Congressional Record, Volume 171 Issue 40 (Monday, March 3, 2025)

[Congressional Record Volume 171, Number 40 (Monday, March 3, 2025)]
[Senate]
[Pages S1456-S1459]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

ARMS SALES NOTIFICATION

Mr. RISCH. 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 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. James E. Risch,
Chairman, Committee on Foreign Relations,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: On February 28, 2025, 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 transmittals 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) and 36(b)(5)(C) of
the Arms Export Control Act (AECA), as amended for the
attached lists of transmittals of proposed Letters of Offer
and Acceptance to the Government of Israel. The determination
and detailed justification are a part of each transmittal. We
will issue a news release to notify the public of this
proposed sale upon delivery of this letter to your office.
Sincerely,
Michael F. Miller,
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 which 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 Israel:
Bulldozers
Administrative Price Change to Munitions
1,000-lb Warheads and JDAM Kits
2,000-lb Warheads
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.

(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, firing thousands of rockets,
striking civilians and locations 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 taken
and dragged back into Gaza, including U.S. citizens. Hamas'
act of terrorism has claimed the lives of nearly 1,200 in
Israel, including at least 31 U.S. citizens, and wounded
thousands more. The attack was the single deadliest day for
the Jewish people since the Holocaust, and it was 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 strongly supports Israel taking necessary action to
defend its country and protect its people from Hamas
terrorists, consistent with international law,

[[Page S1457]]

including the law of war. 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 continue to defend itself, its people, and
U.S. citizens living, working, and traveling in Israel.
(U) The United States' commitment to Israel's security is
ironclad, which is reflected in decades of close political-
military dialogues and highlevel 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. Should hostilities
resume, Israel will need urgent and substantial support to
respond to the immediate threat raised by Hamas' failure to
uphold the terms of the ceasefire. Forced to respond to a
resurgent Hamas, Israel must replenish stocks of key defense
articles to fight and destroy Hamas, maintain its Qualitative
Military Edge in the region, and continue to deter broader-
scale regional conflict.
(U) it is essential to the United States' national security
interest to swiftly provide Israel with the military
equipment and arms required to defend itself and reinforce
deterrence against other significant regional threats. These
threats are very likely to increase should hostilities
resume. Israel has communicated an urgent requirement for
air-to-ground munitions and D9 bulldozers. The urgency of
Israel's requirement has been validated by the Department of
Defense in consultation with the Department of State. Should
hostilities resume, we anticipate Israel will recommence 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 urgent and ongoing need for these defense
articles. The immediacy of the challenge at hand requires
overcoming the statutory 15-day Congressional Notification
timeline to expedite transfers to Israel.
(U) Further, over the 15 months between Hamas' October 7
attack and implementation of the ceasefire, Israel has faced
attacks from Hizballah in Lebanon, the Houthis in Yemen,
Iranian Aligned Militia Groups in Iraq and Syria, and two
direct ballistic attacks from Iran. With the resumption of
hostilities, such threats will likely increase and Israel
remains at urgent risk of extremists in Lebanon, Iraq, Syria,
and Yemen exploiting the resumption of hostilities.
(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. These transfers, through Foreign Military Sales, will
provide Israel as soon as possible with defense articles that
are necessary to allow it to defend itself in its war with
Hamas as well as sending a strong, unwavering message that
the United States will stand by and support Israel as it
continues its fight against Hamas and other regional threats.
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. 24-38

