Arms Sales: Congressional Review Process

Changes from December 19, 2023 to January 4, 2024

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Arms Sales: Congressional Review Process
~~December 19, 2023~~January 4, 2024
This report reviews the process and procedures that apply to congressional consideration of This report reviews the process and procedures that apply to congressional consideration of
foreign arms sales proposed by the President. This includes consideration of proposals to sell foreign arms sales proposed by the President. This includes consideration of proposals to sell
Paul K. Kerr
major defense equipment, defense articles and services, or the retransfer to third-party states of major defense equipment, defense articles and services, or the retransfer to third-party states of
Specialist in Specialist in
such items. Under the Arms Export Control Act (AECA), the President must formally notify such items. Under the Arms Export Control Act (AECA), the President must formally notify
Nonproliferation Nonproliferation
Congress 30 calendar days before the Administration can take the final steps to conclude a Congress 30 calendar days before the Administration can take the final steps to conclude a

government-to-government foreign military sale of major defense equipment valued at government-to-government foreign military sale of major defense equipment valued at
$14 million or more, defense articles or services valued at $50 million or more, or design and $14 million 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 NATO member 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, the President must formally notify Congress 15 states, NATO, Japan, Australia, South Korea, Israel, or New Zealand, the President must formally notify Congress 15
calendar days before the Administration can proceed with the transaction. However, the prior notice threshold values are calendar days before the Administration can proceed with the transaction. However, the prior notice threshold values are
higher for sales to these destinations. higher for sales to these destinations.
The President must formally notify Congress of commercially licensed arms sales 30 calendar days before Department of The President must formally notify Congress of commercially licensed arms sales 30 calendar days before Department of
State issuance of export licenses for sales of major defense equipment valued at $14 million or more, or defense articles or State issuance of export licenses for sales of major defense equipment valued at $14 million or more, or defense articles or
services valued at $50 million or more. In the case of such sales to NATO member states, NATO, Japan, Australia, South services valued at $50 million or more. In the case of such sales to NATO member states, NATO, Japan, Australia, South
Korea, Israel, or New Zealand, the President must formally notify Congress 15 calendar days before proceeding with the Korea, Israel, or New Zealand, the President must formally notify Congress 15 calendar days before proceeding with the
transaction. As with government-to-government sales, the prior notice threshold values are higher for sales to these transaction. As with government-to-government sales, the prior notice threshold values are higher for sales to these
destinations. The President must formally notify Congress of commercially licensed sales of firearms controlled under destinations. The President must formally notify Congress of commercially licensed sales of firearms controlled under
category I of the United States Munitions List and valued at $1 million or more 30 days prior to approval of the relevant category I of the United States Munitions List and valued at $1 million or more 30 days prior to approval of the relevant
export license. In the case of proposed licenses for such sales to NATO members, Japan, Australia, South Korea, Israel, or export license. In the case of proposed licenses for such sales to NATO members, Japan, Australia, South Korea, Israel, or
New Zealand, the AECA requires 15 days prior notification. New Zealand, the AECA requires 15 days prior notification.
The AECA contains a mechanism for Congress to adopt a joint resolution of disapproval for arms sales notified by the The AECA contains a mechanism for Congress to adopt a joint resolution of disapproval for arms sales notified by the
President; Congress has never successfully blocked a proposed arms sale via such a resolution. Congress may adopt President; Congress has never successfully blocked a proposed arms sale via such a resolution. Congress may adopt
legislation to block or modify an arms sale at any time up to the point of delivery of the items involved. legislation to block or modify an arms sale at any time up to the point of delivery of the items involved.
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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 sell major defense equipment, defense articles and services, or the T of proposals to sell 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, principally contained in the Arms Export Control Act1 with the terms of applicable U.S. law, principally 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 also contains the statutory authority for the Foreign Military Sales (FMS) program, The AECA also contains the statutory authority for the Foreign Military Sales (FMS) program,
under which the U.S. government sells U.S. defense equipment, services, and training on a under which the U.S. government sells 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 foreign entities and international organizations.2 eligible foreign entities and international organizations.2
Congressional Review Process
Informal Notifications
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 before the executive branch takes further formal action. An August 2020 State arms sale before the executive branch takes further formal action. An August 2020 State
Department Office of Inspector General report explains that, in addition to the AECA formal Department Office of Inspector General report explains that, in addition to the AECA formal
notification process, notification process,
the Department has by longstanding practice submitted a preliminary or informal the Department has by longstanding practice submitted a preliminary or informal
notification of prospective major arms transfers in advance of their formal notification to notification of prospective major arms transfers in advance of their formal notification to
the congressional committees of jurisdiction.3 the congressional committees of jurisdiction.3
The informal notification practice began with a February 18, 1976, letter from the Department of The informal notification practice began with a February 18, 1976, letter from the Department of
Defense making a commitment to give Congress these preliminary classified notifications.4 Defense making a commitment to give Congress these preliminary classified notifications.4
Beginning in 2012, the State Department implemented a new informal notification process, which Beginning in 2012, the State Department implemented a new informal notification process, which
the department calls a “tiered review,” in which the relevant committees are notified between 20 the department calls 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.5 destination 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 a process as a
review period during which the Committees can ask questions or raise concerns prior to review period during which the Committees can ask questions or raise concerns prior to
the Department of State initiating formal notification. The purpose is to provide Congress the Department of State initiating formal notification. The purpose is to provide Congress

