[Congressional Record Volume 169, Number 58 (Thursday, March 30, 2023)]
[Senate]
[Pages S1083-S1084]
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. Kevin McCarthy,
     Speaker of the House,
     House of Representatives, Washington, DC.
       Dear Mr. Speaker: Pursuant to the reporting requirements of 
     Section 36(b)(1) of the Arms Export Control Act, as amended, 
     we are forwarding herewith Transmittal No. 23-04, concerning 
     the Navy's proposed Letter(s) of Offer and Acceptance to the 
     Government of Kuwait for defense articles and services 
     estimated to cost $59.1 million. We will issue a news release 
     to notify the public of this proposed sale upon delivery of 
     this letter to your office.
           Sincerely,
                                                  James A. Hursch,
                                                         Director.
       Enclosures.
                                  ____

                                                  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. 23-04, 
     concerning the Navy's proposed Letter(s) of Offer and 
     Acceptance to the Government of Kuwait for defense articles 
     and services estimated to cost $59.1 million. We will issue a 
     news release to notify the public of this proposed sale upon 
     delivery of this letter to your office.
           Sincerely,
                                                  James A. Hursch,
                                                         Director.
       Enclosures.
                                  ____

                                                  Defense Security


                                           Cooperation Agency,

                                                   Washington, DC.
     Hon. Michael McCaul,
     Chairman, Committee on Foreign Affairs,
     House of Representatives, 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. 23-04, 
     concerning the Navy's proposed Letter(s) of Offer and 
     Acceptance to the Government of Kuwait for defense articles 
     and services estimated to cost $59.1 million. We will issue a 
     news release to notify the public of this proposed sale upon 
     delivery of this letter to your office.
           Sincerely,
                                                  James A. Hursch,
                                                         Director.
       Enclosures.


                         Transmittal No. 23-04

     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 Kuwait.
       (ii) Total Estimated Value:
       Major Defense Equipment * $0 million.
       Other $59.1 million.
       Total $59.1 million.
       Funding Source: National Funds.
       (iii) Description and Quantity or Quantities of Articles or 
     Services Under Consideration for Purchase: Foreign Military 
     Sales (FMS) case KU-P-PAK, was below congressional 
     notification threshold at $48.2 million (all non-MDE) and 
     included Cartridge Actuated Device/Propellant Actuated Device 
     (CAD/PAD) items and support for Calendar Years 2025-2026 
     (CY25-CY26).
       Major Defense Equipment (MDE):
       None.
       Non-MDE: The Government of Kuwait has requested the case be 
     amended to include additional CAD/PAD items and support for 
     the Hornet, Super Hornet and KC-130 aircraft fleet. This 
     amendment will push the current case above the non-MDE 
     notification threshold and thus requires notification of the 
     entire case. CAD/PAD items and support; engineering, 
     technical, and program support; and other related elements of 
     logistics.
       (iii) Military Department: Navy (KU-P-PAK).
       (iv) Prior Related Cases, if any: KU-P-PAG, KU-P-PAH.
       (v) Sales Commission, Fee, etc., Paid, Offered, or Agreed 
     to be Paid: None.
       (vi) Sensitivity of Technology Contained in the Defense 
     Article or Defense Services Proposed to be Sold: See Attached 
     Annex.
       (vii) Date Report Delivered to Congress: March 29, 2023.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.

[[Page S1084]]

  



                          POLICY JUSTIFICATION

Kuwait--Cartridge Actuated Device/Propellant Actuated Devices (CAD/PAD) 
                              and Support

       The Government of Kuwait has requested to buy additional 
     Cartridge Actuated Device/Propellant Actuated Devices (CAD/
     PAD) and support that will be added to a previously 
     implemented case that was under Congressional notification 
     threshold. The original FMS case, valued at $48.2 million, 
     included CAD/PAD items and support for Calendar Years 2025-
     2026 (CY25-CY26). This notification is for CAD/PAD items and 
     support of Kuwait's F/A-18 and KC-130/J aircraft fleet. Also 
     included is engineering, technical, and program support and 
     other related elements of logistics and program support. The 
     total estimated cost is $59.1 million.
       This proposed sale will support the foreign policy and 
     national security objectives of the United States by helping 
     to improve the security of a Major Non-NATO ally that has 
     been an important force for political stability and economic 
     progress in the Middle East.
       The proposed sale will provide Kuwait with the equipment 
     and sustainment support necessary to maintain its air defense 
     capacity to defend its territorial integrity and to meet its 
     national defense requirements. Kuwait 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 principal contractors are currently unknown, as there 
     will be competitive contract solicitations after FMS case 
     implementation. There are no known offset agreements proposed 
     in connection with this potential sale.
       Implementation of this sale will not require the assignment 
     of any U.S. Government or contractor representatives to 
     Kuwait.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 23-04

     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. Cartridge Actuated Device/Propellant Actuated Device 
     (CAD/PADs) are the explosive devices installed within the 
     aircraft escape and safety systems to save lives during 
     emergencies. CAD/PAD are also used to power the aircraft 
     systems that deploy weapons and jettison equipment.
       2. The highest level of classification of defense articles, 
     components, and services included in this potential sale is 
     UNCLASSIFIED.
       3. If a technologically advanced adversary were to obtain 
     knowledge of the hardware and software elements, the 
     information could be used to develop countermeasures or 
     equivalent systems which might reduce system effectiveness or 
     be used in the development of a system with similar or 
     advanced capabilities.
       4. A determination has been made that the Government of 
     Kuwait 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 are authorized for release and export to the 
     Government of Kuwait.

                          ____________________