[Congressional Record Volume 166, Number 83 (Monday, May 4, 2020)]
[Senate]
[Pages S2210-S2212]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        ARMS SALES NOTIFICATION

  Mr. RISCH. 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. James E. Risch,
     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. 20-05 
     concerning the Army's proposed Letter(s) of Offer and 
     Acceptance to the Republic of the Philippines for defense 
     articles and services estimated to cost $1.5 billion. 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. 20-05

     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: Republic of the Philippines.
       (ii) Total Estimated Value:
       Major Defense Equipment $1.0 billion.
       Other $ .5 billion.
       Total $1.5 billion.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Six (6) AH-64E Apache Attack Helicopters.
       Eighteen (18) T700-GE-701D Engines (12 installed, 6 
     spares).
       Fifteen (15) Honeywell Embedded Global Positioning Systems/
     Inertial Navigation (EGIs) w/Precise Positioning Service 
     (PPS) (12 installed, 3 spares).
       Two hundred (200) AGM-114 Hellfire Missiles.

[[Page S2211]]

       Twelve (12) M36E9 Hellfire Captive Air Training Missiles 
     (CATM).
       Three hundred (300) Advanced Precision Kill Weapon System 
     (APKWS) Kits.
       One thousand seven hundred (1,700) Advanced Precision Kill 
     Weapon System (APKWS) Guidance Sections.
       Six (6) AN/ASQ-170 Modernized Target Acquisition and 
     Designation Sight/ AN/ AAR-11 Modernized Pilot Night Vision 
     Sensors (M-T ADS/PNVS).
       Six (6) AN/APG-78 Fire Control Radars (FCR) with Radar 
     Electronic Units (REU).
       Six (6) AN/APR-48B Modernized-Radar Frequency 
     Interferometers (M-RFI).
       Eight (8) AAR-57 Common Missile Warning Systems (CMWS) (6 
     installed, 2 spares).
       Two hundred (200) FIM-92H Stinger Missiles.
       Eight (8) Manned-Unmanned Teaming-2 (MUMT-2i) Video 
     Receivers (6 installed, 2 spares).
       Eight (8) Manned-Unmanned Teaming-2 (MUMT-2i) Air-Air-
     Ground Kits (6 installed, 2 spares).
       Non-MDE: Also included are eight (8) AN/AVR-2B Laser 
     Detecting sets (6 installed, 2 spares); eight (8) AN/APR-
     39C(V)1+ Radar Signal Detecting sets (6 installed, 2 spares); 
     fourteen (14) Single Channel Ground and Airborne Radio 
     Systems (SINCGARS) radios (12 installed, 2 spares); fourteen 
     (14) UHF/VHF/LOS airborne radios (12 installed, 2 spares); 
     eight (8) AN/APX-123A (V) Common Transponders (6 installed, 2 
     spares); eight (8) IDM-401 Improved Data Modems (6 new, 2 
     spares); eight (8) AN/ARN-149 (V)3 Automatic Direction 
     Finders (6 installed, 2 spares); eight (8) Doppler ASN-157 
     Doppler Radar Velocity Sensors (6 installed, 2 spares); eight 
     (8) AN/APN-209 Radar Altimeters (6 installed, 2 spares); 
     eight (8) AN/ARN-153 Tactical Air Navigation sets (TACAN) (6 
     installed, 2 spares); four (4) TACAN Ground Stations; eight 
     (8) Very High Frequency Omni-Directional Range/Instrument 
     Landing Systems (VOR/ILS) (6 installed, 2 spares); three (3) 
     AN/PYQ-lO(C) Simple Key Loader (3 new); six (6) M230EI + M139 
     AWS Automatic Gun (6 new); eighteen (18) M261 rocket 
     launchers (12 new, 6 spares); eighteen (18) M299 missile 
     launchers (12 new, 6 spares); six (6) rocket motor, 2.75-
     inch, MK66-4, Inert (6 new); six (6) High Explosive Warhead 
     for Airborne 2.75 Rocket, Inert (6 new); eighteen (18) 
     Stinger air-to-air launchers (18 new); twelve (12) Stinger 
     Captive Flight Trainers (CFT) (12 new); six (6) Stinger 
     Aerial Handling Trainers (AHT) (6 new); five thousand (5,000) 
     each 2.75 inch rockets (5,000 new); eighty thousand (80,000) 
     30mm rounds (80,000 new), training devices, communication 
     systems, helmets, simulators, generators, transportation and 
     organization equipment, spare and repair parts, support 
     equipment, tools and test equipment, technical data and 
     publications, personnel training and training equipment, U.S. 
     Government and contractor technical assistance, technical and 
     logistics support services, and other related elements of 
     logistics support.
       (iv) Military Department: Army (PI-B-VXX).
       (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 Attached 
     Annex.
       (viii) Date Report Delivered to Congress: April 30, 2020.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

