[Congressional Record Volume 169, Number 202 (Thursday, December 7, 2023)]
[Senate]
[Pages S5844-S5845]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        ARMS SALES NOTIFICATION

  Mr. CARDIN. 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 S5845]]


                                                  Defense Security


                                           Cooperation Agency,

                                                   Washington, DC.
     Hon. Benjamin L. Cardin,
     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. 23-0U. 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 14-12 of May 13, 
     2014.
           Sincerely,
                                                  James A. Hursch,
                                                         Director.
       Enclosure.


                         Transmittal No. 23-0U

     Report of Enhancement or Upgrade of Sensitivity of Technology 
         or Capability (Sec. 36(B)(5)(C), AECA)
       (i) Purchaser: Government of Australia.
       (ii) Sec. 36(b)(1), AECA Transmittal No.: 14-12, Date: May 
     13, 2014; Military Department: Navy.
       (iii) Description: On May 13, 2014, Congress was notified 
     by Congressional certification transmittal number 14-12, of 
     the possible sale, under Section 36(b)(1) of the Arms Export 
     Control Act of up to 350 AIM-9X-2 Sidewinder Tactical 
     Missiles; 35 AIM-9X Special Air Training Missiles (NATM); 95 
     AIM-9X-2 Captive Air Training Missiles (CATM); 22 AIM-9X-2 
     Tactical Guidance Units; 19 CATM-9X-2 Guidance Units; and 3 
     DATM- 9X. Also included were containers, test sets and 
     support equipment, spare and repair parts, publications and 
     technical documents, personnel training and training 
     equipment, U.S. Government and contractor technical 
     assistance, and other related elements of logistics and 
     program support. The estimated total cost was $534 million. 
     Major Defense Equipment (MDE) constituted $476 million of 
     this total.
       On January 9, 2018, Congress was notified by Congressional 
     certification transmittal number 0W-17 of the change from 350 
     AIM-9X-2 Sidewinder Tactical Missiles to reflect 300 AIM-9X 
     Sidewinder Block II+ Tactical Missiles and 50 AIM-9X-2 
     Sidewinder Tactical Missiles. Additionally, this transmittal 
     reported the inclusion of 11 CATM-9X-2 Missile Guidance 
     Units. The total notified cost of MDE remained $476 million. 
     The total notified case value remained $534 million.
       On December 4, 2020, Congress was notified by Congressional 
     certification transmittal number 0A-21 of the addition of 
     four (4) AIM-9X Block II+ Tactical Missile Guidance Units. 
     The total MDE value increase by $1 million to $477 million. 
     The estimated total case value remained $534 million.
       This transmittal notifies inclusion of the following MDE: 
     an additional ten (10) AIM-9X Block II Sidewinder Tactical 
     Guidance Units; thirty-two (32) AIM-9X Block II+ Sidewinder 
     Tactical Guidance Units; and ninety (90) AIM-9X Block II 
     Sidewinder CATM Guidance Units. The estimated total value of 
     the new items is $28 million. The net cost of MDE will 
     increase by $28 million, resulting in a revised MDE value of 
     $505 million. The estimated total case value will remain $534 
     million.
       (iv) Significance: The proposed sale will improve 
     Australia's capability to effectively maintain its current 
     force projection and enhance interoperability with U.S. 
     forces.
       (v) Justification: 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.
       (vi) Sensitivity of Technology:
       The AIM-9X Block II and Block II+ (Plus) SIDEWINDER Missile 
     represents a substantial increase in missile acquisition and 
     kinematics performance over the AIM-9M and replaces the AIM-
     9X Block I Missile configuration. The missile includes a high 
     off-boresight seeker, enhanced countermeasure rejection 
     capability, low drag/high angle of attack airframe, and the 
     ability to integrate the Helmet Mounted Cueing System. The 
     most current AIM-9X Block II/II+ Operational Flight Software 
     developed for all international partner countries, which is 
     authorized by U.S. Government export policy, provides fifth-
     generation infrared missile capabilities such as lock-on-
     after-launch, weapons data link, surface attack, and surface 
     launch. No software source code or algorithms will be 
     released.
       The Sensitivity of Technology Statement contained in the 
     original notification applies to additional 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: December 5, 2023.

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