[Congressional Record Volume 164, Number 98 (Wednesday, June 13, 2018)]
[Senate]
[Pages S3902-S3903]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ARMS SALES NOTIFICATION
Mr. CORKER. 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 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. 18-18,
concerning the Army's proposed Letter(s) of Offer and
Acceptance to the Government of India for defense articles
and services estimated to cost $930 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,
Charles W. Hooper,
Lieutenant General, USA, Director.
Enclosures.
Transmittal No. 18-18
Notice of Proposed Issuance of Letter of Offer Pursuant to
Section 36(b)(1) of the Arms Export Control Act, as
amended
(1) Prospective Purchaser: Government of India.
(ii) Total Estimated Value:
Major Defense Equipment * $340 million.
Other $590 million.
Total $930 million.
(iii) Description and Quantity or Quantities of Articles or
Services under Consideration for Purchase: The Government of
India has requested the sale of the following items in
support of a proposed direct commercial sale of six (6) AH-
64E Apache helicopters:
Major Defense Equipment (MDE):
Fourteen (14) T700-GE-701D
Four (4) AN/APG-78 Fire Control Radars
Four (4) Radar Electronic Units (REU) Block III
Four (4) AN/APR-48B Modernized Radar Frequency
Interferometers (M-RFI's)
One hundred eighty (180) AGM-114L-3 Hellfire Longbow
Missiles
Ninety (90) AGM-114R-3 Hellfire II Missiles
Two hundred (200) Stinger Block I-92H Missiles
Seven (7) Modernized Target Acquisition and Designation
Sights (MTADS)/Pilot Night Vision Sensors (PNVS)
Fourteen (14) Embedded Global Positioning System/Inertial
Navigation Systems (EGI)
Non-MDE: Also included are 2.75'' HE M151 rockets, training
and dummy missiles, 30mm cannons and ammunition,
transponders, simulators, communication equipment, spare and
repair parts, tools and test equipment, support equipment,
repair and return support, personnel training and training
equipment, publications and technical documentation, U.S.
Government and contractor engineering and logistics support
services, and other related elements of logistic and program
support.
(iv) Military Department: Army (IN-B-UAN).
(v) Prior Related Cases, if any: IN-B-UAH.
(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: June 12, 2018.
*As defined in Section 47(6) of the Arms Export Control
Act.
POLICY JUSTIFICATION
India--Support for Direct Commercial Sale of AH-64E Apache Helicopters
The Government of India has requested to buy the following
items in support of a proposed direct commercial sale of six
(6) AH-64E Apache helicopters: fourteen (14) T700-GE-701D
engines; four (4) AN/APG-78 Fire Control Radars; four (4)
Radar Electronic Units (REU) Block III; four (4) AN/APR-48B
Modernized Radar Frequency Interferometers (M-RFI's); one
hundred eighty (180) AGM-114L-3 Hellfire Longbow missiles;
ninety (90) AGM-114R-3 Hellfire II missiles; two hundred
(200) Stinger Block I-92H missiles; seven (7) Modernized
Target Acquisition Designation Sight/Pilot Night Vision
Sensors (MTADS-PNVS); and fourteen (14) Embedded GPS Inertial
Navigation Systems (EGI). Also included are rockets, training
and dummy missiles, 30mm cannons and ammunition,
transponders, simulators, communication equipment, spare and
repair parts, tools and test equipment, support equipment,
repair and return support, personnel training and training
equipment, publications and technical documentation, U.S.
Government and contractor engineering and logistics support
services, and other related elements of logistic and program
support. The total estimated program cost is $930 million.
This proposed sale will contribute to the foreign policy
and national security of the United States by helping to
strengthen the U.S.-Indian strategic relationship and to
improve the security of an important partner which continues
to be an important force for political stability, peace, and
economic progress in South Asia.
The proposed sale is in conjunction with and in support of
a proposed direct commercial sale of six (6) AH-64E Apache
helicopters, and will strengthen India's ability to defend
its homeland and deter regional threats. This support for the
AH-64E will provide an increase in India's defensive
capability to counter ground-armored threats and modernize
its armed forces. India will have no difficulty absorbing the
helicopters and support 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 contractors will be Lockheed Martin Corporation,
Orlando, FL; General Electric Company, Cincinnati, OH;
Lockheed Martin Mission Systems and Sensors, Owego, NY;
Longbow Limited Liability Corporation, Orlando, FL; and
Raytheon Company, Tucson, AZ. There are no known offset
agreements proposed in connection with this potential sale.
[[Page S3903]]
Implementation of this proposed sale will require U.S.
Government or contractor representatives to travel to India
for a period of one week at a time to conduct a detailed
discussion of the various aspects of the hybrid program with
Government of India representatives. Additional travel will
be required for equipment de-processing/fielding, system
checkout and new equipment training and Contractor Furnished
Service Representatives (CFSR) for a period of thirty months.
There will be no adverse impact on U.S. defense readiness
as a result of this proposed sale.
Transmittal No. 18-18
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 AN/APG-78 Fire Control Radar (FCR) is an active,
low-probability of intercept, millimeter-wave radar, combined
with a passive Modernized Radar Frequency Interferometer
(MRFI) mounted on top of the helicopter mast. The FCR Ground
Targeting Mode detects, locates, classifies and prioritizes
stationary or moving armored vehicles, tanks and mobile air
defense systems as well as hovering helicopters, helicopters,
and fixed wing aircraft in normal flight. The MRFI detects
threat radar emissions and determines the type of radar and
mode of operation. The FCR data and MRFI data are fused for
maximum synergism. If desired, the radar data can be used to
refer targets to the regular electro-optical Target
Acquisition and Designation Sight (TADS), Modernized Target
Acquisition and Designation Sight (MTADS), permitting
additional visual/infrared imagery and control of weapons,
including the semi active laser version of the Hellfire.
