[Congressional Record Volume 167, Number 48 (Monday, March 15, 2021)]
[Senate]
[Pages S1524-S1526]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        ARMS SALES NOTIFICATION

  Mr. MENENDEZ. 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. Robert Menendez,
     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. 21-24 
     concerning the Navy's proposed Letter(s) of Offer and 
     Acceptance to the Government of Germany for defense articles 
     and services estimated to cost $1.77 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,
                                                   Heidi H. Grant,
                                                         Director.
       Enclosures.


                         Transmittal No. 21-24

     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 Germany.
       (ii) Total Estimated Value:
       Major Defense Equipment* $1.10 billion.
       Other $.67 billion.
       Total $1.77 billion.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Five (5) P-8A Patrol Aircraft.
       Nine (9) Multifunctional Information Distribution System 
     Joint Tactical Radio Systems 5 (MIDS JTRS 5).
       Twelve (12) LN-251 with Embedded Global Positioning Systems 
     (GPS)/Inertial Navigation Systems (EGIs).
       Non-MDE: Also included are commercial engines; Tactical 
     Open Mission Software (TOMS); Electro-Optical (EO) and 
     Infrared MX-20HD; AN/ AAQ-2(V) I Acoustic System; AN/APY-10 
     radar; ALQ-240 Electronic Support Measures; NexGen Missile 
     Warning Sensors; AN/PRC-117G Manpack radios include

[[Page S1525]]

     MPE-S type II with SAASM 3.7; Global Positioning Systems 
     (GPS) 524D Precise Positioning System (PPS) for APY-10 Radar; 
     AN/ALQ-213 Electronic Counter Measures; AN/ALE-47 Counter 
     Measures Dispensing Systems; AN/UPX IFF Interrogators; APX-
     123A(C) IFF Digital Transponders; KIV-78 IFF Mode 5 
     Cryptographic Appliques; CCM-701A Cryptographic Core Modules; 
     KY-100M, KY-58, KYV-5 for HF-121C radios; AN/PYQ-10 V3 Simple 
     Key Loaders (SKL) with KOV-21 Cryptographic Appliques; 
     aircraft spares; spare engine; support equipment; operational 
     support systems; training; training devices; maintenance 
     trainer/classrooms; publications; software; engineering 
     technical assistance (ETA); logistics technical assistance 
     (LTA); Country Liaison Officer (CLO) support; Contractor 
     Engineering Technical Services (CETS); repair and return 
     (RoR); transportation; aircraft ferry; and other associated 
     training and support; and other related elements of logistics 
     and program support.
       (iv) Military Department: Navy (GY-P-SCO).
       (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: March 12, 2021.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

