a U.S. defense equipment, services, and training on a
government-to-government basis. In addition, the law specifies criteria for Direct Commercial government-to-government basis. In addition, the law specifies criteria for Direct Commercial
Sales (DCS) of U.S.-government licensed defense articles and services directly from U.S. firms to Sales (DCS) of U.S.-government licensed defense articles and services directly from U.S. firms to
~~eligible~~ eligible foreign governments and international organizations.2 foreign governments and international organizations.2
Congressional Review Process
The Department of State (on behalf of the President) submits to the Senate Foreign Relations The Department of State (on behalf of the President) submits to the Senate Foreign Relations
Committee and House Foreign Affairs Committee an informal notification of a prospective major Committee and House Foreign Affairs Committee an informal notification of a prospective major
arms sale arms sale 20 calendar days before the executive branch takes further formal action. 3The informal calendar days before the executive branch takes further formal action. 3The informal
notification practice stemmed from a February 18, 1976, letter from the Department of Defense notification practice stemmed from a February 18, 1976, letter from the Department of Defense
making a making a nonstatutory commitment to give Congress these preliminary classified notifications.4 commitment to give Congress these preliminary classified notifications.4
BeginningBeginning in 2012, the State Department implemented a new informal notification process, which in 2012, the State Department implemented a new informal notification process, which
the department the department ~~calls~~cal s a “tiered review,” in which the relevant committees are notified between 20 a “tiered review,” in which the relevant committees are notified between 20
and 40 calendar days before receiving formal notification, depending on the system and and 40 calendar days before receiving formal notification, depending on the system and
destination in question.5destination in question.5
During June 2017 testimony, Acting Assistant Secretary of State Tina Kaidanow described this During June 2017 testimony, Acting Assistant Secretary of State Tina Kaidanow described this
process as process as
Congressional Congressional ~~review period during which the Committees can ask questions or~~ review period during which the Committees can ask questions or raise raise
concerns prior to the Department of State initiating formal notification. concerns prior to the Department of State initiating formal notification. ~~The~~Th e purpose is to purpose is to
provide Congress the opportunity to raise concerns, and have these concerns addressed, in provide Congress the opportunity to raise concerns, and have these concerns addressed, in
a confidential process with the Administration, so that our bilateral relationship with the a confidential process with the Administration, so that our bilateral relationship with the
country in question is protected during this process.6 country in question is protected during this process.6

1 Originally titled 1 Originally titled ~~The~~T he Foreign Military Sales Foreign Military Sales Act ~~Act~~. .
2 For more information, see CRS2 For more information, see CRS Report R46337, Report R46337, Transfer of Defense Articles: Sale and Export of U.S.-Made Arms to
Foreign Entities, by Nathan J. Lucas, by Nathan J. Lucas and Michael J. Vassalotti. and Michael J. Vassalotti.
3 Prior to giving such 3 Prior to giving such notice, the State Department transmits to the committees any license applications for notice, the State Department transmits to the committees any license applications for
commercially licensed arms salescommercially licensed arms sales as soon as the department receives them. as soon as the department receives them. ~~The~~T he State Department does not provide the State Department does not provide the
same notice regarding governmentsame notice regarding government -to-government foreign -to-government foreign ~~military~~milit ary sales. sales.
4 Letter of February 18, 1976 from Lt. Gen. H.M. Fish, USAF,4 Letter of February 18, 1976 from Lt. Gen. H.M. Fish, USAF, Director, Defense Security Assistance Agency to Director, Defense Security Assistance Agency to
Senator Hubert H. Humphrey, Senate Committee on Foreign Relations.Senator Hubert H. Humphrey, Senate Committee on Foreign Relations.
5 Prior to giving such 5 Prior to giving such notice, the State Department transmits to the committees any license applications for notice, the State Department transmits to the committees any license applications for
commercially licensed arms salescommercially licensed arms sales as soon as the department receives them. as soon as the department receives them. ~~The~~T he State Department does not provide the State Department does not provide the
same notice regarding governmentsame notice regarding government -to-government foreign military sales. -to-government foreign military sales.
6 “Foreign Military Sales: 6 “Foreign Military Sales: Process and Policy,” Statement Before the Subcommittee on Process and Policy,” Statement Before the Subcommittee on ~~Terrorism~~T errorism, Nonproliferation and , Nonproliferation and
~~Trade~~T rade, House Foreign Affairs Committee, June 15, 2017. , House Foreign Affairs Committee, June 15, 2017.
Congressional Research Service Congressional Research Service
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Arms Sales: Congressional Review Process

If a committee “raises significant concerns about a sale or [export] license,” the State Department If a committee “raises significant concerns about a sale or [export] license,” the State Department
““~~will typically~~wil typical y extend the review period until we can resolve those concerns,” Kaidanow extend the review period until we can resolve those concerns,” Kaidanow
explained. An August 2020 State Department Office of Inspector General report explains that, in addition to the AECA formal notification process, the Department has by longstanding practice submitted a preliminary or informal notification of prospective major arms transfers in advance of their formal notification to the congressional committees of jurisdiction.7 The State Department “general y wil not formal y notify an arms transfer if a member of Congress raises significant concerns by placing a hold during the informal review stage,” the report states, noting that “the Department is not precluded from proceeding with an arms transfer subject to a congressional hold.”8 ~~explained.~~
Section 36(b) of the AECA requires the President to notify Congress Section 36(b) of the AECA requires the President to notify Congress 30 calendar days before the calendar days before the
Administration can issue a formal offer for an FMS transfer of major defense equipment valued at Administration can issue a formal offer for an FMS transfer of major defense equipment valued at
$14 $14 ~~million~~ mil ion or more, defense articles or services valued at $50 or more, defense articles or services valued at $50 ~~million~~mil ion or more, or design and or more, or design and
construction services valued at $200 construction services valued at $200 ~~million~~mil ion or more. or more.79 The Defense Department’s Defense The Defense Department’s Defense
Security Cooperation Agency transmits such notifications to Congress.Security Cooperation Agency transmits such notifications to Congress.810 In the case of such sales In the case of such sales
to NATO member states, NATO, Japan, Australia, South Korea, Israel, or New Zealand, Congress to NATO member states, NATO, Japan, Australia, South Korea, Israel, or New Zealand, Congress
must be must be ~~formally~~formal y notified notified 15 calendar days before the Administration can proceed with the sale. calendar days before the Administration can proceed with the sale.
