Rubio Bypasses Congress on Israel Arms Sale

April 2025

U.S. Secretary of State Marco Rubio bypassed Congress and signed a “declaration to use emergency authorities to expedite the delivery of approximately $4 billion worth” of munitions to Israel.

Two weeks after U.S. Secretary of State Marco Rubio bypassed Congress to sell 2,000-pound bombs to Israel, Israel bombed Gaza, breaking a ceasefire. (Photo by Abed Rahim Khatib/Anadolu via Getty Images)

The Defense Security Cooperation Agency said that the sale included 35,529 BLU-117 2,000-pound bombs, which are among the most powerful and destructive in the U.S. inventory.

Under Section 36 of the Arms Export Control Act, the president or secretary of state must notify Congress of any major arms transfer worth more than $100 million to Israel or another close ally 15 calendar days in advance before the administration can proceed with the transaction.

That section allows the president to waive the 15-day review process by informing Congress that “an emergency exists” necessitating that the sale be made immediately, if deemed “in the national security interests of the United States.” When conveying such a notification, the president is required to provide Congress with a “detailed justification for his determination, including a description of the emergency circumstances” that necessitates the waiver.

In his March 1 announcement, Rubio did not cite any specific emergency necessitating the sale or provide a detailed justification for it, saying only that the Trump administration “will continue to use all available tools to fulfill America’s long-standing commitment to Israel’s security, including means to counter security threats.”

Two-thousand-pound bombs such as the BLU-117 have been used by the Israeli military to level buildings in Gaza thought to house Hamas militants, who launched the deadly Oct. 7, 2023, raid on Israel. Whether or not such heavy bombs succeed in killing militants, they typically kill or injure many noncombatants living in or near the targeted structures. The Biden administration suspended deliveries of these munitions in May 2024, fearing that their use by Israeli forces to destroy Hamas strongholds in the Gazan city of Rafah would result in excessive civilian casualties, but the Trump administration resumed shipments Jan. 25.—MICHAEL T. KLARE

Virtual Briefing: Can Trump and Putin Agree on Nuclear Limits After New START?

Description

Without reciprocal constraints, Russia and the United States will face a new era of uncertainty after the expiration of the New Strategic Arms Reduction Treaty agreement on Feb. 5, 2026. This webinar briefing will explore what pathways toward a new agreement exist for U.S. and Russian negotiators, as well as what the consequences of failure might mean for the global nuclear order.

Body

April 15, 2025

10:00 AM–11:30 AM U.S Eastern Time

The United States and Russia have not engaged in meaningful nuclear arms reduction talks in years, even though they, along with other nuclear-armed states, are obligated to do so under the nuclear Nonproliferation Treaty.

Without reciprocal constraints, Russia and the United States will face a new era of uncertainty after the expiration of the New Strategic Arms Reduction Treaty agreement on Feb. 5, 2026. The two countries, which still retain close to 90% of the world’s nuclear weapons, will no longer be bound by the treaty’s central limits of 1,550 deployed strategic nuclear warheads and 700 deployed launchers. With China rapidly expanding its strategic nuclear forces as well, all the ingredients for a three-way arms race will exist.

At the same time, U.S. President Donald Trump has expressed his concern about the risks of nuclear conflict and his interest in negotiations with Russia and China on “denuclearization.” As U.S. and Russian officials engage on issues related to the future of the war on Ukraine, it is expected that they will also discuss how to manage their dangerous nuclear relationship.

This Arms Control Association briefing, featuring three leading experts in nuclear weapons and arms control policy, explored what options are available and what pathways forward might be feasible for U.S. and Russian negotiators, as well as what the consequences of failure might mean for nuclear risk and global security.

Panelists:

  • Thomas Countryman, Former Assistant Secretary of State for Arms Control and International Security and ACA Board Chairman 
  • Alexey Arbatov, Head of the Center for International Security at the Primakov National Research Institute of World Economy and International Relations 
  • María Antonieta (Tonie) Jáquez, Coordinator for Disarmament, Nonproliferation and Arms Control at the Secretariat of Foreign Affairs of Mexico. 
  • Daryl G. Kimball, ACA Executive Director (moderator)
 
Sections
Events and Remarks
Country Resources
Russia
United States
Subject Resources
Nuclear Nonproliferation
Treaties and Agreements
Author
Arms Control Association
Subscribe to