1 Originally titled The Foreign Military Sales Act. 1 Originally titled The Foreign Military Sales Act.
2 For more information, see CRS Report R46337, 2 For more information, see CRS Report R46337, Transfer of Defense Articles: U.S. Sale and Export of U.S.-Made Arms to
Foreign Entities, , ~~by Nathan J. Lucas and Michael J. Vassalotti.~~
coordinated by Christina L. Arabia. 3 3 Review of the Department of State’s Role in Arms Transfers to the Kingdom of Saudi Arabia and the United Arab
Emirates, Department of State Office of Inspector General ISP-I-20-19, August 2020. , Department of State Office of Inspector General ISP-I-20-19, August 2020.
4 Letter of February 18, 1976, from Lt. Gen. H.M. Fish, USAF, Director, Defense Security Assistance Agency to 4 Letter of February 18, 1976, from Lt. Gen. H.M. Fish, USAF, 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 notice, the State Department transmits to the committees any license applications for 5 Prior to giving such notice, the State Department transmits to the committees any license applications for
commercially licensed arms sales as soon as the department receives them. The State Department does not provide the commercially licensed arms sales as soon as the department receives them. The State Department does not provide the
same notice regarding government-to-government foreign military sales. same notice regarding government-to-government foreign military sales.
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the opportunity to raise concerns, and have these concerns addressed, in a confidential the opportunity to raise concerns, and have these concerns addressed, in a confidential
process with the Administration, so that our bilateral relationship with the country in process with the Administration, so that our bilateral relationship with the country in
question is protected during this process.6 question is protected during this process.6
The State Department “generally will not formally notify an arms transfer if a member of The State Department “generally will not formally notify an arms transfer if a member of
Congress raises significant concerns by placing a hold during the informal review stage,” the Congress raises significant concerns by placing a hold during the informal review stage,” the
Inspector General report states, noting that “the Department is not precluded from proceeding Inspector General report states, noting that “the Department is not precluded from proceeding
with an arms transfer subject to a congressional hold.”7 with an arms transfer subject to a congressional hold.”7
Formal Notifications
The The ~~AEA~~AECA contains provisions for congressional review and disapproval of arms sales. The contains provisions for congressional review and disapproval of arms sales. The
President may not proceed with a proposed FMS or DCS transaction if Congress adopts a joint President may not proceed with a proposed FMS or DCS transaction if Congress adopts a joint
resolution of disapproval within the statutory review periods described below. It is worth noting resolution of disapproval within the statutory review periods described below. It is worth noting
that a congressional recess or adjournment does not stop these review periods. that a congressional recess or adjournment does not stop these review periods.
Foreign Military Sales
Section 36(b)(1) of the AECA requires the President formally to notify the Speaker of the House, Section 36(b)(1) of the AECA requires the President formally to notify the Speaker of the House,
as well as the Senate Foreign Relations Committee and House Foreign Affairs Committee, 30 as well as the Senate Foreign Relations Committee and House Foreign Affairs Committee, 30
calendar days before issuing a Letter of Offer and Acceptance (LOA) for an FMS-administered calendar days before issuing a Letter of Offer and Acceptance (LOA) for an FMS-administered
sale, enhancement, or upgrading of major defense equipment valued at $14 million or more; the sale, enhancement, or upgrading of major defense equipment valued at $14 million or more; the
sale, enhancement, or upgrading of defense articles or services valued at $50 million or more; or sale, enhancement, or upgrading of defense articles or services valued at $50 million or more; or
the sale, enhancement, or upgrading of design and construction services valued at $200 million or the sale, enhancement, or upgrading of design and construction services valued at $200 million or
more.8 The Defense Security Cooperation Agency (DSCA) transmits the notifications to more.8 The Defense Security Cooperation Agency (DSCA) transmits the notifications to
Congress.9 In the case of such sales to NATO member states, NATO, Japan, Australia, South Congress.9 In the case of such sales to NATO member states, NATO, Japan, Australia, South
Korea, Israel, or New Zealand, the President must formally notify Congress 15 calendar days Korea, Israel, or New Zealand, the President must formally notify Congress 15 calendar days
before proceeding with the sale.10 The prior notice threshold values for transfers to these before proceeding with the sale.10 The prior notice threshold values for transfers to these
recipients are $25 million for the sale, enhancement, or upgrading of major defense equipment; recipients are $25 million for the sale, enhancement, or upgrading of major defense equipment;
$100 million for the sale, enhancement, or upgrading of defense articles and defense services; and $100 million for the sale, enhancement, or upgrading of defense articles and defense services; and
$300 million for the sale, enhancement, or upgrading of design and construction services. Such $300 million for the sale, 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 sales to these countries must not include or involve sales to a country outside of this group of
states.11 states.11
Section 36(i) requires the President to notify both the Senate Foreign Relations Committee and Section 36(i) 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 House Foreign Affairs Committee at least 30 days in advance of a pending shipment of defense