However, the prior notice threshold values for transfers to these recipients are $25 However, the prior notice threshold values for transfers to these recipients are $25 ~~million~~ mil ion for the for the
sale, enhancement, or upgrading of major defense equipment; $100 sale, enhancement, or upgrading of major defense equipment; $100 ~~million~~ mil ion for the sale, for the sale,
enhancement, or upgrading of defense articles and defense services; and $300 enhancement, or upgrading of defense articles and defense services; and $300 ~~million~~mil ion for the sale, for the sale,
enhancement, or upgrading of design and construction services. Such sales to these countries enhancement, or upgrading of design and construction services. Such sales to these countries
must not include or involve sales to a country outside of this group of states.must not include or involve sales to a country outside of this group of states.911 Section 36(i) Section 36(i)
requires the President to notify both the Senate Foreign Relations Committee and House Foreign requires the President to notify both the Senate Foreign Relations Committee and House Foreign
Affairs Committee at least 30 days in advance of a pending shipment of defense articles subject to Affairs Committee at least 30 days in advance of a pending shipment of defense articles subject to
the 36(b) requirements if the chairman and ranking member of either committee request such the 36(b) requirements if the chairman and ranking member of either committee request such
notification. Certain articles or services listed on the Missile Technology Control Regime are notification. Certain articles or services listed on the Missile Technology Control Regime are
subject to a variety of additional reporting requirements. subject to a variety of additional reporting requirements.
The AECA The AECA requires the President to notify DCS transactions to Congress requires the President to notify DCS transactions to Congress 30 calendar days before calendar days before
the export license is issued; the State Department’s Bureau of Legislative Affairs submits such the export license is issued; the State Department’s Bureau of Legislative Affairs submits such
notices.notices.1012 The AECA requires such notifications if the licenses are for the sale of major defense The AECA requires such notifications if the licenses are for the sale of major defense
equipment valued at $14 equipment valued at $14 ~~million~~ mil ion or more, or defense articles or services valued at $50 mil ion or 7 Review of the Department of State’s Role in Arms Transfers to the Kingdom of Saudi Arabia and the United Arab Em irates, Department of State Office of Inspector General ISP -I-20-19, August 2020. 8 Ibid. 9 T he~~or more, or defense articles or services valued at $50 million or~~
~~more (Section 36(c) AECA).11 In the case of such sales to NATO member states, NATO, Japan,~~
~~Australia, South Korea, Israel, or New Zealand, Congress must be formally notified 15 calendar~~
~~days before the Administration can proceed with such a sale. However, the prior notice threshold~~
~~values for transfers to these recipients are $25 million for the sale, enhancement, or upgrading of~~
~~major defense equipment; and $100 million for the sale, enhancement, or upgrading of defense~~
~~articles and defense services, so long as such sales to these countries do not include or involve~~
~~sales to a country outside of this group of states. Furthermore, commercially licensed arms sales~~
~~of firearms (which are on category I of the United States Munitions List) valued at $1 million or~~
~~more must also be formally notified to Congress for review12 30 days prior to the license for~~

~~7 The~~ Foreign Assistance Act of 1974 (P.L. 93-559, 88 Stat. 1795) amended the Foreign Military Sales Act to add a $25 Foreign Assistance Act of 1974 (P.L. 93-559, 88 Stat. 1795) amended the Foreign Military Sales Act to add a $25
million dollar threshold for defense articles and services. million dollar threshold for defense articles and services. ~~The~~T he International Security Assistance and Arms Export International Security Assistance and Arms Export
Control Act of 1976 (P.L. 94-329, 90 Stat. 729) added major defense equipment with a $7 million threshold. Control Act of 1976 (P.L. 94-329, 90 Stat. 729) added major defense equipment with a $7 million threshold. ~~The~~T he
International Security and Development Cooperation Act of 1981 (International Security and Development Cooperation Act of 1981 ( P.L. 97-113, 95 Stat. 1519) changed the $7 million P.L. 97-113, 95 Stat. 1519) changed the $7 million
threshold to $14 million and the $25 million threshold to $50 million.threshold to $14 million and the $25 million threshold to $50 million. ~~The~~ T he International Security and Development International Security and Development
Cooperation Act of 1980 (P.L. 96-533, 94 Stat. 3131) added designCooperation Act of 1980 (P.L. 96-533, 94 Stat. 3131) added design and construction services with a $200and construction services with a $200 million million
threshold. threshold.
810 See See E.O. 13637, “Administration of Reformed Export Controls,” March 8, 2013. E.O. 13637, “Administration of Reformed Export Controls,” March 8, 2013.
~~9 The~~11 T he Foreign Relations Authorization Act, Fiscal Year 2003 (P.L. 107-228, 116 Stat. 1350), added these thresholds. Foreign Relations Authorization Act, Fiscal Year 2003 (P.L. 107-228, 116 Stat. 1350), added these thresholds.
1012 See See E.O. 13637. Congressional Research Service 2 Arms Sales: Congressional Review Process more (Section 36(c) AECA).13 In the case of such sales to NATO member states, NATO, Japan, Australia, South Korea, Israel, or New Zealand, Congress must be formal y notified 15 calendar days before the Administration can proceed with such a sale. However, the prior notice threshold values for transfers to these recipients are $25 mil ion for the sale, enhancement, or upgrading of major defense equipment; and $100 mil ion for the sale, enhancement, or upgrading of defense articles and defense services, so long as such sales to these countries do not include or involve sales to a country outside of this group of states. Furthermore, commercial y licensed arms sales of firearms (which are on category I of the United States Munitions List) valued at $1 mil ion or more must also be formal y notified to Congress for review14 30 days prior to the license for ~~E.O. 13637.~~
~~11 22 U.S.C. 2776(c).~~
~~12 On January 23, 2020, the Departments of State and Commerce published rules stipulating that the export of some~~
~~Category I firearms will be regulated by the Department of Commerce pursuant to the Export Administration~~
~~Regulations. Such exports will not be subject to a congressional notification requirement.~~
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~~Arms Sales: Congressional Review Process~~

export being approved (15 days prior notice is required for proposed licenses for sales to NATO export being approved (15 days prior notice is required for proposed licenses for sales to NATO
members, Japan, Australia, South Korea, Israel, or New Zealand).members, Japan, Australia, South Korea, Israel, or New Zealand).1315
Section 36(b)(5)(A) contains a reporting requirement for defense articles or equipment items Section 36(b)(5)(A) contains a reporting requirement for defense articles or equipment items
whose technology or capability has, prior to delivery, been “enhanced or upgraded from the level whose technology or capability has, prior to delivery, been “enhanced or upgraded from the level
of sensitivity or capability described” in the originalof sensitivity or capability described” in the original congressional notification. For such exports, congressional notification. For such exports,
the President must submit a report to the relevant committees at least 45 days before the exports’ the President must submit a report to the relevant committees at least 45 days before the exports’
delivery that describes the enhancement or upgrade and provides “a detailed justification for such delivery that describes the enhancement or upgrade and provides “a detailed justification for such
enhancement or upgrade.” This requirement applies for 10 years after the Administration has enhancement or upgrade.” This requirement applies for 10 years after the Administration has
notified Congress of the export.notified Congress of the export.1416 According to Section 36(b)(5)(C), the Administration must, in According to Section 36(b)(5)(C), the Administration must, in
the case of upgrades or enhancements meeting certain value thresholds, submit a new notification the case of upgrades or enhancements meeting certain value thresholds, submit a new notification
to Congress and the export to Congress and the export ~~will~~ wil be considered “as if it were a separate letter of offer ... subject to be considered “as if it were a separate letter of offer ... subject to
~~all~~ al of the requirements, restrictions, and conditions set forth in this subsection.” The threshold of the requirements, restrictions, and conditions set forth in this subsection.” The threshold
values are higher for sales to NATO members, Japan, Australia, South Korea, Israel, or New values are higher for sales to NATO members, Japan, Australia, South Korea, Israel, or New
Zealand. Zealand.
