[Congressional Record Volume 169, Number 105 (Thursday, June 15, 2023)]
[Senate]
[Pages S2119-S2120]
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:


[[Page S2120]]


                                                  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. 23-36, 
     concerning the Army's proposed Letter(s) of Offer and 
     Acceptance to the Government of Spain for defense articles 
     and services estimated to cost $48.2 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. 23-36

     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 Spain.
       (ii) Total Estimated Value:
       Major Defense Equipment * $32.8 million.
       Other $15.4 million.
       Total $48.2 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase: Foreign Military 
     Sales (FMS) case SP-B-WAT was below congressional 
     notification threshold at $21.87 million ($12.20 million in 
     MDE) and included one hundred eighteen (118) M982A1 Excalibur 
     tactical projectiles. The Government of Spain has requested 
     that the case be amended to include an additional one hundred 
     fifty-three (153) M982A1 Excalibur tactical projectiles. This 
     amendment will push the current case above the MDE 
     notification threshold and thus requires notification of the 
     entire case.
       Major Defense Equipment (MDE): Two hundred seventy-one 
     (271) M982A1 Excalibur Tactical Projectiles.
       Non-MDE: Also included is a portable electronic Fire 
     Control System (FCS); Improved Platform Integration Kit; 
     Propelling Charge Modular Artillery Charge System; Simple Key 
     Loaders (SKL); crypto cable; training aids; technical data; 
     U.S. Government technical assistance; transportation; 
     Excalibur spare parts; artillery cleaning sections; new 
     equipment training; repair and return support equipment; 
     support related to collateral damage estimation tables; and 
     other related elements of logistics and program support.
       (iv) Military Department: Army (SP-B-WAT).
       (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: June 14, 2023.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

                      Spain--Excalibur Projectiles

       The Government of Spain has requested to buy an additional 
     one hundred fifty-three (153) M982A1 Excalibur tactical 
     projectiles that will be added to a previously implemented 
     case whose value was under the congressional notification 
     threshold. The original FMS case, valued at $21.87 million, 
     included one hundred eighteen (118) M982A1 Excalibur tactical 
     projectiles. This notification is for a combined total of two 
     hundred seventy-one (271) M982A1 Excalibur tactical 
     projectiles. Also included is a portable electronic Fire 
     Control System (FCS); Improved Platform Integration Kit; 
     Propelling Charge Modular Artillery Charge System; Simple Key 
     Loaders (SKL); crypto cable; training aids; technical data; 
     U.S. Government technical assistance; transportation; 
     Excalibur spare parts; artillery cleaning sections; new 
     equipment training; repair and return support equipment; 
     support related to collateral damage estimation tables; and 
     other related elements of logistics and program support. The 
     total estimated cost is $48.2 million.
       This proposed sale will support the foreign policy and 
     national security of the United States by improving the 
     security of a NATO ally which is an important force for 
     political stability and economic progress in Europe.
       The proposed sale will improve Spain's capability to meet 
     current and future threats and will enhance interoperability 
     with U.S. forces and other allied forces. The enhanced 
     capability will also strengthen its homeland defense. Spain 
     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 contractor will be Raytheon Company Missile 
     Systems, McAlester, OK. 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 
     Spain.
       There will be no adverse impact on U.S. defense readiness 
     because of this proposed sale.


                         Transmittal No. 23-36

     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 M982A1 Excalibur 155 mm, High Explosive Projectile 
     is an all up projectile with Global Positioning System (GPS)-
     aided precision guidance capability. The Excalibur provides 
     the ability to accurately engage targets at distances up to 
     25 miles. Excalibur is commonly fired from U.S. Army and 
     Marine Corps towed and self-propelled howitzer systems, 
     including the M777 and M109.
       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 Spain 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 
     the Government of Spain.

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