[Congressional Record Volume 170, Number 84 (Wednesday, May 15, 2024)]
[Senate]
[Pages S3707-S3708]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ARMS SALES NOTIFICATION
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 May 9, 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 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,
Mike Miller
(For James E. Hursch, Director).
Enclosures.
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 cases, including any further
amendments specific to the cost, quantity, or requirements of
these cases, in the national interest of the United States:
For Ukraine:
(3) High Mobility Artillery Rocket Systems (HIMARS)
This determination shall be published in the Federal
Register and, along with accompanying Memorandum of
Justification, shall be transmitted to Congress with the
applicable notifications.
Date: May 9, 2024
Antony J. Blinken,
Secretary of State.
(U) Memorandum of Justification for Emergency Arms Transfers
to Ukraine Under Section 36(b)(1) of the Arms Export
Control Act
(U) Germany desires to fund procurement of three High
Mobility Artillery Rocket Systems (HIMARS) for Ukraine from
U.S. Army inventories via a Joint Ukrainian Multinational
Program--Services, Training and Articles Rapid Timeline
(JUMPSTART) Foreign Military Sales (FMS) case. Under the
JUMPSTART program, Germany would transfer the money ($30
million) to the United States, which will then be deposited
in Ukraine's FMS account for the purchase of three HIMARS
from U.S. Army inventories.
(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 Department of
Defense's Ukraine Security Assistance Initiative and security
assistance authority under 10 U.S.C. 333, the Department of
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 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
[[Page S3708]]
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 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. One Ukraine HIMARS system has
recently been lost to enemy action, and several more are in
various states of functionality due to maintenance concerns.
Meanwhile, Russia has shown no sign of easing up on an
ongoing ground offensive into sovereign Ukrainian territory,
and numbers of Ukrainian long-range artillery systems are
reaching critical levels. The United States and its partners
are struggling to continue to supply and maintain the long-
range artillery systems at the tempo of operations demanded
by the ongoing Russian invasion. The HIMAR capability has
proven extremely effective against the ground forces Russia
is employing, and the systems are in constant use--requiring,
at this time, immediate replacement and refurbishment.
(U) It is in the United States' national security interest
to swiftly provide Ukraine with the defensive capabilities it
requires. In order to effectively do so and ensure continued
defense of its territory, Ukraine has an immediate need for
these defense articles and services for replacement of
HIMARS. This transfer will allow immediate replacement of the
destroyed HIMARS, as well as the ability to pull other HIMARS
off the front lines to perform maintenance without losing
critical firepower in the defense. 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 Department of Defense stock
and can be quickly transferred to Ukraine. The immediacy of
the challenge at hand requires overcoming the statutory 60-
day Congressional notification timeline to immediately
expedite transfers to Ukraine.
(U) For the reasons provided 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
necessary to allow it to defend itself against Russia's armed
aggression. The Secretary of State, therefore, has certified
an emergency exists under section 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. 24-59
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* $30 million.
Other $0.
Total $30 million.
Funding Source: National Funds.
(iii) Description and Quantity or Quantities of Articles or
Services under Consideration for Purchase:
Major Defense Equipment (MDE):
Three (3) High Mobility Artillery Rocket Systems (HIMARS).
Non-MDE: None.
(iv) Military Department: Army (JU-B-UAD).
(v) Prior Related Cases, if any : NB-B-VSB, NB-B-VCC, NW-B-
VIA (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: See Attached
Annex.
(viii) Date Report Delivered to Congress: May 10, 2024.
*As defined in Section 47(6) of the Arms Export Control
Act.
POLICY JUSTIFICATION
Ukraine--High Mobility Artillery Rocket Systems
The Government of Ukraine has requested to buy three (3)
High Mobility Artillery Rocket Systems (HIMARS). The
estimated total cost is $30 million, which will be funded by
another partner country on behalf of Ukraine.
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 long-range,
precision fires capabilities. Procurement of additional
HIMARS will enhance Ukraine's ability to defend itself and
respond to continued Russian aggression.
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 Ukraine.
There will be no adverse impact on U.S. defense readiness
as a result of this proposed sale.
Transmittal No. 24-59
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 M142 High Mobility Artillery Rocket System (HIMARS)
is a C-130 transportable wheeled launcher mounted on a 5-ton
Family of Medium Tactical Vehicles truck chassis. HIMARS is
the modern Army-fielded version of the Multiple Launch Rocket
System (MLRS) M270 launcher and can fire all of the MLRS
Family of Munitions (FOM), including Guided Multiple Launch
Rocket System variants and the Army Tactical Missile System.
The HIMARS can engage targets between 15 and 300 kilometers
with GPS-aided precision accuracy using the MLRS FOM.
2. The highest level of classification of defense articles,
components, and services included in this potential sale is
SECRET.
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 Ukraine can provide
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 are authorized for release and export to Ukraine.
____________________