A congressional recess or adjournment does not stop the 30 calendar-day statutory review period. A congressional recess or adjournment does not stop the 30 calendar-day statutory review period.
It should be emphasized that after Congress receives a statutory notification required under It should be emphasized that after Congress receives a statutory notification required under
Sections 36(b) or 36(c) of the AECA, for example, and 30 calendar days elapse without Congress Sections 36(b) or 36(c) of the AECA, for example, and 30 calendar days elapse without Congress
having blocked the sale, the executive branch is free to proceed with the sales process. This fact having blocked the sale, the executive branch is free to proceed with the sales process. This fact
does not mean necessarily that the executive branch and the prospective arms purchaser does not mean necessarily that the executive branch and the prospective arms purchaser ~~will~~ wil sign sign
a sales contract and that the items a sales contract and that the items ~~will~~ wil be transferred on the 31st day after the statutory notification be transferred on the 31st day after the statutory notification
of the proposal has been made. It would, however, be legal to do so at that time. of the proposal has been made. It would, however, be legal to do so at that time.
Section 38(f)(6) of the AECA requires that “any major defense equipment” on the 600 series of Section 38(f)(6) of the AECA requires that “any major defense equipment” on the 600 series of
the Commerce Control List (CCL) “the Commerce Control List (CCL) “~~shall~~ shal continue to be subject to the notification and reporting continue to be subject to the notification and reporting
requirements” contained in AECArequirements” contained in AECA Sections 36(b), 36(c), and 36(d). The CCL is the list of specific Sections 36(b), 36(c), and 36(d). The CCL is the list of specific
~~dual-use commodities, technologies, and software controlled by the Export Administration~~
~~Regulations.15~~
~~Congressional Disapproval by Joint Resolution~~
~~Although Congress has more than one legislative option it can use to block or modify an arms~~
~~sale, one option explicitly set out in law for blocking a proposed arms sale is the use of a joint~~
~~resolution of disapproval as provided for in Section 36(b) of the AECA. Under that law, the~~
~~formal notification is legally required to be submitted to the chairman of the Senate Foreign~~
~~Relations Committee and the Speaker of the House. The Speaker has routinely referred these~~
~~notifications to the House Foreign Affairs Committee as the committee of jurisdiction. As a~~
~~courtesy, the Defense Department has submitted a copy of the statutory notification to the House~~
~~Foreign Affairs Committee when that notification is submitted to the Speaker of the House.~~
~~Under this option, after receiving a statutory Section 36(b) notification from the executive branch,~~

~~13 Added~~ 13 22 U.S.C. 2776(c). 14 On January 23, 2020, the Departments of State and Commerce published rules stipulating that the export of some Category I firearms will be regulated by the Department of Commerce pursuant to the Export Administration Regulations. Such export s will not be subject to a congressional notification requirement. 15 Added by the Foreign Relations Authorization Act, Fiscal Year 2003. by the Foreign Relations Authorization Act, Fiscal Year 2003. ~~These~~T hese notification requirements and reporting notification requirements and reporting
thresholds also apply to prospective retransfers of United States-origin major defense equipment, defense articles, or thresholds also apply to prospective retransfers of United States-origin major defense equipment, defense articles, or
defense services as stipulated in Section 3(d) of the Arms defense services as stipulated in Section 3(d) of the Arms ~~Export~~Ex port Control Act (AECA); and leases Control Act (AECA); and leases or loans of defense or loans of defense
articles from U.S.articles from U.S. Defense Department stocks (see Sections 62 and 63 AECA).Defense Department stocks (see Sections 62 and 63 AECA). Section 36(d) contains similar Section 36(d) contains similar
notification requirements, though not reporting thresholds, for commercial technical assistance or manufacturing notification requirements, though not reporting thresholds, for commercial technical assistance or manufacturing
licensing agreements. Aslicensing agreements. As with arms sales,with arms sales, Congress can block any of these reportable transactions by enacting a joint Congress can block any of these reportable transactions by enacting a joint
resolution of disapproval as stipulated in the Arms Export Control Act (AECA) (see 22 U.S.C.resolution of disapproval as stipulated in the Arms Export Control Act (AECA) (see 22 U.S.C. 2753, 2776, 2796).2753, 2776, 2796).
