[Congressional Record Volume 167, Number 93 (Thursday, May 27, 2021)]
[Senate]
[Pages S3879-S3881]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        ARMS SALES NOTIFICATION

  Mr. MENENDEZ. 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. 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. 21-38, 
     concerning the Air Force's proposed Letter(s) of Offer and 
     Acceptance to the Government of Australia for defense 
     articles and services estimated to cost $1.651 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. 21-38

     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 Australia.
       (ii) Total Estimated Value:
       Major Defense Equipment* $.651 billion.
       Other $1.000 billion.
       Total $1.651 billion.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under consideration for Purchase:
       Major Defense Equipment (MDE):
       Up to twelve (12) Weapons-Ready MQ-9B, Remotely Piloted 
     Aircraft.
       Fifteen (15) Raytheon Multi-Spectral Targeting Systems-D 
     (MTS-D) EO/IR Sensors.
       Sixteen (16) Lynx AN/APY-8 Synthetic Aperture Radars (SAR) 
     with Ground Moving Target Indicator (GTMI).
       Fifteen (15) RIOTM Communication Intelligence 
     Systems.
       Thirty-six (36) Embedded Global Positioning System/Inertial 
     Navigations Systems (EGI) with Selective Availability Anti-
     Spoofing Modules (SAASMs).
       Six (6) KMU-572 Joint Direct Attack Munitions (JDAM) Tail 
     Kits for 500lb Bombs.
       Four (4) MXU-650 Airfoil Groups for 500lb Paveway II GBU-
     12.
       Seven (7) MXU-1006 Airfoil Groups for 250lb Paveway II GBU-
     58.
       Four (4) MAU-169 or MAU-209 Computer Control Groups (CCGs) 
     for 250lb/500lb Paveway II GBU-58/GBU-12.
       Six (6) FMU-139 Fuse Systems.
       Twelve (12) MK-82 General Purpose 500lb Inert Bombs.
       Five (5) High Bandwidth Compact Telemetry Modules (HCTMs).
       Non-MDE: Also included are Honeywell aircraft engines; 
     Certifiable Ground Control Stations (CGCSs); mobile Satellite 
     Communication Ground Data Terminals (SGDTs); Leonardo SAGE 
     750 Electronic Surveillance Measures System (ESM); GATES/RSO/

[[Page S3880]]

     GRMA; Automatic Information System (AIS); ARC-210 radios; AN/
     DPX-7 IFF transponders; General Dynamics Satellite 
     Communication (SATCOM) antennas and Hughes modems with USG 
     encryption; Leonardo/Selex SeaSpray 7500 maritime radars; KY-
     100M security voice terminals; KIV-77 Mode 4/5 IFF 
     cryptographic appliques; AN/PYQ-10C Simple Key Loaders; U.S. 
     Government Certified Encryption Solution; KOR-24A Small 
     Tactical Terminal Link-16; Sierra Nevada Electronic 
     Intelligence System; additional secure communications and 
     cryptographic equipment; MQ-9B training simulator; Hellfire 
     Training Missiles, missile rail kits and integration; M-299 
     Hellfire Rail Launchers; DSU-38 Laser Illuminated Target 
     Detector for GBU-54; MK-81 General Purpose Bombs 250lb Inert 
     Bombs; aircraft and weapons integration, test, and test 
     equipment; additional ground support and test equipment; 
     initial spare repair parts; repair & return; publications and 
     technical documentation; personnel training and training 
     equipment; U.S. Government and contractor engineering; 
     technical, and logistics support services; and other related 
     elements of logistical and program support.
       (iv) Military Department: Air Force (AT-D-SAG).
       (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 Defense 
     Article or Defense Services Proposed to be Sold: See Attached 
     Annex.
       (viii) Date Report Delivered to Congress: April 23, 2021.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

