[Congressional Record Volume 168, Number 67 (Monday, April 25, 2022)]
[Senate]
[Pages S2127-S2128]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        ARMS SALES NOTIFICATION

  Mr. MENENDEZ. Mr. President, section 36(b) of the Arms Export Control 
Act requires that Congress receive prior notification of certain 
proposed arms sales as defined by that statute. Upon such notification, 
the Congress has 30 calendar days during which the sale may be 
reviewed. The provision stipulates that, in the Senate, the 
notification of proposed sales shall be sent to the chairman of the 
Senate Foreign Relations Committee.
  In keeping with the committee's intention to see that relevant 
information is available to the full Senate, I ask unanimous consent to 
have printed in the Record the notifications which have been received. 
If the cover letter references a classified annex, then such annex is 
available to all Senators in the office of the Foreign Relations 
Committee, room SD-423.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                  Defense Security


                                           Cooperation Agency,

                                                    Arlington, VA.
     Hon. Robert Menendez,
     Chairman, Committee on Foreign Relations,
     U.S. Senate, Washington, DC.
       Dear Mr. Chairman: On April 23, 2022, the Secretary of 
     State, pursuant to section 36(b) of the Arms Export Control 
     Act, as amended, determined that an emergency exists which 
     requires the immediate sale of the defense articles and 
     defense services identified in the attached transmittal to 
     Ukraine through the Foreign Military Sales process. Ukraine's 
     military forces require urgent support to enable them to 
     resist the ongoing Russian invasion. Ukraine has identified a 
     number of urgent needs to support its effort to repel the 
     invasion, including ammunition. Immediate delivery of 
     ammunition will help Ukraine in its continuing battle against 
     Russian ground forces. It is in U.S. national security 
     interests to facilitate these transfers in support of 
     Ukraine's defense of its territory.
       Please find attached (Tab 1) the Secretary of State 
     Determination and Justification waiving the Congressional 
     review requirements under Section 36(b)(1) of the Arms Export 
     Control Act, as amended, for the attached Transmittal of the 
     proposed Letter of Offer and Acceptance to the Ukraine for 
     defense articles and services pursuant to the notification 
     requirements of Section 36(b)(1) of the Arms Export Control 
     Act (AECA), as amended. The determination and detailed 
     justification are a part of the Transmittal. After this 
     letter is delivered to your office, we plan to issue a news 
     release to notify the public of the proposed sale.
           Sincerely,
                                                  James A. Hursch,
                                                         Director.
       Enclosures.


 DETERMINATION UNDER SECTION 3 6(b)(1) OF THE ARMS EXPORT CONTROL ACT, 
                          22 U.S.C. 2776(b)(1)

       Pursuant to section 36(b)(1) of the Arms Export Control 
     Act, 22 U.S.C. 2776, I hereby determine that an emergency 
     exists which requires the immediate sale of the following 
     defense articles and services in the national security 
     interest of the United States:
       Various rounds of non-standard ammunition to include, but 
     not limited to, the following:
       152mm rounds for 2A36 Giatsint.
       152mm rounds for D-20 cannons.
       VOG-17 for automatic grenade launcher AGS-17.
       120mm mortar rounds (non-NATO).
       122mm rounds for 2S1 Gvozdika; BM-21 GRAD Rockets.
       300mm rounds/rockets for MLRS ``Smerch''.
       VOG-25 grenades for under barrel grenade launcher GP-25.
       82mm mortar rounds.
       125mm HE ammunition for T-72.
       152mm rounds for 2A65 Msta.
       Transportation.
       Logistical and program support.

       This determination, along with the accompanying Memorandum 
     of Justification, shall be transmitted to Congress with the 
     applicable notifications.


MEMORANDUM OF JUSTIFICATION FOR THE EMERGENCY AUTHORIZATION OF THE SALE 
  OF NON-STANDARD AMMUNITION TO UKRAINE UNDER SECTION 36(b)(1) OF THE 
                        ARMS EXPORT CONTROL ACT