6 “Foreign Military Sales: Process and Policy,” Statement Before the Subcommittee on Terrorism, Nonproliferation and 6 “Foreign Military Sales: Process and Policy,” Statement Before the Subcommittee on Terrorism, Nonproliferation and
Trade, House Foreign Affairs Committee, June 15, 2017. Trade, House Foreign Affairs Committee, June 15, 2017.
7 Department of State Office of Inspector General, August 2020. 7 Department of State Office of Inspector General, August 2020.
8 The Letter of Offer and Acceptance is the legal instrument used by the U.S. government for FMS transactions. (See 8 The Letter of Offer and Acceptance is the legal instrument used by the U.S. government for FMS transactions. (See
CRS Report R46337, CRS Report R46337, Transfer of Defense Articles: Sale and Export of U.S.-Made Arms to Foreign Entities.) The .) 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. The International Security Assistance and Arms Export million dollar threshold for defense articles and services. The 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. The Control Act of 1976 (P.L. 94-329, 90 Stat. 729) added major defense equipment with a $7 million threshold. The
International Security and Development Cooperation Act of 1981 (P.L. 97-113, 95 Stat. 1519) changed the $7 million International Security and Development Cooperation Act of 1981 (P.L. 97-113, 95 Stat. 1519) changed the $7 million
threshold to $14 million and the $25 million threshold to $50 million. The International Security and Development threshold to $14 million and the $25 million threshold to $50 million. The International Security and Development
Cooperation Act of 1980 (P.L. 96-533, 94 Stat. 3131) added design and construction services with a $200 million Cooperation Act of 1980 (P.L. 96-533, 94 Stat. 3131) added design and construction services with a $200 million
threshold. threshold.
9 See E.O. 13637, “Administration of Reformed Export Controls,” March 8, 2013. 9 See E.O. 13637, “Administration of Reformed Export Controls,” March 8, 2013.
10 For the Senate, these review periods appear to begin when the relevant Congressional notification notice is published 10 For the Senate, these review periods appear to begin when the relevant Congressional notification notice is published
in the in the Congressional Record. .
11 The Foreign Relations Authorization Act, Fiscal Year 2003 (P.L. 107-228, 116 Stat. 1350), added these thresholds. 11 The Foreign Relations Authorization Act, Fiscal Year 2003 (P.L. 107-228, 116 Stat. 1350), added these thresholds.
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articles subject to the 36(b) requirements if the chair and ranking member of either committee articles subject to the 36(b) requirements if the chair and ranking member of either committee
request such notification. Certain articles or services listed on the Missile Technology Control request such notification. Certain articles or services listed on the Missile Technology Control
Regime Annex are subject to a variety of additional reporting requirements.12 Regime Annex are subject to a variety of additional reporting requirements.12
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 original congressional notification. For such exports, of sensitivity or capability described” in the original 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.13 According to Section 36(b)(5)(C), the Administration must, in notified Congress of the export.13 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 will be considered “as if it were a separate letter of offer ... subject to to Congress and the export will be considered “as if it were a separate letter of offer ... subject to
all of the requirements, restrictions, and conditions set forth in this subsection.” The threshold all 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.
Direct Commercial Sales
Section 36(c)(1) of the AECA requires the President formally to notify the Speaker of the House, Section 36(c)(1) of the AECA requires the President formally to notify the Speaker of the House,
as well as the Senate Foreign Relations Committee and House Foreign Affairs Committee, of as well as the Senate Foreign Relations Committee and House Foreign Affairs Committee, of
DCS transactions 30 calendar days before State Department issuance of the relevant export DCS transactions 30 calendar days before State Department issuance of the relevant export
license; the State Department’s Bureau of Legislative Affairs submits such notices.14 The prior license; the State Department’s Bureau of Legislative Affairs submits such notices.14 The prior
notice threshold values for these sales is $14 million or more for major defense equipment and notice threshold values for these sales is $14 million or more for major defense equipment and
$50 million or more for defense articles or services.15 In the case of such sales to NATO member $50 million or more for defense articles or services.15 In the case of such sales to NATO member
states, NATO, Japan, Australia, South Korea, Israel, or New Zealand, the President must formally states, NATO, Japan, Australia, South Korea, Israel, or New Zealand, the President must formally
notify Congress 15 calendar days before proceeding with such a sale. The prior notice threshold notify Congress 15 calendar days before proceeding with such a sale. The prior notice threshold
values for transfers to these recipients are $25 million for the sale, enhancement, or upgrading of 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 major defense equipment, and $100 million for the sale, enhancement, or upgrading of defense
articles and defense services.16 Such sales to these countries must not include or involve sales to a articles and defense services.16 Such sales to these countries must not include or involve sales to a
country outside of this group of states. The President must notify Congress 30 days prior to country outside of this group of states. The President must notify Congress 30 days prior to
issuing a license for exporting firearms listed on category I of the United States Munitions List issuing a license for exporting firearms listed on category I of the United States Munitions List
and valued at $1 million or more;17 the AECA requires 15 days prior notice for such licenses and valued at $1 million or more;17 the AECA requires 15 days prior notice for such licenses
concerning sales to NATO members, Japan, Australia, South Korea, Israel, or New Zealand. concerning sales to NATO members, Japan, Australia, South Korea, Israel, or New Zealand.

