[Congressional Record Volume 166, Number 111 (Tuesday, June 16, 2020)]
[Senate]
[Pages S3010-S3011]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        ARMS SALES NOTIFICATION

  Mr. RISCH. 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. James E. Risch,
     Chairman, Committee on Foreign Relations,
     United States 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. 20-42 
     concerning the Navy's proposed Letter(s) of Offer and 
     Acceptance to the Government of Canada for defense articles 
     and services estimated to cost $862.3 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.


                         Transmittal No. 20-42

     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 Canada.
       (ii) Total Estimated Value:
       Major Defense Equipment *, $204.50 million.
       Other, $657.80 million.
       Total, $862.30 million.
       (iii) Description Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Fifty (50) Sidewinder AIM-9X Block II Tactical Missiles.
       Fifty (50) Sidewinder AIM-9X Block II Captive Air Training 
     Missiles (CATMs).
       Ten (10) Sidewinder AIM-9X Block II Special Air Training 
     Missiles (NATMs).
       Ten (10) Sidewinder AIM-9X Block II Tactical Guidance 
     Units.
       Ten (10) Sidewinder AIM-9X Block II CATM Guidance Units.
       Thirty-eight (38) APG-79(V)4 Active Electronically Scanned 
     Array (AESA) Radar.
       Thirty-eight (38) APG-79(V)4 AESA Radar A 1 Kits.
       Twenty (20) Joint Standoff Weapon (JSOW) C, AGM-154C.
       Forty-six (46) F/A-18A Wide Band RADOMEs.
       Non-MDE: Also included are additional technical and 
     logistics support for the AESA radar; upgrades to the 
     Advanced Distributed Combat Training System (ADCTS) to ensure 
     flight trainers remain current with the new technologies; 
     software development to integrate the systems listed into the 
     F/A-18A airframe and install Automated Ground Collision 
     Avoidance System (Auto GCAS); thirty (30) Bomb Release Unit 
     (BRU)--42 Triple Ejector Racks (TER); thirty (30) Improved 
     Tactical Air Launched Decoy (ITALD); one hundred four (104) 
     Data Transfer Device/Data Transfer Units (DTD/DTU); twelve 
     (12) Joint Mission Planning System (JMPS); one hundred twelve 
     (112) AN/ARC-210 RT-2036 (Gen 6) radios and F/A-18 
     integration equipment; support equipment; tools and test 
     equipment; technical data and publications; U.S. Government 
     and contractor engineering, technical, and logistics support 
     services; and other related elements of logistical and 
     program support.
       (iv) Military Department: Navy (CN-P-LKZ, CN-P-LKW, CN-P-
     LLE, CN-P-LLA, CN-P-LKY, CN-P-LKX, CN-P-LDD, etc.).
       (v) Prior Related Cases, if any: CN-P-FFE; CN-P-FEL; CN-P-
     LKS; CN-P-LKT.
       (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 15, 2020.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

       Canada--Hornet Extension Program Related FMS Acquisitions

       The Government of Canada has requested to buy fifty (50) 
     Sidewinder AIM-9X Block II Tactical missiles; fifty (50) 
     Sidewinder AIM-9X Block II Captive Air Training Missiles 
     (CATMs); ten (10) Sidewinder AIM-9X Block II Special Air 
     Training Missiles (NATMs); ten (10) Sidewinder AIM-9X Block 
     II Tactical Guidance Units; ten (10) Sidewinder AIM-9X Block 
     II CATM Guidance Units; thirty-eight (38) APG-79(V)4 Active 
     Electronically Scanned Array (AESA) radar units; thirty-eight 
     (38) APG-79(V)4 AESA Radar A1 kits; twenty (20) Joint 
     Standoff Weapon (JSOW) C, AGM-154C; forty-six (46) F/A-18A 
     Wide Band RADOMEs. Also included are additional technical and 
     logistics support for the AESA radar; upgrades to the 
     Advanced Distributed Combat Training System (ADCTS) to ensure 
     flight trainers remain current with the new technologies; 
     software development to integrate the systems listed into the 
     F/A-18A airframe and install Automated Ground Collision 
     Avoidance System (Auto GCAS); thirty (30) Bomb Release Unit 
     (BRU)--42 Triple Ejector Racks (TER); thirty (30) Improved 
     Tactical Air Launched Decoy (ITALD); one hundred four (104) 
     Data Transfer Device/Data Transfer Units (DTD/DTU); twelve 
     (12) Joint Mission Planning System (JMPS); one hundred twelve 
     (112) AN/ARC-210 RT-2036 (Gen 6) radios and F/A-18 
     integration equipment; support equipment; tools and test 
     equipment; technical data and publications; U.S. Government 
     and contractor engineering, technical, and logistics support 
     services; and other related elements of logistical and 
     program support. The total estimated program cost is $862.3 
     million.
       This proposed sale will support the foreign policy and 
     national security objectives of the United States by helping 
     to improve the military capability of Canada, a NATO ally 
     that is an important force for ensuring political stability 
     and economic progress and a contributor to military, 
     peacekeeping and humanitarian operations around the world. 
     This sale will provide Canada a 2-squadron bridge of enhanced 
     F/A-18A aircraft to continue meeting NORAD and NATO 
     commitments while it gradually introduces new advanced 
     aircraft via the Future Fighter Capability Program between 
     2025 and 2035.
       The proposed sale of the capabilities, as listed, will 
     improve Canada's capability to meet current and future 
     warfare threats and provide greater security for its critical 
     infrastructure. This sale will provide Canada the ability to 
     maximize the systems' employment and sustainment, 
     significantly enhancing the warfighting capability of the 
     Royal Canadian Air Force's F/A-18 aircraft. Canada 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 contractors will be Raytheon Corporation, El 
     Segundo, CA; General Dynamics Mission Systems, Marion, VA; 
     The Boeing Company, St. Louis, MO; and Collins Aerospace, 
     Cedar Rapids, IA. The purchaser typically requests offsets. 
     Any offset agreement will be defined in negotiations between 
     the purchaser and the contractor(s).
       Implementation of this proposed sale will require the 
     assignment of contractor representatives to Canada on an 
     intermittent basis over the life of the case to support 
     delivery and integration of items onto the existing F/A-18A 
     aircraft and to provide supply support management, inventory 
     control and equipment familiarization.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 20-42