Critical system information is stored in the FCR in the form
of mission executable code, target detection, classification
algorithms and coded threat parametrics. This information is
provided in a form that cannot be extracted by the foreign
user due to anti-tamper provisions built into the system. The
content of these items is classified SECRET.
2. The Modernized Target Acquisition and Designation Sight/
Modernized Pilot Night Vision Sensor (M-TADS/M-PNVS) provides
second generation day, night, limited adverse weather target
information, as well as night navigation capabilities. The M-
PNVS provides second generation thermal imaging that permits
nap-of-the-earth flight to, from, and within the battle area,
while M-TADS provides the co-pilot gunner with improved
search, detection, recognition, and designation by means of
Direct View Optics (DVO), I2 television, second
generation Forward Looking Infrared (FLIR) sighting systems
that may be used singularly or in combinations. Hardware and
releasable technical manuals are UNCLASSIFIED.
3. The AN/APR-48B Modernized Radar Frequency Interferometer
(M-RFI) is an updated version of the passive radar detection
and direction finding system. It utilizes a detachable User
Data Module (UDM) on the M-RFI processor, which contains the
Radar Frequency (RF) threat library. The UDM, which is a
hardware assemblage item, is classified CONFIDENTIAL when
programmed with threat parametrics, threat priorities and/or
techniques derived from U.S. intelligence information.
Hardware becomes CLASSIFIED when populated with threat
parametric data. Releasable technical manuals are
UNCLASSIFIED.
4. The Hellfire AGM-114 missile is an air-to-surface
missile with a multi-mission, multi target, precision strike
capability. The Hellfire can be launched from multiple air
platforms and is the primary precision weapon for the United
States.
a. The Hellfire Longbow Missile (AGM-114L3) provides an
adverse weather, fire- and-forget missile version of the
Hellfire Missile System, incorporating a millimeter wave
radar seeker on a Hellfire II aft section bus. The Hellfire
Longbow Missile is designed to engage and defeat individual
hardpoint targets and minimize exposure time to enemy fire,
which greatly increases the AH-64E Longbow survivability
factor. The AGM-114L3 non-NATO export version will be
provided. The weapon system hardware, as an ``All Up Round'',
is UNCLASSIFIED. The AGM-114L3 missile software is SECRET.
The highest level of classified information that could be
disclosed by a proposed sale or by testing of the end item is
SECRET and the highest level that must be disclosed for
production, maintenance, or training is CONFIDENTIAL.
Vulnerability data, countermeasures, vulnerability/
susceptibility analyses, and threat definitions are
classified SECRET or CONFIDENTIAL.
b. The highest level for release of the AGM-114R Hellfire
II missile is SECRET, based upon the software. The highest
level of classified information that could be disclosed by a
proposed sale or by testing the end item is SECRET; the
highest level that must be disclosed for production,
maintenance, or training is CONFIDENTIAL. Reverse engineering
could reveal CONFIDENTIAL information. Vulnerability data,
Countermeasures, vulnerability/susceptibility analyses, and
threat definitions are classified up to SECRET.
5. The STINGER Block I 92H International Missile System,
hardware, software and documentation contain SENSITIVE
technology and are classified CONFIDENTIAL. The guidance
section of the missile and captive flight trainer contain
highly SENSITIVE technology and are classified CONFIDENTIAL.
No man-portable grip stocks will be sold under this LOA.
Missile system hardware and fire unit components contain
SENSITIVE critical technologies. STINGER critical technology
is primarily in the area of design and production know-how
and not end-items. This SENSITIVE/critical technology is
inherent in the hybrid microcircuit assemblies;
microprocessors; magnetic and amorphous metals; purification;
firmware; printed circuit boards; laser range finder; dual
detector assembly; detector filters; missile software;
optical coatings; ultraviolet sensors; semi-conductor
detectors infrared band sensors; compounding and handling of
electronic, electro-optic, and optical materials; equipment
operating instructions; energetic materials formulation
technology; energetic materials fabrication and loading
technology; and warhead components seeker assembly.
Information on vulnerability to electronic countermeasures
and countermeasures, system performance capabilities and
effectiveness, and test data are classified up to SECRET.
6. The Stinger Captive Flight Trainer (CFT) is a Stinger
missile guidance assembly in a launch tube. The CFT provides
operator training in target acquisition, tracking,
engagement, loading/unloading and sustainment training at the
unit. The hardware is classified CONFIDENTIAL. Releasable
technical manuals are UNCLASSIFIED.
7. If a technologically advanced adversary were to obtain
knowledge of specific hardware, the information could be used
to develop countermeasures which might reduce weapons system
effectiveness or be used in the development of a system with
similar or advanced capabilities.
8. A determination has been made that India can provide
substantially the same degree of protection for sensitive
technology being released as the U.S. Government. This
proposed sustainment program is necessary to the furtherance
of the U.S. foreign policy and national security objectives
outlined in the policy justification.
9. All defense articles and services listed on this
transmittal are authorized for release and export to the
Government of the India.
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