Title: SAFE Act
Policy area: International Affairs

Summary:
Saudi Arabia False Emergencies Act or the SAFE Act
This bill limits the President's authority to waive congressional review of a proposed arms sale through the use of an emergency determination.
Specifically, the bill limits the use of emergency authorities to arms exports to only NATO countries, Australia, Israel, Japan, South Korea, and New Zealand. In addition, the bill requires the President to issue an individual determination and detailed justification for each proposal. Furthermore, such a determination shall be available for a proposal only if (1) the proposal directly responds to, or counters, a physical security threat; and (2) three-quarters of the arms will be delivered within two months.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1945 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1945

To amend section 36 of the Arms Export Control Act (22 U.S.C. 2776) to 
preserve congressional review and oversight of foreign arms sales, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2019

 Mr. Menendez (for himself, Mr. Graham, Mr. Murphy, Mr. Paul, and Mr. 
Leahy) introduced the following bill; which was read twice and referred 
                 to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To amend section 36 of the Arms Export Control Act (22 U.S.C. 2776) to 
preserve congressional review and oversight of foreign arms sales, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLES.

    This Act may be cited as the ``Saudi Arabia False Emergencies Act'' 
or the ``SAFE Act''.

SEC. 2. PROTECTION OF CONGRESSIONAL REVIEW AND OVERSIGHT OF ARMS SALES 
              TO SAUDI ARABIA AND OTHER COUNTRIES.

    Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is 
amended by adding at the end the following:
    ``(j) Determination of an Emergency.--Notwithstanding any other 
provision of this Act related to a determination of an emergency to 
waive congressional review of proposed letters of offer, licenses, or 
approvals--
            ``(1) a determination pursuant to subsection (b)(1), 
        (c)(2), (d)(2), section 3(d)(2), or any other provision of this 
        Act that an emergency exists shall apply only to the North 
        Atlantic Treaty Organization, any member country of the North 
        Atlantic Treaty Organization, Australia, Japan, the Republic of 
        Korea, Israel, and New Zealand;
            ``(2) the President--
                    ``(A) shall submit a determination and detailed 
                justification for each letter of offer, license, or 
                approval subject to an emergency determination; and
                    ``(B) shall include a specific and detailed 
                description of how such waiver of the congressional 
                review requirements directly responds to or addresses 
                the circumstances of the emergency cited in the 
                determination; and
            ``(3) the determination described in paragraph (2)(A) shall 
        only be available for a certification for a letter of offer, 
        license, or approval for defense articles or defense services--
                    ``(A) that directly respond to or counter a 
                physical security threat; and
                    ``(B) 75 percent of which will be delivered not 
                later than 2 months after the date of such 
                determination.''.
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