[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.

                          ____________________