Philippines--Apache AH-64E Attack Helicopters and Related Equipment and 
                                Support

       The Government of the Philippines has requested to buy six 
     (6) AH-64E Apache attack helicopters; eighteen (18) T700-GE-
     701 D engines (12 installed, 6 spares); fifteen (15) 
     Honeywell Embedded Global Positioning Systems/Inertial 
     Navigation (EGIs) w/Precise Positioning Service (PPS) (12 
     installed, 3 spares); two hundred (200) AGM-114 Hellfire 
     missiles; twelve (12) M36E9 Hellfire Captive Air Training 
     Missiles (CATM); three hundred (300) Advanced Precision Kill 
     Weapon System (APKWS) Kits; one thousand seven hundred 
     (1,700) Advanced Precision Kill Weapon System (APKWS) 
     Guidance Sections; six (6) AN/ASQ-170 Modernized Target 
     Acquisition and Designation Sight/AN/AAR-11 Modernized Pilot 
     Night Vision Sensors (M-TADS/PNVS); six (6) AN/APG-78 Fire 
     Control Radars (FCR) with Radar Electronic Units (REU); six 
     (6) AN/APR-48B Modernized-Radar Frequency Interferometers (M-
     RFI); eight (8) AAR-57 Common Missile Warning Systems (CMWS) 
     (6 installed, 2 spares); two hundred (200) FIM-92H Stinger 
     missiles; eight (8) Manned-Unmanned Teaming-2 (MUMT-2i) Video 
     Receivers (6 installed, 2 spares); and eight (8) Manned-
     Unmanned Teaming-2 (MUMT-2i) Air-Air-Ground Kits (6 
     installed, 2 spares). Also included are eight (8) AN/AVR-2B 
     Laser Detecting sets (6 installed, 2 spares); eight (8) AN/
     APR-39C(V)l+ Radar Signal Detecting sets (6 installed, 2 
     spares); fourteen (14) Single Channel Ground and Airborne 
     Radio Systems (SINCGARS) radios (12 installed, 2 spares); 
     fourteen (14) UHF/VHF/LOS airborne radios (12 installed, 2 
     spares); eight (8) AN/APX-123A (V) Common Transponders (6 
     installed, 2 spares); eight (8) IDM-401 Improved Data Modems 
     (6 new, 2 spares); eight (8) AN/ARN-149 (V)3 Automatic 
     Direction Finders (6 installed, 2 spares); eight (8) Doppler 
     ASN-157 Doppler Radar Velocity Sensors (6 installed, 2 
     spares); eight (8) AN/APN-209 Radar Altimeters (6 installed, 
     2 spares); eight (8) AN/ARN-153 Tactical Air Navigation sets 
     (TACAN) (6 installed, 2 spares); four (4) TACAN Ground 
     Stations; eight (8) Very High Frequency Omni-Directional 
     Range/Instrument Landing Systems (VOR/ILS) (6 installed, 2 
     spares); three (3) AN/PYQ-10(C) Simple Key Loader (3 new); 
     six (6) M230El + M139 AWS Automatic Gun (6 new); eighteen 
     (18) M261 rocket launchers (12 new, 6 spares); eighteen (18) 
     M299 missile launchers (12 new, 6 spares); six (6) rocket 
     motor, 2.75-inch, MK66-4, Inert (6 new); six (6) High 
     Explosive Warhead for Airborne 2.75 Rocket, Inert (6 new); 
     eighteen (18) Stinger air-to-air launchers (18 new); twelve 
     (12) Stinger Captive Flight Trainers (CFT) (12 new); six (6) 
     Stinger Aerial Handling Trainers (AHT) (6 new); five thousand 
     (5,000) each 2.75-inch rockets (5,000 new); eighty thousand 
     (80,000) 30mm rounds (80,000 new), training devices, 
     communication systems, helmets, simulators, generators, 
     transportation and organization equipment, spare and repair 
     parts, support equipment, tools and test equipment, technical 
     data and publications, personnel training and training 
     equipment, U.S. Government and contractor technical 
     assistance, technical and logistics support services, and 
     other related elements of logistics support. The estimated 
     cost is $1.5 billion.
       This proposed sale will support the foreign policy and 
     national security of the United States by helping to improve 
     the security of a friendly country that continues to be an 
     important force for political stability, peace, and economic 
     progress in South-East Asia.
       The Philippines is considering either the AH-64E or the AH-
     1Z to modernize its attack helicopter capabilities. The 
     proposed sale will assist the Philippines in developing and 
     maintaining strong self-defense, counterterrorism, and 
     critical infrastructure protection capabilities. The 
     Philippines will have no difficulty absorbing this equipment 
     and support into its armed forces.
       The proposed sale of this equipment and support will not 
     alter the basic military balance in the region.
       The principal contractors will be Boeing, Mesa, Arizona; 
     and Lockheed Martin, Orlando, Florida. Offsets may be a 
     requirement of doing business in the Philippines; however, 
     offsets are negotiated directly between the Original 
     Equipment Manufacturers or other vendors and the Government 
     of the Philippines, and further details are not known at this 
     time.
       Implementation of this proposed sale will require 60 U.S. 
     Government or contractor representatives to travel to 
     Philippines for a period of 6 weeks (non concurrent). 
     Activities will include de-processing/fielding, training, and 
     technical/logistics support.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 20-05

