Article Summary –
Democrats in Congress are considering using their influence over weapons sales to object to the civilian death toll in the Israel-Gaza conflict and to pressure President Biden to place conditions on American support for the military offensive. This is in response to a State Department plan to sell $18 billion worth of F-15 fighter jets to Israel, which is currently in limbo as it has yet to be signed off by the top two Democrats on the Senate Foreign Relations and House Foreign Affairs Committees. Under the Arms and Export Control Act, the President must consult with Congress on large transactions involving weapon sales to other countries, and lawmakers can use their oversight role to raise concerns and potentially place a hold on the proposed transfer.
Democrats Review Israel’s Use of US Weaponry Amid Civilian Casualties in Gaza
Congressional Democrats, concerned about Israel’s actions in Gaza, are contemplating whether to express opposition to the civilian death toll by leveraging weapons sales. This move aims to exert pressure on President Biden to condition American support for Israel’s military offensive.
Despite top Republican foreign affairs committee members approving the State Department’s proposal to sell $18 billion worth of F-15 fighter jets to Israel, approval from the leading Democrats seems pending. This potential deal, one of the largest U.S. arms sales to Israel in recent years, would include munitions, training, and other support.
Democrats are urging Congress to utilize its influence over weapon transfers to demand that Israel do a better job of protecting against civilian casualties in the conflict and allowing aid to reach civilians in Gaza. Senator Chris Van Hollen of Maryland is considering legislative options to achieve this, including a measure to block weapons transfers.
Congressional Oversight Role in Major Weapons Sales
Under the Arms and Export Control Act, the president must consult with Congress on significant weapons deals. If an order for military hardware reaches a certain monetary threshold, Congress must be formally notified. However, Congress reviews only the largest and most important proposed deals.
Once the State Department decides to pursue a transfer, a draft deal is sent to the heads of Senate and House foreign affairs committees for review. Key panel members and their senior aides can raise any concerns privately. If the concerns persist, a member can place a hold on the proposed transfer, which can delay or even terminate a deal.
Review Period and Formal Notification Process
Once congressional issues have been addressed, the State Department sends Congress a formal notification of intent to proceed with the deal. During this period, any House or Senate member can file a resolution of disapproval to express opposition to a deal. But, if the President backs the deal, a two-thirds majority vote in both chambers is needed to stop the transfer, a situation that is highly unlikely given the strong bipartisan support for Israel in Congress.
Presidential Bypassing of Congressional Review
The administration can bypass the review process if the secretary of state declares an expedited emergency sale is in the U.S.’s national security interest. The Trump administration used this authority in 2019 to push through a multibillion-dollar arms deal to Saudi Arabia, Jordan, and the United Arab Emirates, angering both Democrats and Republicans. The Biden administration has also used similar emergency powers to fast-track aid packages to Ukraine and Israel.
Despite the lack of disapproval resolutions introduced to block emergency use, several Democrats have expressed frustration over Biden’s bypassing of Congress in weapons transfers to Israel. Senator Tim Kaine of Virginia emphasized that decisions of war, peace, and diplomacy should be deliberate, transparent, and consistent with U.S. values.
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