If I understand the bolded sections of the National Security Powers Act of 2021 correctly, the President does not need Congressional approval to export ammunitions and equipment for situations in the interest of National Security
S.2391 - 117th Congress (2021-2022): National Security Powers Act of 2021
National Security Powers Act of 2021
This bill limits presidential authorities related to, and increases congressional oversight of, introducing U.S. armed forces into hostilities, arms transactions, and national emergencies.
The bill limits presidential authority to introduce U.S. forces into hostilities absent a declaration of war, specific statutory authorization, or when necessary to repel a sudden attack (or imminent threat of an attack). It also establishes procedures for the President to notify Congress of and obtain authorization for the introduction of U.S. forces into hostilities (or the risk of them). Additionally, the bill repeals laws authorizing the use of force abroad and the War Powers Resolution, which provides procedures for Congress and the President to participate in decisions to send U.S. forces into hostilities. For a treaty or other international obligation to authorize the introduction or retention of U.S. forces, Congress must specifically enact implementing legislation to that effect.
The President must seek congressional approval before entering, renewing, or extending an arms sale or related transaction
if the transaction exceeds specified dollar thresholds. This does not apply to transactions with NATO and its member countries, Australia, Japan, South Korea, Israel, New Zealand, or Taiwan.
The bill restricts presidential authorities related to national emergencies, including by limiting the period of a declared emergency to 30 days unless Congress authorizes an extension. The bill also establishes procedures for approving or disapproving an extension, requires the President to provide more detailed reports to Congress about national
emergencies, and sets out specific provisions for terminating an emergency.
SEC. 205. EMERGENCY PROCEDURES UNDER ARMS EXPORT CONTROL ACT.
Section 36 of the
Arms Export Control Act is amended by adding at the end the following:
“(j) Restriction On Emergency Authority Relating To Arms Sales Under This Act.—A determination of the President that an emergency exists requiring a proposed transfer of defense articles or defense services in the national security interests of the United States,
thus waiving the congressional review requirements pursuant to section 3 —
“(1) shall apply only if—
“(A) the President submits a determination and justification for each individual approval, letter of offer, or license for the defense articles or defense services that includes 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
“(B) the delivery of the defense articles or defense services will take place not later than 60 days after the date on which such determination is made, unless otherwise authorized by Congress; and
“(2) shall not apply in the case of defense articles or defense services that include manufacturing or co-production of the articles or services outside the United States.”.
see.