               Australia--MQ-9B Remotely Piloted Aircraft

       The Government of Australia has requested to buy up to 
     twelve (12) Weapons-Ready MQ-9B, Remotely Piloted Aircraft; 
     fifteen (15) Raytheon Multi-Spectral Targeting Systems-D 
     (MTS-D) EO/IR sensors; sixteen (16) Lynx AN/APY-8 Synthetic 
     Aperture Radars (SAR) with Ground Moving Target Indicator 
     (GTMI); fifteen (15) RIOTM Communication 
     Intelligence Systems; thirty-six (36) Embedded Global 
     Positioning System/Inertial Navigations Systems (EGI) with 
     Selective Availability Anti-Spoofing Modules (SAASMs); six 
     (6) KMU-572 Joint Direct Attack Munitions (JDAM) tail kits 
     for 500lb bombs; four (4) MXU-650 Airfoil Groups for 500lb 
     Paveway II GBU-12; seven (7) MXU-1006 Airfoil Groups for 
     250lb Paveway II GBU-58; four (4) MAU-169 or MAU-209 Computer 
     Control Groups (CCGs) for 250lb/500lb Paveway II GBU-58/GBU-
     12; six (6) FMU-139 Fuse Systems; twelve (12) MK-82 General 
     Purpose 500lb inert bombs; five (5) High Bandwidth Compact 
     Telemetry Modules (HCTMs). Also included are Honeywell 
     aircraft engines; Certifiable Ground Control Stations 
     (CGCSs); mobile Satellite Communication Ground Data Terminals 
     (SGDTs); Leonardo SAGE 750 Electronic Surveillance Measures 
     System (ESM); GATES/RSO/GRMA; Automatic Information System 
     (AIS); ARC-210 radios; AN/DPX-7 IFF transponders; General 
     Dynamics Satellite Communication (SATCOM) antennas and Hughes 
     modems with USG encryption; Leonardo/Selex SeaSpray 7500 
     maritime radars; KY-l00M security voice terminals; KIV-77 
     Mode 4/5 IFF cryptographic appliques; AN/PYQ-1OC Simple Key 
     Loaders; U.S. Government Certified Encryption Solution; KOR-
     24A Small Tactical Terminal Link-16; Sierra Nevada Electronic 
     Intelligence System; additional secure communications and 
     cryptographic equipment; MQ-9B training simulator; Hellfire 
     Training Missiles, missile rail kits and integration; M-299 
     Hellfire Rail Launchers; DSU-38 Laser Illuminated Target 
     Detector for GBU-54; MK-81 General Purpose Bombs 250lb Inert 
     Bombs; aircraft and weapons integration, test, and test 
     equipment; additional ground support and test equipment; 
     initial spare repair parts; repair & return; publications and 
     technical documentation; personnel training and training 
     equipment; U.S. Government and contractor engineering; 
     technical, and logistics support services; and other related 
     elements of logistical and program support. The overall total 
     estimated value is $1.651 billion.
       This proposed sale will support the foreign policy and 
     national security objectives of the United States. Australia 
     is one of our most important allies in the Western Pacific. 
     The strategic location of this political and economic power 
     contributes significantly to ensuring peace and economic 
     stability in the region. It is vital to the U.S. national 
     interest to assist our ally in developing and maintaining a 
     strong and ready self-defense capability.
       The proposed sale improves Australia's capability to meet 
     current and future threats by providing timely Intelligence, 
     Surveillance, and Reconnaissance (1SR), target acquisition, 
     locate submarine capabilities, and counter-land and counter-
     surface sea capabilities for its security and defense. This 
     sale will enhance interoperability between the U.S. Air Force 
     and the Royal Australian Air Force (RAAF). Australia has 
     demonstrated a commitment to modernizing its military and 
     will have no difficulty absorbing this equipment into its 
     armed forces.
       The principal contractors will be General Atomic 
     Aeronautical Systems Inc., San Diego, CA; Lockheed Martin 
     Inc., Bethesda, MD; Raytheon Inc., Waltham MA; and Leonardo 
     SpA, Rome, Italy. 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 not require the 
     assignment of any additional U.S. Government or contractor 
     representatives to Australia.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 21-38

