[Congressional Record Volume 168, Number 48 (Thursday, March 17, 2022)]
[Senate]
[Pages S1250-S1251]
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. 22-10, 
     concerning the Missile Defense Agency's proposed Letter(s) of 
     Offer and Acceptance to the Government of the United Kingdom 
     for defense articles and services estimated to cost $700 
     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,
                                  (For James A. Hursch, Director.)
       Enclosures.


                         Transmittal No. 22-10

     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 United 
     Kingdom.
       (ii) Total Estimated Value:
       Major Defense Equipment* $400 million.
       Other $300 million.
       Total $700 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:

[[Page S1251]]

       Major Defense Equipment (MDE):
       One (1) Ballistic Missile Defense Radar (BMDR).
       Two (2) Command and Control Battle Management and 
     Communications.
       (C2BMC) User Nodes (with network capability required to 
     connect to the C2BMC System to support radar operations).
       Non-MOE: Also included are design and construction of a 
     combined radar-equipment shelter; encryption devices, secure 
     communication equipment, and other required COMSEC equipment 
     to support radar operations; spare and repair parts, support 
     and testing equipment, publications and technical 
     documentation, personnel training and training equipment, 
     U.S. Government and contractor engineering, technical and 
     logistics support services, and other related elements of 
     logistical and program support.
       (iv) Military Department: Missile Defense Agency (UK-1-
     ZAB).
       (v) Prior Related Cases, if any: UK-1-ZAA.
       (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: March 17, 2022.
       *As defined in Section 47(6) of the Arms Export 
     Control Act.


                          POLICY JUSTIFICATION

     United Kingdom--Ballistic Missile Defense Radar (BMDR) and 
         Command and Control Battle Management and Communications 
         (C2BMC)
       The Government of the United Kingdom (UK) has requested to 
     buy one (1) Ballistic Missile Defense Radar (BMDR); and two 
     (2) Command and Control Battle Management and Communications 
     (C2BMC) user nodes (with network capability required to 
     connect to the C2BMC System to support radar operations). 
     Also included are design and construction of a combined 
     radar-equipment shelter; encryption devices, secure 
     communication equipment, and other required COMSEC equipment 
     to support radar operations; spare and repair parts, support 
     and testing equipment, publications and technical 
     documentation, personnel training and training equipment, 
     U.S. Government and contractor engineering, technical and 
     logistics support services, and other related elements of 
     logistical and program support. The total estimated program 
     cost is $700 million.
       This proposed sale will support the foreign policy goals 
     and national security objectives of the United States by 
     improving the security of a NATO Ally that is a force for 
     political stability and economic progress in Europe.
       The proposed sale will improve UK's ability to meet current 
     and future ballistic missile threats to the UK and NATO by 
     improving the effectiveness of NATO BMD systems. The United 
     Kingdom will have no difficulty absorbing the BMD Radar into 
     its armed forces.
       The proposed sale of this equipment and support will not 
     alter the basic military balance in the region.
       The principal contractor will be Lockheed Martin, 
     Moorestown, NJ. There are no known offset agreements proposed 
     in connection with this potential sale.
       Implementation of this proposed sale may require the 
     assignment of approximately 15 U.S. Government and up to 100 
     contractor representatives to the UK, at any given time, 
     during the construction, installation, integration and 
     testing of the BMDR and C2BMC capability.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 22-10

     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 United Kingdom (UK) Ballistic Missile Defense Radar 
     (BMDR) is a scaled version of the U.S. Long Range 
     Discrimination Radar. It will provide continuous and precise 
     tracking and discrimination of missile threats, persistent 
     long-range midcourse discrimination, precision tracking and 
     hit assessment. Discrimination is a critical capability of 
     missile defense, which will provide data to distinguish 
     lethal objects from debris and decoys around the lethal 
     object. The UK will use the Command and Control, Battle 
     Management, and Communications (C2BMC) system to integrate 
     the UK BMDR. This will improve the effectiveness of North 
     Atlantic Treaty Organization (NATO) missile defenses.
       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 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.
       4. A determination has been made that the United Kingdom 
     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 United Kingdom.

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