[Congressional Record Volume 169, Number 37 (Monday, February 27, 2023)]
[Senate]
[Page S500]
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)(1) of the Arms Export Control Act, as 
     amended, we are forwarding herewith Transmittal No. 23-18, 
     concerning the Navy's proposed Letter(s) of Offer and 
     Acceptance to the Government of Australia for defense 
     articles and services estimated to cost $506 million. We will 
     issue a news release to notify the public of this proposed 
     sale upon delivery of this letter to your office.
           Sincerely,
                                                       Mike Miller
                                  (For James A. Hursch, Director).
       Enclosures.


                         Transmittal No. 23-18

     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 * $302 million.
       Other $204 million.
       Total $506 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE): Up to sixty-three (63) 
     Advanced Anti-Radiation Guided Missiles-Extended Range 
     (AARGM-ERs).
       Up to twenty (20) AARGM-ER Captive Air Training Missiles 
     (CATMs).
       Non-MDE: Also included are AGM-88G Advanced Anti-Radiation 
     Guided Missile-Extended Range Dummy Air Training Missiles 
     (AARGM-ER DATMs), containers, component parts and support 
     equipment; Repair of Repairables; software (Classified and 
     Unclassified); publications (Classified and Unclassified); 
     training (Classified and Unclassified); transportation; U.S. 
     Government and contractor engineering support; and other 
     related elements of logistical and program support.
       (iv) Military Department: Navy (AT-P-ASA).
       (v) Prior Related Cases, if any: None.
       (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: February 27, 
     2023.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

   Australia--Advanced Anti-Radiation Guided Missiles-Extended Range 
                               (AARGM-ER)

       The Government of Australia has requested to buy up to 
     sixty-three (63) Advanced Anti-Radiation Guided Missiles-
     Extended Range (AARGM-ERs); and up to twenty (20) AARGM-ER 
     Captive Air Training Missiles (CATMs). Also included are AGM-
     88G Advanced Anti-Radiation Guided Missile-Extended Range 
     Dummy Air Training Missiles (AARGM-ER DATMs), containers, 
     component parts and support equipment; Repair of Repairables; 
     software (Classified and Unclassified); publications 
     (Classified and Unclassified); training (Classified and 
     Unclassified); transportation; U.S. Government and Contractor 
     engineering support; and other related elements of logistical 
     and program support. The estimated total cost is $506 
     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.
       The proposed sale will improve Australia's capability to 
     meet current and future threats by suppressing and destroying 
     land or sea-based radar emitters associated with enemy air 
     defenses. This capability denies the adversary the use of its 
     air defense systems, thereby improving the survivability of 
     Australia's tactical aircraft. Australia 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 U.S. contractor will be the Javelin Joint Venture 
     between Lockheed Martin in Orlando, FL and Raytheon Missiles 
     and Defense in Tucson, AZ. There are no known offset 
     agreements proposed in connection with this potential sale.
       Implementation of this proposed sale will require U.S. 
     Government personnel and U.S. Contractor representatives 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. 23-18

     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 AGM-88G Advanced Anti-Radiation Guided Missile-
     Extended Range (AARGM-ER) weapon system is an air-to-ground 
     missile intended for Suppression of Enemy Air Defenses (SEAD) 
     and Destruction of Enemy Air Defenses (DEAD) missions. The 
     AARGM-ER provides suppression or destruction of enemy RADAR 
     and denies the enemy the use of air defense systems, thereby 
     improving the survivability of our tactical aircraft. The 
     AGM-88G AARGM-ER Captive Air Training Missiles (CATM) is used 
     by pilots when training for SEAD/DEAD missions.
       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 articles and services listed in this 
     transmittal have been authorized for release and export to 
     Australia.

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