[Congressional Record Volume 170, Number 140 (Tuesday, September 10, 2024)]
[Senate]
[Pages S5916-S5917]
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. 24-70, 
     concerning the Army's proposed Letter(s) of Offer and 
     Acceptance to the Government of Germany for defense articles 
     and services estimated to cost $5.0 billion. We will issue a 
     news release to notify the public

[[Page S5917]]

     of this proposed sale upon delivery of this letter to your 
     office.
           Sincerely,
                                                  J. Aaron Harding
                         (For Michael F. Miller, Acting Director).
       Enclosures.


                         Transmittal No. 24-70

     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 Germany
       (ii) Total Estimated Value:
       Major Defense Equipment * $4.0 billion.
       Other $1.0 billion.
       Total $5.0 billion.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Six hundred (600) PATRIOT Advanced Capability-3 (PAC-3) 
     Missile Segment Enhancement (MSE) missiles (includes ten (10) 
     fly-to-buy missiles).
       Non-Major Defense Equipment: The following non-MDE items 
     will also be included: tools and test equipment; range and 
     test programs; support equipment; associated publications and 
     technical documentation; training equipment; spare and repair 
     parts; new equipment training; transportation; quality 
     assurance team support; U.S. Government and contractor 
     technical assistance, engineering, and logistics support 
     services; systems integration and checkout; field office 
     support; participation in the International Engineering 
     Services Program and Field Surveillance Programs; launcher 
     modification kits; MSE conversion kits; and other related 
     elements of logistics and program support.
       (iv) Military Department: Army (GY-B-XBY).
       (v) Prior Related Cases, if any: GY-B-XAX, GY-B-XAV.
       (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed 
     to be Paid: None.
       (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: August 15, 2024.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          Policy Justification

  Germany--PATRIOT Advanced Capability-3 Missile Segment Enhancement 
                                Missiles

       The Government of Germany has requested to buy six hundred 
     (600) PATRIOT Advanced Capability-3 (PAC-3) Missile Segment 
     Enhancement (MSE) missiles (includes ten (10) fly-to-buy 
     missiles). The following non-MDE items will also be included: 
     tools and test equipment; range and test programs; support 
     equipment; associated publications and technical 
     documentation; training equipment; spare and repair parts; 
     new equipment training; transportation; quality assurance 
     team support; U.S. Government and contractor technical 
     assistance, engineering, and logistics support services; 
     systems integration and checkout; field office support; 
     participation in the International Engineering Services 
     Program and Field Surveillance Programs; launcher 
     modification kits; MSE conversion kits; and other related 
     elements of logistics and program support. The estimated 
     total cost is $5.0 billion.
       This proposed sale will support the foreign policy and 
     national security of the United States by improving the 
     security of a NATO Ally that is an important force for 
     political and economic stability in Europe.
       The proposed sale will improve Germany's capability to meet 
     current and future threats and increase the defensive 
     capabilities of its military. It will support Germany's goal 
     of improving national and territorial defense as well as 
     interoperability with U.S. and NATO forces. Germany 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 prime contractor will be Lockheed Martin, located in 
     Dallas, TX. The purchaser typically requests offsets. Any 
     offset agreement will be defined in negotiations between the 
     purchaser and the contractor.
       Inplementation of this proposed sale will not require the 
     assignment of any additional U.S. Government or contractor 
     representatives to Germany.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 24-70

     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 PATRIOT Advanced Capability (PAC) 3 Missile Segment 
     Enhancement missile is a small, highly agile, kinetic kill 
     interceptor for defense against tactical ballistic missiles, 
     cruise missiles, and air-breathing threats. The MSE variant 
     of the PAC-3 missile represents the next generation in hit-
     to-kill interceptors and provides expanded battlespace 
     against evolving threats. The PAC-3 MSE improves upon the 
     original PAC-3 capability with a higher performance solid 
     rocket motor, modified lethality enhancer, more responsive 
     control surfaces, upgraded guidance software, and insensitive 
     munitions improvements.
       2. The highest level of classification of defense articles, 
     components, and services included in this potentiai sale is 
     CONFIDENTIAL.
       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 
     Germany 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 Germany.

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