Christopher M. Blanchard, Coordinator of Research Planning, cblanchard@crs.loc.gov, 7-
0428
Jeremy M. Sharp, Specialist in Middle Eastern Affairs, jsharp@crs.loc.gov, 7-8687
Clayton Thomas, Analyst in Middle Eastern Affairs, cbthomas@crs.loc.gov, 7-2719
This memorandum provides background information and legislative history related to the use of
emergency authorities to sell arms abroad, with specific reference to the Trump Administration’s May
2019 invocation of those authorities and three other past examples. Please contact the authors if you need
further assistance. The content of this memorandum may be used to respond to other congressional
requests or in other CRS products.
Overview
The Trump Administration’s May 2019 invocation of an emergency waiver to immediately sell arms to
Saudi Arabia, the United Arab Emirates, and Jordan without congressional review has drawn intense
scrutiny from some Members of Congress and has raised fundamental questions about executive-
legislative relations. This memorandum provides information on the sales notified by the Administration
on May 24, 2019, the emergency justification under which they were notified (in the Arms Export Control
Act, AECA), and the congressional response to them; the war in Yemen and congressional attempts to
alter the U.S. role in it; other presidential authorities to waive congressional review of arms sales in case
of an emergency; and discussion of possible options for Congress to consider. Additionally, it includes as
appendices background on the legislative history of the AECA emergency waiver provisions and detailed
analysis of three previous sales made using emergency waivers.
May 24, 2019 Notifications and Congressional Response
On May 24, 2019, the Trump Administration formally notified Congress of immediate foreign military
sales and proposed export licenses for direct commercial sales of training, equipment, and weapons with a
possible value of more than $8 billion, including sales of precision guided munitions (PGMs) to Saudi
Arabia and the United Arab Emirates (UAE), and the transfer of PGMs by the UAE to Jordan. Other
notified sales include F-15 Engines and Support for Saudi Arabia and Javelin Anti-Tank Missiles and
Patriot Guidance Enhanced Missiles for the UAE. For a complete list, see Appendix A.
In making the notifications, Secretary of State Michael Pompeo invoked emergency authority codified in
sections 36(b)(l), 36(c)(2), 36(d)(2), and 3(d)(2) of the Arms Export Control Act (AECA), as amended (22
