Arms Sales Notification
Floor Speech
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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.
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, 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 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 * $557.5 million.
Other $118.2 million.
Total $675.7 million.
Funding Source: Foreign Military Financing.
(iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase:
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. 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.
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