Guide

How long does Congress have to review a Foreign Military Sale?

Updated 11 September 2026

A proposed sale goes through an informal tiered review with the congressional committees before the formal notification is submitted. The statutory review period runs from the formal notification, and its length depends on the purchaser.

How long does Congress have to review an arms sale?

The informal review before the formal notification

SAMM C5.7.6.3 — State Informal Notification Process (“Tiered Review”).

State reviews and coordinates the package with the NSC (if applicable). State then submits the package to Congress for the informal Tiered Review period. During the Tiered Review period, Congress reviews CNs prior to formal submittal and to requests further information, if needed. Although State and Congress have agreed to notional timelines for Tiered Review (See Table C5.T22.), these timelines are not binding and Tiered Review is complete only when State has completed its consultations with Congress, which is normally, but not always, defined as clearances from HFAC and SFRC Chairpersons and Ranking Members (four clearances total from State committees of jurisdiction). Subsequently, State may authorize DSCA to submit formal notification to Congress.

Table C5.T22. Tiered Review Periods
Tiers	Applicability	Days
Tier 1 - NATO +5	Applies to NATO Countries and Australia, Israel, Japan, the Republic of Korea, and New Zealand (unless Tier 3 circumstances apply)	20 Days
Tier 2 - Other	Applies to all other countries, NATO Organizations, and all other international organizations (unless Tier 3 circumstances apply)	30 Days
Tier 3 - Sensitive	Applies to notifications including Missile Technology Control Regime (MTCR) Category I articles or requiring a QME determination (see Section C5.6.5.10.1.). May also include, at the discretion of State PM or Congress, notifications containing other sensitive technology or notifications for the first introduction of a technology to a country or region (which may include Tier 1 countries on a case-by-case basis).	40 Days

Synced 11 September 2026 · View on samm.dsca.mil

The formal review period

SAMM C5.T23 — Formal Review Periods

Table C5.T23. Formal Review Periods
Purchaser	Days
NATO Countries and Organizations, Australia, Israel, Japan, the Republic of Korea, and New Zealand	15 Days
All Other Countries and International Organizations	30 Days

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The LOA shall not be issued if Congress, within thirty calendar days after receiving such certification, adopts a joint resolution stating it objects to the proposed sale. However, such action by Congress does not apply if the President states in his certification that an emergency exists that requires such sale in the national security interests of the U.S. [Section 36(b)(1), AECA].

An exception to the above thirty-day procedure exists for NATO, and NATO member countries, Australia, Japan, Republic of Korea, Israel, and New Zealand. NATO and NATO member countries have a formal statutory notification period of fifteen days.

References

Drawn exclusively from publicly available authorities.

SAMM

SAMM C5.7.6.3 — State Informal Notification Process (“Tiered Review”).
SAMM C5.T23 — Formal Review Periods

Pipeline stageCongressional Notification RoleState PM/RSAT GuideWhy does FMS take so long?GuideWhat happens after Congress is notified of an arms sale?

How long does Congress have to review a Foreign Military Sale?

How long does Congress have to review an arms sale?

The informal review before the formal notification

The formal review period

References

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