     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 AH-64E Apache Attack Helicopter is a fielded armed 
     attack rotary wing aircraft in the Army inventory. The AH-64E 
     is equipped with communication and target identification 
     equipment, navigational equipment, aircraft survivability 
     equipment, displays and sensors. Components considered to 
     contain sensitive technology in the proposed case are as 
     follows:
       a. The AN/ASQ-170 Modernized Target Acquisition and 
     Designation Sight/AN/AAQ-11 Pilot Night Vision Sensor (MTADS/
     PNVS) provides day, night, and limited adverse weather target 
     information, as well as night navigation capabilities. The 
     PNVS provides thermal imaging that permits nap-of-the-earth 
     flight to, from, and within the battle area, while TADS 
     provides the co-pilot gunner with search, detection, 
     recognition, and designation by means of Direct View Optics 
     (DVO), EI2 television, and Forward Looking Infrared (FLIR) 
     sighting systems that may be used singularly or in 
     combinations. MTADS/PNVS contain sensitive technology and are 
     classified CONFIDENTIAL.
       b. The AN/APG-78 Fire Control Radar (FCR) is an active, 
     low-probability of intercept, millimeter-wave radar, combined 
     with a passive AN/APR-48B Modernized Radar Frequency 
     Interferometer (M-RFI) mounted on top of the helicopter mast. 
     The AN/APG-78 and the AN/APR-78B M-RFI hardware components 
     contain sensitive critical technologies. 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.
       c. The AN/APR-48B Modernized Radar Frequency Interferometer 
     (M-RFI) is an updated version of the passive radar detection 
     and direction finding system. The AN/APR-78B M-RFI hardware 
     components contain sensitive technology and are classified 
     CONFIDENTIAL. It utilizes a detachable UDM on the M-RFI 
     processor, which contains the Radar Frequency (RF) threat 
     library.
       d. The AGM-114R Hellfire is an air-to-ground missiles used 
     against heavy and light armored targets, thin skinned 
     vehicles, urban structures, bunkers, caves and personnel. The 
     missile is Inertial Measurement Unit (IMU) based, with a 
     variable delay fuse, improved safety and reliability. The 
     highest level of classified information that could be 
     disclosed by a proposed sale or by testing of the end item is 
     up to and including SECRET. Loss or compromise of classified 
     information

