[Congressional Record Volume 169, Number 117 (Monday, July 10, 2023)]
[Senate]
[Pages S2278-S2279]
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. 23-41, 
     concerning the Air Force's proposed Letter(s) of Offer and 
     Acceptance to the Government of Norway for defense articles 
     and services estimated to cost $293 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. 23-41

     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 Norway.
       (ii) Total Estimated Value:
       Major Defense Equipment* $248 million.
       Other $45 million.
       Total $293 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services Under Consideration for Purchase: Foreign Military 
     Sales (FMS) case NO-D-AAG was below the congressional 
     notification threshold at $18.9 million ($7.2 million in 
     Major Defense Equipment (MDE)), and included twenty (20 
     Guided Bomb Unit (GBU)-53/B Small Diameter Bombs-Increment II 
     (SDB-II) All-Up-Rounds

[[Page S2279]]

     (AURs). The Government of Norway has requested the case be 
     amended to include up to an additional five hundred eighty 
     (580) GBU-53/B SDB-II AURs. This amendment will increase the 
     MDE and total case values above notification thresholds and 
     thus requires notification of the entire case.
       Major Defense Equipment (MDE):
       Up to Six Hundred (600) GBU-53/B Small Diameter Bombs-
     Increment II (SDB-II) All-Up-Rounds (AURs).
       Non-MDE: Also included are SDB-II Weapon Load Crew Trainers 
     (WLCT) and Practical Explosive Ordnance Disposal Trainers 
     (PEDT); munitions support and support equipment; unclassified 
     software delivery and support; spare parts, consumables, and 
     accessories; repair and return support; modifications and 
     maintenance support; transportation support; unclassified 
     publications and technical documentation; personnel training 
     equipment and support; studies and surveys; U.S. Government 
     and contractor engineering, technical, and logistics support 
     services; and other related elements of logistical and 
     program support.
       (iv) Military Department: Air Force (NO-D-AAG).
       (v) Prior Related Cases, if any: None.
       (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: June 28, 2023.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

                     Norway--Small Diameter Bomb II

       The Government of Norway has requested to buy up to five 
     hundred eighty (580) GBU-53/B Small Diameter Bombs-Increment 
     II (SDB-II) All-Up-Rounds (AURs) that will be added to a 
     previously implemented case. The original foreign military 
     sales (FMS) case, valued at $18.9 mi1lion, included twenty 
     (20) GBU-53/B, SDB-II AURs. This amendment will increase the 
     MDE and total case values above notification thresholds and 
     thus requires notification of the entire case. Therefore, 
     this notification is for a total of up to six hundred (600) 
     GBU-53/B, SDB-II AURs. Also included are SDB-II Weapon Load 
     Crew Trainers (WLCT) and Practical Explosive Ordnance 
     Disposal Trainers (PEDT); munitions support and support 
     equipment; unclassified software delivery and support; spare 
     parts, consumables, and accessories; repair and return 
     support; modifications and maintenance support; 
     transportation support; unclassified publications and 
     technical documentation; personnel training equipment and 
     support; studies and surveys; U.S. Government and contractor 
     engineering, technical, and logistics support services; and 
     other related elements of logistical and program support. The 
     total estimated cost is $293 million.
       This proposed sale will support the foreign policy goals 
     and national security objectives of the United States by 
     improving the security of a NATO Ally that is an important 
     force for political stability and economic progress in 
     Europe.
       The proposed sale will improve Norway's capability to meet 
     current and future threats by bolstering operational 
     readiness while enhancing air and defense capabilities with a 
     modernized weapon to support the new F-35A fleet. Norway will 
     have no difficulty absorbing this equipment and services 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 Missile Systems, 
     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 Norway.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 23-41

     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 GBU-53 Small Diameter Bomb-Increment II (SDB-II) 
     StormBreaker All-Up Round (AUR) is a 250-pound class 
     precision-guided, semiautonomous, conventional, air-to-ground 
     munition used to defeat moving targets through adverse 
     weather from standoff range. The SDB-II has deployable wings 
     and fins and uses Global Positioning System/Inertial 
     Navigation System (GPS/INS) guidance, network-enabled 
     datalink (Link-16 and Ultra High Frequency), and a multi-mode 
     seeker (millimeter wave radar, imaging infrared, semi-active 
     laser) to autonomously search, acquire, track, and defeat a 
     variety of moving or stationary targets, at standoff range or 
     close in, including a variety of attack modes. The SDB-II 
     employs a multi-effects warhead (blast, fragmentation, and 
     shaped-charge) for maximum lethality against armored and soft 
     targets. The SDB-II weapon system consists of the tactical 
     AUR weapon, a 4-place common carriage system, and mission 
     planning system munitions application program (MAP).
       a. The SDB-II Weapon Load Crew Trainer (WLCT) is a mass 
     mockup of the tactical AUR used for load crew and maintenance 
     training. It does not contain energetics, a live fuze, any 
     sensitive components, or hazardous material. It is not flight 
     certified.
       b. The SDB-II Practical Explosive Ordnance Disposal Trainer 
     (PEST) is an Explosive Ordnance Disposal (EOD) training unit 
     with sections and internal subassemblies which are identical 
     to, or correlate to, the external hardware, sections, and 
     internal subassemblies of the tactical AUR. The PEST does not 
     contain energetics, a live fuze, any sensitive components, or 
     hazardous material. It is not flight certified.
       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 Norway 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 Norway.

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