Arms Sales: Congressional Review Process (CRS Report for Congress)
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| Release Date |
Revised Aug. 13, 2024 |
| Report Number |
RL31675 |
| Report Type |
Report |
| Authors |
Richard F. Grimmett, Foreign Affairs, Defense, and Trade Division |
| Source Agency |
Congressional Research Service |
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Summary:
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
proposals to sell major defense equipment, defense articles and services, or the retransfer to thirdparty
states of such military items. Under Section 36(b) of the Arms Export Control Act (AECA),
Congress must be formally notified 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 $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 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 sales to NATO members, Japan,
Australia, South Korea, Israel, or New Zealand. Commercially licensed arms sales also must be
formally notified to Congress 30 calendar days before the export license is issued if they involve
the sale of major defense equipment valued at $14 million 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 must be formally
notified 15 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, South Korea, Israel, or New Zealand.
Furthermore, commercially licensed arms sales cases involving defense articles that are firearmscontrolled
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 30 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, 15 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, 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 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 modify an arms sale at any time up to the point of delivery of the items
involved. This report will be updated, if notable changes in these review procedures or applicable
law occur.
