[Congressional Record Volume 168, Number 123 (Monday, July 25, 2022)]
[Senate]
[Pages S3635-S3636]
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,

                                                   Washington, DC.
     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)(l) of the Arms Export Control Act, as 
     amended, we are forwarding herewith Transmittal No. 22-47, 
     concerning the Army's proposed Letter(s) of Offer and 
     Acceptance to the Government of the Netherlands for defense 
     articles and services estimated to cost $1.219 billion. 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. 22-47

     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 Netherlands
       (ii) Total Estimated Value:
       Major Defense Equipment* $0.815 billion.
       Other $0.404 billion.
       Total $1.219 billion.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Ninety-six (96) PATRIOT MIM-104E Guidance Enhanced Missile-
     Tactical (GEM-T) Ballistic Missiles
       Non-MDE: Also included are tools and test equipment; range 
     and test programs; support equipment to include associated 
     publications and technical documentation; training equipment; 
     spare and repair parts; new equipment training; 
     transportation; Quality Assurance Team support; U.S. 
     Government and contractor technical assistance, engineering, 
     and logistics support services; Systems Integration and 
     Checkout (SICO); field office support; International 
     Engineering Services Program Field Surveillance Program; and 
     other related elements of logistics and program support.
       (iv) Military Department: Army (NE-B-YAS)
       (v) Prior Related Cases, if any: NE-B-YAF
       (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: July 21, 2022
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          policy justification

 The Netherlands--PATRIOT MIM-104E Guidance Enhanced Missile-Tactical 
                       (GEM-T) Ballistic Missiles

       The Government of the Netherlands has requested to buy 
     ninety-six (96) PATRIOT MIM-104E Guidance Enhanced Missile-
     Tactical (GEM-T) ballistic missiles. Also included are tools 
     and test equipment; range and test programs; support 
     equipment to include associated publications and technical 
     documentation; training equipment; spare and repair parts; 
     new equipment training; transportation; Quality Assurance 
     Team support; U.S. Government and contractor technical 
     assistance, engineering, and logistics support services; 
     Systems Integration and Checkout (SICO); field office 
     support; International Engineering Services Program Field 
     Surveillance Program; and other related elements of logistics 
     and program support. The estimated total cost is $1.219 
     billion.
       This proposed sale will support the foreign policy and 
     national security objectives of the United States by helping 
     to improve the security of a NATO ally that is an important 
     force for political stability and economic progress in 
     Europe.
       The proposed sale will improve the Netherlands' capability 
     to meet current and future

[[Page S3636]]

     threats. The proposed sale will increase the defensive 
     capabilities of the Netherlands' military and supports its 
     goal of improving national and territorial defense as well as 
     interoperability with U.S. and NATO forces. The Netherlands 
     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 Corporation, 
     Tewksbury, MA. The purchaser normally requests offsets. At 
     this time, offset agreements are undetermined and will be 
     defined in negotiations between the purchaser and 
     contractors.
       Implementation of this proposed sale will not require the 
     assignment of any additional U.S. Government or contractor 
     representatives to the Netherlands.
       There is no adverse impact on U.S. defense readiness as a 
     result of this proposed sale.


                         transmittal no. 22-47

     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 PATRIOT MIM-104E Guidance Enhanced Missile-Tactical 
     (GEM-T) Ballistic Missile is the latest in-production series 
     of the highly successful Raytheon Patriot missile variants 
     available to both U.S. forces and international customers. 
     GEM-T adds a low-noise oscillator for improved acquisition 
     and tracking performance in clutter and provides an upgraded 
     capability to defeat tactical ballistic missile (TBM), 
     aircraft and cruise missile threats in complement to the PAC-
     3 missile.
       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 Netherlands 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 Netherlands.

                          ____________________