     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 following are included in this sale:
       a. The AIM-9X Block II and Block II+ (Plus) SIDEWINDER 
     Missile represents a substantial increase in missile 
     acquisition and kinematics performance over the AIM-

[[Page S3011]]

     9M and replaces the AIM-9X Block I Missile configuration. The 
     missile includes a high off-boresight seeker, enhanced 
     countermeasure rejection capability, low drag/high angle of 
     attack airframe and the ability to integrate the Helmet 
     Mounted Cueing System. The software algorithms are the most 
     sensitive portion of the AIM-9X missile. The software 
     continues to be modified via a preplanned product improvement 
     (P3I) program in order to improve its counter-countermeasure 
     capabilities. No software source code or algorithms will be 
     released. The missile is classified as CONFIDENTIAL. The AIM-
     9X will result in the transfer of sensitive technology and 
     information. The equipment, hardware, and documentation are 
     classified CONFIDENTIAL. The software and operational 
     performance are classified SECRET. The seeker/guidance 
     control section and the target detector are CONFIDENTIAL and 
     contain sensitive state-of-the-art technology. Manuals and 
     technical documentation that are necessary or support 
     operational use and organizational management are classified 
     up to SECRET. Performance and operating logic of the counter-
     countermeasures circuits are classified SECRET. The hardware, 
     software, and data identified are classified to protect 
     vulnerabilities, design and performance parameters and 
     similar critical information.
       b. The AN/APG-79 Active Electronically Scanned Array (AESA) 
     Radar System is classified SECRET. The radar provides the F/
     A-18A Hornet aircraft with all-weather, multimission 
     capability for performing Air-to-Air and Air-to-Ground 
     targeting and attack. Air-to-Air modes provide the capability 
     for all-aspect target detection, long-range search and track, 
     automatic target acquisition, and tracking of multiple 
     targets. Air-to-Surface attack modes provide high-resolution 
     ground mapping navigation, weapon delivery, and sensor 
     cueing. The system component hardware (Antenna, Transmitter, 
     Radar Data Processor, and Power Supply) is UNCLASSIFIED. The 
     Receiver-Exciter hardware is CONFIDENTIAL. The radar 
     Operational Flight Program (OFP) is classified SECRET. 
     Documentation provided with the AN/APG-79 radar set is 
     classified SECRET.
       c. The AGM-154 Joint Standoff Weapon (JSOW) is used by 
     Navy, Marine Corps, and Air Force, and allows aircraft to 
     attack well-defended targets in day, night, and adverse 
     weather conditions. AGM-154C carries a BROACH warhead. The 
     BROACH warhead incorporates an advanced multi-stage warhead. 
     JSOW-C uses the GPS Precise Positioning System (PPS), which 
     provides for a more accurate capability than the commercial 
     version of GPS. The JSOW-C incorporates components, software, 
     and technical design information that are considered 
     sensitive. The following JSOW-C components being conveyed by 
     the proposed sale that are considered sensitive and are 
     classified CONFIDENTIAL include the GPS/INS, IIR seeker, OFP 
     software and missile operational characteristics and 
     performance data. These elements are essential to the ability 
     of the JSOW-C missile to selectively engage hostile targets 
     under a wide range of operational, tactical, and 
     environmental conditions.
       d. The Wide Band RADOME (WBR) is a high performance nose 
     radome designed for use with the Active Electronically 
     Scanned Array (AESA) Radar. The WBR is required to leverage 
     the full capability of the AESA Radar. The Radome will 
     provide superior RF performance over broader AESA Radar 
     operational bands which will give the user an advantage in 
     operational scenarios. Specifically, the WBR will provide 
     improved target detection with less interference and reduce 
     jamming vulnerability. Purchasing the AESA without the WBR 
     would significantly reduce the capability of the AESA and the 
     user would gain very little advantage with the AESA.
       e. The Upgrades to the Advanced Distributed Combat Training 
     System (ADCTS), provides an aggressive program upgrade the 
     warfighting capability of the F/A-18. The program will 
     introduce new systems and weapons to the aircraft. In order 
     to have pilots ready to utilize the new technologies, it is 
     imperative that the user's Pilot Trainer (ADCTS) undergoes a 
     parallel upgrade effort. The ADCTS is an integral part of the 
     user's Pilot Training Syllabus and this procurement will 
     address this requirement. It will provide pilots the ability 
     to train with the new systems that will be resident in the 
     aircraft in a simulated environment. This procurement will 
     provide pilots the ability to maximize use of the new 
