[Congressional Record Volume 165, Number 118 (Monday, July 15, 2019)]
[Senate]
[Pages S4817-S4818]
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 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)(l) of the Arms Export Control Act, as 
     amended, we are forwarding herewith Transmittal No. 19-42 
     concerning the Army's proposed Letter(s) of Offer and 
     Acceptance to the Government of Germany for defense articles 
     and services estimated to cost $401 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,
                                                Gregory M. Kausner
       (For Charles W. Hooper, Lieutenant General, USA, Director).
       Enclosures.


                         Transmittal No. 19-42

     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 Germany
       (ii) Total Estimated Value:
       Major Defense Equipment* $229 million.
       Other $172 million.
       Total $401 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Fifty (50) Patriot Advanced Capability 3 (PAC-3) Missiles 
     Segment Enhanced (MSE).
       Non-MOE: Also included are PAC-3 MSE launcher conversion 
     kits; Missile Round Trainers (MRTs); Empty Round Trainers 
     (ERTs); Launcher Stations (LS) heater controllers; PAC-3 
     ground support equipment; concurrent spare parts; 
     documentation and publications; PAC-3 MSE shorting plugs; 
     Quality Assurance Team; missile canister consumables; missile 
     skid kits; PAC-3 MSE repair and return; missile Field 
     Surveillance Program (FSP) for PAC-3 MSE; U.S. Government 
     transportation; MSE launcher spare parts; PAC-3/MSE GMT kits; 
     MSE DC motor kits; targets; Telemetry; U.S. Government range 
     support; MSE flight test support; U.S. Government and 
     contractor engineering; technical and logistics support 
     services; and other related elements of logistical and 
     program support.
       (iv) Military Department: Army (GY-B-XAV).
       (v) Prior Related Cases, if any: N/A.
       (vi) Sales Commission. Fee, etc. Paid, Offered, or Agreed 
     to be Paid: None.

[[Page S4818]]

       (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: July 12, 2019.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

 Government of Germany--Patriot Advanced Capability 3 (PAC-3) Missiles 
                            Segment Enhanced

       The Government of Germany has requested to buy fifty (50) 
     Patriot Advanced Capability 3 (PAC-3) Missiles Segment 
     Enhanced (MSE). Also included are PAC-3 MSE launcher 
     conversion kits; Missile Round Trainers (MRTs); Empty Round 
     Trainers (ERTs); Launcher Stations (LS) heater controllers; 
     PAC-3 ground support equipment; concurrent spare parts; 
     documentation and publications; PAC-3 MSE shorting plugs; 
     Quality Assurance Team; missile canister consumables; missile 
     skid kits; PAC-3 MSE repair and return; missile Field 
     Surveillance Program (FSP) for PAC-3 MSE; U.S. Government 
     transportation; MSE launcher spare parts; PAC-3/MSE GMT kits; 
     MSE DC motor kits; targets; Telemetry; U.S. Government range 
     support; MSE flight test support; U.S. Government and 
     contractor engineering; technical and logistics support 
     services; and other related elements of logistical and 
     program support. The total estimated value is $401 million.
       This proposed sale will support to 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 
     U.S. national interests to assist our German ally in 
     developing and maintaining a strong and ready self-defense 
     capability.
       The proposed sale will enhance Germany's capability to 
     maintain the largest air defense capacity in Europe. The 
     purchase of these additional missiles will allow Germany to 
     build a more robust air defense capability and increase its 
     air lethality against air defense threats. This purchase also 
     assist Germany with its NATO commitments. Germany will have 
     no difficulty absorbing these additional missiles into its 
     armed forces.
       The proposed sale of this equipment and support will not 
     alter the basic military balance in the region.
       The prime contractor will be Lockheed Martin, Dallas, TX. 
     There are no known offset agreements proposed in connection 
     with this potential sale.
       Implementation of this proposed sale will require 
     additional contractor representatives to travel to Germany. 
     It is not expected additional U.S. Government personnel will 
     be required in country for an extended period of time.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 19-42

     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 PATRIOT Air Defense System contains classified 
     CONFIDENTIAL hardware components, SECRET tactical software 
     and critical/sensitive technology. The Patriot Advanced 
     Capability 3 (PAC-3) Missile Segment Enhancement (MSE) 
     hardware is classified CONFIDENTIAL and the associated 
     launcher hardware is UNCLASSIFIED. The PAC-3 MSE is a high 
     velocity, hit-to-kill, surface-to-air missile that provides 
     critical air and missile defense by intercepting and 
     destroying Tactical Ballistic Missiles (TBM), Air-Breathing 
     Threats (ABT), cruise missiles, and Unmanned Aerial Systems 
     (UAS).
       2. The PAC-3 MSE sensitive/critical technology is primarily 
     in the area of design and production know-how and primarily 
     inherent in the design, development and/or manufacturing data 
     related to certain components. The list of components is 
     classified CONFIDENTIAL.
       3. Information on system performance capabilities, 
     effectiveness, survivability, missile seeker capabilities, 
     select software/software documentation and test data are 
     classified up to and including SECRET.
       4. If a technologically advanced adversary were to obtain 
     knowledge of the hardware and software elements, the 
     information could be used to develop countermeasures or 
     equivalent systems, which might reduce system effectiveness 
     or be used in the development of a system with similar or 
     advanced capabilities.
       5. A determination has been made that the recipient country 
     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.
       6. All defense articles and services listed in this 
     transmittal are authorized for release and export to the 
     Government of Germany.

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