S. 1945 would constrain the President’s authority to use an emergency declaration to allow arms sales to foreign countries without Congressional review. Under the Arms Export Control Act (AECA), which the bill would amend, the President must notify the Congress of any planned transfers of arms and wait 15 to 30 days before making the transfer. The Congress may enact a joint resolution to disapprove the transfer during that period. The AECA allows the President, in the interest of national security, to declare an emergency and proceed with the transfers without delay. In May 2019, President Trump used that authority and notified the Congress of his intent to immediately transfer defense items to countries in the Middle East. Such emergency authority has been used infrequently; it was last invoked in 2003 by President George W. Bush during the war in Iraq.
S. 1945 would require the President to provide a detailed justification for the declaration of an emergency. It would restrict the types of defense items that could be transferred and shorten the list of countries to which they could be transferred. It would require that at least three-quarters of the materials be transferred within two months of an emergency declaration.
Many transfers of defense items to foreign countries are financed through the Foreign Military Sales Trust Fund. That fund can receive and expend amounts without further appropriation. Under S. 1945 some arms sales could be delayed or forgone. However, because the program operates at no net cost to the federal government, CBO estimates that the net effects on direct spending would not be significant.
Using information about the Department of State’s administrative costs of complying with the review process under current law, CBO estimates that any additional costs of the added requirements that would be established under S. 1945 would be less than $500,000 over the 2019-2024 period; such spending would be subject to the availability of appropriated funds.
