By Jen DiMascio
The initial deadline for Congress to object to the sale of the Joint Direct Attack Munition (JDAM) to Saudi Arabia has passed, opening the door for the administration to legally proceed with the deal.
On Jan. 14, the Defense Security Cooperation Agency (DSCA) notified Congress of the potential sale of 900 JDAMs for up to $123 million. Lawmakers then had 30 days to block the sale with a joint resolution. Without that resolution, the administration has the green light to pursue an agreement on the sale.
At this point, the Air Force will negotiate the terms of the agreement on price and quantity of the missiles made by Boeing [BA], after which DSCA will draw up a letter of offer to the Saudi Arabian government, a State Department official said.
Even though the sale may now proceed, Congress can still block the deal by crafting and passing a law before the weapons are delivered, according to a Congressional Research Service report. That law would probably have to pass by a two-thirds majority in both the House and Senate, because the president would be likely to veto the bill.
Though Congress only needs to act before delivery, the report noted that there are “advantages” to stepping in before a contract with the foreign government is signed–namely damage to relations with that country and the financial ramifications of breaking a contract.
Last week, three Republican lawmakers registered their discontent with the sale, attempting to pull in support for their effort to block the sale two days before the initial 30-day window closed.
Rep. Zach Wamp (R-Tenn.), Rep. Sue Myrick (R-N.C.) and Rep. Frank Wolf (R-Va.) said they had signed onto a resolution containing 13 Republicans and more than 80 Democrats opposing the sale.
Wamp said they came forward to show the bipartisan support for killing the sale.
“I don’t want it to be a partisan issue. A bad idea is a bad idea whether you’re a Democrat or a Republican and this is a bad idea,” Wamp said.
But that effort, spearheaded by Rep. Anthony Weiner (D-N.Y.), was not likely to go far. It lacked the backing of Rep. Tom Lantos (D-Calif.), who before his death last week was the chairman of the House Foreign Affairs Committee. Lantos did not bring the issue up in the committee, making it more difficult for lawmakers to block the sale.
That doesn’t mean members of Congress have given up trying.
According to Wamp, the sale has still not received proper oversight or consideration by Congress. “As consensus has not been built around this action within either the legislative or executive branch, responsible members from both parties should pursue all possible options to stop this sale from being fully consummated,” Wamp said in an e-mailed statement.