[Congressional Record Volume 167, Number 174 (Monday, October 4, 2021)]
[Senate]
[Pages S6890-S6891]
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. 21-58, 
     concerning the Navy's proposed Letter(s) of Offer and 
     Acceptance to the Government of Australia for defense 
     articles and services estimated to cost $125 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,
                                                Jedidiah P. Royal,
                                                  Deputy Director.
       Enclosures.


                         transmittal no. 21-58

     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 Australia.
       (ii) Total Estimated Value:
       Major Defense Equipment* $75 million.
       Other $50 million.
       Total $125 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase: The Government of 
     Australia has requested to buy a United States Navy (USN) EA-
     l8G aircraft. The USN EA-l8G aircraft will then be modified 
     into a Royal Australian Air Force (RAAF) EA-l8G aircraft 
     configuration.
       Major Defense Equipment (MDE):
       One (1) EA-l8G Growler Aircraft (Lot 38 or later).
       Non-MDE: Also included is engineering and modification; 
     verification and validation flight test efforts; maintenance 
     and storage; U.S. Government and contractor engineering/
     technical assistance; related studies and analysis support; 
     and other related elements of programmatic, technical and 
     logistics support.
       (iv) Military Department: Navy (AT-P-SCM).
       (v) Prior Related Cases, if any: AT-P-SCI, AT-P-LEN.
       (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: September 30, 
     2021.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          policy justification

    Australia--EA-18G Growler Aircraft and Related Defense Services

       The Government of Australia has requested to buy a United 
     States Navy (USN) EA-18G aircraft. The USN EA-18G aircraft 
     will then be modified into a Royal Australian Air Force 
     (RAAF) EA-18G aircraft configuration. The sale would include 
     one (1) EA-18G Growler aircraft (Lot 38 or later) and 
     engineering and modification; verification and validation 
     flight test efforts; maintenance and storage; U.S. Government 
     and contractor engineering/technical assistance; related 
     studies and analysis support; and other related elements of 
     programmatic, technical and logistics support. The total 
     estimated value is $125 million.
       This proposed sale will support the foreign policy and 
     national security objectives of the United States. Australia 
     is one of our most important allies in the Western Pacific. 
     The strategic location of this political and economic power 
     contributes significantly to ensuring peace and economic 
     stability in the region. It is vital to the U.S. national 
     interest to assist our ally in developing and maintaining a 
     strong and ready self-defense capability.
       This proposed sale will allow Australia to effectively 
     maintain its current force projection capability that 
     enhances interoperability with U.S. forces well into the 
     future and maintain their original primary level of aircraft 
     authorized. This aircraft would replace Australia's EA-18G 
     A46-311 aircraft lost in an accident at Nellis Air Force 
     Base. Australia currently employs the EA-18G and will have no 
     difficulty absorbing this equipment into its armed forces.
       The proposed sale of this aircraft and follow-on support 
     will not alter the basic military balance in the region.
       These aircraft will be provided from U.S. Navy stock. There 
     are no known offset agreements proposed in connection with 
     this potential sale.
       Implementation of the proposed sale will require U.S. 
     Government and contractor personnel to visit Australia on a 
     temporary basis in conjunction with program technical 
     oversight and support requirements, including program and 
     technical reviews.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         transmittal no. 21-58

     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 EA-18G is a derivative of the two-seat F/A-18F Super 
     Hornet that performs an

[[Page S6891]]

     array of airborne electronic attack (AEA) missions. The EA-
     18G integrates the capabilities of an advanced AEA system, as 
     well as other complementary systems to provide one of the 
     most capable AEA platforms in the world.
       2. The highest level of classification of defense articles, 
     components, and services included in this potential sale is 
     SECRET.
       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 Australia 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 services listed in this transmittal have 
     been authorized for release and export to the Government of 
     Australia.

                          ____________________