[Congressional Record Volume 170, Number 87 (Monday, May 20, 2024)]
[Senate]
[Pages S3775-S3776]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        ARMS SALES NOTIFICATIONS

  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. 23-57, 
     concerning the Air Force's proposed Letter(s) of Offer and 
     Acceptance to the NATO Support and Procurement Agency (NSPA) 
     for defense articles and services estimated to cost $250.2 
     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. 23-57

     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: NATO Support and Procurement 
     Agency (NSPA).
       (ii) Total Estimated Value:
       Major Defense Equipment * $0.
       Other $250.2 million.
       Total $250.2 million.
       Funding Source: National Funds.
       (i) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase: Foreign Military 
     Sales case W4-D-QAF was below the congressional notification 
     threshold at $40.26 million ($0 in MDE) and included Alliance 
     Ground Surveillance (AGS) system equipment and support, 
     including: AN/APG-68 radar processors; Global Hawk engine 
     controllers; classified and unclassified spare components and 
     parts; consumables and accessories; repair and return 
     support; facilities support including storage; classified and 
     unclassified publications and technical documentation; 
     classified and unclassified software delivery and support; 
     transportation support; U.S. Government and contractor 
     engineering, technical, and logistics support services; 
     studies and surveys; and other related elements of logistics 
     and program support. The NATO Support and Procurement Agency 
     (NSPA) has requested that the case be amended to include non-
     MDE communications equipment spares and additional items and 
     services. This amendment will cause the case to exceed the 
     total case value notification threshold, and thus 
     notification of the entire program is required.
       The above notification requirements are combined as 
     follows:
       Major Defense Equipment (MDE): None.
       Non-MDE: The following non-MDE items are included: AGS 
     system equipment and support; AN/APG-68 radar processors; 
     Global Hawk engine controllers; communications equipment 
     spares; classified and unclassified spare components and 
     parts; consumables, accessories, repair and return support; 
     facilities support including storage; classified and 
     unclassified publications and technical documentation; 
     classified and unclassified software delivery and support; 
     transportation support; U.S. Government and contractor 
     engineering, technical, and logistics support services; 
     studies and surveys; and other related elements of logistics 
     and program support.
       (ii) Military Department: Air Force (W4-D-QAF).
       (iii) Prior Related Cases, if any: None.
       (iv) Sales Commission, Fee, etc., Paid, Offered, or Agreed 
     to be Paid: None known at this time.
       (v) Sensitivity of Technology Contained in the Defense 
     Article or Defense Services Proposed to be Sold: See Attached 
     Annex.
       (vi) Date Report Delivered to Congress: May 16, 2024.
       *1AAs defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

   NATO Support and Procurement Agency--Alliance Ground Surveillance 
                     Program Equipment and Support

       The NATO Support and Procurement Agency (NSPA) has 
     requested to buy communications equipment spares and 
     additional items and services that will be added to a 
     previously implemented case whose value was under the 
     congressional notification threshold. The original Foreign 
     Military Sales case, valued at $40.26 million, included 
     Alliance Ground Surveillance (AGS) system equipment and 
     support, including: AN/APG-68 radar processors; Global Hawk 
     engine controllers; classified and unclassified spare 
     components and parts; consumables and accessories; repair and 
     return support; facilities support including storage; 
     classified and unclassified publications and technical 
     documentation; classified and unclassified software delivery 
     and support; transportation support; U.S. Government and 
     contractor engineering, technical, and logistics support 
     services; studies and surveys; and other related elements of 
     logistics and program support. This notification is for the 
     combined non-MDE AGS system equipment and services, 
     including: AN/APG-68 radar processors; Global Hawk engine 
     controllers; communications equipment spares; classified and 
     unclassified spare components and parts; consumables, 
     accessories, and repair and return support; facilities 
     support including storage; classified and unclassified 
     publications and technical documentation; classified and 
     unclassified software delivery and support; transportation 
     support; U.S. Government and contractor engineering, 
     technical, and logistics support services; studies and survey 
     and other related elements of logistics and program support. 
     The estimated total cost is $250.2 million.
       This proposed sale will support the foreign policy goals 
     and national security objectives of the United States by 
     improving the security of NATO partners that are a force for 
     political stability and economic progress in the North 
     Atlantic region.
       The proposed sale will improve NATO's capability to meet 
     current and future threats by improving and sustaining Allied 
     intelligence, surveillance, and reconnaissance capabilities. 
     NATO will have no difficulty absorbing this equipment and 
     services into its armed forces.

[[Page S3776]]

       The proposed sale of this equipment and support will not 
     alter the basic military balance in the region.
       The principal contractor will be Northrop Grumman located 
     in Mojave, CA. There are no known offset agreements proposed 
     in connection with this potential sale.
       Implementation of this proposed sale will not require the 
     assignment of any additional U.S. Government or contractor 
     representatives to NATO.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 23-57

     Notice of Proposed Issuance of Letter of Offer Pursuant to 
         Section 36(b)(l) of the Arms Export Control Act

                           Annex Item No. vii

       (vii) Sensitivity of Technology:
       1. This sale includes sensitive classified and unclassified 
     spare components to sustain the aircraft, engine, and AN/APG-
     68 Synthetic Aperture Radar.
       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 advance capabilities.
       4. A determination has been made that NATO 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 
     NATO.

                          ____________________