Guide
Does Congress have to approve Foreign Military Sales?
For a Foreign Military Sale at or above the statutory thresholds — $25M in for members, Australia, Israel, Japan, the Republic of Korea and New Zealand, $14M for every other purchaser — the law requires a formal notification to Congress before the offer can be made, not an approval vote. Congress has 30 days (15 days for that first group) to block the sale by ; if it does not, the offer proceeds when the review period expires.
Does Congress have to approve arms sales?
Congress can object to a proposed case by passing a . In the absence of a prior to expiration of the statutory notification period, may electronically countersign the at the end of the notification period and then release it to the for official offer to the international partner.
References
SAMM
- SAMM C5.7.1 — Definition and Purpose.
- SAMM C5.7 — Congressional Notification - Arms Export Control Act 36(b) for Security Assistance Programs.
- SAMM C5.T18 — Thresholds for 36(b) Congressional Notification
- SAMM C5.T22 — Tiered Review Periods
Public authorities
Facts referenced
- 36(b)(1) MDE threshold — NATO members, Australia, Israel, Japan, Republic of Korea, New Zealand — $25M (as of 11 September 2026) — SAMM C5.T18
- 36(b)(1) MDE threshold — all other countries and international organizations — $14M (as of 11 September 2026) — SAMM C5.T18
- 36(b) statutory review period — all other countries and international organizations — 30 days (as of 11 September 2026) — SAMM C5.7
- 36(b) statutory review period — NATO members, Australia, Israel, Japan, Republic of Korea, New Zealand — 15 days (as of 11 September 2026) — SAMM C5.7
- 36(b)(1) total case value threshold — NATO members, Australia, Israel, Japan, Republic of Korea, New Zealand — $100M (as of 11 September 2026) — SAMM C5.T18
- 36(b)(1) total case value threshold — all other countries and international organizations — $50M (as of 11 September 2026) — SAMM C5.T18
- 36(b)(1) design and construction services threshold — NATO members, Australia, Israel, Japan, Republic of Korea, New Zealand — $300M (as of 11 September 2026) — SAMM C5.T18
- 36(b)(1) design and construction services threshold — all other countries and international organizations — $200M (as of 11 September 2026) — SAMM C5.T18
- Tiered review period — Tier 1 (NATO +5) — 20 days (as of 11 September 2026) — SAMM C5.T22
- Tiered review period — Tier 2 (other) — 30 days (as of 11 September 2026) — SAMM C5.T22
- Tiered review period — Tier 3 (sensitive) — 40 days (as of 11 September 2026) — SAMM C5.T22
- Purchasers in the higher 36(b) threshold group — North Atlantic Treaty Organization Countries, Australia, Israel, Japan, Republic of Korea, New Zealand (as of 11 September 2026) — SAMM C5.T18
DSCA policy memoranda
- DSCA 24-29 — DSCA Policy Memo 24-29 — 36(b) Congressional Notification Update [SAMM E-Change 483]
Related
Major Defense Equipment (MDE)
Any item of Significant Military Equipment on the U.S. Munitions List having a nonrecurring research and development cost of more than $50 million or a total production cost of more than $200 million. Also defined in section 47 (6), Arms Export Control Act.
SAMM Glossary, as of 12 September 2026
Joint Resolution
A legislative resolution, designated H J Res (House) or S J Res (Senate) which requires the approval of both houses and the signature of the President, just as a bill does, and which has the force of law if approved. There is no practical difference between a bill and a joint resolution. A joint resolution generally is used to deal with a limited matter such as a single appropriation. Congressional rejection of a proposed arms transfer, lease, third country transfer, or a proposed international cooperative project takes the form of a joint resolution of disapproval.
SAMM Glossary, as of 12 September 2026
Arms Export Control Act (AECA)
The basic U.S. law providing the authority and general rules for the conduct of Foreign Military Sales and commercial sales of defense articles, defense services, and training. The Arms Export Control Act (AECA) came into existence with the passage of the Foreign Military Sales Act (FMSA) of 1968. An amendment in the International Security Assistance and AECA of 1976 changed the name of FMSA to the AECA.
SAMM Glossary, as of 12 September 2026
Letter of Offer and Acceptance (LOA)
The legal instrument used by the USG to transfer itemized defense articles, defense services, and design and construction services to foreign partners.
When used under the authorities provided in the Arms Export Control Act for Foreign Military Sales, the LOA is a binding agreement signed by the USG and the foreign partner to transfer such articles and services.
When used under Building Partnership Capacity (BPC) authorities, the BPC LOA is not signed by the Benefitting Partner.
SAMM Glossary, as of 12 September 2026
LOA — Letter of Offer and Acceptance
SAMM Acronyms, as of 12 September 2026
SAMM — Security Assistance Management Manual
SAMM Acronyms, as of 12 September 2026
Glossary entry →Security Assistance Management Manual (SAMM) →
DSCA — Defense Security Cooperation Agency
SAMM Acronyms, as of 12 September 2026
Glossary entry →Defense Security Cooperation Agency (DSCA) →
Implementing Agency (IA)
The military department or defense agency responsible for the execution of military assistance programs. With respect to FMS, the military department or defense agency assigned responsibility by the Defense Security Cooperation Agency to prepare an LOA and to implement an FMS case. The implementing agency is responsible for the overall management of the actions that will result in delivery of the materials or services set forth in the LOA that was accepted by a foreign country or international organization.
SAMM Glossary, as of 12 September 2026