[Congressional Record Volume 169, Number 204 (Tuesday, December 12, 2023)]
[Senate]
[Pages S5915-S5916]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ARMS SALES NOTIFICATION
Mr. CARDIN. 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 that have been received.
If the cover letter references a classified annex, then such an 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,
Washington, DC.
Hon. Benjamin L. Cardin,
Chairman, Committee on Foreign Relations,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: On December 8, 2023, 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
the Government of Israel through the Foreign Military Sales
process, including any further amendment specific to costs,
quantity, or requirements occurring within the duration of
circumstances giving rise to this emergency sale.
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 (AECA), as amended. We will issue a news release
to notify the public of this proposed sale upon delivery of
this letter to your office.
Sincerely,
Mike Miller,
(for James A. Hursch, Director).
Enclosures.
unclassified
Determination Under Section 36(b)(1) of the Arms Export
Control Act
Pursuant to section 36(b)(1) of the Arms Export Control
Act, 22 U.S.C. 2776, I hereby determine that an emergency
exists that requires the immediate sale through the following
foreign military sales case, including any further amendments
specific to the cost, quantity, or requirements of these
cases, in the national security interest of the United
States:
For Israel:
120mm Tank Cartridges
This determination shall be published in the Federal
Register and, along with the accompanying Memorandum of
Justification, shall be transmitted to Congress with the
applicable notifications.
Date: 12-8-23
Antony J. Blinken,
Secretary of State.
(U) Memorandum of Justification for Emergency Arms Transfers
to Israel Under Section 36(b)(1) of the Arms Export
Control Act
(U) On October 7, Hamas launched the worst attack on Israel
since the 1973 Yom Kippur War. Thousands of rockets were
fired and continue to be fired indiscriminately, hitting
locations and civilians as far as Tel Aviv and Jerusalem.
Hamas gunmen crossed into Israel, entering towns and
communities as far as 15 miles from Gaza, slaughtering men,
women, and children. More than 230 hostages were captured and
dragged back into Gaza, including U.S. citizens. As of today,
Hamas' act of terrorism has claimed the lives of more than
1,200 in Israel, including at least 31 U.S. citizens, and
wounded thousands more. The attack is the single deadliest
day for the Jewish people since the Holocaust, and is
reminiscent of the worst rampages of ISIS. The following day,
the Government of Israel formally declared war on Hamas in
accordance with its Basic Law.
(U) Israel has the right to defend itself, and the United
States supports Israel taking necessary action to defend its
country and protect its people from Hamas terrorists,
consistent with international law and, specifically, the law
of war. Following the attack, the President directed surging
additional military assistance to the Israeli Defense Force,
to include ammunition and interceptors to replenish the Iron
Dome. The Department of State and the Department of Defense
are coordinating with Israeli partners to meet their military
requirements and ensure Israel has what it needs to defend
itself, its people, and U.S. citizens living, working, and
traveling in Israel.
(U) Israel faces further credible security threats on its
northern border with Lebanon and Syria. Since October 7,
sporadic violence has occurred across the Blue Line, which
marks the de facto boundary between Israel
[[Page S5916]]
and Lebanon, and Israel remains at immediate risk of other
parties in Lebanon or Syria exploiting Hamas' appalling
attack.
(U) The United States' commitment to Israel's security is
ironclad, which is reflected in decades of close political-
military dialogues and high-level defense policy exchanges.
The historic ten-year U.S.-Israel Memorandum of Understanding
to provide Israel with $38 billion in security assistance is
a bulwark against regional threats; however, Israel requires
urgent support to respond to the immediate threat raised by
Hamas' horrific attack, to replenish stocks of key defense
articles that maintain its Qualitative Military Edge in the
region, and to deter and guard against the threat of broad
scale regional conflict.
(U) Given the scale and scope of Hamas' offensive, it is in
the United States' national security interest to swiftly
provide Israel with the defense systems it requires to defend
itself and reinforce deterrence against other regional
threats, which we have undertaken since October 7. Israel has
communicated an urgent requirement for 120mm tank rounds. The
urgency of this requirement has been validated by the
Department of Defense in consultation with the Department of
State. We anticipate Israel will continue its military
operations in Gaza in the near-term. In order to effectively
do so and ensure it is prepared for any other attacks, it has
an immediate need for these defense articles. These 120mm
rounds are readily available in DoD stock and can be quickly
transferred to Israel. The immediacy of the challenge at hand
requires overcoming the statutory 15-day Congressional
Notification timeline to expedite transfers to Israel.
