ARMS SALES NOTIFICATION

ARMS SALES NOTIFICATION

Congressional Record, Volume 172 Issue 46 (Thursday, March 12, 2026) [Congressional Record Volume 172, Number 46 (Thursday, March 12, 2026)] [Senate] [Pages S1043-S1044] 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: DETERMINATION UNDER SECTiON 36(b)(1) and 36(c)(2) of the arms export control act Pursuant to section 36(b)(1) and 36(c)(2) of the Arms Export Control Act, 22 U.S.C. 2776, I hereby determine that an emergency exists that requires the immediate sale and licensing through the following foreign military sales cases and direct commercial sales case, 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: BLU-110A/B 1,000 pound General Purpose Bombs BLU-111 500 pound General Purpose Bombs GBU-39B Small Diamer Bombs 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. Marco Rubio, Secretary of State. ____ MEMORANDUM OF JUSTIFICATION FOR EMERGENCY ARMS TRANSFERS TO ISRAEL ISRAELAND LICENSING UNDER SECTION 36(b)(1) and 36(c)(2) of the arms export control act On February 28, 2026, the Israel Defense Forces (IDF) and the U.S. Armed Forces launched a broad and joint operation against the Iranian regime to remove the existential threat that it poses to the United States, Israel, the Middle East, and the world. This historic operation is a defining point in Israel's military operations and its cooperation with the United States in a fight against a destabilizing regime. Despite the combined successes of Operation Midnight Hammer and Operation Rising Lion to cripple Iran's ability to project power and terror in 2025, the Iranian regime has not abandoned its plans. In the eight months since the Twelve-Day War, the regime has restored damaged nuclear infrastructure, accelerated missile production, and continued to finance, train, and arm its proxies along Israel's borders, while at the same time combatting internal civil crisis and large- scale protests with excessive and deadly force. The combination of accelerated reconstruction of nuclear infrastructure, the ballistic missile stockpile, and the circumvention of sanctions created a new reality in the Iranian arena. These trends led to the decision to launch Operations Epic Fury and Roaring Lion, with the aim of halting the regime's attempts to reconstitute its instruments of power. In the opening 24 hours of the conflict, the Israeli Air Force, to great effect, expended more air-to- ground munitions than it did in the entirety of the 2025 Twelve-Day War, helping to cripple the regime leadership and seriously degrade its military capabilities. Despite weathering hundreds of attempted ballistic missile and drone strikes from Iran and countering a second front re-instigated by Lebanese Hizballah to the north, Israel has continued to push to degrade Iranian military capabilities for the betterment of region. On March 4, Hizballah coordinated drone and rocket with an Iranian ballistic missile wave, with the coordinated attacks targeting north and central Israel. These actions have driven the IDF to divert some of its already heavily taxed airpower, as well as call up over 100,000 reservists to reestablish a critical forward defense and address the re-opening of a second front of conflict on its northern border. Further, over the 2.5 years since Hamas' horrific attack on October 7, 2023, Israel has also faced attacks from the Houthis in Yemen and Iran-aligned militia groups in Iraq and Syria. With the commencement of Operation Roaring Lion, such threats will likely increase, and Israel remains at heightened risk of extremists in Iraq, Syria, and Yemen exploiting the conflict. Israel has the right to proactively defend itself, and the United States supports Israel taking necessary action to defend its country and protect its people from existential threats, consistent with international law and, specifically, the law of war. The Department of State and the Department of Defense are coordinating with Israeli partners to meet Israel's military requirements and ensure the country has what it needs to defend itself, its people, and U.S. citizens living, working, and traveling in Israel and the region writ large. The United States' commitment to Israel's security is ironclad, which is reflected in decades of close political- military dialogues and high-level defense policy exchanges. The historic 10-year U.S.