[Congressional Record Volume 169, Number 45 (Thursday, March 9, 2023)]
[Senate]
[Pages S737-S738]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        ARMS SALES NOTIFICATION

  Mr. MENENDEZ. Madam 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. 23-11, 
     concerning the Army's proposed Letter(s) of Offer and 
     Acceptance to the Government of Australia for defense 
     articles and services estimated to cost $60.18 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. 23-11

     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 * $60.00 million.
       Other $ .18 million.
       Total $60.18 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Up to two hundred fifty-five (255) Javelin FGM-148F 
     Missiles (includes five (5) Fly-to-Buy Missiles)
       Non-MDE: Also included is U.S. technical assistance, 
     consisting of Tactical Air Ground Missiles (TAGM) Project 
     Office technical assistance and other related elements of 
     logistical and program support.
       (iv) Military Department: Army (AT-B-UMX).

[[Page S738]]

       (v) Prior Related Cases, if any: (AT-B-ULI).
       (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: March 7, 2023.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

                  Australia--Javelin FGM-148F Missiles

       The Government of Australia has requested to buy up to two 
     hundred fifty-five (255) Javelin FGM-148F missiles (includes 
     five (5) fly-to-buy missiles). Also included is U.S. 
     technical assistance, consisting of Tactical Air Ground 
     Missiles (TAGM) Project Office technical assistance and other 
     related elements of logistical and program support. The 
     estimated total cost is $60.18 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 the Australian Army's 
     capability to meet current and future threats by maintaining 
     and increasing its anti-armor capability. 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 not require the 
     assignment of any U.S. Government or contractor 
     representatives to Australia.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 23-11

     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. They 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 Light Weight 
     Command Launch Unit (LWCLU) and a round contained in a 
     disposable launch tube assembly. The LWCLU has been 
     identified as Major Defense Equipment (MDE). The LWCLU may 
     also be used in a stand-alone mode for battlefield 
     surveillance and target detection. The LWCLU's thermal sight 
     is a 3rd generation Forward Looking Infrared (FLIR) sensor.
       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 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 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.
       8. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     Australia.

                          ____________________