Regarding us arms sales. To start, we should recognize and acknowledge that the law contemplates and indeed requires a partnership between the executive branch and legislative branch regarding arms sales. This committee plays an Important Role to conduct rigorous oversight of the issue. At the same time the law does grant the President Authority to conduct sales without congressional approval in times of emergency. And focusing on that issue. This hearing will focus on these roles and authorities. We must consider the context for this latest declaration, the latest in attack on iran and its proxies and partners capabilities to defend against those threats. The arms export control act, the authority to declare an emergency concerning specific arms sales and avoid the standard process of congressional notification. Such president ial authority dates back 40 years to Lessons Learned from the october 1973 war in the middle east. The president s of both parties used emergency authorities on five previous occasions. In each case they addressed specific threats to us allies and did not alter standing process of congressional review to have a meaningful impact on congress. I expect the latest declaration to continue that pattern and serve as a review of that expectation. As with one of the previous Emergency Declarations this came in response to threats of attack from the Iranian Regime. Proxies struck commercial ships, civilian airports, desalination plants critical to civilian population and shutdown multiple us unmanned aircraft. Over the weekend iranian back forces in yemen unveiled new models of Ballistic Missiles and unmanned aerial missiles capable of striking deeper into saudi arabia. Irans threatened actions toward the us and our allies, we must respond to such threats to protect their interests, support our allies as they defend themselves. Neither this president or congress nor the American People seek war with iran. I commend the president for his restrained in facing numerous provocations. I was in the room as the president considered one of the most recent provocation that sought advice regarding that. Anyone, anyone who interprets the president s reasonable forbearance is making a grave mistake right from miscalculation and should not be mistaken. Attacking america, its interests or partners will be to a strong defensive response. Emergency declarations are useful not just for the tangible military capabilities they transferred allies and partners but equally important, the messages they convey. These particular sales come in the context of and are colored by larger challenges with our saudi partners including war in yemen, the murder of Jamal Khashoggi and other human rights issues. To address these challenges i introduced the saudi arabia diplomat repeal act and soft broad impact in all quarters on a bipartisan basis to this administration that will move us much more in the right direction. I want to thank all partners including my friends on the other side of the aisle who have been very helpful in trying to craft legislation to get us to where we want to be. I have been impressed how carefully people have waited this issue and how impressed i have been with the attempt to reach legislation that balances various aspects of this challenge. This legislation calls for a comprehensive review of the United States saudi relations as we conduct this review we must discourage iran, we must not leave saudi arabia, partners distantly need the capabilities in sales, plaited by other us training and advice and initiatives to improve their ability to minimize Collateral Damage and deter cooperation. We are here today because we are containing threats by iran. As we move for what i urge us to seek measured solutions to these difficult challenges and avoid inadvertently strengthening our adversaries or damaging our partners and allies. I believe this committee has done that and i hope we will continue to do that. I think our witnesses for joining us and look forward to hearing perspectives on these issues. With that, senator menendez. Thank you for holding this hearing to examine the appropriate role of congressional oversight on arms sales. It is important that any president and any administration, this one in particular respect congress as a coequal branch of government and execute our laws in good faith. Despite your pledge during your confirmation hearing to do just that, mister cooper, and your commitment to be transparent and forthcoming with this committee, since you began your tenure, your debarment has totally disdain for congress and the laws that govern our armed export programs. Beyond that, you have balked at the idea that you should be held accountable for your actions. On may 24th the secretary of state sent this committee 22 notifications for arms sales and transfers to saudi arabia and the United Arab Emirates totaling more than 8 billion. In a boilerplate memo the secretary argued unconvincingly that these sales, some of which the committee had already cleared were exempt from the legally required 30 days of congressional review in action claiming a sudden, quote, emergency threat from iran. This administration has been unable to explain how precisely these sales responsible supposed emergency. At no time prior to may 24th did the administration once raise these sales as necessary to respond to the threat from iran. Let me be clear. Iran has and will continue to pose a threat to us interests and allies in the region and i have and will continue to approve arms sales to allies that are in line with our law and shortterm Strategic Interests and basic us principles such as basic respect for human life but if you look at the sales it appears the administration had