-Israel Memorandum of Understanding (MOU), signed in 2016 with an agreement to provide Israel with $38 billion in security assistance over the course of the MOU, is a bulwark against regional threats. However, Israel requires urgent support now to ensure it is sufficiently resourced for the ongoing effort to quell the crippled but still erratic and dangerous Iranian regime, and to replenish stocks of key defense articles to maintain its Qualitative Military Edge in the region. Given the scale and scope of the ongoing regional conflict, it is in the U.S. national security interest to swiftly provide Israel with the systems it requires to defend itself and reinforce its deterrence against other regional threats. Israel has communicated an urgent requirement for air-to- ground munitions, and the urgency of Israel's requirement has been validated by the Department of Defense, in consultation with the Department of State. The immediacy of the challenge at hand requires overcoming the statutory 15-day Congressional notification timeline to expedite transfers to Israel. For the reasons cited above, an emergency exists requiring immediate provision and licensing of these defense articles to Israel, furthering the national security interest of the United States. This transfer, through foreign military sales and direct commercial sales, will provide Israel as soon as possible with defense articles that are necessary to allow it to defend itself. The Secretary of State, therefore, has certified an emergency exists under sections 36(b)(1) and 36(c)(2) of the Arms Export Control Act, 22 U.S.C. 2776, thereby waiving the Congressional review requirement of these provisions. U.S. Department of State, Washington, DC, March 11, 2026. TRANSMITTAL OF A DETERMINATION TO CONGRESS Please find enclosed a Determination and accompanying documentation from the Department of State. Title of DETERMINATION: Determination under Section 36(b)(1) and 36(c)(2) of the Arms Export Control Act. Background: Consistent with section 36(b)(1) and 36(c)(2) of the Arms Export Control Act of 1976, the Department of State wishes to inform you that the Secretary has exercised his delegated authority, as described in the enclosed Memorandum of Justification, to authorize the immediate transfer and licensing of U.S.-origin defense articles to Israel. Recipients: Speaker of the House President of the Senate Chairman, SFRC and Ranking Minority Member Chairman, HFAC and Ranking Minority Member Sincerely, Paul Guaglianone, Senior Bureau Official, Bureau of Legislative Affairs. Enclosure DEPARTMENT OF STATE TRANSMITTAL NO. 26-0O Report of Enhancement or Upgrade of Sensitivity of Technology or Capability Pursuant to Section 36(b)(5)(C) of the Arms Export Control Act (i) Prospective Purchaser: Government of Israel (ii) Sec. 36(b)(1), AECA Transmittal No.: 24-13; Date: February 7, 2025; Implementing Agency: Air Force. Funding Source: Foreign Military Financing (iii) Description: On February 7, 2025, Congress was notified by congressional certification transmittal number 24-13 of the possible sale, under Section 36(b)(1) of the Arms Export Control Act, of two thousand one hundred sixty- six (2,166) GBU-39/B Small Diameter Bombs increment 1 (SDB- I); two thousand eight hundred (2,800) MK 82 General Purpose, 500-pound bomb bodies; thirteen thousand (13,000) KMU-556E/B, or KMU-556H/B with SABR-Y, KMU-556F/B, or KMU-556J/B Joint Direct Attack Munition (JDAM) guidance kits for the MK-84 bomb body; three thousand four hundred seventy-five (3,475) KMU-557E/B, or KMU-557F/B, or KMU-557H/B with SABR-Y, or KMU- 557J/B JDAM guidance kits for the BLU-109 bomb body; one thousand four (1,004) KMU-572E/B, or KMU-572F/B, KMU-572H/B with SABR-Y, or KMU 572 J/B JDAM guidance kits for GBU-38v1; and seventeen thousand four hundred seventy-five (17,475) FMU-152A/B fuzes. The following non-MDE items were also included: FMU-139 fuzes; bomb components; munitions support and support equipment; spare parts, consumables and accessories, and repair and [[Page S1044]] return support; U.S. Government and contractor engineering, logistics, and support services; and other related elements of logistics and program support. The estimated total cost was $6.75 billion. Major defense equipment (MDE) constituted $5.61 billion of this total. This transmittal notifies the inclusion of the following MDE items: ten thousand (10,000) BLU-111 500-pound general purpose bombs. T