[Congressional Record Volume 168, Number 107 (Thursday, June 23, 2022)]
[Senate]
[Pages S3152-S3153]
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 Sectin 36(b)(1) of the Arms Export Control Act, as
amended, we are forwarding herewith Transmittal No. 22-17,
concerning the Air Force's proposed Letter(s) of Offer and
Acceptance to NATO Support and Procurement Agency (NSPA) as
Lead Nation for defense articles and services estimated to
cost $22.7 million. After this letter is delivered to your
offie, we plan to issue a news release to notify the public
of this proposed sale.
Sincerely,
James A. Hursch,
Director.
Enclosures.
Transmittal No. 22-17
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: NATO Support and Procurement
Agency (NSPA) as Lead
[[Page S3153]]
Nation for Belgium, Czech Republic, Denmark, Finland, Greece,
Hungary, Italy, the Netherlands, Norway, Poland, Portugal,
Spain and the United Kingdom
(ii) Total Estimated Value:
Major Defense Equipment* $21.8 million.
Other $ 0.9 million.
Total $22.7 million.
Funding Source: National Funds
(iii) Description and Quantity or Quantities of Articles or
Services under Consideration for Purchase: Foreign Military
Sales (FMS) case N4-D-YAB, was below congressional
notification threshold at $1.87 million ($1.78 million in
MDE) and included forty (40) GBU-39/B Small Diameter Bombs,
Increment I. NATO Support and Procurement Agency as Lead
Nation has requested the case be amended to include the below
listed, additional MDE and non-MDE items and services. This
amendment will push the current case above the MDE
notification threshold and thus requires notification of the
entire case.
Major Defense Equipment (MDE):
Two hundred seventy-nine (279) GBU-39/B Small Diameter
Bombs, Increment I.
Two hundred four
(204) FMU-152 Fuzes.
Two hundred four (204) MK-82 500LB General Purpose Bombs.
Fifty (50) BLU-109 2000LB Hard Target Penetrator Bombs.
Non-MDE:
Also included are smoke signal cartridges; engineering and
technical support and assistance; and other related elements
of logistical and program support.
(iv) Military Department: Air Force (N4-D-YAB).
(v) Prior Related Cases, if any: None.
(vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed
to be Paid: None known at this time.
(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 22, 2022.
* As defined in Section 47(6) of the Arms Export Control
Act.
policy justification
NATO Support and Procurement Agency (NSPA)--Precision
Guided Munitions
NATO Support and Procurement Agency as Lead Nation has
requested the possible sale of two hundred thirty-nine (239)
GBU-39/B Small Diameter Bombs, Increment I; two hundred four
(204) FMU-152 fuzes; two hundred four (204) MK-82 500LB
General Purpose Bombs; and fifty (50) BLU-109 2000LB Hard
Target Penetrator Bombs, that will be added to a previously
implemented case. The original FMS case, valued at $1.87
million, included forty (40) GBU-39/B Small Diameter Bombs,
Increment I. Therefore, this notification is for a total of
two hundred seventy-nine (279) GBU-39/B Small Diameter Bombs,
Increment I; two hundred four (204) FMU-152 fuzes; two
hundred four (204) MK-82 500LB General Purpose Bombs; and
fifty (50) BLU-109 2000LB Hard Target Penetrator Bombs. Also
included are smoke signal cartridges; engineering and
technical support and assistance; and other related elements
of logistical and program support. The total estimated cost
is $22.7 million.
This proposed sale supports the foreign policy and national
security of the United States by increasing the flexibility
of Belgium, Czech Republic, Denmark, Finland, Greece,
Hungary, Italy, the Netherlands, Norway, Poland, Portugal,
Spain, and the United Kingdom, twelve NATO nations and one
NATO enhanced opportunity partner nation, to contribute to
overseas contingency operations. This sale increases the
quantity of precision-guided munitions within NATO and allows
for their pre-coordinated transfer in support of national and
NATO requirements.
The proposed sale will improve NATO's capability to meet
current and future ground threats with precision. NATO will
use the enhanced capability as a deterrent to regional
threats, and to increase interoperability within contingency
operations. Many of the purchasing nations already have
precision-guided munitions in their inventories and will all
have no difficulty absorbing these munitions into its armed
forces.
The proposed sale of this equipment and support will not
alter the basic military balance in the region.
The principal contractors for production are the Boeing
Corporation, St Louis, MO; and Raytheon Missile Systems,
Tucson, AZ. The principal contractor for integration is
unknown and will be determined during contract negotiations.
There are no known offset agreements proposed in connection
with this potential sale.
Implementation of this proposed sale will not require the
assignment of any additional U.S. Government or contractor
representatives to NATO.
There will be no adverse impact on U.S. defense readiness
as a result of this proposed sale.
Transmittal No. 22-17
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 GBU-39 Small Diameter Bomb Increment 1 (SDB-1) is a
250 pound GPS-aided inertial navigation system, small
autonomous, day or night, adverse weather, conventional, air-
to-ground precision glide weapon able to strike fixed and
stationary re-locatable non-hardened targets from standoff
ranges. It is intended to provide aircraft with an ability to
carry a high number of bombs. Aircraft are able to carry four
SDBs in place of one 2,000 pound bomb.
2. The Joint Programmable Fuze (JPF) FMU-152 is a multi-
delay, multi-arm and proximity sensor compatible with general
purpose blast, frag and hardened-target penetrator weapons.
The JPF settings are cockpit selectable in flight when used
with numerous precision-guided weapons.
3. MK-82 General Purpose (GP) bomb is a 500 pound, free-
fall, unguided, low-drag weapon used for attacking soft and
intermediately protected targets.
4. The BLU-109 is a 2,000 pound hard target penetrator
warhead designed to penetrate hardened structures before
detonating.
5. The highest level of classification of defense articles,
components, and services included in this potential sale is
SECRET.
6. 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.
7. A determination has been made that NATO Support and
Procurement Agency (NSPA) and the participating countries 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.
8. All defense articles and services listed in this
transmittal have been authorized for release and export to
NSPA, Belgium, Czech Republic, Denmark, Finland, Greece,
Hungary, Italy, the Netherlands, Norway, Poland, Portugal,
Spain, and the United Kingdom.
____________________