~~14 This~~ 16 T his provision also applies to defense services and design provision also applies to defense services and design and construction services. Congressional Research Service 3 Arms Sales: Congressional Review Process dual-use commodities, technologies, and software control ed by the Export Administration Regulations.17 Congressional Disapproval by Joint Resolution Although Congress has more than one legislative option it can use to block or modify an arms sale, one option explicitly set out in law for blocking a proposed arms sale is the use of a joint resolution of disapproval as provided for in Section 36(b) of the AECA. Under that law, the formal notification is legal y required to be submitted to the chairman of the Senate Foreign Relations Committee and the Speaker of the House. The Speaker has routinely referred these notifications to the House Foreign Affairs Committee as the committee of jurisdiction. As a courtesy, the Defense Department has submitted a copy of the statutory notification to the House Foreign Affairs Committee when that notification is submitted to the Speaker of the House. Under this option, after receiving a statutory Section 36(b) notification from the executive branch, ~~and construction services.~~
~~15 For more information on the dual-use export control system, see CRS Report R41916,~~ ~~The U.S. Export~~
~~Control System and the Export Control Reform Initiative, by Ian F. Fergusson and Paul K. Kerr.~~
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opponents of the arms sale would introduce joint resolutions in the House and Senate drafted so opponents of the arms sale would introduce joint resolutions in the House and Senate drafted so
as to forbid by law the sale of the items specified in the formal sale notification(s) submitted to as to forbid by law the sale of the items specified in the formal sale notification(s) submitted to
Congress. If no Member introduces such a measure, the AECA’s provisions expediting Congress. If no Member introduces such a measure, the AECA’s provisions expediting
congressional action, discussed below, do not take effect. The next step would be committee congressional action, discussed below, do not take effect. The next step would be committee
hearings in both houses on the arms sale proposal. If a majority of either the House or the Senate hearings in both houses on the arms sale proposal. If a majority of either the House or the Senate
committee supported the joint resolution of disapproval, they would report it to their respective committee supported the joint resolution of disapproval, they would report it to their respective
chamber in accordance with its rules. Following this, efforts would be made to seek floor chamber in accordance with its rules. Following this, efforts would be made to seek floor
consideration of the resolution. consideration of the resolution.
Congress has never successfully blocked a proposed arms sale by use of a joint resolution of Congress has never successfully blocked a proposed arms sale by use of a joint resolution of
disapproval. Nevertheless, Congress has—by expressing strong opposition to prospective arms disapproval. Nevertheless, Congress has—by expressing strong opposition to prospective arms
sales, during consultations with the executive branch—affected the timing and the composition of sales, during consultations with the executive branch—affected the timing and the composition of
some arms sales, and may have dissuaded the President from some arms sales, and may have dissuaded the President from ~~formally~~formal y proposing certain arms proposing certain arms
sales. sales.
Senate Procedures
At this point, it is important to take note of procedures crafted to expedite the consideration of At this point, it is important to take note of procedures crafted to expedite the consideration of
arms sales resolutions of disapproval. Since 1976, Section 36(b)(2) of the AECA has stipulated arms sales resolutions of disapproval. Since 1976, Section 36(b)(2) of the AECA has stipulated
that consideration of any resolution of disapproval in the Senate under Section 36(b)(1) of the that consideration of any resolution of disapproval in the Senate under Section 36(b)(1) of the
AECAAECA ~~shall~~ shal be “in accordance with the provisions of Section 601(b) of the International Security be “in accordance with the provisions of Section 601(b) of the International Security
Assistance and Arms Export Control Act of 1976” (P.L. 94-329, 90 Stat. 729). Since 1980, this Assistance and Arms Export Control Act of 1976” (P.L. 94-329, 90 Stat. 729). Since 1980, this
stipulation has also applied to resolutions of disapproval in the Senate relating to stipulation has also applied to resolutions of disapproval in the Senate relating to ~~commercially~~commercial y
licensed arms sales under Section 36(c)(1) of the AECA. The purpose of Section 601(b) was to licensed arms sales under Section 36(c)(1) of the AECA. The purpose of Section 601(b) was to
establish rules to facilitate timely consideration of any resolution of disapproval in the Senate. establish rules to facilitate timely consideration of any resolution of disapproval in the Senate.
The rules set forth in Section 601(b) supersede the standing rules of the Senate and include the The rules set forth in Section 601(b) supersede the standing rules of the Senate and include the
following: following:
 Give the committee with jurisdiction [the Senate Foreign Relations Committee]  Give the committee with jurisdiction [the Senate Foreign Relations Committee]
10 calendar days from the date a resolution of disapproval is referred to it to 10 calendar days from the date a resolution of disapproval is referred to it to
report back to the Senate its recommendation on any such resolution (certain report back to the Senate its recommendation on any such resolution (certain
adjournment periods are excluded from computation of the 10 days); adjournment periods are excluded from computation of the 10 days);
17 For more information on the dual-use export control system, see CRS Report R41916, The U.S. Export Control System and the Export Control Reform Initiative, by Ian F. Fergusson and Paul K. Kerr. Congressional Research Service 4 Arms Sales: Congressional Review Process  Make it in order for a Senator favoring a disapproval resolution to move to  Make it in order for a Senator favoring a disapproval resolution to move to
discharge the committee from further consideration of the matter if the committee discharge the committee from further consideration of the matter if the committee
fails to report back to the Senate by the end of the 10 calendar days it is entitled fails to report back to the Senate by the end of the 10 calendar days it is entitled
to review the resolution (the AECAto review the resolution (the AECA expressly permits a discharge motion after 5 expressly permits a discharge motion after 5
calendar days for FMS transfers to NATO, NATO countries, Japan, Australia, calendar days for FMS transfers to NATO, NATO countries, Japan, Australia,
South Korea, Israel, and New Zealand); South Korea, Israel, and New Zealand);
 Make the discharge motion privileged, limit floor debate on the motion to one  Make the discharge motion privileged, limit floor debate on the motion to one
hour, and preclude efforts to amend or to reconsider the vote on such a motion; hour, and preclude efforts to amend or to reconsider the vote on such a motion;
 Make the motion to proceed to consider a resolution of disapproval privileged  Make the motion to proceed to consider a resolution of disapproval privileged
and preclude efforts to amend or to reconsider the vote on such motion; and preclude efforts to amend or to reconsider the vote on such motion;
 Limit the  Limit the ~~overall~~ overal time for debate on the resolution of disapproval to 10 hours and time for debate on the resolution of disapproval to 10 hours and
preclude efforts to amend or recommit the resolution of disapproval; preclude efforts to amend or recommit the resolution of disapproval;
 Limit the time (one hour) to be used in connection with any debatable motion or  Limit the time (one hour) to be used in connection with any debatable motion or
appeal; provide that a motion to further limit debate on a resolution of appeal; provide that a motion to further limit debate on a resolution of
disapproval, debatable motion, or appeal is not debatable. disapproval, debatable motion, or appeal is not debatable.
The Senate is The Senate is ~~constitutionally~~constitutional y empowered to amend its rules or to effect a rule change at any time. empowered to amend its rules or to effect a rule change at any time.