Notice of Proposed Issuance of Letter of Offer Pursuant to
Section 36(b)(1) of the Arms Export Control Act
(i) Prospective Purchaser: Government of Israel.
(ii) Total Estimated Value:
Major Defense Equipment ^* $0.
Other $295 million.
Total $295 million.
Funding Source: Foreign Military Financing.
(iii) Description and Quantity or Quantities of Articles or
Services under Consideration for Purchase:
Major Defense Equipment (MDE): None.
Non-MDE: D9R and D9T Caterpillar bulldozers; spare and
repair parts; corrosion protection; publications and
technical documentation; pre-delivery inspections; U.S.
Government and contractor support; technical and logistics
support services; storage; and other related elements of
logistics and program support.
(iv) Military Department: Army (IS-B-ZZX).
(v) Prior Related Cases, if any: IS-B-ZEU; IS-B-ZLT; IS-B-
ZYS.
(vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed
to be Paid: None known at this time.
(vii) Sensitivity of Technology Contained in the Defense
Article or Defense Services Proposed to be Sold: None.
(viii) Date Report Delivered to Congress: February 28,
2025.
^*As defined in Section 47(6) of the Arms Export
Control Act.

POLICY JUSTIFICATION

Israel--Caterpillar D9 Bulldozers

The Government of Israel has requested to buy D9R and D9T
Caterpillar bulldozers; spare and repair parts; corrosion
protection; publications and technical documentation; pre-
delivery inspections; U.S. Government and contractor support;
technical and logistics support services; storage; and other
related elements of logistics and program support. The
estimated total cost is $295 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.
The proposed sale will improve Israel's capability to meet
current and future threats by improving the ability of the
Israeli Ground Forces to defend Israel's borders, vital
infrastructure, and population centers. 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.
The principal contractor will be Caterpillar Inc., located
in Irving, TX. At this time, the U.S. Government is not aware
of any offset agreement proposed in connection with this
potential sale. Any offset agreement will be defined in
negotiations between the purchaser and the contractor.
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. 25-0C

Report of Enhancement or Upgrade of Sensitivity of Technology
or Capability (Sec. 36(b)(5)(C), AECA)
(i) Purchaser: Government of Israel.
(ii) Sec. 36(b)(1), AECA Transmittal No.: 12-69; Date:
December 14, 2012; Implementing Agency: Air Force.
Funding Source: Foreign Military Financing.
(iii) Description: On December 14, 2012, Congress was
notified by congressional certification transmittal number
12-69 of the possible sale, under Section 36(b)(1) of the
Arms Export Control Act, of 6,900 Joint Direct Attack
Munitions (JDAM) tail kits (which include 3,450 JDAM Anti-Jam
KMU-556 (GBU-31) for MK-84 warheads; 1,725 KMU-557 (GBU-31)
for BLU-109 warheads and 1,725 KMU-572 (GBU-38) for MK-82
warheads); 3,450 MK-84 2000 lb General Purpose Bombs; 1,725
MK-82 500 lb General Purpose Bombs; 1,725 BLU-109 Bombs;
3,450 GBU-39 Small Diameter Bombs; 11,500 FMU-139 Fuses;
11,500 FMU-143 Fuses; and 11,500 FMU-152 Fuses. Also included
were spare and repair parts, support equipment, personnel
training and training equipment, publications and technical
documentation, U.S. Government and contractor engineering and
technical support, and other related elements of program
support. The estimated total cost was $647 million. Major
Defense Equipment (MDE) constituted $466 million of this
total.
On November 29, 2017, Congress was notified by
congressional certification transmittal number 0S-17 of the
supplemented description of JDAM tail kit component KMU-556
(GBU-31) for MK-84 warheads, KMU-557 (GBU-31) for BLU-109
warheads and KMU-572 (GBU-38) for MK-82 warheads as either C/
B or E/B variants (MDE items). The supplementation of this
information did not result in a change to the estimated MDE
cost of $466 million. The estimated total case value remained
at $647 million.
This transmittal notifies an increase in MDE value by $624
million and non-MDE value by $269 million, due to recent cost
increases. There are no additional MDE or non-MDE items being
reported with this notification. The estimated total case
value will increase by $893 million to $1.54 billion. MDE
will constitute $1.09 billion of this total.
(iv) Significance: Recent cost increases have brought about
the need to add value to the original notification. The
proposed value increase will improve Israel's capability to
meet current and future threats.
(v) Justification: The Secretary of State has determined
and certified that an emergency exists that requires the
immediate sale to Israel of the above defense articles and
defense services in the national security interests of the
United States, thereby waving 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 of the United States by
improving the security of a strategic regional partner that
is a force for political and economic stability in the Middle
East.
(vi) Sensitivity of Technology:
The Sensitivity of Technology Statement contained in the
original notification applies to items reported here.
The highest level of classification of defense articles,
components, and services included in this potential sale is
SECRET.
(vii) Date Report Delivered to Congress: February 28, 2025.

