[Congressional Record Volume 165, Number 163 (Wednesday, October 16, 2019)]
[Senate]
[Pages S5835-S5836]
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 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. 19-70 
     concerning the Army's proposed Letters(s) of Offer and 
     Acceptance to the Government of Ukraine for defense articles 
     and services estimated to cost $39.2 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. 19-70

  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 Ukraine.
       (ii) Total Estimated Value:
       Major Defense Equipment * $31.0 million.
       Other $8.2 million,
       Total $39.2 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       One hundred fifty (150) Javelin Missiles.
       Ten (10) Javelin Command Launch Units (CLU).
       Non-MDE: Also included are training devices, 
     transportation, support equipment, technical data and 
     publications, personnel training and training equipment, U.S. 
     government, engineering, technical, and logistics support 
     services, and other related elements of logistics support 
     tools and test equipment; support equipment; publications and 
     technical documentation; spare and repair parts; equipment 
     training and training devices; U.S. Government and contractor 
     technical, engineering and logistics support services; and 
     other related elements of logistical, sustainment, and 
     program support.
       (iv) Military Department: Army (UP-8-UCJ).
       (v) Prior Related Cases, if any: UP-8-UBT.
       (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 Attached 
     Annex.
       (viii) Date Report Delivered to Congress: October 3, 2019.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          policy justification

           Ukraine--Javelin Missiles and Command Launch Units

       The Government of Ukraine has requested to buy one hundred 
     fifty (150) Javelin missiles and ten (10) Javelin Command 
     Launch Units (CLUs). Also included are training devices, 
     transportation, support equipment, technical data and 
     publications, personnel training and training equipment, U.S. 
     government, engineering, technical, and logistics support 
     services, and other related elements of logistics support 
     tools and test equipment; support equipment; publications and 
     technical documentation; spare and repair parts; equipment 
     training and training devices; U.S. Government and contractor 
     technical, engineering and logistics support services; and 
     other related elements of logistical, sustainment, and 
     program support. The total estimated cost is not to exceed 
     $39.2 million.
       This proposed sale will contribute to the foreign policy 
     and national security of the United States by improving the 
     security of Ukraine. The Javelin system will help Ukraine 
     build its long-term defense capacity to defend its 
     sovereignty and territorial integrity in order to meet its 
     national defense

[[Page S5836]]

     requirements. Ukraine will have no difficulty absorbing this 
     system 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 for the Javelin Missile System is 
     Raytheon Company, Waltham, MA. There are no known offset 
     agreements proposed in conjunction with this potential sale.
       Implementation of this proposed program will require 
     additional contractor representatives to travel to Ukraine. 
     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. 19-70

     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 Javelin Weapon System is a medium-range, man 
     portable, shoulder-launched, fire and forget, anti-tank 
     system for infantry, scouts, and combat engineers. The system 
     weighs 49.5 pounds and has a maximum range in excess of 2,500 
     meters. The system is highly lethal against tanks and other 
     systems with conventional and reactive armors. The system 
     possesses a secondary capability against bunkers.
        2. Javelin's key technical feature is the use of fire-and-
     forget technology which allows the gunner to fire and 
     immediately relocate or take cover. Additional special 
     features are the top attack and/or direct fire modes, an 
     advanced tandem warhead and imaging infrared seeker, target 
     lock-on before launch, and soft launch from enclosures or 
     covered fighting positions. The Javelin missile also has a 
     minimum smoke motor thus decreasing its detection on the 
     battlefield.
        3. The Javelin Weapon System is comprised of two major 
     tactical components, which are a reusable Command Launch Unit 
     (CLU) and a round contained in a disposable launch tube 
     assembly. The CLU incorporates an integrated day-night sight 
     that provides a target engagement capability in adverse 
     weather and countermeasure environments. The CLU may also be 
     used in a stand-alone mode for battlefield surveillance and 
     target detection. The CLU's thermal sight is a second 
     generation Forward Looking Infrared (FLIR) sensor operating 
     in the 8-10 micron wavelength and has a 240 x 240 pixel 
     scanning array with a Dewar-coolant unit.
        4. The missile is autonomously guided to the target using 
     an imaging infrared seeker and adaptive correlation tracking 
     algorithms. This allows the gunner to take cover or reload 
     and engage another target after firing a missile. The missile 
     contains an infrared seeker with a 64 x 64 pixel element 
     Mercury-Cadmium-Telluride (HgCdTE) Focal Plane Array (FPA) 
     operating in the 8-10 micron wavelength. The missile has an 
     advanced tandem warhead and can be used in either the top 
     attack or direct fire modes (for target undercover). An 
     onboard flight computer guides the missile to the selected 
     target.
        5. The Javelin Missile System hardware and the 
     documentation are UNCLASSIFIED. The missile software which 
     resides in the CLU is considered SENSITIVE. The sensitivity 
     is primarily in the software programs which instruct the 
     system how to operate in the presence of countermeasures. The 
     overall hardware is also considered SENSITIVE in that the 
     infrared wavelengths could be useful in attempted 
     countermeasure development.
        6. If a technologically advanced adversary obtains 
     knowledge of the specific hardware and software elements, the 
     information could be used to develop countermeasures or 
     equivalent systems that might reduce weapon system 
     effectiveness or be used in the development of a system with 
     similar or advanced capabilities.
        7. A determination has been made that Ukraine can provide 
     substantially the same degree of protection for the sensitive 
     technology being released as the U.S. Government. This 
     proposed sale is necessary to further the U.S. foreign policy 
     and national security objectives outlined in the Policy 
     Justification.
        8. All defense articles and services listed on this 
     transmittal are authorized for release and export to the 
     Government of Ukraine.

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