The fact that an existing rule is in Section 601 of the International Security Assistance and Arms The fact that an existing rule is in Section 601 of the International Security Assistance and Arms
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Export Control Act of 1976 is not an obstacle to changing it by Senate action alone should the Export Control Act of 1976 is not an obstacle to changing it by Senate action alone should the
Senate seek to do so. Senate seek to do so.
House Floor ~~Procedures16~~Procedures
The House of Representatives is directed by Sections 36(b)(3) and 36(c)(3)(B) of the AECA to The House of Representatives is directed by Sections 36(b)(3) and 36(c)(3)(B) of the AECA to
consider a motion to proceed to the consideration of a joint resolution disapproving an arms sale consider a motion to proceed to the consideration of a joint resolution disapproving an arms sale
reported to it by the appropriate House committee as “highly privileged.” reported to it by the appropriate House committee as “highly privileged.” ~~Generally~~General y, this means , this means
that the resolution that the resolution ~~will~~ wil be given precedence over most other legislative business of the House, and be given precedence over most other legislative business of the House, and
may be may be ~~called~~cal ed up on the floor without a special rule reported by the Rules Committee. Unlike up on the floor without a special rule reported by the Rules Committee. Unlike for for
the Senate, however, the AECA contains no provision for discharge of the House committee if it the Senate, however, the AECA contains no provision for discharge of the House committee if it
does not report on the joint resolution. If reported and does not report on the joint resolution. If reported and ~~called~~cal ed up, the measure up, the measure ~~will~~ wil be considered be considered
in the Committee of the Whole, meaning that amendments can be offered under the “five-minute in the Committee of the Whole, meaning that amendments can be offered under the “five-minute
rule.” Nevertheless, amendments to joint resolutions disapproving arms sales have apparently rule.” Nevertheless, amendments to joint resolutions disapproving arms sales have apparently
never been offered in the House. never been offered in the House.
The Rules Committee The Rules Committee ~~usually~~usual y sets the framework for floor consideration of major legislation in sets the framework for floor consideration of major legislation in
the House of Representatives, however, and could do so for a joint resolution of disapproval. the House of Representatives, however, and could do so for a joint resolution of disapproval.
Upon receiving a request for a rule to govern consideration of such a resolution, the House Rules Upon receiving a request for a rule to govern consideration of such a resolution, the House Rules
Committee could set a time limit for debate, exclude any amendments to, and waive any points of Committee could set a time limit for debate, exclude any amendments to, and waive any points of
order against the resolution. If the House adopted the rule reported by the committee, it would order against the resolution. If the House adopted the rule reported by the committee, it would
govern the manner in which the legislation would be considered, superseding the statutory govern the manner in which the legislation would be considered, superseding the statutory
provision. provision.
Final Congressional Action
After a joint resolution is passed by both the House and the Senate, the measure would next be After a joint resolution is passed by both the House and the Senate, the measure would next be
sent to the President. Once this legislation reaches the President, presumably he would veto it in a sent to the President. Once this legislation reaches the President, presumably he would veto it in a
timely manner. Congress would then face the task of obtaining a two-thirds majority in both timely manner. Congress would then face the task of obtaining a two-thirds majority in both
houses to override the veto and impose its position on the President. houses to override the veto and impose its position on the President.
Congressional Research Service 5 Arms Sales: Congressional Review Process Presidential Waiver Authority
The President also has the legal authority to waive the AECAThe President also has the legal authority to waive the AECA statutory review periods. For statutory review periods. For
example, if the President states in the formal notification to Congress under AECA Sections example, if the President states in the formal notification to Congress under AECA Sections
36(b)(1), 36(c)(2), 36(d)(2) that “an emergency exists” which requires the sale (or export license 36(b)(1), 36(c)(2), 36(d)(2) that “an emergency exists” which requires the sale (or export license
approval) to be made immediatelyapproval) to be made immediately “in the national security interests of the United States,” the “in the national security interests of the United States,” the
President is free to proceed with the sale without further delay. The President must provide President is free to proceed with the sale without further delay. The President must provide
Congress at the time of this notification a “detailed justification for his determination, including a Congress at the time of this notification a “detailed justification for his determination, including a
description of the emergency circumstances” that necessitated his action and a “discussion of the description of the emergency circumstances” that necessitated his action and a “discussion of the
national security interests involved.” AECA Section 3(d) (2)(A) provides similar emergency national security interests involved.” AECA Section 3(d) (2)(A) provides similar emergency
authority with respect to retransfers of U.S.-origin major defense equipment, defense articles, or authority with respect to retransfers of U.S.-origin major defense equipment, defense articles, or
defense services. defense services.
Section 614(a) of the Foreign Assistance Act of 1961 (FAA), as amended, Section 614(a) of the Foreign Assistance Act of 1961 (FAA), as amended,1718 also also ~~allows~~al ows the the
President, among other things, to waive provisions of the AECA, the FAA, and any act President, among other things, to waive provisions of the AECA, the FAA, and any act
authorizing or appropriating funds for use under either the AECAauthorizing or appropriating funds for use under either the AECA or FAA in order to make available, during each fiscal year, up to $750 mil ion in cash arms sales and up to $250 mil ion in funds. Not more than $50 mil ion of the $250 mil ion limitation on funds use may be made available ~~or FAA in order to make~~

~~16 Representative Ted Lieu introduced H.R. 332, the Arms Sale Oversight Act on January 8, 2019, which would change~~
~~these conditions for considering joint resolutions of disapproval in the House. Representative Lieu introduced a~~
~~previous version of this bill, H.R. 7080, on October 19, 2018.~~
~~17 22 U.S.C. 2364(a).~~
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~~available, during each fiscal year, up to $750 million in cash arms sales and up to $250 million in~~
~~funds. Not more than $50 million of the $250 million limitation on funds use may be made~~
~~available~~ to any single country in any fiscal year through this waiver authority unless the country to any single country in any fiscal year through this waiver authority unless the country
is a “victim of active aggression.” Not more than $500 is a “victim of active aggression.” Not more than $500 ~~million~~mil ion of cash sales (or cash sales and of cash sales (or cash sales and
funds made available combined) may be provided under this waiver authority to any one country funds made available combined) may be provided under this waiver authority to any one country
in any fiscal year. To waive the provisions of these acts related to arms sales, the President must in any fiscal year. To waive the provisions of these acts related to arms sales, the President must
determine and notify Congress in writing that it is “vital” to the “national security interests” of the determine and notify Congress in writing that it is “vital” to the “national security interests” of the
United States to do so. Before exercising the authority granted in Section 614(a), the President United States to do so. Before exercising the authority granted in Section 614(a), the President
must “consult with” and “provide a written policy justification to” the House Foreign Affairs and must “consult with” and “provide a written policy justification to” the House Foreign Affairs and
the Senate Foreign Relations Committees and House and Senate Appropriations Committees. the Senate Foreign Relations Committees and House and Senate Appropriations Committees.
