Going around Congress, the Biden administration said Saturday it has approved the emergency sale to Israel of nearly 14,000 rounds of tank ammunition worth more than $106 million as Israel intensifies its military operations in the southern Gaza Strip.
The move comes as President Biden's request for a nearly $106 billion aid package for Ukraine, Israel and other national security is languishing in Congress, caught up in a debate over U.S. immigration policy and border security. Some Democratic lawmakers have spoken of making the proposed $14.3 billion in American assistance to its Mideast ally contingent on concrete steps by Israeli Prime Minister Benjamin Netanyahu's government to reduce civilian casualties in Gaza during the war with Hamas.
The State Department said it had notified Congress of the sale late Friday after Secretary of State Antony Blinken determined "an emergency exists that requires the immediate sale" of the munitions in the U.S. national security interest.
That means the purchase will bypass the congressional review requirement for foreign military sales. Such determinations are rare, but not unprecedented when administrations see an urgent need for weapons to be delivered without waiting for lawmakers' approval.
The United States is dedicated to ensuring the security of Israel and considers it crucial to assist Israel in developing and maintaining a strong self-defense capability. This proposed sale aligns with those objectives," the department stated. "Israel will utilize the enhanced capability as a deterrent against regional threats and to bolster its homeland defense."
The sale, valued at $106.5 million, includes 13,981 120 mm High Explosive Anti-Tank Multi-Purpose with Tracer tank cartridges, as well as U.S. support, engineering, and logistics. The materials will be sourced from the Army inventory.
Bypassing Congress with emergency determinations for arms sales is an uncommon measure that has previously faced opposition from lawmakers. Typically, lawmakers have a period of time to review proposed weapons transfers and, in certain cases, block them.
In May 2019, then-Secretary of State Mike Pompeo made an emergency determination for an $8.1 billion weapons sale to Saudi Arabia, the United Arab Emirates, and Jordan after it became evident that the Trump administration would struggle to address lawmakers' concerns regarding the Saudi-UAE-led war in Yemen.
Pompeo faced significant criticism for this move, with some speculating that it may have violated the law since many of the weapons involved were yet to be constructed and could not be urgently delivered. However, he was cleared of any wrongdoing following an internal investigation.
Since 1979, at least four administrations have utilized this authority. President George H.W. Bush's administration employed it during the Gulf War to expedite arms delivery to Saudi Arabia.
