[Congressional Record Volume 170, Number 65 (Monday, April 15, 2024)]
[Senate]
[Pages S2736-S2737]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        ARMS SALES NOTIFICATIONS

  Mr. CARDIN. Madam 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 still 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 April 8, 2024, the Secretary of 
     State, pursuant to section 36(b) of the Arms Export Control 
     Act (AECA), 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 Ukraine 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, 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,
                                                  James A. Hursch,
                                                         Director.
       Enclosures.

                       Sensitive But Unclassified

 (To be downgraded to UNCLASSIFIED following approval by the Secretary)

  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, 1 hereby determine that an emergency 
     exists that requires the immediate sale through the following 
     foreign military sales cases, including any further 
     amendments specific to the cost, quantity, or requirements of 
     these cases, in the national security interest of the United 
     States:
       For Ukraine: HAWK Phase III Missile System Sustainment.
       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.
                                                Antony J. Blinken,
     Secretary of State.
                                  ____


                              Unclassified

(U) Memorandum of Justification for Emergency Arms Transfers to Ukraine 
         Under Section 36(b)(1) of the Arms Export Control Act

       (U) In the early morning of February 24, 2022, Russia 
     launched a full scale, unprovoked, premeditated war against 
     Ukraine, consistent with months of critical U.S. intelligence 
     that had indicated that a major renewed invasion of Ukraine 
     by Russia was imminent. This renewed invasion came after 
     Russia conducted disruptive cyber operations against 
     Ukrainian systems, Russian President Putin's purported 
     recognition on February 21, 2022, of the so called ``Luhansk 
     People's Republic'' and ``Donetsk People's Republic'' as 
     independent states, and the Kremlin's subsequent deployment 
     of Russia's military forces further into the Donbas. On 
     February 24, 2022, President Putin announced a ``special 
     military operation'' in Ukraine, and Russia's forces launched 
     premeditated, unprovoked, and unjustified attacks against 
     locations throughout Ukraine, in a full-scale invasion.
       (U) Over the last nine years since Russia's initial 
     incursion into Ukraine, the U.S. government has provided 
     robust levels of defense support to Ukraine to help counter 
     Russia's aggressive and destabilizing activities. Ukraine has 
     also increasingly purchased U.S. military equipment using its 
     national funds.
       (U) Since Russia's initial invasion of Ukraine in 2014, the 
     United States has provided over $47 billion in security 
     assistance to Ukraine, including through the DoD's Ukraine 
     Security Assistance Initiative,

[[Page S2737]]