             Germany--P-8A Aircraft and Associated Support

       The Government of Germany has requested to buy five (5) P-
     8A Patrol Aircraft; nine (9) Multifunctional Distribution 
     System Joint Tactical Radio Systems 5 (MIDS JTRS 5); and 
     twelve (12) LN-251 with Embedded Global Positioning Systems 
     (GPS)/Inertial Navigations Systems (EGls). Also included are 
     commercial engines; Tactical Open Mission Software (TOMS); 
     Electro-Optical (EO) and Infrared MX-20HD; AN/AAQ-2(V) I 
     Acoustic System; AN/APY-10 radar; ALQ-240 Electronic Support 
     Measures; NexGen Missile Warning Sensors; AN/PRC-117G Manpack 
     radios include MPE-S type II with SAASM 3.7; Global 
     Positioning Systems (GPS) 524D Precise Positioning System 
     (PPS) for APY-10 Radar; AN/ALQ-213 Electronic Counter 
     Measures; AN/ALE-47 Counter Measures Dispensing Systems; AN/
     UPX IFF Interrogators; APX-123A(C) IFF Digital Transponders; 
     KIV-78 IFF Mode 5 Cryptographic Appliques; CCM-701A 
     Cryptographic Core Modules; KY-100M, KY-58, KYV-5 for HF-121C 
     radios; AN/PYQ-10 V3 Simple Key Loaders (SKL) with KOV-21 
     Cryptographic Appliques; aircraft spares; spare engine; 
     support equipment; operational support systems; training; 
     training devices; maintenance trainer/classrooms; 
     publications; software; engineering technical assistance 
     (ETA); logistics technical assistance (LTA); Country Liaison 
     Officer (CLO) support; Contractor Engineering Technical 
     Services (CETS); repair and return (RoR); transportation; 
     aircraft ferry; and other associated training and support; 
     and other related elements of logistics and program support. 
     The total estimated program cost is $1.77 billion.
       This proposed sale will support the foreign policy and 
     national security of the United States by improving the 
     security of a NATO Ally which is an important force for 
     political and economic stability in Europe.
       The proposed sale will improve Germany's capability to meet 
     current and future threats by providing critical capabilities 
     to coalition maritime operations. Germany currently operates 
     the Lockheed P-3C Orion, but that aircraft is reaching end-
     of-life and will retire in 2024. Germany plans to replace it 
     with the P-8A Poseidon. The proposed sale will allow Germany 
     to modernize and sustain its Maritime Surveillance Aircraft 
     (MSA) capability for the next 30 years. Germany will have no 
     difficulty transitioning its MSA force to P-8 and absorbing 
     these aircraft into its armed forces.
       The proposed sale of this equipment and support will not 
     alter the basic military balance in the region.
       The prime contractor will be The Boeing Company, Seattle, 
     WA. There are no known offset agreements proposed in 
     connection with this potential sale.
       Implementation of the proposed sale will require the 
     assignment of four (4) U.S. Government and four (4) 
     contractor representatives to Germany for a duration of two 
     (2) years to support equipment familiarization, training and 
     supply support.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 21-24

     Notice of Proposed Issuance of Letter of Offer Pursuant to 
         Section 36(b) of the Arms Export Control Act