12 For more information about the regime, see CRS Report RL33865, 12 For more information about the regime, see CRS Report RL33865, Arms Control and Nonproliferation: A Catalog of
Treaties and Agreements, by Paul K. Kerr and Mary Beth D. Nikitin. , by Paul K. Kerr and Mary Beth D. Nikitin.
13 This provision also applies to defense services and design and construction services. 13 This provision also applies to defense services and design and construction services.
14 See E.O. 13637. 14 See E.O. 13637.
15 22 U.S.C. 2776(c). 15 22 U.S.C. 2776(c).
16 These notification requirements and reporting thresholds also apply to prospective retransfers of United States-origin 16 These notification requirements and reporting 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 Export Control major defense equipment, defense articles, or defense services as stipulated in Section 3(d) of the Arms Export Control
Act (AECA); and leases or loans of defense articles from U.S. Defense Department stocks (see Sections 62 and 63 Act (AECA); and leases or loans of defense articles from U.S. Defense Department stocks (see Sections 62 and 63
AECA). Section 36(d) contains similar notification requirements, though not reporting thresholds, for commercial AECA). Section 36(d) contains similar notification requirements, though not reporting thresholds, for commercial
technical assistance or manufacturing licensing agreements. As with arms sales, Congress can block any of these technical assistance or manufacturing licensing agreements. As with arms sales, Congress can block any of these
reportable transactions by enacting a joint resolution of disapproval as stipulated in the Arms Export Control Act reportable transactions by enacting a joint resolution of disapproval as stipulated in the Arms Export Control Act
(AECA) (see 22 U.S.C. 2753, 2776, 2796). (AECA) (see 22 U.S.C. 2753, 2776, 2796).
17 On January 23, 2020, the Departments of State and Commerce published rules stipulating that the export of some 17 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 Category I firearms will be regulated by the Department of Commerce pursuant to the Export Administration
Regulations. Pursuant to Section 743.6 of the EAR, the Department of Commerce must notify Congress prior to issuing Regulations. Pursuant to Section 743.6 of the EAR, the Department of Commerce must notify Congress prior to issuing
certain licenses for the export of semiautomatic firearms valued at $4 million or more. certain licenses for the export of semiautomatic firearms valued at $4 million or more.
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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) “shall continue to be subject to the notification and reporting the Commerce Control List (CCL) “shall continue to be subject to the notification and reporting
requirements” contained in AECA Sections 36(b), 36(c), and 36(d).18 The CCL is the list of requirements” contained in AECA Sections 36(b), 36(c), and 36(d).18 The CCL is the list of
specific dual-use commodities, technologies, and software controlled by the Export specific dual-use commodities, technologies, and software controlled by the Export
Administration Regulations.19 AECA Section 36(c)(4) stipulates that the AECA Section 36(b) Administration Regulations.19 AECA Section 36(c)(4) stipulates that the AECA Section 36(b)
provisions concerning enhancements and upgrades to defense articles or equipment also apply to provisions concerning enhancements and upgrades to defense articles or equipment also apply to
such items sold via the DCS process. such items sold via the DCS process.
Table 1. Congressional Notification Requirements for Sales of Defense Articles

Transactions and Value Thresholds
Type of
Notification
Major Defense Defense
Design and
Destination
transaction
time (Cal. days)
Equipment
Articles
Construction
Firearms
NATO +5
FMS FMS
15 days 15 days
$25 mil ion $25 mil ion
$100 $100
$300 mil ion $300 mil ion
— —
mil ion mil ion

DCS DCS
15 days 15 days
$25 mil ion $25 mil ion
$100 $100
— —
$1 mil ion $1 mil ion
mil ion mil ion
Other
FMS FMS
30 days 30 days
$14 mil ion $14 mil ion
$50 mil ion $50 mil ion
$200 mil ion $200 mil ion
— —
Destinations

