[Congressional Record Volume 169, Number 142 (Tuesday, September 5, 2023)]
[Senate]
[Pages S3885-S3886]
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)(5)(C) of the Arms Export Control Act (AECA), 
     as amended, we are forwarding Transmittal No. 23-0M. This 
     notification relates to enhancements or upgrades from the 
     level of sensitivity of technology or capability described in 
     the Section 36(b)(1) AECA certification 21-24 dated March 12, 
     2021.
           Sincerely,
                                                  James A. Hursch,
                                                         Director.
       Enclosure.


                         Transmittal No. 23-0M

     Report of Enhancement or Upgrade of Sensitivity of Technology 
         or Capability (Sec. 36(b)(5)(C), AECA)
       (i) Purchaser: Government of Germany.
       (ii) Sec. 36(b)(l), AECA Transmittal No.: 21-24; Date: 
     March 12, 2021; Implementing Agency: Navy.
       (iii) Description: On March 12, 2021, Congress was notified 
     by Congressional certification transmittal number 21-24 of 
     the possible sale, under Section 36(b)(1) of the Arms Export 
     Control Act, of five (5) P-8A Patrol Aircraft; nine (9) 
     Multifunctional Information Distribution System Joint 
     Tactical Radio Systems 5 (MIDS JTRS 5); and twelve (12) LN-
     251 with Embedded Global Positioning Systems (GPS)/Inertial 
     Navigations Systems (EGls). Also included were commercial 
     engines; Tactical Open Mission Software (TOMS); Electro-
     Optical (EO) and Infrared MX-20HD; AN/AAQ-2(V) I Acoustic 
     System; AN/APY-10 radar; ALQ-240 Electronic Support Measures; 
     NexGen Missile Warning Sensors; AN/PRC-117O Manpack radios 
     include MPE-S type II with SAASM 3.7; Global Positioning 
     Systems (GPS) 524D Precise Positioning System (PPS) for APY-
     10 Radar; AN/ALQ-213 Electronic Counter Measures; AN/ALE-47 
     Counter Measures Dispensing Systems; AN/UPX JFF 
     Interrogators; APX-123A(C) IFF Digital Transponders; KIV-78 
     IFF Mode 5 Cryptographic Appliques; CCM-701A Cryptographic 
     Core Modules; KY-l00M, KY-58, KYV-5 for HF-121C radios; AN/
     PYQ-10 V3 Simple Key Loaders (SKL) with KOV-21 Cryptographic 
     Appliques; aircraft spares; spare engine; support equipment; 
     operational support systems; training; training devices; 
     maintenance trainer/classrooms; publications; software; 
     engineering technical assistai1ee (ETA); logistics technical 
     assistance (LTA); Country Liaison Officer (CLO) support; 
     Contractor Engineering Technical Services (CETS); repair and 
     return (RoR); transportation; aircraft ferry; other 
     associated training and support; and other related elements 
     of logistics and program support. The total estimated program 
     cost was $1.77 billion. Major Defense Equipment (MDE) 
     constituted $1.10 billion of this total.
       On April 1, 2022, Congress was notified by Congressional 
     certification transmittal number 0D-22 of the inclusion of 
     the following Major Defense Equipment (MDE) items: eight (8) 
     LAIRCM System Processor Replacements (LSPR) (each included 8 
     Exelis EGR Global Positioning System (GPS) Receivers 
     integrated with Selective Availability Anti-Spoofing Modules 
     (SAASM); and seven (7) Guardian Laser Transmitter Assemblies 
     (GLTA)). The following non-MDE items were also included: AN/
     ARC 210 RT-2036(C) radios; Control Interface Unit (CIU) for 
     the AN/AAQ 24(V)N; dual KIV-7Ms; CCM-700A cryptographic 
     modules; KG-175 Encryptor Network Convergence Systems; 
     Advanced Digital Antenna Production (ADAP) Antenna 
     Electronics (AE); and Advanced Digital Antenna Production 
     (ADAP) Controlled Reception Pattern Antenna (CRPA) antennas. 
     The total value of these new items was $13.5 million but did 
     not cause an increase in the total estimated program cost, as 
     pricing was factored in the initial notification. The total 
     estimated program cost remained $1.77 billion, with the total 
     MDE cost remaining $1.10 billion of total program cost.
       This transmittal reports the addition of the following MDE 
     items: three (3) P-8A Patrol Aircraft; six (6) 
     Multifunctional Information Distribution System Joint 
     Tactical Radio Systems 5 (MIDS JTRS 5); seven (7) LN-251 with 
     Embedded Global Positioning Systems (GPS)/Inertial Navigation 
     Systems (EGis); five (5) Large Aircraft Infrared 
     Countermeasures (LAIRCM) System Processor Replacements (each 
     includes five (5)) Exelis EGR Global Positioning System (OPS) 
     Receivers integrated with Selective Availability Anti-
     Spoofing Modules (SAASM); and four (4) Guardian Laser 
     Transmitter Assemblies (GL TA). The following non-MDE items 
     will also be included: aircraft. spare parts; spare engines; 
     support equipment; operational support systems; training; 
     training devices; software; engineering technical assistance 
     (ETA); logistics technical assistance

[[Page S3886]]

     (LTA); repair and return (RoR); transportation; aircraft 
     ferry; and other related elements of engineering, logistics, 
     and program management support. The addition of these items 
     will result in a net increase in MDE cost of $800 million, 
     resulting in a revised MDE cost of $1.9 billion. The total 
     estimated case value will increase to $3.2 billion.
       (iv) Significance: This notification is being provided as 
     the additional MDE items were not enumerated in the original 
     notifications. The proposed articles and services will 
     support Germany's capability to meet current and future 
     threats by providing critical capabilities to coalition 
     maritime operations and will increase interoperability 
     between the United States and Germany.
       (v) Justification: This proposed sale will support the 
     foreign policy and national security of the United States by 
     improving the security of a North Atlantic Treaty 
     Organization (NATO) Ally which is an important force for 
     political and economic stability in Europe.
       (vi) Sensitivity of Technology: The Sensitivity of 
     Technology Statement contained in the original notification 
     applies to the items reported here.
       The highest level of classification of defense articles, 
     components, and services included in this potential sale is 
     SECRET.
       (vii) Date Report Delivered to Congress: July 31, 2023.

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