[[Page S2212]]

     associated with AGM-114R could lead to development of 
     countermeasures or exploitation of system vulnerabilities by 
     those obtaining the information.
       e. The Hellfire M36E9 Captive Air Training Missiles (CATM) 
     is a flight-training missile that consists of a functional 
     guidance section coupled to an inert missile bus. The M36E9 
     CATM does not have a functional rocket motor or warhead, and 
     cannot be launched. It functions like a tactical missile 
     (without launch capability) during captive carry on the 
     aircraft, making it suitable for training the aircrew in 
     simulated Hellfire missile target acquisition and lock. The 
     highest level of classified information that could be 
     disclosed by a proposed sale or by testing of the end item is 
     SECRET.
       f. The aircraft has an Embedded Global Positioning System/
     Inertial Navigation System (EGI) plus MultiMode Receiver 
     (MMR), and two EGIs which use internal accelerometers, rate 
     gyro measurements, and external sensor measurements to 
     estimate the aircraft state, provides aircraft flight and 
     position data to aircraft systems. The EGI is a velocity-
     aided, strap down, ring laser gyro based inertial unit. The 
     EGI unit houses a GPS receiver. Integrated within the EGI is 
     an Inertial Measurement Unit (IMU) for processing functions. 
     Each EGI also houses an MMR to provide for reception of 
     ground based NAVAID signals for instrument aided flight.
       g. The AAR-57 Common Missile Warning System (CMWS) detects 
     energy emitted by threat missiles in-flight, evaluates 
     potential false alarm emitters in the environment, declares 
     validity of threat and selects appropriate countermeasures. 
     The CMWS consists of an Electronic Control Unit (ECU), 
     Electro-Optic Missile Sensors (EOMSs), and Sequencer and 
     Improved Countermeasures Dispenser (ICMD). The ECU hardware 
     is classified CONFIDENTIAL; releasable technical manuals for 
     operation and maintenance are classified SECRET.
       h. The AN/APR-39 Radar Signal Detecting Set is a system 
     that provides warnings of radar-directed air defense threats 
     and allows appropriate countermeasures. This is the 1553 
     databus compatible configuration. The hardware is classified 
     CONFIDENTIAL when programmed with threat data; releasable 
     technical manuals for operation and maintenance are 
     classified CONFIDENTIAL; releasable technical data (technical 
     performance) is classified SECRET. The system can be 
     programmed with threat data provided by the purchasing 
     country.
       i. The M36E9 Captive Air Training Missile (CATM) is a 
     Hellfire training missile (NonNATO) that consists of a 
     functional guidance section coupled to an inert missile bus. 
     The missile has an operational semi-active laser seeker that 
     can search for and lock-on to laser designated targets for 
     pilot training, but it does not have a warhead or propulsion 
     section and cannot be launched.
       j. The Stinger RMP Block I Missile, hardware, embedded 
     software object code and operating documentation contain 
     sensitive technology and are classified CONFIDENTIAL. The 
     highest classification of the Stinger 92H Reprogrammable 
     Micro-Processor (RMP) Block I missile hardware is 
     CONFIDENTIAL, and the highest classification of data and 
     information is SECRET. The guidance section of the missile 
     and tracking head trainer contain highly sensitive technology 
     and are classified CONFIDENTIAL. Missile System hardware 
     components contain sensitive critical technologies. Stinger 
     Block I critical technology is primarily in the area of 
     design and production know-how and not end-items. Information 
     on countermeasures vulnerability to electronic 
     countermeasures, system performance capabilities and 
     effectiveness, simulation and test data and software source 
     code are classified up to SECRET.
       2. 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.
       3. A determination has been made that the Republic of the 
     Philippines 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.
       4. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     the Republic of the Philippines.

                          ____________________