DCS DCS
30 days 30 days
$14 mil ion $14 mil ion
$50 mil ion $50 mil ion
— —
$1 mil ion $1 mil ion
Source: Arms Export Control Act (P.L. 90-629). Arms Export Control Act (P.L. 90-629).
Notes: All of the transactions include “sale, enhancement, or upgrading” of the relevant items. FMS = Foreign All of the transactions include “sale, enhancement, or upgrading” of the relevant items. FMS = Foreign
Military Sales; DCS = Direct Commercial Sales. Military Sales; DCS = Direct Commercial Sales.
The AECA and Joint Resolutions of Disapproval20
The AECA contains procedures for congressional joint resolutions of disapproval concerning The AECA contains procedures for congressional joint resolutions of disapproval concerning
notified FMS and DCS transactions.21 Section 36(b)(1) of the AECA prohibits the U.S. notified FMS and DCS transactions.21 Section 36(b)(1) of the AECA prohibits the U.S.
government from issuing an LOA if Congress “enacts a joint resolution prohibiting the proposed government from issuing an LOA if Congress “enacts a joint resolution prohibiting the proposed
sale.” AECA Section 36(c)(2) prohibits the U.S. government from issuing an export license for a sale.” AECA Section 36(c)(2) prohibits the U.S. government from issuing an export license for a
DCS transaction if Congress “enacts a joint resolution prohibiting the proposed export.” As noted, DCS transaction if Congress “enacts a joint resolution prohibiting the proposed export.” As noted,
the President must notify the Speaker of the House, as well as the Senate Foreign Relations the President must notify the Speaker of the House, as well as the Senate Foreign Relations
Committee and House Foreign Affairs Committee, of potential FMS and DCS transactions Committee and House Foreign Affairs Committee, of potential FMS and DCS transactions
subject to congressional review. The AECA does not require that a companion measure be subject to congressional review. The AECA does not require that a companion measure be
introduced in either chamber. introduced in either chamber.
Congress has never successfully blocked a proposed arms sale via a joint resolution of Congress has never successfully blocked a proposed arms sale via 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 formally proposing certain arms some arms sales, and may have dissuaded the President from formally proposing certain arms
sales (see sales (see “AECA Resolutions of Disapproval: Selected Examples”). ).