Congressional Use of Other Legislation
Congress can also block or modify a proposed sale of major defense equipment, or defense Congress can also block or modify a proposed sale of major defense equipment, or defense
articles and services, if it uses the regular legislative process to pass legislation prohibiting or articles and services, if it uses the regular legislative process to pass legislation prohibiting or
modifying the sale or prohibiting delivery of the equipment to the recipient country. While it is modifying the sale or prohibiting delivery of the equipment to the recipient country. While it is
~~generally~~general y presumed that Congress presumed that Congress ~~will~~ wil await formal notification under Section 36(b) or 36(c) of await formal notification under Section 36(b) or 36(c) of
the AECAthe AECA before acting in opposition to a prospective arms sale, it is clear that a properly drafted before acting in opposition to a prospective arms sale, it is clear that a properly drafted
law could block or modify an arms sale transaction at any time—including before a formal AECA law could block or modify an arms sale transaction at any time—including before a formal AECA
notification was submitted or after the 30-day AECA statutory notification period had expired—notification was submitted or after the 30-day AECA statutory notification period had expired—
so long as the items have not been delivered to the recipient country. so long as the items have not been delivered to the recipient country.
Congressional use of its lawmaking power regarding arms sales is not constrained by the AECA Congressional use of its lawmaking power regarding arms sales is not constrained by the AECA
reporting requirements. In order to prevail, however, Congress must be capable of overriding a reporting requirements. In order to prevail, however, Congress must be capable of overriding a
presidential veto of this legislation, for the President would presumably veto a presidential veto of this legislation, for the President would presumably veto a ~~bill~~ bil that blocked that blocked
his wish to make the arms sale in question. This means, in practical terms, that to impose its view his wish to make the arms sale in question. This means, in practical terms, that to impose its view
on the President, Congress must be capable of securing a two-thirds majority of those present and on the President, Congress must be capable of securing a two-thirds majority of those present and
voting in both houses. voting in both houses.
There are There are ~~potentially~~ potential y important practical advantages, however, to prohibiting or modifying a sale, important practical advantages, however, to prohibiting or modifying a sale,
if Congress seeks to do so, prior to the date when the formal contract with the foreign government if Congress seeks to do so, prior to the date when the formal contract with the foreign government
is signed—which could occur at any time after the statutory 30-day period. These likely is signed—which could occur at any time after the statutory 30-day period. These likely
advantages include (1) limitingadvantages include (1) limiting political damage to bilateral relations that could result from political damage to bilateral relations that could result from
18 22 U.S.C. 2364(a). Congressional Research Service 6 Arms Sales: Congressional Review Process signing a sales contract and later nullifying it with a new law; and (2) avoiding financial liabilities signing a sales contract and later nullifying it with a new law; and (2) avoiding financial liabilities
which the U.S. Government might face for breaking a valid sales contract. The legislative vehicle which the U.S. Government might face for breaking a valid sales contract. The legislative vehicle
designed to prohibit or modify a specific arms sale can take a variety of forms, ranging from a designed to prohibit or modify a specific arms sale can take a variety of forms, ranging from a
rider to any appropriation or authorization rider to any appropriation or authorization ~~bill~~ bil to a freestanding to a freestanding ~~bill~~ bil or joint resolution. The only or joint resolution. The only
essential features that the vehicle must have are (1) that it is legislationessential features that the vehicle must have are (1) that it is legislation passed by both houses of passed by both houses of
Congress and presented to the President for his signature or veto and, (2) that it contains an Congress and presented to the President for his signature or veto and, (2) that it contains an
express restriction on the sale and/or the delivery of military equipment (whether it applies to express restriction on the sale and/or the delivery of military equipment (whether it applies to
specific items or general categories) to a specific country or countries. specific items or general categories) to a specific country or countries.
2019 Sales to Jordan, Saudi Arabia, and the United Arab Emirates
On May 24, 2019, Secretary of State Michael Pompeo stated that he had directed the State On May 24, 2019, Secretary of State Michael Pompeo stated that he had directed the State
Department “to complete immediately the formal notification of 22 pending arms transfers” to Department “to complete immediately the formal notification of 22 pending arms transfers” to
Jordan, Saudi Arabia, and the United Arab Emirates (UAE).Jordan, Saudi Arabia, and the United Arab Emirates (UAE).1819 In a determination to Congress, Pompeo invoked the AECA Section 36 emergency provisions described above. The transfers included a variety of defense articles and services, as wel ~~In a determination to Congress,~~

~~18 Michael R. Pompeo, Secretary of State, “Emergency Notification of Arms Sales to Jordan, the United Arab Emirates,~~
~~and Saudi Arabia,” Press Statement, May 24, 2019. Exports to Australia, France, Israel, Italy, South Korea, Spain, and~~
~~United Kingdom were also included in some of the notifications.~~
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~~Pompeo invoked the AECA Section 36 emergency provisions described above. The transfers~~
~~included a variety of defense articles and services, as well~~ as an agreement to coproduce and as an agreement to coproduce and
manufacture components of Paveway precision-guided munitions in Saudi Arabia.manufacture components of Paveway precision-guided munitions in Saudi Arabia. On June 20, On June 20,
2019, the Senate passed S.J.Res. 36, which prohibited both the Paveway coproduction agreement 2019, the Senate passed S.J.Res. 36, which prohibited both the Paveway coproduction agreement
described above and the transfer of additional such munitions, and S.J.Res. 38, which prohibited described above and the transfer of additional such munitions, and S.J.Res. 38, which prohibited
transfers of “defense articles, defense services, and technical data to support the manufacture of transfers of “defense articles, defense services, and technical data to support the manufacture of
the Aurora Fuzing System for the Paveway IV Precision Guided Bomb Program.” The same day, the Aurora Fuzing System for the Paveway IV Precision Guided Bomb Program.” The same day,
the Senate passed en bloc another 20 resolutions of disapproval prohibiting the remaining notified the Senate passed en bloc another 20 resolutions of disapproval prohibiting the remaining notified
transfers.transfers.19
20 The House passed S.J.Res. 36 and S.J.Res. 38 on July 17, 2019. The same day, the House also The House passed S.J.Res. 36 and S.J.Res. 38 on July 17, 2019. The same day, the House also
passed S.J.Res. 37, which prohibited the transfer to the UAE of “defense articles, defense passed S.J.Res. 37, which prohibited the transfer to the UAE of “defense articles, defense
services, and technical data to support the integration, operation, training, testing, repair, and services, and technical data to support the integration, operation, training, testing, repair, and
operational level maintenance” of the Maverick AGM-65 air-to-surface guided missile and operational level maintenance” of the Maverick AGM-65 air-to-surface guided missile and
several Paveway systems for use on a number of Emirati-operated aircraft. The resolution also several Paveway systems for use on a number of Emirati-operated aircraft. The resolution also
prohibited the transfer of a number of Paveway munitions to the UAE. President Donald Trump prohibited the transfer of a number of Paveway munitions to the UAE. President Donald Trump
vetoed the three vetoed the three ~~bills~~bil s on July 24. A July 29 Senate vote failed to override these vetoes. on July 24. A July 29 Senate vote failed to override these vetoes.
