[Congressional Record Volume 167, Number 110 (Thursday, June 24, 2021)]
[Senate]
[Pages S4763-S4764]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        ARMS SALES NOTIFICATION

  Mr. MENENDEZ. 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, June 24, 2021.
     Hon. Robert Menendez,
     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. 21-36, 
     concerning the Navy's proposed Letter(s) of Offer and 
     Acceptance to the Government of the Philippines for defense 
     articles and services estimated to cost $120 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,
                                                   Heidi H. Grant,
                                                         Director.
       Enclosures:


                         Transmittal No. 21-36

     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 the Philippines.
       (ii) Total Estimated Value:
       Major Defense Equipment * $45 million.
       Other $75 million.
       Total $120 million.
       Funding Source: National Funds.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Twelve (12) AGM-84L-1 Harpoon Block II Air Launched 
     Missiles.
       Two (2) ATM-84L-1 Harpoon Block II Exercise Missiles.
       Non-MDE: Also included are containers; spare and repair 
     parts; support and test equipment; publications and technical 
     documentation; personnel training and training equipment; 
     U.S. Government and contractor engineering, technical, and 
     logistical support services; and other related elements of 
     logistical and program support.
       (iv) Military Department: Navy (PI-P-AAZ)
       (v) Prior Related Cases, if any: None.
       (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: June 24, 2021.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

     Philippines--AGM-84L-1 Harpoon Air Launched Block II Missiles

       The Government of the Philippines has requested to buy 
     twelve (12) AGM-84L-1 Harpoon Block II air launched missiles; 
     and two (2) ATM-84L-1 Harpoon Block II Exercise missiles. 
     Also included are containers; spare and repair parts; support 
     and test equipment; publications and technical documentation; 
     personnel training and training equipment; U.S. Government 
     and contractor engineering, technical, and logistical support 
     services; and other related elements of logistical and 
     program support. The estimated total cost is $120 million.
       This proposed sale will support the foreign policy and 
     national security of the United States by helping to improve 
     the security of a strategic partner that continues to be an 
     important force for political stability, peace, and economic 
     progress in South East Asia.
       The proposed sale will enhance the Philippines' 
     interoperability with the U.S. and other allied nations, 
     making it a more valuable partner in an increasingly 
     important area of the world. It will improve the Philippines' 
     capability to meet current and future threats by providing 
     flexible solutions to augment existing surface and air 
     defense. The Philippine Air Force is modernizing its fighter 
     aircraft to better support its own maritime security needs. 
     This capability will provide the Philippine Air Force the 
     ability to employ a highly reliable and effective system to 
     counter or deter maritime aggressions, coastal blockades, and 
     amphibious assaults. The Philippines will have no difficulty 
     absorbing this equipment 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 The Boeing Company, St. Louis, 
     MO. There are no known offset agreements proposed in 
     connection with this potential sale.
       Implementation of this proposed sale will require travel of 
     U.S. Government or contractor representatives to the 
     Philippines on a temporary basis for program technical 
     support and management oversight.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 21-36

  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 Harpoon missile is a non-nuclear tactical weapon 
     system currently in service in the U.S. Navy and in 29 other 
     foreign nations. It provides a day, night, and adverse 
     weather, standoff air-to-surface capability and is an 
     effective Anti-Surface Warfare missile. The AGM-84L 
     incorporates components, software, and technical design 
     information that are considered sensitive, to include:
       The Radar Seeker.
       The Radar Altimeter.
       The GPS/INS System.
       Operational Flight Program Software.
       Missile operational characteristics and performance data.
       These elements are essential to the ability of the Harpoon 
     missile to selectively engage hostile targets under a wide 
     range of operations, tactical and environmental conditions.
       2. The highest level of classification of defense articles, 
     components, and services included in this potential sale is 
     CONFIDENTIAL.

[[Page S4764]]

  

       3. 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.
       4. A determination has been made that the Philippines 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.
       5. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     the Government of the Philippines.

                          ____________________