[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.

                          ____________________