[Congressional Record Volume 165, Number 110 (Friday, June 28, 2019)]
[Senate]
[Pages S4670-S4671]
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

[[Page S4671]]

the chairman of the Senate Foreign Relations Committee.
  In keeping with the committee's intention to see that relevant 
information is available to the full Senate, I ask unanimous consent to 
have printed in the Record the notifications which have been received. 
If the cover letter references a classified annex, then such 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,

                                                    Arlington, VA.
     Hon. James E. Risch,
     Chairman, Committee on Foreign Relations,
     U.S. Senate, Washington, DC.
       Dear Mr. Chairman: Pursuant to the reporting requirements 
     of Section 36(b)(1) of the Arms Export Control Act, as 
     amended, we are forwarding herewith Transmittal No. 19-24 
     concerning the Navy's proposed Letter(s) of Offer and 
     Acceptance to the Government of Germany, through the NATO 
     Support and Procurement Agency (NSPA) acting as its Agent, 
     for defense articles and services estimated to cost $122.86 
     million. After this letter is delivered to your office, we 
     plan to issue a news release to notify the public of this 
     proposed sale.
           Sincerely,
                                                Charles W. Hooper,
                                Lieutenant General, USA, Director.
       Enclosures.


                         Transmittal No. 19-24

     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: The Government of Germany 
     through the NATO Support and Procurement Agency (NSPA) acting 
     as its Agent.
       (ii) Total Estimated Value:
       Major Defense Equipment * $105.23 million.
       Other $17.63 million.
       Total $122.86 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Up to ninety-one (91) AGM-88E Advanced Anti-Radiation 
     Guided Missile (AARGM) Tactical Missiles.
       Up to eight (8) AGM-88E AARGM Captive Air Training Missiles 
     (CATM).
       Non-MDE: Also included are up to six (6) telemetry/flight 
     termination systems, Flight Data Recorders (FDR), U.S. 
     Government and contractor engineering, technical and 
     logistics support services and miscellaneous support 
     equipment, and other related elements of logistical and 
     program support.
       (iv) Military Department: Navy.
       (v) Prior Related Cases, if any: GY-P-GLC, GY-P-GLO, GY-P-
     GPN, GY-P-ALB.
       (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 Annex 
     Attached.
       (viii) Date Report Delivered to Congress: June 28, 2019.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

                    Germany--AGM-88E AARGM Missiles

       The Government of Germany has requested to buy, through the 
     NATO Support and Procurement Agency (NSPA) acting as its 
     Agent, up to ninety-one (91) AGM-88E Advanced Anti-Radiation 
     Guided Missile (AARGM) Tactical Missiles, and up to eight (8) 
     AGM-88E AARGM Captive Air Training Missiles (CATM). Also 
     included are up to six (6) telemetry/flight termination 
     systems, Flight Data Recorders (FDR), U.S. Government and 
     contractor engineering, technical and logistics support 
     services and miscellaneous support equipment, and other 
     related elements of logistical and program support. The total 
     estimated cost is $122.86 million.
       This proposed sale will support the foreign policy and 
     national security of the United States by helping to improve 
     the security of a NATO ally, which is an important force for 
     political and economic stability in Europe. It is vital to 
     the U.S. national interests that Germany develops and 
     maintains a strong and ready self-defense capability.
       The AGM-88E AARGM is an upgrade to the older generation 
     AGM-88B High-Speed AntiRadiation Missile (HARM), which 
     Germany first purchased in 1988. The AGM-88E AARGMs in this 
     case will be manufactured using a mixture of new components 
     and older sections from Germany's existing stock of AGM-88Bs 
     provided as Government Furnished Equipment (GFE). Germany 
     will have no difficulty absorbing this equipment and support 
     into its armed forces.
       The proposed sale of this equipment and support will not 
     alter the basic military balance in the region.
       Germany has requested that the NSPA act as its agent for 
     the FMS procurement and case management to support the AARGM 
     program. The principal U.S. contractor will be NGIS, 
     Ridgecrest, CA. The integration efforts will be via a Direct 
     Commercial Sale (DCS), initiated by the Luftwaffe, between 
     the Tornado Management Agency (NETMA) and the AARGM Original 
     Equipment Manufacturer, Northrop Grumman Innovation Systems, 
     formerly known as Orbital ATK (OA). There are no known offset 
     agreements associated with this potential sale.
       Implementation of this proposed sale will require five U.S. 
     government personnel and three contractor representatives to 
     travel to Germany to provide Program Management Reviews. Two 
     visits are planned per year over the next five years.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 19-24

     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 AGM-88E Advanced Anti-Radiation Guided Missile 
     (AARGM) AGM-88E weapon system is an air-to-ground missile 
     intended to suppress or destroy land or sea-based radar 
     emitters associated with enemy air defenses and provides 
     tactical air forces with a lethal countermeasure to enemy 
     radar directed, surface-to-air missiles, and air defense 
     artillery weapons systems. Destruction or suppression of 
     enemy radars denies the enemy the use of air defense systems, 
     thereby improving the survivability of our tactical aircraft. 
     It uses a multimode seeker that incorporates global 
     positioning system/inertial measurement unit (GPS/IMU) 
     midcourse guidance, a radio frequency (RF) radiation homing 
     receiver, an active millimeter. When assembled, the AGM-88E 
     AARGM is classified SECRET. The AARGM Guidance Section 
     (seeker hardware) and Control Section with the Target 
     Detector is classified CONFIDENTIAL.
       2. 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.
       3. A determination has been made that the Government of 
     Germany can provide substantially the same degree of 
     protection for the technology being released as the U.S. 
     Government. This sale supports the U.S. foreign policy and 
     national security objectives as outlined in the Policy 
     Justification.
       4. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     Germany.

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