Democrats in Congress are increasingly concerned about how Israel is waging war in Gaza and are considering whether to use their influence over arms sales to raise objections to the civilian death toll and increase pressure on President Biden to set conditions for the to provide US support for the military offensive.
While top Republicans on congressional foreign affairs committees have approved a State Department plan to sell $18 billion worth of F-15 fighter jets to Israel, the deal remains in limbo, according to several people familiar with the consultation . That strongly suggests that the top two Democrats on the Senate Foreign Relations Committee and the House Foreign Affairs Committee have not yet agreed.
Spokesmen for the two — Sen. Ben Cardin of Maryland and Rep. Gregory W. Meeks of New York — declined to comment on the status of the deal, which would be one of the largest U.S. arms sales to Israel in years and would also include ammunition, Training and other support. But other Democrats have said in recent days that Congress should use its influence over arms transfers to demand that Israel better protect itself from civilian casualties in the conflict and allow aid to reach civilians in Gaza.
An aide to Sen. Chris Van Hollen, Democrat of Maryland, said Wednesday that he was strongly considering several legislative options to do so, including introducing a measure that would block gun transfers. That would be an exaggerated attempt; It would take a supermajority in both houses of Congress to overcome a veto from Mr. Biden, a nearly impossible hurdle given the strong bipartisan support for Israel on Capitol Hill.
But lawmakers can use their oversight role to try to weigh in on the issue. Thats how it works.
The president must consult with Congress on major arms sales.
Under the Arms and Export Control Act, the president must consult with Congress on large transactions involving the shipment of weapons of war to other countries.
When a military equipment order reaches a certain financial threshold — $25 million for close U.S. allies, including Israel — the president must formally notify Congress. The threshold is $100 million for defense articles or services and $300 million for design and construction services.
Less than 10 percent of all U.S. arms sales to foreign governments reach that level, according to several people familiar with the consultation process who are not authorized to comment publicly. That means Congress only considers the largest and most significant proposed deals.
After informal notification, the legislature can withhold objections.
Once the State Department decides to proceed with the transfer, a draft of the agreement will be sent to top members of the Senate and House Foreign Affairs Committees for informal review. This is arguably the most important step in approving a gun sale.
The chairman and ranking member of both panels and their senior staff may raise concerns or objections in private briefings with State Department officials, including technical questions about the capabilities of the weapons delivered, the logistics of storing them, and the end users.
Lawmakers can also raise foreign policy concerns with their government, including about human rights and how the weapons are used. The process can drag on if lawmakers are not satisfied with the answers. And if concerns persist, a member can withhold the proposed transfer.
Sometimes the closures are temporary, but sometimes they can last for months or years and ultimately lead to the failure of a business. They can be a major source of frustration for a government hoping to quickly push through an arms deal.
The government can move forward without congressional approval during the informal review period, but typically will only move forward if there are no longer ongoing concerns.
A formal notification usually means a deal is done.
Once all congressional questions are resolved, the State Department sends a formal notice to Congress of the administration’s intent to proceed with the agreement.
The length of the review period varies by country; For sales to Israel the deadline is 15 days. No deal can be completed before the end of the review period, but formal notification usually means a deal is on the fast track to approval.
Still, any member of the House or Senate can file a vote of disapproval during this time to object to a deal.
Congress can block an arms transfer.
To stop an arms transfer at this point would require passing a resolution of disapproval in both the House and Senate and then overcoming some veto from the president who supports the deal. This would require a two-thirds majority in both chambers, which has never happened before.
Given the strong bipartisan support for Israel in Congress, it is highly unlikely that this point will come; Any disapproving solution would almost certainly fail. But the trial could still lead to a public standoff between Democrats in Congress and the White House, which Mr. Biden will surely want to avoid.
The president can bypass Congress.
The president has the authority to bypass the review deadline if he declares that an accelerated fire sale is in the “national security interest of the United States.” The administration is still required to notify Congress and provide details regarding its use of emergency powers.
In 2019, the Trump administration used an emergency declaration to bypass Congress’ notification process and push through a multibillion-dollar arms deal with Saudi Arabia, Jordan and the United Arab Emirates. The move angered both Democrats and Republicans, who criticized the Saudi-led coalition’s attacks on civilian targets in Yemen and angered over human rights abuses, including the killing of journalist Jamal Khashoggi.
In that case, both chambers voted to block the deal but failed to override a veto by then-President Donald J. Trump.
Under the Biden administration, similar emergency powers were used to expedite aid packages to Ukraine and Israel. No censure resolution was introduced to block the emergency deployment, but a number of Democrats expressed frustration when Biden twice bypassed Congress in December to transfer more than $250 million worth of weapons to Israel. They warned Mr. Biden’s team against circumventing congressional notification for future arms transfers.
“Decisions about war, peace and diplomacy should be made in a process that is deliberate, transparent and consistent with our values,” Sen. Tim Kaine of Virginia, one of the Democrats who objected to the earlier emergency declarations, said Wednesday . “That means Congress and the American people must have full transparency about the weapons we transfer to another country.”
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2024-04-04 09:06:03
www.nytimes.com