18 Export Administration Regulations; 15 C.F.R. §743.5 contains analogous reporting requirements for the Department 18 Export Administration Regulations; 15 C.F.R. §743.5 contains analogous reporting requirements for the Department
of Commerce. of Commerce.
19 For more information on the dual-use export control system, see CRS Report R46814, 19 For more information on the dual-use export control system, see CRS Report R46814, The U.S. Export Control
System and the Export Control Reform Act of 2018, coordinated by Ian F. Fergusson. , coordinated by Ian F. Fergusson.
20 The House and Senate parliamentarians are the authorities with respect to interpreting legislative procedure. 20 The House and Senate parliamentarians are the authorities with respect to interpreting legislative procedure.
21 Christina L. Arabia, Analyst in Security Assistance, Security Cooperation and the Global Arms Trade, and 21 Christina L. Arabia, Analyst in Security Assistance, Security Cooperation and the Global Arms Trade, and
Christopher M. Davis, Analyst on Congress and the Legislative Process, contributed to this section. Christopher M. Davis, Analyst on Congress and the Legislative Process, contributed to this section.
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Senate Procedures
Section 36(b)(2) of the AECA stipulates that Senate consideration of any resolution of Section 36(b)(2) of the AECA stipulates that Senate consideration of any resolution of
disapproval for an FMS transaction shall be “in accordance with the provisions of Section 601(b) disapproval for an FMS transaction shall 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 of the International Security Assistance and Arms Export Control Act of 1976” (P.L. 94-329, 90
Stat. 729). AECA Section 36(c)(3)(A) applies this procedure to resolutions of disapproval Stat. 729). AECA Section 36(c)(3)(A) applies this procedure to resolutions of disapproval
concerning DCS transactions. According to the rules specified by Section 601(b), which concerning DCS transactions. According to the rules specified by Section 601(b), which
supersede the standing rules of the Senate, the Senate Foreign Relations Committee must, within supersede the standing rules of the Senate, the Senate Foreign Relations Committee must, within
10 calendar days after introduction of a resolution of disapproval, report to the Senate the 10 calendar days after introduction of a resolution of disapproval, report to the Senate the
committee’s recommendation on any such resolution (certain adjournment periods are excluded committee’s recommendation on any such resolution (certain adjournment periods are excluded
from computation of the 10 days). from computation of the 10 days).
These rules also These rules also
• 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-day period fails to report back to the Senate by the end of the 10-calendar-day period
described above. Such a motion is to be privileged, with floor debate limited to described above. Such a motion is to be privileged, with floor debate limited to
one hour. The rules also prohibit amendments to the motion, as well as one hour. The rules also prohibit amendments to the motion, as well as
subsequent motions to reconsider the related vote. AECA Section 36(b)(2) subsequent motions to reconsider the related vote. AECA Section 36(b)(2)
expressly permits a discharge motion after five calendar days for FMS transfers expressly permits a discharge motion after five calendar days for FMS transfers
to NATO, NATO countries, Japan, Australia, South Korea, Israel, and New to NATO, NATO countries, Japan, Australia, South Korea, Israel, and New
Zealand.22 Zealand.22
• 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 overall time for debate on the resolution of disapproval to 10 hours and • Limit the overall 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 may change these provisions in whole or in part by unanimous consent. The Senate may change these provisions in whole or in part by unanimous consent.
House Floor Procedures
With regard to FMS transactions, AECA Section 36(b)(3) requires the House of Representatives With regard to FMS transactions, AECA Section 36(b)(3) requires the House of Representatives
to treat as “highly privileged” a motion to proceed to the consideration of a joint resolution of to treat as “highly privileged” a motion to proceed to the consideration of a joint resolution of
disapproval reported by the House Foreign Affairs Committee. AECA Section 36(c)(3)(B) applies disapproval reported by the House Foreign Affairs Committee. AECA Section 36(c)(3)(B) applies
this procedure to resolutions of disapproval concerning DCS transactions. Generally, highly this procedure to resolutions of disapproval concerning DCS transactions. Generally, highly
privileged resolutions receive precedence over most other legislative business of the House and privileged resolutions receive precedence over most other legislative business of the House and
may be called up on the floor without a special rule reported by the Rules Committee. may be called up on the floor without a special rule reported by the Rules Committee.
The AECA does not include a provision for discharging a joint resolution from the House Foreign The AECA does not include a provision for discharging a joint resolution from the House Foreign
Affairs Committee. If the committee reports such a resolution and the resolution is called up, the Affairs Committee. If the committee reports such a resolution and the resolution is called up, the
House will consider the measure in the Committee of the Whole, at which time members have the House will consider the measure in the Committee of the Whole, at which time members have the
opportunity to offer amendments under the “five-minute rule.” In current practice, however, the opportunity to offer amendments under the “five-minute rule.” In current practice, however, the
House would likely consider any disapproval resolution under the terms of a special rule from the House would likely consider any disapproval resolution under the terms of a special rule from the
Rules Committee in order to set a time limit for debate, exclude any amendments to the Rules Committee in order to set a time limit for debate, exclude any amendments to the
resolution, and waive any points of order against the measure. Such a rule, if adopted by the resolution, and waive any points of order against the measure. Such a rule, if adopted by the

22 The AECA has no comparable provision governing DCS transactions. 22 The AECA has no comparable provision governing DCS transactions.
Congressional Research Service Congressional Research Service
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Arms Sales: Congressional Review Process