                           Annex Item No. vii

       (vii) Sensitivity of Technology:
       1. The P-8A aircraft is a militarized version of the Boeing 
     737-800 Next Generation (NG) commercial aircraft. The P-8A is 
     replacing the P-3C as the Navy's long-range anti-submarine 
     warfare (ASW), anti-surface warfare (ASuW), intelligence, 
     surveillance and reconnaissance (ISR) aircraft capable of 
     broad-area, maritime, and littoral operations.
       2. Multifunctional Information Distribution System--Joint 
     Tactical Radio System (MIDS JTRS) 5, is an advanced Link-16 
     command, control, communications, and intelligence (C31) 
     system incorporating high-capacity, jam-resistant, digital 
     communication links for exchange of near real-time tactical 
     information, including both data and vice, among air, ground, 
     and sea elements.
       3. The Embedded Global Positioning System (EGI)-Inertial 
     Navigation System (INS)/LN-251 is a sensor that combines 
     Global Positioning System (GPS) and inertial sensor inputs to 
     provide accurate location information for navigation and 
     targeting.
       4. Tactical Open Mission Software (TOMS). Functions include 
     environment planning, tactical aids, weapons planning aids, 
     and data correlation. TOMS includes an algorithm for track 
     fusion which automatically correlates tracks produced by on 
     board and off board sensors.
       5. Electro-Optical (EO) and Infrared (IR) MX-20HD. The EO/
     IR system processes visible EO and IR spectrum (IR Focal 
     Plane Array (FPA) and Turret Stabilization) to detect and 
     image objects.
       6. AN/AQQ-2(V)1 Acoustic System. The Acoustic sensor system 
     is integrated within the mission system as the primary sensor 
     for the aircraft ASW missions. The system has multi-static 
     active (MAC) 64 sonobuoy processing capability and acoustic 
     sensor prediction tools.
       7. AN/APY-10 Radar. The aircraft radar is a direct 
     derivative of the legacy AN/APS 137(V) installed in the P-3C. 
     The radar capabilities include GPS selective availability 
     anti-spoofing monitoring (SAASM), SAR and ISAR imagery 
     resolutions, and periscope detection mode.
       8. ALQ-240 Electronic Support Measures (ESM). This system 
     provides real time capability for the automatic detection, 
     location, measurement, and analysis of RF-signals and modes. 
     Real time results are compared with a library of known 
     emitters to perform emitter classification.
       9. Electronic Warfare Self Protection (EWSP). The P-8A 
     Electronic Warfare Self Protection (EWSP) suite consists of 
     the ALQ-213 Electronic Warfare Management System (EWMS), ALE-
     47 Countermeasures Dispensing System (CMDS) and the NexGEN 
     Missile Warning Sensors (MWS). EWSP includes threat 
     information.
       10. AN/PRC-117G Radio, Manpack. The AN/PRC-117G is a 
     tactical radio that extends communications Beyond-Line-Of-
     Sight (BLOS) with abilities for simultaneous SATCOM voice and 
     data transmission. Situational Awareness is enhanced by an 
     embedded Selective Availability Anti-Spoofing Module (SAASM) 
     3.7 GPS receiver.
       11. GPS 524D Precise Positioning System (PPS) with 
     Selective Availability Anti-Spoofing Module (SAASM) for APY-
     10 Radar. The radar Receiver Exciter Processor (REP) contains 
     GPS SAASM Mode III hardware. The APY-10 radar hardware and 
     software are unclassified. APY-10 Radar provides the 
     following capabilities: Synthetic Aperture Radar/Inverse 
     Synthetic Aperture Radar (SAR/ISAR) resolution, Geo-Location, 
     Periscope Detection Mode, Track Generation, Track While Scan, 
     Color Weather Radar, and IFF Interface.
       12. AN/UPX IFF Interrogator. The Identification Friend or 
     Foe (IFF) AN/UPX-43 Interrogator system provides operators 
     with the capability for timely and accurate display of both 
     civil and military air traffic.
       13. AN/APX-123A(C) IFF Transponder Digital. The 
     Identification Friend or Foe (IFF) AN/APX-123A transponder is 
     capable of both Mode 5 and Mode S secure modes and provides 
     own ship positional information.
       14. KIV-78 IFF Mode 5 Cryptographic Applique. The KIV-78 is 
     Type 1 NSA-certified COMSEC for IFF (Identification Friend or 
     Foe). KIV-78 provides cryptographic and time-of-day services, 
     concurrent Mode 5 operations as well as concurrent 
     interrogator/transponder operations. KIV-78 IFF system 
     deployed to identify cooperative, friendly systems.
       15. CCM-701A Cryptographic Core Module. Common Data Link is 
     used for line of sight secure transmission of video imagery 
     to Ground Terminals, and Ships.
       16. KY-100M, KY-58, KYV-5 for HF-121CD Radio. The KY-100M 
     is a narrowband/wideband terminal that interoperates with 
     TACTERM (CV-3591/KYV-5), MINTERM (KY-99A), VINSON (KY-57, KY-
     58) and SINCGARS. A self-contained terminal including COMSEC, 
     KY-100M provides for secure voice and data communications in 
     tactical airborne/ground environments. The KY-100M is based 
     on the KY-99A architecture with enhanced interface 
     capability. It includes KY-99A's operational modes, and KY-
     58's operational modes.
       17. AN/PYQ-10 V3 Simple Key Loader (SKL) with KOV-21 
     Cryptographic Applique. The Simple Key Loader (SKL) is a 
     ruggedized, portable, hand-held fill device, for securely 
     receiving, storing, and transferring data between compatible 
     cryptographic and communications equipment. Provides 
     streamlined management of COMSEC key, Electronic Protection 
     (EP) data, and Signal Operating Instructions (SOI). 
     Cryptographic functions are performed by an embedded KOV-21 
     card.
       18. The highest level of classification of defense 
     articles, components, and services included in this potential 
     sale is SECRET.
       19. If a technologically advanced adversary were to obtain 
     knowledge of the hardware and software elements, the 
     information could be used to develop countermeasures or 
     equivalent systems which might reduce system effectiveness or 
     be used in the development of a system with similar or 
     advanced capabilities.

[[Page S1526]]

  

       20. A determination has been made that Germany can provide 
     substantially the same degree of protection for the 
     technology being released as the U.S. Government. This 
     potential sale is necessary in furtherance of the U.S. 
     foreign policy and national security objectives as outlined 
     in the Policy Justification.
       21. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     Germany

                          ____________________