[Congressional Record Volume 168, Number 142 (Tuesday, September 6, 2022)]
[Senate]
[Pages S4427-S4428]
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. 21-68, 
     concerning the Army's proposed Letter(s) of Offer and 
     Acceptance to the Government of Brazil for defense articles 
     and services estimated to cost $74 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,
                                                  James A. Hursch,
                                                         Director.
       Enclosures.


                         Transmittal No. 21-68

     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 Brazil.
       (ii) Total Estimated Value:
       Major Defense Equipment * $54 million.
       Other $20 million.
       Total $74 million.
       Funding Source: National Funds.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Two hundred twenty-two (222) Javelin Missiles, FGM-148.
       Thirty-three (33) Javelin Command Launch Units (CLU).
       Non-MDE: Also included are Enhanced Producibility Basic 
     Skills Trainers; missile simulation rounds; Security 
     Assistance Management Directorate technical assistance; 
     Tactical Aviation and Ground Munitions Project Office 
     technical assistance; other associated equipment and 
     services; and other related elements of logistical and 
     program support.
       (iv) Military Department: Army (BR-B-UCB).
       (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: August 9, 2022.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

                        Brazil--Javelin Missiles

       The Government of Brazil has requested to buy two hundred 
     twenty-two (222) Javelin missiles, FGM-148; and thirty-three 
     (33) Javelin Command Launch Units (CLU). Also included are 
     Enhanced Producibility Basic Skills Trainers; missile 
     simulation rounds; Security Assistance Management Directorate 
     technical assistance; Tactical Aviation and Ground Munitions 
     Project Office technical assistance; other associated 
     equipment and services; and other related elements of 
     logistical and program support. The estimated total cost is 
     $74 million.
       This proposed sale will support the foreign policy and 
     national security objectives of the United States by 
     improving the security of an important regional partner that 
     is an important force for political stability and economic 
     progress in South America.
       The proposed sale will improve the Brazilian Army's 
     capability to meet current and future threats by increasing 
     their anti-armor capacity. Brazil will have no difficulty 
     absorbing these weapons into its armed forces.
       The proposed sale of this equipment and support will not 
     alter the basic military balance in the region.
       The prime contractors will be Raytheon/Lockheed Martin 
     Javelin Joint Venture, Orlando, FL, and Tucson, AZ. 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 U.S. Government or contractor 
     representatives to Brazil.

[[Page S4428]]

       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 21-68

     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 Javelin Weapon System is a medium-range, man 
     portable, shoulder-launched, fire and forget, anti-tank 
     system for infantry, scouts, and combat engineers. It may 
     also be mounted on a variety of platforms including vehicles, 
     aircraft and watercraft. The system weighs 49.5 pounds and 
     has a maximum range in excess of 2,500 meters. The system is 
     highly lethal against tanks and other systems with 
     conventional and reactive armors. The system possesses a 
     secondary capability against bunkers.
       2. Javelin's key technical feature is the use of fire-and-
     forget technology, which allows the gunner to fire and 
     immediately relocate or take cover. Additional special 
     features are the top attack and/or direct fire modes, an 
     advanced tandem warhead and imaging infrared seeker, target 
     lock-on before launch, and soft launch from enclosures or 
     covered fighting positions. The Javelin missile also has a 
     minimum smoke motor, thus decreasing its detection on the 
     battlefield.
       3. The Javelin Weapon System is comprised of two major 
     tactical components, which are a reusable Command Launch Unit 
     (CLU) and a round contained in a disposable launch tube 
     assembly. The CLU incorporates an integrated day-night sight 
     that provides a target engagement capability in adverse 
     weather and countermeasure environments. The CLU may also be 
     used in a stand-alone mode for battlefield surveillance and 
     target detection. The CLU's thermal sight is a second 
     generation Forward Looking Infrared (FLIR) sensor. To 
     facilitate initial loading and subsequent updating of 
     software, all on-board missile software is uploaded via the 
     CLU after mating and prior to launch.
       4. The missile is autonomously guided to the target using 
     an imaging infrared seeker and adaptive correlation tracking 
     algorithms. This allows the gunner to take cover or reload 
     and engage another target after firing a missile. The missile 
     has an advanced tandem warhead and can be used in either the 
     top attack or direct fire modes (for target undercover). An 
     onboard flight computer guides the missile to the selected 
     target.
       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 obtains 
     knowledge of the specific hardware and software elements, the 
     information could be used to develop countermeasures or 
     equivalent systems 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 Brazil can provide 
     substantially the same degree of protection for the sensitive 
     technology being released as the U.S. Government. This 
     proposed 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 
     the Government of Brazil.

                          ____________________