     DoD's security assistance authority under 10 U.S.C. 333, 
     State's Foreign Military Financing program, and previous 
     presidential drawdowns. Through these programs, the United 
     States has provided and is providing Ukraine with military 
     equipment such as Stinger air defense missiles, Javelin anti-
     armor missile systems, armed patrol boats, grenade launchers, 
     counter-artillery and counter mortar radars, military medical 
     equipment, electronic warfare detection systems, tactical 
     gear, and support for ongoing training programs. On 44 
     previous occasions since September 2021, drawdowns were 
     directed under sections 506(a)(1) and 552(c)(2) of the FAA 
     for a total of $23.785 billion in assistance for Ukraine 
     (including a total of $896 million directed in conjunction 
     with section 614 of the FAA during FY 2022 and FY 2023). The 
     principal equipment delivered under these drawdowns for 
     Ukraine included High Mobility Artillery Rocket Systems 
     (HIMARS), Stinger air-defense missiles, munitions for the 
     National Advanced Surface-to-Air Missile Systems (NASAMS), 
     high-speed anti-radiation missiles (HARMs), Javelin anti-
     armor missiles, command launch units, M18A1 Claymore anti-
     personnel munitions (configured to be compliant with the 
     Ottawa Convention), first aid kits, artillery and ammunition, 
     helicopters, unmanned aerial systems, machine guns, tactical 
     gear, night vision devices, personal protective equipment, 
     spare parts, and various calibers of ammunition.
       (U) Although U.S. security assistance has improved 
     Ukraine's overall defense posture and capabilities, Ukraine 
     requires urgent support to enable it to continue resisting 
     and repelling Russia's ongoing invasion. The U.S. multi-year 
     security assistance effort is designed to help Ukraine build 
     a sustainable defense capacity over the long term, while 
     defense articles provided through this emergency arms 
     transfers under Section 36(b)(1) of the Arms Export Control 
     Act would address its most pressing defense needs in response 
     to Russia's aggression.
       (U) In the midst of the ongoing conflict, a critical need 
     has surfaced requiring the immediate transfer of these 
     defense articles in order for Ukraine to maintain its ability 
     to prevent Russian gains. Russia has shown no sign of easing 
     air attacks against Ukrainian targets and Ukrainian stocks of 
     air defense munitions are reaching critical levels. 
     Meanwhile, the United States and its partners are struggling 
     to continue to provide air defense systems at the rate needed 
     by Ukrainian forces, especially if there are any delays in 
     the transfer process. The HAWK system has proven extremely 
     effective against the types of offensive air munitions that 
     Russia is employing and the systems are in constant use--
     requiring, at this time, immediate and thorough 
     refurbishment, refit, or replacement.
       (U) It is in the United States' national security interest 
     to swiftly provide Ukraine with the defense systems it 
     requires to defend itself. In order to effectively do so and 
     ensure it is prepared for any other attacks, it has an 
     immediate need for these defense articles and services for 
     sustainment, refurbishment, overhaul, and integration of the 
     HAWK Phase III Missile System. The urgency of this 
     requirement has been validated by the Department of Defense 
     in consultation with the Department of State. These items and 
     services are readily available in DoD stock and can be 
     quickly transferred to Ukraine. The immediacy of the 
     challenge at hand requires overcoming the statutory 30-day 
     Congressional Notification timeline to immediately expedite 
     transfers to Ukraine.
       (U) For the reasons cited above, an emergency exists 
     requiring immediate provision of these defense articles to 
     Ukraine in the national security interest of the United 
     States. This transfer, through a Foreign Military Sale, will 
     provide Ukraine as soon as possible with defense articles 
     that are necessary to allow it to defend itself in its war 
     with Russia. 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. 24-53

     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.
       Other $138 million.
       Total $138 million.
       Funding Source: Foreign Military Financing.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase: The Government of 
     Ukraine has requested to buy sustainment-related articles and 
     services for the HAWK Phase III missile system, including:
       Major Defense Equipment (MDE): None.
       Non-MDE: Engineering and integration for communications and 
     interoperability; refurbishment and system overhaul of HAWK 
     air defense fire units; missile recertification components; 
     tool kits; test equipment; support equipment; technical 
     documentation; spare parts; training; U.S. Government and 
     contractor technical and field office support; and other 
     related elements of logistics and program support.
       (iv) Military Department: Army (UP-B-UCX).
       (v) Prior Related Cases, if any: NX-B-VGA, NW-B-WTD (USAI 
     Cases).
       (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 9, 2024.
       * as defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

           Ukraine--HAWK Phase III Missile System Sustainment

       The Government of Ukraine has requested to buy sustainment-
     related articles and services for the HAWK Phase III missile 
     system, including engineering and integration for 
     communications and interoperability; refurbishment and system 
     overhaul of HAWK air defense fire units; missile 
     recertification components; tool kits; test equipment; 
     support equipment; technical documentation; spare parts; 
     training; U.S. Government and contractor technical and field 
     office support; and other related elements of logistics and 
     program support. The estimated total cost is $138 million.
       The Secretary of State has determined and provided detailed 
     justification that an emergency exists that requires the 
     immediate sale to the Government of Ukraine of the above 
     defense articles and 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.
       Ukraine has an urgent need to increase its capabilities to 
     defend against Russian missile strikes and the aerial 
     capabilities of Russian forces. Maintaining and sustaining 
     the HAWK missile system will enhance Ukraine's ability to 
     defend its people and protect critical national 
     infrastructure.
       The proposed sale of this equipment and support will not 
     alter the basic military balance in the region.
       The principal contractors will be RTX Corporation, located 
     in Andover, MA, and PROJECTXYZ, located in Huntsville, AL. 
     Equipment will be supplied from a combination of U.S. Army 
     stock, country donations, Commercial Off-the-Shelf (COTS), 
     and new production. There are no known offset agreements 
     proposed in connection with this potential sale.
       Implementation of this proposed sale will require temporary 
     duty travel of an estimated 5 U.S. Government and 15 
     contractor representatives to Europe to support HAWK system 
     training and sustainment.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.

                          ____________________