       The Secretary of State has executed his delegated authority 
     to determine that an emergency exists requiring the sale of 
     non-standard ammunition to the Government of Ukraine in the 
     national security interest of the United States and the 
     immediate issuance of the associated letter of offer.
       In the early morning of February 24, Russia launched a 
     full-scale, premeditated attack against Ukraine. Russia's 
     massive military force buildup (with over 150,000 soldiers 
     and equipment along the Russia-Ukraine and Belarus-Ukraine 
     borders) enabled it to invade Ukraine with devastating 
     consequences. This incursion came after Russia's cyber 
     operations attacks against Ukrainian government 
     infrastructure, Russian President Putin's purported 
     recognition on February 21 of the so-called ``Luhansk 
     People's Republic'' and ``Donetsk People's Republic'' as 
     independent states, and the Kremlin's subsequent deployment 
     of Russian military forces into the Donbas. On February 24, 
     President Putin announced a ``special military operation'' in 
     Ukraine, and Russian forces launched premediated, unprovoked, 
     and unjustified attacks against locations throughout Ukraine, 
     including civilian infrastructure, in a full-scale invasion.
       Over the last eight years, the U.S. government has provided 
     robust levels of defense support to Ukraine to help counter 
     Russia's aggressive and destabilizing activities. Ukraine 
     also has increasingly purchased U.S. military equipment using 
     national funds. Since the beginning of the conflict in 2014, 
     the United States has provided more than $6 billion in 
     security assistance to Ukraine, including through the 
     Department of Defense's (DoD) Ukraine Security Assistance 
     Initiative (USAI), DoD's security assistance authority under 
     10 U.S.C. 333, State's foreign military financing (FMF) 
     program, and presidential drawdowns. Through these programs, 
     which accelerated in the immediate lead-up to and following 
     the February 24 all-out Russian attack, the United States has 
     provided and is providing Ukraine with military equipment 
     such as anti-armor missile systems, man-portable air defense 
     systems, unmanned aerial systems, patrol boats, helicopters, 
     artillery, grenade launchers, counter-artillery and counter-
     mortar radars, military medical equipment, electronic warfare 
     detection systems, tactical gear, ammunition, and support for 
     ongoing training programs.
       Although U.S. security assistance has improved Ukraine's 
     overall defense posture and capabilities, Ukraine's military 
     forces require urgent additional support to enable them to 
     continue to defend against the ongoing Russian invasion. 
     There is an urgent and pressing need to provide nonstandard 
     ammunition to Ukraine's military forces, which is essential 
     to enable those forces to repel Russian advances into their 
     territory--particularly a renewed offensive in the east and 
     south. As Ukrainian forces expend ammunition to defend their 
     country, their daily replenishment requirements continue to 
     increase. With critically low stores of ammunition for their 
     fielded systems, we must act immediately to provide the 
     required ammunition to sustain Ukraine in this conflict. The 
     sale of this ammunition is expected to be funded from FMF for 
     Ukraine.
       For the reasons discussed above, an emergency exists which 
     requires this sale under the Arms Export Control Act, in the 
     national security interest of the United States and the 
     immediate issuance of the associated letter of offer.


                         Transmittal No. 22-30

     Notice of Proposed Issuance of Letter of Offer Pursuant to 
         Section 36(b)(1) of the Arms Export Control Act, as 
         amended
       (i) Prospective Purchaser: Government of Ukraine.
       (ii) Total Estimated Value:
       Major Defense Equipment* $0 million.
       Other $165 million.
       Total $165 million.
       Funding Source: Foreign Military Financing.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE): None.
       Non-MDE: Various rounds of non-standard ammunition to 
     include, but not limited to, the following: 152mm rounds for 
     2A36 Giatsint; 152mm rounds for D-20 cannons; VOG-17 for 
     automatic grenade launcher AGS-17; 120mm mortar rounds (non-
     NATO); 122mm rounds for 2Sl Gvozdika; BM-21 GRAD Rockets; 
     300mm rounds/rockets for MLRS ``Smerch;'' VOG-25 grenades for 
     under barrel grenade launcher GP-25; 82mm mortar rounds; 
     125mm HE ammunition for T-72; 152mm rounds for 2A65 Msta; 
     transportation; and other related elements of logistical and 
     program support.
       (iv) Military Department: Army (UP-B-UCS).
       (v) Prior Related Cases, if any: None.
       (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed 
     to be Paid: None.
       (vii) Sensitivity of Technology Contained in the Defense 
     Article or Defense Services Proposed to be Sold: None.
       (viii) Date Report Delivered to Congress: April 24, 2022.

[[Page S2128]]

       *As defined in Section 47(6) of the Arms Export 
     Control Act.


                          POLICY JUSTIFICATION

                    Ukraine--Non-Standard Ammunition

       The Government of Ukraine has requested to buy various 
     rounds of non-standard ammunition to include, but not limited 
     to, the following: 152mm rounds for 2A36 Giatsint; 152mm 
     rounds for D-20 cannons; VOG-17 for automatic grenade 
     launcher AGS-17; 120mm mortar rounds (non-NATO); 122mm rounds 
     for 2Sl Gvozdika; BM-21 GRAD Rockets; 300mm rounds/rockets 
     for MLRS ``Smerch;'' VOG-25 grenades for under barrel grenade 
     launcher GP-25; 82mm mortar rounds; 125mm HE ammunition for 
     T-72; 152mm rounds for 2A65 Msta; transportation; and other 
     related elements of logistical and program support. The total 
     estimated program cost is $165 million.
       The Secretary of State has determined and provided detailed 
     justification that an emergency exists that requires the 
     immediate sale to Ukraine of the above defense articles (and 
     defense services) in the national security interests of the 
     United States, thereby waiving the Congressional review 
     requirements under Section 36(b) of the Arms Export Control 
     Act, as amended.
       This proposed sale will support the foreign policy goals 
     and national security objectives of the United States by 
     improving the security of a partner country that is a force 
     for political stability and economic progress in Europe.
       The proposed sale will improve Ukraine's capability to meet 
     current and future threats by maintaining the operational 
     readiness of its forces. The provision of non-standard and 
     legacy Warsaw Pact ammunition will enable the Armed Forces 
     Ukraine to defend itself against ongoing threats and enhance 
     national defense. Ukraine already has these items, or 
     variants thereof, in its inventory and will have no 
     difficulty absorbing this equipment into its armed forces.
       The proposed sale of this equipment and support will not 
     alter the basic military balance in the region.
       The prime contractor(s) will be selected upon contract 
     award.
       Implementation of this proposed sale will not require the 
     assignment of any additional U.S. Government or contractor 
     representatives to Ukraine.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.

                          ____________________