House, would govern the manner in which the legislation would be considered, superseding the House, would govern the manner in which the legislation would be considered, superseding the
statutory provision. statutory provision.
Presidential Waiver Authority
The President has the authority to waive the AECA statutory review periods. For example, if the The President has the authority to waive the AECA statutory review periods. For example, if the
President states in the formal notification to Congress under AECA Sections 36(b)(1), 36(c)(2), 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 approval) to be 36(d)(2) that “an emergency exists” which requires the sale (or export license approval) to be
made immediately “in the national security interests of the United States,” the President is free to made immediately “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 Congress at the time of 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 description of the this notification a “detailed justification for his determination, including a description of the
emergency circumstances” that necessitated his action and a “discussion of the national security emergency circumstances” that necessitated his action and a “discussion of the national security
interests involved.” AECA Section 3(d)(2)(A) provides similar emergency authority with respect 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 defense services. to retransfers of U.S.-origin major defense equipment, defense articles, or defense services.
Section 614(a)(1) of the Foreign Assistance Act of 1961 (FAA) authorizes the President to Section 614(a)(1) of the Foreign Assistance Act of 1961 (FAA) authorizes the President to
provide assistance under the FAA “when the President determines … that to do so is important to provide assistance under the FAA “when the President determines … that to do so is important to
the security interests of the United States.” The President may exercise this authority the security interests of the United States.” The President may exercise this authority
without regard to any provision of assistance under this Act without regard to any provision without regard to any provision of assistance under this Act without regard to any provision
of this Act, the Arms Export Control Act, any law relating to receipts and credits accruing of this Act, the Arms Export Control Act, any law relating to receipts and credits accruing
to the United States, and any Act authorizing or appropriating funds for use under this Act. to the United States, and any Act authorizing or appropriating funds for use under this Act.
The President must provide a written notification to the Speaker of the House of Representatives The President must provide a written notification to the Speaker of the House of Representatives
and the chairman of the Senate Foreign Relations Committee chair that “to do so is important to and the chairman of the Senate Foreign Relations Committee chair that “to do so is important to
the security interests of the United States.” the security interests of the United States.”
Section 614(a)(2) of the FAA, as amended, also allows the President to waive provisions of the Section 614(a)(2) of the FAA, as amended, also allows the President to waive provisions of the
AECA, the FAA, and any act authorizing or appropriating funds for use under either the AECA or AECA, the FAA, and any act authorizing or appropriating funds for use under either the AECA or
FAA in order to make available, during each fiscal year, up to $750 million in cash arms sales and FAA in order to make available, during each fiscal year, up to $750 million in cash arms sales and
up to $250 million in funds.23 Not more than $50 million of the $250 million limitation on funds up to $250 million in funds.23 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 use may be made available 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 million of cash sales (or unless the country is a “victim of active aggression.” Not more than $500 million of cash sales (or
cash sales and funds made available combined) may be provided under this waiver authority to cash sales and funds made available combined) may be provided under this waiver authority to
any one country in any fiscal year. any one country in any fiscal year.
Waiving these provisions requires that the President must determine and notify the Speaker of the Waiving these provisions requires that the President must determine and notify the Speaker of the
House of Representatives and the chairman of the Senate Foreign Relations Committee chair that House of Representatives and the chairman of the Senate Foreign Relations Committee chair that
to do so is vital to the security interests of the United States. Section 614(a)(3) requires the to do so is vital to the security interests of the United States. Section 614(a)(3) requires the
President, before exercising the authority granted in Section 614(a)(2), to “consult with” and President, before exercising the authority granted in Section 614(a)(2), to “consult with” and
“provide a written policy justification to” the House Foreign Affairs and the Senate Foreign “provide a written policy justification to” the House Foreign Affairs and the Senate Foreign
Relations Committees and House and Senate Appropriations Committees. Relations Committees and House and Senate Appropriations Committees.
2019 Sales to Jordan, Saudi Arabia, and the United Arab ~~Emirates~~Emirates24
On May 24, 2019, then-Secretary of State Michael Pompeo stated that he had directed the State On May 24, 2019, then-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).24 In a determination to Congress,~~

~~23 22 U.S.C. 2364(a).~~
~~24 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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23 22 U.S.C. 2364(a). 24 Prior to 2019, Administrations used this waiver authority for sales to Israel, Kuwait, North Yemen, and Saudi Arabia. (For details, see CRS Report R44984, Arms Sales in the Middle East: Trends and Analytical Perspectives for U.S. Policy, by Clayton Thomas, coordinator). Congressional Research Service 6 Arms Sales: Congressional Review Process Jordan, Saudi Arabia, and the United Arab Emirates (UAE).25 In a determination to Congress, Pompeo invoked the AECA Section 36 emergency provisions described above. The transfers 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 included a variety of defense articles and services, as well as an agreement to coproduce and
manufacture components of Paveway precision-guided munitions in Saudi Arabia. On June 20, manufacture components of Paveway precision-guided munitions in Saudi Arabia. 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.2526
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 bills on July 24. A July 29 Senate vote failed to override these vetoes. vetoed the three bills on July 24. A July 29 Senate vote failed to override these vetoes.
2022 Sale to Ukraine
On April 24, 2022, DSCA notified Congress of Secretary of State Antony Blinken’s determination On April 24, 2022, DSCA notified Congress of Secretary of State Antony Blinken’s determination
that “an emergency exists requiring the sale of non-standard ammunition” to Ukraine “in the that “an emergency exists requiring the sale of non-standard ammunition” to Ukraine “in the
national security interest of the United States.”national security interest of the United States.”27 Blinken invoked the aforementioned AECA Blinken invoked the aforementioned AECA
Section 36 emergency waiver provisions. Section 36 emergency waiver provisions.
2023 ~~Sale to Israel~~
~~On December 8,~~ Sales to Israel In December 2023, Secretary of State Blinken invoked the aforementioned AECA Section 36 emergency waiver provisions for arms sales to Israel. On December 8, 2023, DSCA notified Congress of DSCA notified Congress of ~~Secretary of State Antony~~Blinken’s determination that “an emergency exists which requires the immediate sale” of 120 millimeter tank cartridges and related equipment to Israel.28 DSCA notified Congress on December 29 of Blinken’s determination Blinken’s determination
that “an emergency exists which requires the immediate sale” of that “an emergency exists which requires the immediate sale” of ~~120~~155 millimeter millimeter ~~tank cartridges~~
~~and related equipment to Israel. Blinken invoked the aforementioned AECA Section 36~~
~~emergency waiver provisions.~~artillery rounds and “related equipment,” such as fuzes, charges, and primers, to Israel.29 25 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. Some of these notifications included exports to Australia, France, Israel, Italy, South Korea, Spain, and United Kingdom. 26 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. 27 Defense Security Cooperation Agency Transmittal No. 22-30, Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended. 28 Defense Security Cooperation Agency Transmittal No. 24-15, Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended. 29 Defense Security Cooperation Agency Transmittal No. 24-16, Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended. Congressional Research Service 7 Arms Sales: Congressional Review Process
AECA Resolutions of Disapproval: Selected Examples
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 131 of the International Security and Development Cooperation Act of 1985; P.L. planes (Section 131 of the International Security and Development Cooperation Act of 1985; P.L.
99-83). 99-83).
On April 8, 1986, President Ronald Reagan formally proposed the sale to Saudi Arabia of 1,700 On April 8, 1986, President Ronald Reagan formally 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