other motives. When pressed, rather than explain how these sales will address a supposedly imminent threat from iran, you and other Administration Officials in europe and said the sales were, quote, sustaining the Global Supply chains, preventing, quote, loss of sales to competitors, maintaining us, quote, credibility as an arms supplier. I look forward to hearing you explain today how would taking away american jobs and creating a saudi jobs program of manufacturing after 18 panels for export for aircraft the saudis dont own or operate, respond to an emergency. How would sales that would not be delivered for many many months immediately respond to an emergency . As i have been asking for more than a year, how does the sale of precision guided the same atrocious results and human suffering we have seen over the last four years respond to an emergency kick you mister cooper, you testified in a house hearing that the, quote, protracted process of congressional review was problematic for sales. Unless i misunderstood, in exercising rights as a Ranking Member of this committee is a reason you have to push through all 22 sales. The process was protracted because neither the secretary nor the department was willing or able to make a persuasive case that selling precision guided bombs to saudi and United Arab Emirates, particular arms i was holding, would improve protection of yemeni civilians at saudi airstrikes or end the uaes human rights abuse systems. Not only did the department not make a persuasive case, you made no case since last october. After Jamal Khashoggi was literally butchered on orders from the highest level of the saudi government. So mister chairman, my colleagues, secretary of states message to us is clear. Congress can review arms sales just dont take too long or ask tough questions, otherwise i will just ignore the law and cut you out of the process entirely. 3 weeks ago in bipartisan fashion the senate made clear what it thought of the secretary of states fault emergency sales by approving unprecedented 22 separate resolutions of disapproval of these sales was this Committee Approved bipartisan bill to saudi arabia to prevent similar abuses of the american system in the future. I hope the secretary of the administration appreciate the gravity of these actions and those to come. The arms sale review process under the arms export control act has operated successfully, it worked because successive administrations recognized the value in consulting with committees about any concerns, they acted in good faith. Simply put, mister cooper, you and the secretary have undermined this process. I urge you to take another look at the definition of emergency and rethink your approach to Engaging Congress and abiding by congressional oversight you claimed during your hearing you would respect. Thank you. Welcome, secretary cooper, the floor is yours. Thank you very much, mister chairman, mister ranking a member and senators. In recent days neutral shipping has been attacked for providing a deterrent against hostile actions, this transfer lowers the risk of a broader conflict. The determination reflects the United States grave concern with the growing escalation in the gulf and its implication for the security of our friends in the region. These words could precisely describe the context of the recent emergency certification. This hearing has been convened to discuss but they are from the state department announcement from 1984. Then as now, irans revolutionary government threatened International Shipping in the gulf through its proxies supported attacks on american interests in the region resulting in deaths of 241 american servicemembers in beirut, then as now our partners required the reassurance provided by an american demonstration of resolve and then as now the administration took steps to deter war, not to bring it closer. In his may 24th certification secretary mike pompeo advanced the senate arms transfers to support our partners in the current crisis. These capabilities include aircraft support, munitions, logistics services, unmanned Intelligence Surveillance and reconnaissance platforms, training and advisory services. None of these constitute introductions of fundamentally new capabilities to the region, none alter the military balance of power, none are of a nature or Category Congress has not previously reviewed and approved for these particular partners. The secretarys decision to exercise statutory authorities under the arms export control act reflects the current threat from iran as well as the persistent threat. Prior to making the certification the administration saw and briefed congress about increased threat stream from iran related to us and Partner Interests throughout the region. These troubling and escalatory indications and warnings from the Iranian Regime prompted increased Us Force Posture in the region. Events since the secretarys certification served to validate the urgent need for these sales. Iranian attacks on civilian commercial cargo ships and tankers in the sea of oman, continued attacks by the iranian backed, utilization of one particular case of a Cruise Missile against civilian commercial airports and the shootdown of us broad area maritime surveillance, unmanned aerial system in international airspace. These provocative actions mark a new evolution in the threat iran poses to the region to our partners and to our own National Security, including the security of hundreds of thousands of americans who live and work in the gulf states. In the current situation, implications in the gulf and a geostrategic level. In todays world the partnerships are vital and we must ensure our partners have the capabilities, systems, communications, intelligence