Examples of AECA Resolutions of Disapproval
On October 14, 1981, the House adopted a resolution (H.Con.Res. 194) objecting to President On October 14, 1981, the House adopted a resolution (H.Con.Res. 194) objecting to President
Reagan’s proposed sale to Saudi Arabia of E-3A airborne warning and control system (AWACS) Reagan’s proposed sale to Saudi Arabia of E-3A airborne warning and control system (AWACS)
aircraft, Sidewinder missiles, Boeing 707 refueling aircraft, and defense articles and services aircraft, Sidewinder missiles, Boeing 707 refueling aircraft, and defense articles and services
related to F-15 aircraft. An October 28, 1981, Senate vote on identical legislation failed, however, related to F-15 aircraft. An October 28, 1981, Senate vote on identical legislation failed, however,
after President Reagan made a series of written commitments to Congress regarding the proposed after President Reagan made a series of written commitments to Congress regarding the proposed
sale. Congress later enacted legislation requiring the President to certify that the commitments sale. Congress later enacted legislation requiring the President to certify that the commitments
made in 1981 regarding the proposed sale had been met prior to the delivery of the AWACS made in 1981 regarding the proposed sale had been met prior to the delivery of the AWACS
planes (Section 127 of the International Security and Development Cooperation Act of 1985; P.L. planes (Section 127 of the International Security and Development Cooperation Act of 1985; P.L.
99-83). 19 Michael R. Pompeo, Secretary of State, “Emergency Notification of Arms Sales to Jordan, the United Arab Emirates, and Saudi Arabia,” Press Statement, May 24, 2019. Exports to Australia, France, Israel, Italy, South Korea, Spain, and United Kingdom were also included in some of the notifications. 20 S.J.Res. 27, S.J.Res. 28, S.J.Res. 29, S.J.Res. 30, S.J.Res. 31, S.J.Res. 32, S.J.Res. 33, S.J.Res. 34, S.J.Res. 35, S.J.Res. 37, S.J.Res. 39, S.J.Res. 40, S.J.Res. 41, S.J.Res. 42, S.J.Res. 43, S.J.Res. 44, S.J.Res. 45, S.J.Res. 46, S.J.Res. 47, and S.J.Res. 48. Congressional Research Service 7 Arms Sales: Congressional Review Process ~~99-83).~~
On April On April 8, 1986, President Ronald Reagan 8, 1986, President Ronald Reagan ~~formally~~formal y proposed the sale to Saudi Arabia of 1,700 proposed the sale to Saudi Arabia of 1,700
Sidewinder missiles, 100 Harpoon missiles, 200 Stinger missile launchers, and 600 Stinger Sidewinder missiles, 100 Harpoon missiles, 200 Stinger missile launchers, and 600 Stinger
missile reloads. On May 6, 1986, the Senate passed legislation to block these sales (S.J.Res. 316) missile reloads. On May 6, 1986, the Senate passed legislation to block these sales (S.J.Res. 316)
by a vote of 73-22. The House concurred with the Senate action on May 7, 1986, by passing by a vote of 73-22. The House concurred with the Senate action on May 7, 1986, by passing
H.J.Res. 589 by a vote of 356-62. The House then passed S.J.Res. 316 by a voice vote and (in lieu H.J.Res. 589 by a vote of 356-62. The House then passed S.J.Res. 316 by a voice vote and (in lieu
of H.J.Res. 589) sent it to the President. On May 21, 1986, President Reagan vetoed S.J.Res. 316. of H.J.Res. 589) sent it to the President. On May 21, 1986, President Reagan vetoed S.J.Res. 316.
But, in a letter that day to then-Senate Majority Leader Robert Dole, President Reagan said he But, in a letter that day to then-Senate Majority Leader Robert Dole, President Reagan said he
would not include the controversial Stinger missiles and launchers in the sales proposal. On June would not include the controversial Stinger missiles and launchers in the sales proposal. On June
5, 1986, the Senate, by a 66-34 vote, sustained the President’s veto of S.J.Res. 316, and the sale 5, 1986, the Senate, by a 66-34 vote, sustained the President’s veto of S.J.Res. 316, and the sale
of the Sidewinder and Harpoon missiles to Saudi Arabia proceeded. of the Sidewinder and Harpoon missiles to Saudi Arabia proceeded.
