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What is the difference between the Arms Export Control Act and the Foreign Assistance Act?

Updated 3 October 2026Checked against the SAMM: 11 September 2026

rests on two authorizing laws. The Foreign Assistance Act of 1961 authorizes grant programs such as , emergency drawdowns and grant transfers of . The is the statutory basis for , for Foreign Military Financing and for the control of commercial arms exports.

What is the difference between the Arms Export Control Act and the Foreign Assistance Act?

The U.S. program, a major component of (), has its foundation in public law, which provides both authorizations and appropriations.

Certain programs must be both authorized and appropriated, including the following:

  • Foreign Military Financing Programs (FMFPs)
  • Peacekeeping Operations ()
  • Nonproliferation, Anti-Terrorism, Demining, and Related Programs (NADR)

, commercial exports or direct commercial sales (), drawdowns, and leasing are also addressed in legislation, though not from a funding standpoint since U.S.-appropriated dollars are not normally required. Instead, these programs are addressed from a reporting, control, and oversight perspective.

The of 1961 contains many provisions formerly in the Mutual Security Act of 1954, as amended. Today, the is the authorizing legislation for , ESF, , , NADR, overseas program management, grant transfer of , emergency drawdowns, and a wide variety of other foreign assistance programs.

The came into being under a different title, the Act of 1968 (FMSA). Before 1968, the basic authority for was the . The FMSA served to incorporate the program under a new and separate act. The International and of 1976 changed the title of the FMSA to the current . The 1976 Act also repealed Section 414 of the Mutual Security Act of 1954, which provided authority for commercial licensing through the International Traffic in Arms Regulations (). The commercial licensing authority was placed in a new Section 38, , “Control of Arms Exports and Imports,” which governs the licensing and sale of items through direct commercial channels. The is the statutory basis for the conduct of , funding for FMFP, and the control of commercial sales of defense articles and services.

The and the may be amended by annual or biennial or foreign assistance authorization acts. However, Congress has used annual Department of War (DoW) and Department of State (DOS) legislation, stand-alone legislation, and various functional laws to amend the or . In the absence of an authorization act, the appropriations committee has included program authorization language in the affected annual appropriations act, in other acts or in stand-alone legislation to authorize additional programs.

The general subject areas are referred to as “titles.” Most -codified laws can be viewed under Title 22, “Foreign Relations and Intercourse.” Certain -related and -codified laws can be viewed under Title 10, “Armed Forces.” These titles are often referred to when differentiating between authorities and appropriations for the DOS and its responsibility for foreign affairs and the DoW and its responsibility for national defense.

References

Drawn exclusively from publicly available authorities.

SAMM

Public authorities

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