and training to play their due role in maintaining the stability and security in their regions. Our adversaries recognize the importance of our partnerships, have adopted purposeful strategies trying to disrupt them at all levels including in terms of our security cooperation. For instance by seeking to replace suppliers of choice. As such the secretary certification should not be seen not only as a deterrent to iran and a reassurance to our partners, but also a rebuff to our competitors. Before closing i would like to address the specific concerns raised by this committee. Many senators, Many Americans are concerned about the use of arms we provide overseas including in the context of the human civil war. These concerns are appropriate and we share them. From the beginning of the conflict we have maintained a political solution is urgently needed and supported the un letter for wrecking toward that objective. America stand out from any foreign suppliers, the premium we place on ensuring our capabilities are not contributing to gross violations of human rights. We have worked with the Saudi Led Coalition over the course of its operations to reduce the occurrence of civilian casualties. Our support in this regard has ranged in the provision of training to mentoring and advising the coalition on best practices, on Lessons Learned and on integrating complex data into a system specifically designed to reduce casualties. We also provided higher end Legal Training and directly and regularly engaged with both military and Political Leadership on this topic and finally on the question of process, during this confirmation and my own confirmation the secretary and i did provide the congressional review process for arms sales, that commitment stand. I value deeply congresss role in arms transfers. I take pride in the depth and detail of the working relationships we have with the committees in the course of this process. The secretarys certification is not setting aside that process but it is the utilization of a longstanding Statutory Authority to respond to an urgent contingency. As such i would like to take this opportunity to affirm the value we place in our engagement with you on arms transfers and broader Security Assistance issues. Mister chairman, in 1974, president reagans emergency certification was expensive congress in these words with our decisions were imprudent yet clear response to an escalating emergency which threatened saudi arabia and the gulf. Satisfied a clear military need. In addition, we sent a political signal of reassurance and deterrence. It was a measured response which promotes regional stability and security. Mister chairman, mister Ranking Member, committee members, a political signal of reassurance and determines, a measured response which promotes regional stability and security. These are the purposes for which president reagan certified in emergency in 1984 and they are the purposes for which secretary pompeo invoked the same authority, i look forward to your questions today. Do you have current plans to invoke the emergency in the immediate or near future . Know, mister chairman. The authority has been limited, applied very judiciously, this is the fifth application was the one i cited that was the most historic relevance was 1984, the first application was 1979. It has been judiciously applied across administrations from president carter to donald trump. You made reference in your testimony to the fact that there was a possibility someone like the saudis, someone with substantial Financial Resources could turn to one of our major competitors on the globe and actually wind up in their orbit. Is there a substantial threat do you believe . It is safe to address the risk, looking for opportunities, not only in the gulf region when talking about National Security strategy and how we meet adversaries, not limited to where it is a global concern, back to the calculus on the emergency certification it was a message on several levels, the immediate what was deterrence to iran, the reassurance as noted here to these partners but also a warning, a rebuff to adversaries looking to augment or seek opportunity. Senator menendez. Would you agree an emergency usually denotes something imminent, something urgent . Yes, senator. It wouldnt refer to something a few years ago. I read this may 24th memo multiple times and i just cant seem to find where it lays out the emergency the sales address. Icy references to designations dating back to 1984, events from 2014, general instability that has been plaguing the region for years but nowhere do i see where it says what the emergency is. What is the state departments operative definition of an emergency you used for these sales . The statement you are referring to, the declaration is unclassified document and you are right to note there is context, this particular adversary and persistent threat stream as well as what proxies are capable of doing. What equates to an emergency, the threat posture of iran and what was calculated from the agency aspect, multiple tools including declaration. I dont have unlimited time. Answer my question. What is the definition of the emergency for these sales . A confluence of conditions that were assessed required several tools by the administration including increase, this Emergency Declaration and application of sanctions did equate to emergency status. None of that has changed from the present to the past. The legal Advisors Office opine what an Emergency Office is. The legal Advisors Office assured and cleared on Statutory Authority made available for the secretary Legal Advisor issue a legal opinion . Legal Advisors Office was part of the process and did they issue an opinion . Im