[Congressional Record Volume 167, Number 110 (Thursday, June 24, 2021)]
[Senate]
[Page S4766]
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.
     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. 21-23, 
     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 $42.4 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,
                                                    Aaron Harding,
                                   (For Heidi H. Grant, Director).
       Enclosures.


                         Transmittal No. 21-23

     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 * $27.8 million.
       Other $14.6 million.
       Total $42.4 million
       Funding Source: National Funds.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Twenty-four (24) AIM-9X Sidewinder Block II Tactical 
     Missiles.
       Twenty-four (24) AIM 9X Block II Captive Air Training 
     Missiles (CATMs).
       Six (6) Tactical Guidance Units.
       Ten (10) Captive Air Training Missile (CATM) Guidance 
     Units.
       Non-MDE: Also included are containers, support and test 
     equipment, spare and repair parts, personnel training and 
     training equipment, publications and technical data, software 
     delivery and support, U.S. Government and contractor 
     technical assistance and other related support; and other 
     related elements of logistical and program support.
       (iv) Military Department: Navy (PI-P-AAY).
       (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--AIM-9X Sidewinder Block II Tactical Missiles

       The Government of the Philippines has requested to buy 
     twenty-four (24) AIM-9X Sidewinder Block II tactical 
     missiles; twenty-four (24) AIM-9X Block II Captive Air 
     Training Missiles (CATMs); six (6) Tactical Guidance Units; 
     and ten (10) Captive Air Training Missile (CATM) Guidance 
     Units. Also included are containers, support and test 
     equipment, spare and repair parts, personnel training and 
     training equipment, publications and technical data, software 
     delivery and support, U.S. Government and contractor 
     technical assistance and other related support; and other 
     related elements of logistical and program support. The 
     estimated total cost is $42.4 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 improve the Philippines' capability 
     to meet current and future threats by enabling the 
     Philippines to deploy fighter aircraft with a short range 
     air-to-air missile defense capability. The Philippines Air 
     Force is modernizing its fighter aircraft to better support 
     its own air defense and maritime security needs. 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 Raytheon Missile Systems 
     Company, Tucson, AZ. 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. 21-23

     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 AIM-9X Block II Sidewinder Missile represents a 
     substantial increase in missile acquisition and kinematics 
     performance over the AIM-9M and replaces the AIM-9X Block I 
     Missile configuration. The missile includes a high off-
     boresight seeker, enhanced countermeasure rejection 
     capability, low drag/high angle of attack airframe and the 
     ability to integrate the Helmet Mounted Cueing System. The 
     software algorithms are the most sensitive portion of the 
     AIM-9X missile. The software continues to be modified via a 
     pre-planned product improvement (P3I) program in order to 
     improve its countercountermeasure capabilities. No software 
     source code or algorithms will be released.
       2. The highest level of classification of defense articles, 
     components, and services included in this potential sale is 
     CONFIDENTIAL.
       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.

                          ____________________