[Congressional Record Volume 170, Number 21 (Tuesday, February 6, 2024)]
[Senate]
[Page S418]
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 still 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) of the Arms Export Control Act, as 
     amended, we are forwarding herewith Transmittal No. 23-73, 
     concerning the Army's proposed Letter(s) of Offer and 
     Acceptance to the Government of the Netherlands for defense 
     articles and services estimated to cost $150 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. 23-73

     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.
       (ii) Total Estimated Value:
       Major Defense Equipment * $140 million.
       Other $10 million.
       Total $150 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE): Up to three hundred eighty-
     six (386) Hellfire Air-to-Ground Missiles, AGM-114R2.
       Non-MDE: Also included is U.S. Army Aviation and Missile 
     Command (AMCOM) Security Assistance Management Directorate 
     (SAMD) technical assistance; Tactical Aviation and Ground 
     Munitions (TAGM) Project Office technical assistance; non-
     standard books, publications, and other Hellfire 
     publications; integration support; and other related elements 
     of logistics and program support.
       (iv) Military Department: Army (NE-B-YAY, NE-B-YAZ).
       (v) Prior Related Cases. if any: NE-B-WFV.
       (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 2, 2024.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

                   The Netherlands--Hellfire Missiles

       The Government of the Netherlands has requested to buy up 
     to three hundred eighty-six (386) Hellfire Air-to-Ground 
     Missiles, AGM-114R2. Also included is U.S. Army Aviation and 
     Missile Command (AMCOM) Security Assistance Management 
     Directorate (SAMD) technical assistance; Tactical Aviation 
     and Ground Munitions (TAGM) Project Office technical 
     assistance; non-standard books, publications, and other 
     Hellfire publications; integration support; and other related 
     elements of logistics and program support. The estimated 
     total cost is $150 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 strengthen its homeland defense and deter regional 
     threats. This will contribute to its military goals of 
     updating capability while further enhancing interoperability 
     with the United States and other allies. The Netherlands 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 contractor will be Lockheed Martin 
     Corporation in Orlando, FL. The purchaser typically requests 
     offsets. Any offset agreement will be defined in negotiations 
     between the purchaser and the contractor(s).
       Implementation of this proposed sale will require U.S. 
     Government or contractor representatives to travel to the 
     Netherlands for program management reviews to support the 
     program.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 23-73

     Notice of Proposed Issuance of Letter of Offer Pursuant to 
         Section 36(b)(1) of the Arms Export Control Act, as 
         amended

                           Annex Item No. vii

       (vii) Sensitivity of Technology:
       1. The AGM-114R2 Hellfire Missile is used against heavy and 
     light armored targets, thin skinned vehicles, urban 
     structures, bunkers, caves, and personnel. The missile is 
     Inertial Measurement Unit (IMU) based, with a variable delay 
     fuse, and improved safety and reliability.
       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 the Government of 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.
       5. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     the Government of the Netherlands.

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