Transmittal No. 25-26

[[Page S1458]]

Major Defense Equipment (MDE):
Two hundred one (201) MK 83 MOD 4/MOD 5 General Purpose
1,000-pound bomb bodies.
Four thousand seven hundred ninety-nine (4,799) BLU-110A/B
General Purpose 1,000-pound bomb bodies.
One thousand five hundred (1,500) KMU-559C/B Joint Direct
Attack Munition (JDAM) guidance kits for the MK 83 bomb body.
Three thousand five hundred (3,500) KMU-559J/B JDAM
guidance kits for the MK 83 bomb body.
Non-Major Defense Equipment: The following non-MDE items
will also be included: U.S. Government and contractor
engineering, logistics, and technical support services; and
other related elements of logistics and program support.
(iv) Military Department: Navy (IS-P-AVH), Air Force (IS-D-
AFK).
(v) Prior Related Cases, if any: None.
(vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed
to be Paid: None known at this time.
(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: February 28,
2025.
*As defined in Section 47(6) of the Arms Export Control
Act.

POLICY JUSTIFICATION

Israel--Munitions, Guidance Kits, and Munitions Support

The Government of Israel has requested to buy two hundred
one (201) MK 83 MOD 4/MOD 5 General Purpose 1,000-pound bomb
bodies; four thousand seven hundred ninety-nine (4,799) BLU-
110A/B General Purpose 1,000-pound bomb bodies; one thousand
five hundred (1,500) KMU-559C/B Joint Direct Attack Munition
(JDAM) guidance kits for the MK 83 bomb body; three thousand
five hundred (3,500) KMU-559J/B JDAM guidance kits for the MK
83 bomb body. The following non-MDE items will also be
included: U.S. Government and contractor engineering,
logistics, and technical support services; and other related
elements of logistics and program support. The estimated
total cost is $675.7 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.
The proposed sale improves Israel's capability to meet
current and future threats, strengthen its homeland defense,
and serves as a deterrent to regional threats. Israel already
has these weapons in its inventory and 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.
The principal contractors will be Repkon USA, located in
Tampa, FL; and The Boeing Company, located in St. Charles,
MO. At this time, the U.S. Government is not aware of any
offset agreement proposed in connection with this potential
sale. Any offset agreement will be defined in negotiations
between the purchaser and the contractor.
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. 25-26

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 MK 83 MOD 4 and MK 83 MOD 5 are general purpose
1,000-pound bombs used by the United States Navy, Marine
Corps, and Air Force, as well as foreign partners. The MK 83
series is used for unguided delivery in either low or high
drag mode, or guided delivery when a guidance kit is
attached. It is designed for soft, fragment-sensitive targets
and is not intended for hard targets or penetrations.
2. The BLU-110 A/B is a general purpose 1,000-pound bomb
used by the United States Navy, Marine Corps, and Air Force,
as well as foreign partners. The BLU-110 series is a 1,000-
pound warhead used for unguided delivery in either low or
high drag mode, or guided delivery when a guidance kit is
attached. It is designed for soft, fragment-sensitive targets
and is not intended for hard targets or penetrations.
3. KMU-559 Joint Direct-Attack Munitions (JDAM) tail kits
contain an Inertial Navigation System (INS)/Global
Positioning System (GPS) (using either Selective Availability
AntiSpoofing Module (SAASM) or M-code) guidance capability
that converts unguided free-fall bombs into accurate, adverse
weather ``smart'' munitions. The KMU-559 tail kit is paired
with a MK 83 class warhead to build a GBU-32 JDAM. The JDAM
weapon can be delivered from modest standoff ranges at high
or low altitudes against a variety of land and surface
targets during the day or night. The JDAM can receive target
coordinates via preplanned mission data from the delivery
aircraft, by onboard aircraft sensors (e.g., forward-looking
infrared, radar, etc.) during captive carry, or from a third-
party source via manual or automated aircrew cockpit entry.
4. The highest level of classification of defense articles,
components, and services included in this potential sale is
UNCLASSIFIED.
5 . 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 system effectiveness or be used in the
development of a system with similar or advanced
capabilities.
6. A determination has been made that Israel can 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.
7. All defense articles and services listed in this
transmittal have been authorized for release and export to
the Government of Israel.
____

