[Congressional Record Volume 170, Number 21 (Tuesday, February 6, 2024)]
[Senate]
[Pages S418-S419]
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 that have been received. 
If the cover letter references a classified annex, then such an 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. 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)(1) or the Arms Export Control Act, as 
     amended, we are forwarding herewith Transmittal No. 23-89, 
     concerning the Air Force's proposed Letter( s) of Offer and 
     Acceptance to the Government of the Netherlands for defense 
     articles and services estimated to cost $908 million. We will 
     issue a news release to notify the public or this proposed 
     sale upon delivery of this letter to your office.
           Sincerely,
                                                       Mike Miller
                                  (For James A. Hursch, Director).
       Enclosures.


                         transmittal no. 23-89

     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 the Netherlands.

[[Page S419]]

       (ii) Total Estimated Value:
       Major Defense Equipment* $351 million.
       Other $557 million.
       Total $908 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       One hundred twenty (120) AGM-158B/B-2 Joint Air-to-Surface 
     Standoff Missiles with Extended Range (JASSM-ER) All-Up-
     Rounds.
       Fifteen (15) AGM-158 Inert JASSMs with Test Instrumentation 
     Kits.
       Two (2) AGM-158 JASSM Separation Test Vehicles.
       One (1) AGM-158 Instrumented Test Vehicle.
       Two (2) JASSM Jettison Test Vehicles.
       Non-MDE: Also included are AGM-158 JASSM Dummy Air Training 
     Missiles (DATM) and containers; KGV-135A encryption devices; 
     test and integration equipment and support; spare parts, 
     consumables, accessories, and repair and return support; 
     munitions support and support equipment; classified and 
     unclassified publications and technical documentation; 
     Contractor Logistics Support (CLS); transportation support; 
     personnel training and training equipment; studies and 
     surveys; U.S. Government and contractor engineering, 
     technical, and logistics support services; and other related 
     elements of logistics and program support.
       (iv) Military Department: Air Force (NE-D-YAI)
       (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: February 5, 2024.
       * as defined in Section 47
       (6) of the Arms Export Control Act.


                          policy justification

 The Netherlands--Joint Air-to-Surface Standoff Missiles with Extended 
                                 Range

       The Government of the Netherlands has requested to buy one 
     hundred twenty (120) AGM-158B/B-2 Joint Air-to-Surface 
     Standoff Missiles with Extended Range (JASSM-ER) All-Up-
     Rounds; fifteen (15) AGM-158 Inert JASSMs with Test 
     Instrumentation Kits; two (2) AGM-158 JASSM Separation Test 
     Vehicles; one (1) AGM-158 Instrumented Test Vehicle; and two 
     (2) JASSM Jettison Test Vehicles. Also included are AGM-158 
     JASSM Dummy Air Training Missiles (DATM) and containers; KGV-
     135A encryption devices; test and integration equipment and 
     support; spare parts, consumables, accessories, and repair 
     and return support; munitions support and support equipment; 
     classified and unclassified publications and technical 
     documentation; Contractor Logistics Support (CLS); 
     transportation support; personnel training and training 
     equipment; studies and surveys; U.S. Government and 
     contractor engineering, technical, and logistics support 
     services; and other related elements of logistics and program 
     support. The estimated total cost is $908 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 a force for 
     political stability and economic progress in Europe.
       The proposed sale will improve the Netherlands' capability 
     to meet current and future threats by increasing its 
     airborne, long-range, precision-strike combat capability. The 
     Netherlands will use these systems to defend NATO Allies and 
     deter aggression. The Netherlands will have no difficulty 
     absorbing these articles 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 Lockheed Martin Missiles 
     and Fire Control, Orlando, FL. The purchaser typically 
     requests offsets. Any offset agreement will be defined in 
     negotiations between the purchaser and the contractor.
       Implementation of this proposed sale will not require the 
     assignment of any additional U.S. Government or contractor 
     representatives to the Netherlands.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         transmittal no. 23-89

     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 AGM-158B Joint Air-to-Surface Standoff Missile with 
     Extended Range (JASSM-ER) All-Up-Round is a low-observable, 
     highly-survivable, subsonic cruise missile designed to 
     penetrate next-generation air defense systems enroute to 
     target. The JASSM-ER is designed to kill hard, medium-
     hardened, soft, and area type targets. The extended range 
     over the baseline was obtained by going from a turbo jet to a 
     turbo-fan engine and by reconfiguring the fuel tanks for 
     added capacity.
       The AGM-158B-2 system capabilities include all the 
     capabilities of the AGM-158B. The AGM-158B-2 configuration 
     will have different internal components to address multiple 
     obsolescence issues as well as subcomponent updates to 
     position for M-Code and other potential upgrades.
       2. The KGV-135A is a high-speed, general purpose encryptor/
     decryptor module used for wide-band data encryption.
       3. The highest level of classification of defense articles, 
     components, and services included in this potential sale is 
     SECRET.
       4. 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.
       5. A determination has been made that the Netherlands 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.
       6. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     the Netherlands.

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