~~25 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.~~
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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 of 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. 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 to discharge a joint resolution (S.J.Res. 31) prohibiting the sale of several defense articles to
Pakistan, particularly eight F-16 Block 52 aircraft.Pakistan, particularly eight F-16 Block 52 aircraft.2630 H.J.Res. 82 was the House companion bill. H.J.Res. 82 was the House companion bill.
On May 5, 2016, a State Department spokesperson, noting congressional objections to using On May 5, 2016, a State Department spokesperson, noting congressional objections to using
Foreign Military Financing funds for the aircraft, explained that the United States had “told the Foreign Military Financing funds for the aircraft, explained 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.”2731 In late May 2016, the In late May 2016, the
U.S. offer expired after Islamabad failed to submit a letter of acceptance by the required deadline. U.S. 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 also would have prohibited the transfer of “defense articles, defense services, and technical bill 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 bill. H.J.Res. 102 was the House companion bill.
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 bill. Anti-Submarine Warfare mission kits and sensors. H.J.Res. 101 was the House companion bill.
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
30 K. Alan Kronstadt, Specialist in South Asian Affairs, contributed to this paragraph. 31 Mark Toner, State Department Regular News Briefing, May 5, 2016. Congressional Research Service 8 Arms Sales: Congressional Review Process export of the F-35 Joint Strike Fighter and related services and information to the UAE. H.J.Res. export of the F-35 Joint Strike Fighter and related services and information to the UAE. H.J.Res.
100 was the House companion bill. 100 was the House companion bill.
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 Small Diameter Bomb I munitions, as well as related parts, prohibiting a transfer of GBU–39/B Small Diameter Bomb I munitions, as well 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. 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 well as related defense services and technical data, a transfer of certain air-delivered munitions, as well as related defense services and technical data,
to Israel. The same day, Representative Alexandria Ocasio-Cortez introduced a companion bill, to Israel. The same day, Representative Alexandria Ocasio-Cortez introduced a companion bill,
H.J.Res. 49. H.J.Res. 49.

~~26 K. Alan Kronstadt, Specialist in South Asian Affairs, contributed to this paragraph.~~
~~27 Mark Toner, State Department Regular News Briefing, May 5, 2016.~~
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Congressional Use of Other Legislation
Congress can use the regular legislative process to prohibit or modify a proposed FMS or DCS Congress can use the regular legislative process to prohibit or modify a proposed FMS or DCS
transaction; a properly drafted law could block or modify an arms sale transaction if the items transaction; a properly drafted law could block or modify an arms sale transaction if the items
have not been delivered to the recipient country. There are potentially important practical have not been delivered to the recipient country. There are potentially important practical
advantages to prohibiting or modifying a sale, if Congress seeks to do so, prior to the date when advantages to prohibiting or modifying a sale, 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 formal contract with the foreign government is signed—which could occur at any time after
the statutory 30-day period. These likely advantages include (1) limiting political damage to the statutory 30-day period. These likely advantages include (1) limiting political damage to
bilateral relations that could result from signing a sales contract and later nullifying it with a new bilateral relations that could result from 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 law; and (2) avoiding financial liabilities 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 valid sales contract. The legislative vehicle designed to prohibit or modify a specific arms sale
can take a variety of forms, ranging from a rider to any appropriation or authorization bill to a can take a variety of forms, ranging from a rider to any appropriation or authorization bill to a
freestanding bill or joint resolution. The only essential features that the vehicle must have are freestanding bill or joint resolution. The only essential features that the vehicle must have are
(1) that it is legislation passed by both houses of Congress and presented to the President for his (1) that it is legislation passed by both houses of 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 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 specific items or general categories) to a specific military equipment (whether it applies to specific items or general categories) to a specific
country or countries. country or countries.

Author Information

Paul K. Kerr Paul K. Kerr

Specialist in Nonproliferation Specialist in Nonproliferation

Acknowledgments
Richard F. Grimmett, former CRS Specialist in International Security, was the original author of this report. Richard F. Grimmett, former CRS Specialist in International Security, was the original author of this report.
Congressional Research Service 9 Arms Sales: Congressional Review Process
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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