More recently, on March 10, 2016, the Senate Foreign Relations Committee rejected a motion to More recently, on March 10, 2016, the Senate Foreign Relations Committee rejected a motion to
discharge a joint resolution (S.J.Res. 31) prohibiting the sale of several defense articles, discharge a joint resolution (S.J.Res. 31) prohibiting the sale of several defense articles,
particularly eight F-16 Block 52 aircraft.particularly eight F-16 Block 52 aircraft.2021 H.J.Res. 82 was the House companion H.J.Res. 82 was the House companion ~~bill~~bil . On May 5, . On May 5,
2016, a State Department spokesperson, noting congressional objections to using Foreign 2016, a State Department spokesperson, noting congressional objections to using Foreign

~~19 S.J.Res. 27, S.J.Res. 28, S.J.Res. 29, S.J.Res. 30, S.J.Res. 31, S.J.Res. 32, S.J.Res. 33, S.J.Res. 34, S.J.Res. 35,~~
~~S.J.Res. 37, S.J.Res. 39, S.J.Res. 40, S.J.Res. 41, S.J.Res. 42, S.J.Res. 43, S.J.Res. 44, S.J.Res. 45, S.J.Res. 46, S.J.Res.~~
~~47, and S.J.Res. 48.~~
~~20 K. Alan Kronstadt, Specialist in South Asian Affairs, contributed to this paragraph.~~
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~~Military~~ Military Financing funds for the aircraft, told reporters that the United States had “told the Financing funds for the aircraft, told reporters that the United States had “told the
Pakistanis that they should put forward national funds for the purchase.”Pakistanis that they should put forward national funds for the purchase.”2122 In late May, the U.S. In late May, the U.S.
offer expired after Islamabad failed to submit a letter of acceptance by the required deadline. offer expired after Islamabad failed to submit a letter of acceptance by the required deadline.
On June 13, 2017, the Senate voted to reject a motion to discharge from the Senate Foreign On June 13, 2017, the Senate voted to reject a motion to discharge from the Senate Foreign
Relations Committee a joint resolution (S.J.Res. 42) prohibiting certain proposed exports of Relations Committee a joint resolution (S.J.Res. 42) prohibiting certain proposed exports of
defense articles and related information to Saudi Arabia, such as “technical data, hardware, and defense articles and related information to Saudi Arabia, such as “technical data, hardware, and
defense services” to support the Royal Saudi Air Force’s deployment of the Joint Direct Attack defense services” to support the Royal Saudi Air Force’s deployment of the Joint Direct Attack
Munition and integration of the FMU-152A/B JPB Fuze System into several warhead types. The Munition and integration of the FMU-152A/B JPB Fuze System into several warhead types. The
~~bill~~ bil also would have prohibited the transfer of “defense articles, defense services, and technical also would have prohibited the transfer of “defense articles, defense services, and technical
data to support the assembly, modification, testing, training, operation, maintenance, and data to support the assembly, modification, testing, training, operation, maintenance, and
integration” of specific precision guided munitions for certain Royal Saudi Air Force planes. integration” of specific precision guided munitions for certain Royal Saudi Air Force planes.
H.J.Res. 102 was the House companion H.J.Res. 102 was the House companion ~~bill~~bil . .
On December 9, 2020, the Senate voted to reject a motion to discharge from the Senate Foreign On December 9, 2020, the Senate voted to reject a motion to discharge from the Senate Foreign
Relations Committee a joint resolution (S.J.Res. 77) prohibiting certain proposed exports of Relations Committee a joint resolution (S.J.Res. 77) prohibiting certain proposed exports of
defense articles, services, and related information to the UAE. The proposed exports include defense articles, services, and related information to the UAE. The proposed exports include
Weapons-Ready MQ–9B Remotely Piloted Aircraft, certain precision-guided munitions, and Weapons-Ready MQ–9B Remotely Piloted Aircraft, certain precision-guided munitions, and
Anti-Submarine Warfare mission kits and sensors. H.J.Res. 101 was the House companion Anti-Submarine Warfare mission kits and sensors. H.J.Res. 101 was the House companion ~~bill~~bil . .
The same day, the Senate voted to reject a similar motion (S.J.Res. 78) prohibiting the proposed The same day, the Senate voted to reject a similar motion (S.J.Res. 78) prohibiting the proposed
export of the F-35 Joint Strike Fighter and related services and information to the UAE.export of the F-35 Joint Strike Fighter and related services and information to the UAE. H.J.Res. H.J.Res.
100 was the House companion 100 was the House companion ~~bill~~bil . .
On January 15, 2021, Representative Gregory Meeks introduced H.J.Res. 15, a joint resolution On January 15, 2021, Representative Gregory Meeks introduced H.J.Res. 15, a joint resolution
prohibiting a transfer of GBU–39/B prohibiting a transfer of GBU–39/B ~~Small~~ Smal Diameter Bomb I munitions, as Diameter Bomb I munitions, as ~~well~~ wel as related parts, as related parts,
components, and support services, to Saudi Arabia. The same day, Representative Meeks also components, and support services, to Saudi Arabia. The same day, Representative Meeks also
introduced H.J.Res. 16, a joint resolution prohibiting certain transfers of defense articles, defense introduced H.J.Res. 16, a joint resolution prohibiting certain transfers of defense articles, defense
services, and technical data to support the “[a]ssembly, design, development, intermediate level services, and technical data to support the “[a]ssembly, design, development, intermediate level
maintenance, manufacture, modification, operation, repair, testing, and demilitarization of maintenance, manufacture, modification, operation, repair, testing, and demilitarization of
components for and full systems” of specified precision guided munitions for certain Royal Saudi components for and full systems” of specified precision guided munitions for certain Royal Saudi
Air Force planes. H.J.Res. 16 also prohibits the transfer of Paveway IV munitions to Saudi Air Force planes. H.J.Res. 16 also prohibits the transfer of Paveway IV munitions to Saudi
Arabia. 21 K. Alan Kronstadt, Specialist in South Asian Affairs, contributed to this paragraph. 22 Mark T oner, State Department Regular News Briefing, May 5, 2016. Congressional Research Service 8 Arms Sales: Congressional Review Process ~~Arabia.~~
On May 20, 2021, Senator Bernard Sanders introduced S.J.Res. 19, a joint resolution prohibiting On May 20, 2021, Senator Bernard Sanders introduced S.J.Res. 19, a joint resolution prohibiting
a transfer of certain air-delivered munitions, as a transfer of certain air-delivered munitions, as ~~well~~ wel as related defense services and technical data, as related defense services and technical data,
to Israel. The same day, Representative Alexandria Ocasio-Cortez introduced a companion to Israel. The same day, Representative Alexandria Ocasio-Cortez introduced a companion ~~bill,~~
bil , H.J.Res. 49. ~~H.J.Res. 49.~~

~~21 Mark Toner, State Department Regular News Briefing, May 5, 2016.~~
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Author Information

Paul K. Kerr Paul K. Kerr

Specialist in Nonproliferation Specialist in Nonproliferation

Acknowledgments
Richard F. Grimmett, Richard F. Grimmett, former CRS Specialist in International Security, was the original author of this report. former CRS Specialist in International Security, was the original author of this report.

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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