     capabilities that will eventually translate to the 
     operational environment and make the users Air Force a 
     significant contributor to international coalition 
     initiatives.
       f. Software Development. The challenge facing the user 
     nation is that in order to add all the new capabilities and 
     weapons to the platform there is a parallel software effort 
     required to ensure all the new capabilities have a software 
     model that will support their integration and use. The 
     success of the aggressive procurement of the systems and 
     capabilities for the program will be dependent on the ability 
     to develop and test the requisite software. This is a 
     significant effort that will rely on Naval Air Weapons 
     Station China Lake to develop the required products. This 
     will entail development of the product, lab testing and 
     eventually flight testing of the software loads. There will 
     be some mutual software development, but the end result will 
     depend on U.S. Government engineers to provide final check 
     and approval of all software profiles. This FMS case funds 
     this effort. Additionally, the software effort will support 
     Automatic Ground Collision Avoidance System (A-GCAS). This 
     system is also referred to as Automatic Terrain Avoidance 
     Warning System (A-TAWS). This is flight control software that 
     uses a terrain elevation database to calculate the aircraft's 
     relative position above the ground. If it senses that the 
     aircraft is on a collision course with the ground that is 
     outside of normal parameters, it automatically commands the 
     aircraft to roll wings level and recover away from a ground 
     collision
       g. The ADM-141C Improved Tactical Air-Launched Decoy 
     (ITALD) is unclassified. The ITALD vehicle is intended to be 
     delivered by sea- and land-based tactical aircraft, to cause 
     an increase in the number of apparent targets to enemy 
     defenses prior to or during air strikes. The ITALD system 
     consists of the flight vehicle, launch rack (Improved Triple 
     Ejector Rack (ITER)), Improved Decoy Tester/Programmer 
     (IDTP), Radio Frequency Payload System Tester (PSST), and 
     shipping/storage container. The ITALD is capable of 
     functioning in the vehicle test mode, mission programming 
     mode (using JMPS with ITALD UPC), GPS almanac uploading mode, 
     captive carriage mode, launch mode, jettison mode, and free-
     flight mode.
       h. The Joint Mission Planning System (JMPS) is classified 
     SECRET. JMPS will provide mission planning capability for 
     support of military aviation operations. It will also provide 
     support for unit-level mission planning for all phases of 
     military flight operations and have the capability to provide 
     necessary mission data for the aircrew. JMPS will support the 
     downloading of data to electronics data transfer devices for 
     transfer to aircraft and weapon systems. A JMPS for a 
     specific aircraft type will consist of basic planning tools 
     called the Joint Mission Planning Environment (JMPE) mated 
     with a Unique Planning Component (UPC) provided by the 
     aircraft program. In addition, UPCs will be required for 
     specific weapons, communication devices, and moving map 
     displays. The JMPS will be tailored to the specific 
     releasable configuration for the F/A-18A, with maximum 
     commonality with the most advanced United States Marine Corps 
     configuration of these aircraft.
       i. The AN/ARC-210 RT-2036 (Gen 6) Radio's Line-of-sight 
     data transfer rates up to 80
     kb/s in a 25 kHz channel creating high-speed communication of 
     critical situational awareness information for increased 
     mission effectiveness. Software that is reprogrammable in the 
     field via Memory Loader/Verifier Software making flexible use 
     for multiple missions. The AN/ARC-210 has embedded software 
     with programmable cryptography for secure communications. 
     Relative to the 5th Generation AN/ARC-210 radios, the 6th 
     generation AN/ARC-210 RT-2036 adds, in addition to newer 
     hardware, the Mobile User Objective System (MUOS) capability. 
     Access to the MUOS satellite constellation can be effectively 
     controlled by withholding the relevant order wire keys from 
     RT-2036 users.
       2. If a technologically advanced adversary were to obtain 
     knowledge of the specific hardware or software in this 
     proposed sale, the information could be used to develop 
     countermeasures which might reduce weapon system 
     effectiveness or be used in the development of a system with 
     similar or advance capabilities.
       3. A determination has been made that the recipient 
     country, the Government of Canada can provide substantially 
     the same degree of protection for the classified and 
     sensitive technology being released as the United States 
     Government. This sale is necessary in furtherance if the 
     United States 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 Canada.

                          ____________________