Transmittal No. 25-34

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 * $1.90 billion.
Other $.14 billion.
Total $2.04 billion.
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):
Thirty-five thousand five hundred twenty-nine (35,529) MK
84 or BLU-117 General Purpose (GP) bomb bodies, or a
combination of both.
Four thousand (4,000) I-2000 Penetrator warheads.
Non-MDE: The following non-MDE items will also be included:
spare parts, consumables, accessories, and repair and return
support; transportation support; U.S. Government and
contractor engineering, technical, and logistics support
services; and other related elements of logistics and program
support.
(iv) Military Department: Air Force (IS-D-ADC, IS-D-AHA).
(v) Prior Related Cases, if any: IS-D-ABX, IS-D-ACA, IS-D-
QFZ.
(vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed
to be Paid: None known at this time.
(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: February 28,
2025.
* As defined in Section 47(6) of the Arms Export Control
Act.

POLICY JUSTIFICATION

Israel--Munitions and Munitions Support

The Government of Israel has requested to buy thirty-five
thousand five hundred twenty-nine (35,529) MK 84 or BLU-117
General Purpose (GP) bomb bodies, or a combination of both;
and four thousand (4,000) I-2000 Penetrator warheads. The
following non-MDE items will also be included: spare parts,
consumables, accessories, and repair and return support;
transportation support; U.S. Government and contractor
engineering, technical, and logistics support services; and
other related elements of logistics and program support. The
estimated total cost is $2.04 billion.
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.
The proposed sale will improve Israel's capability to meet
current and future threats, strengthen its homeland defense,
and serve as a deterrent to regional threats. 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.
The prime contractors will be General Dynamics, located in
Garland, TX; Ellwood National Forge Company, located in
Irvine, PA; and McAlester Army Ammunition Plant, located in
McAlester, OK. There is a possibility that a portion of this
procurement will come from U.S. stock. At this time, the U.S.
Government is not aware of any offset agreement proposed in
connection with this potential sale. Any offset agreement
will be defined in negotiations between the purchaser and the
contractor.
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.

[[Page S1459]]

Transmittal No. 25-34

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 MK 84 General Purpose (GP) bomb is a 2,000-pound,
free-fall, unguided, low-drag weapon. The MK-84 is designed
for soft, fragment sensitive targets and is not intended for
hard targets or penetrations. The explosive filling is
usually tritonal, though other compositions have sometimes
been used.
2. The BLU-109 bomb is a 2,000-pound, free-fall, unguided,
low-drag, hard target penetration warhead designed to
penetrate hardened structures before detonating.
3. The BLU-117 GP bomb is a 2,000-pound, free-fall,
unguided, high and low-drag weapon equivalent to the MK-84
but slightly differs in explosive filler or manufacturer
details.
4. The highest level of classification of defense articles,
components, and services included in this potential sale is
SECRET.
5. 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 system effectiveness or be used in the
development of a system with similar or advanced
capabilities.
6. A determination has been made that Israel can 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.
7. All defense articles and services listed in this
transmittal have been authorized for release and export to
the Government of Israel.

____________________