Arms Sales: Congressional Review Process

Publication Date: September 2007

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Military and defense

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Abstract:

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 re-transfer to third party nations 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 Act, is free to proceed with an arms sales proposal unless Congress passes legislation prohibiting or modifying the proposed sale. Under current law Congress must overcome 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.