[Congressional Record (Bound Edition), Volume 162 (2016), Part 3]
[Senate]
[Pages 3685-3686]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        ARMS SALES NOTIFICATION

  Mr. CORKER. Madam 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:

                                                  Defense Security


                                           Cooperation Agency,

                                                    Arlington, VA.
     Hon. Bob Corker,
     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. 16-23, 
     concerning the Department of the Air Force's proposed 
     Letter(s) of Offer and Acceptance to the Government of 
     Australia for defense articles and services estimated to cost 
     $386 million. After this letter is delivered to your office, 
     we plan to issue a news release to notify the public of this 
     proposed sale.
           Sincerely,

                                            Jennifer Zakriski,

                                    (for J.W. Rixey, Vice Admiral,
                                                   USN, Director).
       Enclosures.


                         Transmittal No. 16-23

     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 Australia.
       (ii) Total Estimated Value:
       Major Defense Equipment* $172 million.
       Other $214 million.
       Total $386 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Up to 2,950 GBU-39/B Small Diameter Bomb I (SDB I).
       Up to 50 Guided Test Vehicles (GTV) with GBU-39 (T-1)/B 
     (Inert Fuze).
       Non-MDE: This request also includes the following Non-MDE: 
     containers, weapons system support equipment, support and 
     test equipment, site survey, transportation, repair and 
     return warranties, spare and repair parts, publications and 
     technical data, maintenance, personnel training, and training 
     equipment, U.S. Government and contractor representative 
     engineering, logistics, and technical support services, and 
     other related elements of logistics support.
       (iv) Military Department: Air Force (YAF).
       (v) Prior Related Cases, if any: None.
       (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 Annex 
     attached.
       (viii) Date Report Delivered to Congress: April 4, 2016.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

          Australia--GBU-39 (Small Diameter Bomb Increment I)

       The Government of Australia has requested a possible sale 
     of:
       Major Defense Equipment (MDE):
       Up to 2,950 GBU-39/B Small Diameter Bomb I (SDB I).
       Up to 50 Guided Test Vehicles (GTV) with GBU-39 (T-1 )/B 
     (Inert Fuze).
       This request also includes the following Non-MDE: 
     containers, weapons system support equipment, support and 
     test equipment, site survey, transportation, repair and 
     return warranties, spare and repair parts, publications and 
     technical data, maintenance, personnel training, and training 
     equipment, U.S. Government and contractor representative 
     engineering, logistics, and technical support services, and 
     other related elements of logistics support.
       The total estimated value of MDE is $172 million. The total 
     overall estimated value is $386 million.
       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. This proposed sale will 
     contribute to the foreign policy and national security of the 
     United States by helping to improve the security of a major 
     contributor to political stability, security, and economic 
     development in the Pacific region and globally.
       The sale of SDB I supports and complements the on-going 
     sale of the F-35 to the Royal Australian Air Force (RAAF). 
     This capability will strengthen combined operations and 
     increase interoperability between the U.S. Air Force and the 
     RAAF. Australia will have no difficulty absorbing this 
     equipment into its armed forces.
       The proposed sale of this equipment will not alter the 
     basic military balance in the region.
       The principal contractor for production is Boeing in St. 
     Louis, Missouri. The principal contractor for integration is 
     unknown and will be determined during contract negotiations. 
     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. or contractor 
     representatives to Australia.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 16-23

     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. Sensitive and/or classified (up to SECRET) elements of 
     the proposed acquisition include hardware, accessories, 
     components, and associated software: GBU-39/B Small Diameter 
     Bomb Increment I (SDB I). Additional sensitive areas include 
     operating manuals and maintenance technical orders containing 
     performance information, operating and test procedures, and 
     other information related to the support operations and 
     repair. The hardware, software, and data identified are 
     classified to protect vulnerabilities, design and performance 
     parameters, and other similar critical information.
       2. The GBU-39/B Small Diameter Bomb Increment T (SDB I) is 
     a 250-pound class weapon designed as a small, all-weather, 
     autonomous, conventional, air-to-ground, precision glide 
     weapon able to strike fixed and stationary re-locatable 
     targets from standoff range. The SDB I weapon system consists 
     of the weapons, the BRU-61/A (4-place pneumatic carriage 
     system), shipping and handling containers for a single weapon 
     and the BRU-61/A either empty or loaded, and a weapon 
     planning module. It has integrated diamond-back type wings 
     that deploy after releases, which increases the glide time 
     and therefore maximum range. The SDB I Anti-Jam Global 
     Positioning System aided Inertial Navigation System (AJGPS/
     INS) provides guidance to the coordinates of a stationary 
     target. The payload/warhead is a very effective multipurpose 
     penetrating and blast fragmentation warhead coupled with a 
     cockpit selectable electronic fuze. Its size and accuracy 
     allow for an effective munition with less collateral damage. 
     A proximity sensor provides height of burst capability.
       3. A determination has been made that the recipient country 
     can provide substantially the same degree of protection for 
     the sensitive technology associated with this system 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.
       4. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     the Government of Australia.
                                  ____

