[Congressional Record Volume 169, Number 142 (Tuesday, September 5, 2023)]
[Senate]
[Pages S3881-S3882]
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,

[[Page S3882]]

     we are forwarding herewith Transmittal No. 23-59, concerning 
     the Army's proposed Letter(s) of Offer and Acceptance to the 
     Government of Australia for defense articles and services 
     estimated to cost $975 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. 23-59

     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 * $902 million.
       Other $73 million.
       Total $975 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Up to twenty-two (22) M142 High Mobility Artillery Rocket 
     Systems (HIMARS)
       Sixty (60) M30A1 Guided Multiple Launch Rocket System 
     (GMLRS) Alternative Warhead (AW) Pods with Insensitive 
     Munitions Propulsion System (IMPS)
       Forty (40) M31A1 GMLRS Unitary (GMLRS-U) High Explosive 
     (HE) Pods with IMPS
       Sixty-six (66) M30A2 Extended Range (ER)-GMLRS AW Pods
       Twenty-four (24) M31A2 ER GMLRS Unitary (HE) Pods
       Non-MDE: Also included are Reduced Range Practice Rocket 
     (RRPR) Pods; intercom systems to support the HIMARS Launcher; 
     M1084A2 HIMARS Re-Supply Vehicles (RSV); trailers; 9300-
     SL60TN Forklift, Side Loader; radio/communication mounts; 
     machine gun mounts; wheel guards; ruggedized laptops; 
     training; training equipment; publications for HIMARS and its 
     munitions and spares; services; other support equipment; and 
     other related elements of program and logistic support.
       (iv) Military Department: Army (AT-B-UNP).
       (v) Prior Related Cases, if any: AT-B-UMJ, AT-B-UMK, AT-B-
     UKI.
       (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: August 18, 2023.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

    Australia--M142 High Mobility Artillery Rocket Systems (HIMARS)

       The Government of Australia has requested to buy up to 
     twenty-two (22) M142 High Mobility Artillery Rocket Systems 
     (HIMARS); sixty (60) M30A1 Guided Multiple Launch Rocket 
     System (GMLRS) Alternative Warhead (AW) Pods with Insensitive 
     Munitions Propulsion System (IMPS); forty (40) M31A1 GMLRS 
     Unitary (GMLRS-U) High Explosive (HE) Pods with IMPS; sixty-
     six (66) M30A2 Extended Range (ER)-GMLRS AW Pods; and twenty-
     four (24) M31A2 ER GMLRS Unitary (HE) Pods. Also included are 
     Reduced Range Practice Rocket (RRPR) Pods; intercom systems 
     to support the HIMARS Launcher; M1084A2 HIMARS Re-Supply 
     Vehicles (RSV); trailers; 9300-SL60TN Forklift, Side Loader; 
     radio/communication mounts; machine gun mounts; wheel guards; 
     ruggedized laptops; training; training equipment; 
     publications for HIMARS and its munitions, and spares; 
     services; other support equipment; and other related elements 
     of program and logistic support. The estimated total program 
     cost is $975 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 Australia's capability to 
     meet current and future threats, and will enhance 
     interoperability with U.S. forces and other allied forces. 
     Australia will use the capability to strengthen its homeland 
     defense and provide greater security for its critical 
     infrastructure. 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 principal contractors will be Lockheed Martin, Grand 
     Prairie, TX; L3Harris Corporation, Melbourne, FL; Leonardo 
     DRS, Arlington, VA; and Oshkosh Corporation, Stafford, VA. 
     There are no known offset agreements in connection with this 
     potential sale.
       Implementation of this proposed sale will not require the 
     assignment of 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. 23-59

     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 Ml42 High Mobility Artillery Rocket System (HIMARS) 
     is a wheeled launcher mounted on a 5-ton Family of Medium 
     Tactical Vehicles truck chassis and is transportable by C-
     130. HIMARS is the modern Army-fielded version of the 
     Multiple Launch Rocket System (MLRS) M270 launcher and can 
     fire all of the MLRS Family of Munitions (FOM), including 
     Guided Multiple Launch Rocket System (GMLRS) variants and the 
     Army Tactical Missile System (ATACMS). Utilizing the MLRS 
     FOM, the HIMARS can engage targets between 15 and 300 
     kilometers with GPS-aided precision accuracy.
       2. The Guided Multiple Launch Rocket System (GMLRS) M31A2 
     Unitary is the Army's primary munition for units fielding the 
     M142 HIMARS and M270A1 Multiple Launcher Rocket System (MLRS) 
     Launchers. The M31 Unitary is a solid propellant artillery 
     rocket that uses Global Positioning System/Precise 
     Positioning Service (GPS/PPS)-aided inertial guidance to 
     deliver a single high-explosive blast fragmentation warhead 
     accurately and quickly to targets at ranges from 15-70 
     kilometers. The rockets are fired from a launch pod container 
     that also serves as the storage and transportation container 
     for the rockets. Each rocket pod holds six (6) total rockets.
       3. The M30A2 GMLRS Alternative Warhead shares a greater 
     than 90% commonality with the M31A1 Unitary. The primary 
     difference between the GMLRS-U and GMLRS-AW is the 
     replacement of the Unitary's high explosive warhead with a 
     200-pound fragmentation warhead of pre-formed tungsten 
     penetrators which is optimized for effectiveness against 
     large area and imprecisely located targets. The munitions 
     otherwise share a common motor, GPS/PPS-aided inertial 
     guidance and control system, fusing mechanism, multi-option 
     height of burst capability, and effective range of 15-70km.
       4. The Extended Range (ER) GMLRS provides a persistent, 
     responsive, all-weather, rapidly deployed, long-range, 
     surface-to-surface, area- and point-precision strike 
     capability. The XM403 Alternative Warhead (AW) carries a 200-
     pound fragmentation assembly filled with high explosives 
     which, upon detonation, accelerates two layers of preformed 
     penetrators optimized for effectiveness against large area 
     and imprecisely located targets. The XM404 Unitary variant is 
     a 200-pound class unitary with a steel blast-fragmentation 
     case, designed for low collateral damage against point 
     targets. The ER GMLRS maintains the accuracy and 
     effectiveness demonstrated by the baseline GMLRS out to a 
     maximum range of 150 km while also including a new Height of 
     Burst (HOB) capability.
       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 
     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 are authorized for release and export to 
     Australia.

                          ____________________