[Congressional Record Volume 169, Number 92 (Tuesday, May 30, 2023)]
[Senate]
[Pages S1784-S1785]
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. 23-35, 
     concerning the Army's proposed Letter(s) of Offer and 
     Acceptance to the Government of Ukraine for defense articles 
     and services estimated to cost $285 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. 23-35

     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 Ukraine.
       (ii) Total Estimated Value:
       Major Defense Equipment * $30 million.
       Other $255 million.
       Total $285 million.
       Funding Source: National Funds.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase: The Government of 
     Ukraine has requested to buy the National Advanced Surface-
     to-Air Missile System (NASAMS), that includes:
       Major Defense Equipment (MDE):
       One (1) AN/MPQ-64F1 Sentinel Radar.
       Non-MDE: Also included are a Fire Distribution Center 
     (FDC); canister launchers, secure communications, GPS 
     receivers, code loaders, and cable sets; tool kits; test 
     equipment; support equipment; prime movers; generators; 
     technical documentation; spare parts; U.S. Government and 
     contractor technical support; and other related elements of 
     logistics and program support.
       (iv) Military Department: Army (JU-B-UAC).
       (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: May 24, 2023.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          Policy Justification

   Ukraine--National Advanced Surface-to-Air Missile System (NASAMS)

       The Government of Ukraine has requested to buy the National 
     Advanced Surface-to-Air Missile System (NASAMS), that 
     includes: one (1) AN/MPQ-64F1 Sentinel Radar. Also included 
     are a Fire Distribution Center (FDC); canister launchers, 
     secure communications, GPS receivers, code loaders, and cable 
     sets; tool kits; test equipment; support equipment; prime 
     movers; generators; technical documentation; spare parts; 
     U.S. Government and contractor technical support; and other 
     related elements of logistics and program support. The total 
     estimated cost is $285 million.
       This proposed sale will support the foreign policy goals 
     and national security objectives of the United States by 
     improving the security of a partner country that is a force 
     for political stability and economic progress in Europe.
       Ukraine has an urgent need to increase its capabilities to 
     defend against Russian missile strikes and aircraft. 
     Acquiring and effectively deploying this capability will 
     enhance Ukraine's ability to defend its people and protect 
     critical national infrastructure.
       The proposed sale of this equipment and support will not 
     alter the basic military balance in the region.
       The principal contractor will be Raytheon Missiles and 
     Defense, 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 additional U.S. Government or contractor 
     representatives to Ukraine.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 23-35

     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. National Advanced Surface-to-Air Missile System (NASAMS) 
     Medium Range Air Defense System (MRADS) Description. This is 
     a System of Systems (SOS) consisting of the Sentinel Radar, 
     the Fire Distribution Center (FDC), the AIM-120 Advanced 
     Medium Range Air-to-Air Missile (AMRAAM), the AIM-120 
     Extended Range Missile (AMRAAM-ER), and the AIM-9X Missile. 
     The NASAMS MRADS is designed for mid-range air defense and 
     can be deployed to engage fixed wing and rotary wing 
     aircraft, cruise missiles, and unmanned aerial systems 
     (UASs). The NASAMS MRADS is not a Program of Record (POR) for 
     the U.S. Department of Defense, but the SOS architecture does 
     consist of several PORs: the U.S. Army's AN/MPQ-64 Sentinel 
     radar, the U.S. Air Force's AIM-120 AMRAAM missile, and the 
     U.S. Navy's AIM-9X Missile. The NASAMS is comprised of both 
     U.S.- and Norwegian-manufactured components. Norwegian 
     components will be procured by the Raytheon Company. 
     Norwegian involvement will be managed by Raytheon using 
     export authorizations received from the U.S. Department of 
     State.
       2. NASAMS Fire Unit (FU). Consists of one fire distribution 
     center (FDC); one AN/MPQ-64F1 surveillance, acquisition, and 
     tracking radar; three truck-mounted Canister Launchers 
     (LCHR); and the High Mobility Launcher (HML).
       3. Fire Distribution Center (FDC). The command & control 
     entity, FDC, is the major operator interface in NASAMS. It 
     provides all command and control functionality necessary to 
     effectively conduct Air Defense

[[Page S1785]]

     missions, both in a stand-alone configuration as well as in a 
     netted configuration integrated with other units. The FDC 
     interfaces and controls the AN/MPQ-64F1 Sentinel radar and 
     the Canister and High Mobility-Launchers. The FDC also 
     interfaces (voice and data) to the national command and 
     control structure.
       4. AN/MPQ-64F1 Sentinel Radar. This is the organic mobile 
     Air Defense acquisition and tracking sensor for the United 
     States Army. Sentinel provides persistent air surveillance 
     and fire control quality data through command and control 
     systems to defeat UAS, cruise missiles, and fixed-wing and 
     rotary-wing aircraft threats.
       5. Canister Launcher (CLS). Purpose is to transport, aim, 
     and fire the U.S. Air Force AMRAAM, AMRAAM-ER, and the U.S. 
     Navy AIM-9X Sidewinder missiles. Under the remote control of 
     the FDC, the launcher permits rapid launching of one or more 
     missiles against single or multiple targets and can support 6 
     engagements simultaneously. The launcher provides 360-degree, 
     all weather, day and night, missile launch capability.
       6. The highest level of classification of defense articles, 
     components, and services included in this potential sale is 
     SECRET.
       7. 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.
       8. A determination has been made that Ukraine 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.
       9. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     the Government of Ukraine.

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