                                                  Defense Security


                                           Cooperation Agency,

                                                    Arlington, VA.
     Hon. Bob Corker,
     Chairman, Committee on Foreign Relations,
     U.S. Senate, Washington, DC.
       Dear Mr. Chairman: Pursuant to the reporting requirements 
     of Section 36(b)(5)(A) of

[[Page 3686]]

     the Arms Export Control Act (AECA), as amended, we are 
     forwarding Transmittal No. 0J-16. 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 15-62 of 19 November 2015.
           Sincerely,
                                                Jennifer Zakriski,
                    (for J.W. Rixey, Vice Admiral, USN, Director).
       Enclosures.


                         Transmittal No. 0J-16

     Report of Enhancement or Upgrade of Sensitivity of Technology 
         or Capability (Sec. 36(b)(5)(A), AECA)
       i. Purchaser: Government of Japan.
       ii. Sec. 36(b)(1), AECA Transmittal No.: 15-62; Date: 19 
     November 2015; Military Department: Air Force.
       iii. Description: On 19 November 2015, Congress was 
     notified by Congressional certification transmittal number 
     15-62, of the possible sale under Section 36(b)(1) of the 
     Arms Export Control Act of three (3) RQ-4 Block 30 (I) Global 
     Hawk Remotely Piloted Aircraft (RPA), each with Enhanced 
     Integrated Sensor Suite (EISS), eight (8) Kearfott Inertial 
     Navigation System/Global Positioning System (INS/GPS) units 
     (2 per aircraft with 2 spares), and eight (8) LN-251 INS/GPS 
     units (2 per aircraft with 2 spares). Also included with this 
     request are operational-level sensor and aircraft test 
     equipment, ground support equipment, operational flight test 
     support, communications equipment, spare and repair parts, 
     personnel training, publications and technical data, U.S. 
     Government and contractor technical and logistics support 
     services, and other related elements of logistics support. 
     The total value of this sale is $1.2 billion. Major Defense 
     Equipment (MDE) constitutes $689 million of this sale.
       This transmittal reports the inclusion of two Ground 
     Control Elements (GCE). The GCEs were not enumerated as MDE 
     in the original notification of the Global Hawk RPA system. 
     Inclusion of this equipment as MDE will increase the MDE cost 
     by $31 million, resulting in a revised MDE cost of $720 
     million. The total case value will remain $1.2 billion.
       iv. Significance: This notification is being provided as 
     the GCEs were not enumerated as MDE in the original 
     notification. Their inclusion does not necessarily represent 
     an increase in capability over what was notified, but 
     properly identifies the equipment required for Global Hawk 
     operations. This equipment provides the Japan Air Self-
     Defense Force (JASDF) a ground control station from which to 
     fly and execute Global Hawk surveillance missions. Overall, 
     these systems meet the requirements of providing the JASDF 
     with the ability to conduct high-altitude surveillance and 
     reconnaissance without exposing JASDF personnel to the 
     dangers inherent to high-altitude ISR operations.
       v. Justification: This proposed sale will contribute to the 
     foreign policy goals and national security objectives of the 
     United States by meeting the security and defense needs of an 
     ally and partner nation. Japan continues to be an important 
     force for peace, political stability, and economic progress 
     in East Asia and the Western Pacific. The proposed sale of 
     the RQ-4 will significantly enhance Japan's intelligence, 
     surveillance, and reconnaissance (ISR) capabilities and help 
     ensure that Japan is able to continue to monitor and deter 
     regional threats. The JASDF will have no difficulty absorbing 
     these systems into its armed forces.
       vi. Date Report Delivered to Congress: April 4, 2016.

                          ____________________