(U) For the reasons cited above, an emergency exists
requiring immediate provision of these defense articles to
Israel in the national security interest of the United
States. This transfer, through a Foreign Military Sale, will
provide Israel as soon as possible with defense articles that
are necessary to allow it to defend itself in its war with
Hamas. The Secretary of State, therefore, has certified an
emergency exists under sections 36(b)(1) of the Arms Export
Control Act, 22 U.S.C. 2776, thereby waiving the
congressional review requirement of that provision.
Transmittal No. 24-15
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 Israel.
(ii) Total Estimated Value:
Major Defense Equipment * $99.9 million.
Other $6.6 million.
Total $106.5 million.
Funding Source: Foreign Military Financing and National
Funds.
(iii) Description and Quantity or Quantities of Articles or
Services under Consideration for Purchase:
Major Defense Equipment (MDE):
Thirteen thousand nine hundred eighty-one (13,981) 120mm
M830A1 High Explosive Anti-Tank Multi-Purpose with Tracer
(MPAT) Tank Cartridges.
Non-MDE: Also included are publications and technical
documentation; U.S. Government and contractor engineering,
technical, and logistics support services; studies and
surveys; and other related elements of logistics and program
support.
(iv) Military Department: Army (IS-B-VBS).
(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: See Attached
Annex.
(viii) Date Report Delivered to Congress: December 8, 2023.
* As defined in Section 47(6) of the Arms Export Control
Act.
POLICY JUSTIFICATION
Israel--M830A1 120mm Tank Cartridges
The Government of Israel has requested to buy thirteen
thousand nine hundred eighty-one (13,981) 120mm M830A1 High
Explosive Anti-Tank Multi-Purpose with Tracer (MPAT) tank
cartridges. Also included are publications and technical
documentation; U.S. Government and contractor engineering,
technical, and logistics support services; studies and
surveys; and other related elements of logistics and program
support. The estimated total cost is $106.5 million.
The Secretary of State has determined and provided detailed
justification that an emergency exists that requires the
immediate sale to the Government of Israel 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.
The United States is committed to the security of Israel,
and it is vital to U.S. national interests to assist Israel
to develop and maintain a strong and ready self-defense
capability. This proposed sale is consistent with those
objectives.
Israel will use the enhanced capability as a deterrent to
regional threats and to strengthen its homeland defense.
Israel 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.
This will be a sale from U.S. Army inventory. There are no
known offset agreements proposed in connection with this
potential sale.
Implementation of this proposed sale will not require the
assignment of any additional U.S. Government or contractor
representatives to Israel.
There will be no adverse impact on U.S. defense readiness
as a result of this proposed sale.
Transmittal No. 24-15
Notice of Proposed Issuance of Letter of Offer Pursuant to
Section 36(b)(1) of the Arms Export Control Act
Annex Item No. vii
(vii) Sensitivity of Technology:
1. The 120mm M830A1 High Explosive Anti-Tank Multi-Purpose
with Tracer (MPAT) tank cartridge is a line-of-sight, full-
bore, multipurpose munition for the Abrams tank. It requires
the gunner to manually select the fuze mode to either point
detonate against buildings, bunkers, and light armor vehicles
or similar target sets, or proximity for anti-helicopter
self-defense capabilities.
2. The highest level of classification of defense articles,
components, and services included in this potential sale is
Controlled Unclassified Information.
3. If a technologically advanced adversary were to obtain
knowledge of the specific hardware and software elements, the
information could be used to develop countermeasures that
might reduce weapon system effectiveness or be used in the
development of a system with similar or advanced
capabilities.
4. A determination has been made that Israel will provide
substantially the same degree of protection for the sensitive
technology being released as the U.S. Government. This sale
is necessary in furtherance of the U.S. foreign policy and
national security objectives outlined in the Policy
Justification.
5. All defense articles and services listed in this
transmittal have been authorized for release and export to
the Government of Israel.
____________________