[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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