     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 MQ-9B Remotely Piloted Aircraft (RPA) is a weapons-
     ready aircraft designed for Medium-Altitude Long-Endurance 
     (MALE) Intelligence, Surveillance and Reconnaissance (ISR), 
     Target Acquisition, and Strike Missions. The MQ-9B RPA is not 
     a U.S. Air Force program of record but has close ties to, and 
     builds upon, the proven success of the MQ-9A Reaper. The MQ-
     9B is a highly modular, easily configurable aircraft that 
     contains the necessary hard points, power, and data 
     connections to accommodate a variety of payloads and 
     munitions to meet multiple missions, including counter-land, 
     counter-sea, and antisubmarine strike operations. The system 
     is designed to be controlled by two operators within a 
     Certifiable Ground Control Station (CGCS). The CGCS is 
     designed to emulate a reconnaissance aircraft cockpit, giving 
     users extensive means to operate both the aircraft and 
     sensors. The MQ-9B is able to operate using a direct Line-of-
     Sight (LOS) datalink or Beyond Line-of-Sight (BLOS) through 
     satellite communications (SATCOM). The MQ-9B system can be 
     deployed from a single site that supports launch/recovery, 
     mission control, and maintenance. The system also supports 
     remote-split operations where launch/recovery and maintenance 
     occur at a Forward Operating Base (FOB) and mission control 
     is conducted from another location or Main Operating Base 
     (MOB).
       2. The Raytheon Multi-Spectral Targeting Systems-D (MTS-D) 
     EO/IR sensors is a multispectral Targeting System with Laser 
     Target Designator (LTD). A multi-use Electro Optical (EO)/
     infrared (IR) sensor provides long-range surveillance, high-
     altitude target acquisition, tracking, range-finding, and 
     laser designation for all tri-service and NATO laser-guided 
     munitions, with capabilities up to and including high 
     definition color TV, high definition short-wave IR, medium-
     wave IR, and long-wave IR sensors. The AN/DAS-4 is an 
     evolutionary upgrade to the current AN/DAS-I system.
       3. The Lynx AN/APY-8 Synthetic Aperture Radars (SAR) with 
     Ground Moving Target Indicator (GTMI) System provides all-
     weather surveillance, tracking, and targeting for military 
     and commercial customers from manned and unmanned vehicles.
       4. The L3 Harris RIOTM Communications 
     Intelligence System incorporates radio receivers and flexible 
     digital processing to create the ability to intercept, 
     location, and copy adversary communications. The system is 
     flexible enough that it can detect a wide variety of types of 
     communications. The open design allows the system to be 
     upgraded with new software features as adversary 
     communications change.
       5. The Honeywell TPE-331-10-GD Turboprop Engine is used in 
     a variety of airborne platforms, including the MQ-9B.
       6. The Ground Control Station (GCS) can be either fixed or 
     mobile. The fixed GCS is enclosed in a customer-specified 
     shelter. It incorporates workstations that allow operators to 
     control and monitor the aircraft, as well as record and 
     exploit downlinked payload data. The mobile GCS allows 
     operators to perform the same functions and is contained on a 
     mobile trailer. Workstations in either GCS can be tailored to 
     meet customer requirements.
       7. The Embedded GPS-INS (EGI) with Selective Availability 
     Anti-Spoofing Module (SAASM) is a self-contained navigation 
     system that provides the following: acceleration, velocity, 
     position, attitude, platform azimuth, magnetic and true 
     heading, altitude, body angular rates, time tags, and 
     coordinated universal time (UTC) synchronized time. SAASM 
     enables the GPS receiver access to the encrypted P(Y) signal 
     providing protection against active spoofing attacks.
       8. Leonardo SeaSpray Maritime Multi-Role Patrol Radar is a 
     synthetic aperture X-band radar that provides small-target 
     maritime detection in high seas, maritime search (including 
     submarine periscopes and semi-submersibles), radar imaging of 
     ocean targets, and weather detection and avoidance.
       9. The SAGE 750 Electronic Surveillance Measures (ESM) 
     System is a United Kingdom produced digital electronic 
     intelligence (ELINT) sensor that analyzes the electromagnetic 
     spectrum to map the source of active emissions. Using highly 
     accurate Direction Finding (DF) antennas, SAGE builds target 
     locations and provides situational awareness, advance warning 
     of threats, and the ability to cue other sensors.
       10. The C-Band Line-of-Sight (LOS) Ground Data Terminals 
     and Ku-Band SATCOM GA-ASI Transportable Earth Stations 
     (GATES) provide command, control, and data acquisition for 
     the MQ-9B.
       11. The ARC-210 UHF/VHF secure radio is a voice 
     communications radio system that can operate in either 
     normal, secure, and/or jam-resistant modes.
       12. The KOR-24A Small Tactical Terminal Link-16 is a 
     command, control communications, and intelligence (C3I) 
     system incorporating high-capacity, jam-resistant, digital 
     communication links for exchange of

[[Page S3881]]

     near real-time tactical information, including both data and 
     voice, among air, ground, and sea elements.
       13. The AN/DPX-7 is an Identification Friend or Foe (IFF) 
     Transponder used to identify and track aircraft, ships, and 
     some ground forces to reduce friendly fire incidents.
       14. The KY-100M is a lightweight terminal for secure voice 
     and data communications. The KY-100M provides wideband/
     narrowband half-duplex communication. Operating in tactical 
     ground, marine and airborne applications, the KY-100M enables 
     secure communication with a broad range of radio and 
     satellite equipment.
       15. The KIV-77 Mode 5 crypto applique computer for IFF is 
     Type 1 certified by the National Security Agency and provides 
     information assurance for both legacy Mode 4 and new Mode 5 
     IFF equipment. The KIV-77 is used to store the classified 
     keys.
       16. The AN/APQ-10C Simple Key Loader is a handheld fill 
     device for securely receiving, storing, and transferring data 
     between cryptographic and communications equipment.
       17. The Joint Direct Attack Munitions (JDAM) is a guidance 
     set that converts existing unguided bombs (MK-82, MK-83, MK-
     84, BLU-109, BLU-110, BLU-111, BLU-117, BLU-126 (Navy) or 
     BLU-129 warhead) into an accurate, adverse weather ``smart'' 
     munition. The Guidance Set consists of a Tail Kit, which 
     contains the Inertial Navigation System (INS) and a Global 
     Positioning System (GPS), and a set of Aerosurfaces and an 
     umbilical Cover, which allows the JDAM to improve the 
     accuracy of unguided, general purpose bombs. The Guidance 
     Set, when combined with a warhead and appropriate fuse, forms 
     a JDAM Guided Bomb Unit (GBU). The JDAM weapon can be 
     delivered from modest standoff ranges at high or low 
     altitudes against a variety of land and surface targets 
     during the day or night. After release, JDAM autonomously 
     guides to a target, using the resident GPS-aided INS guidance 
     system. The JDAM is capable of receiving target coordinates 
     via preplanned mission data from the delivery aircraft, by 
     onboard aircraft sensors (i.e., FUR, Radar, etc.) during 
     captive carry, or from a third-party source via manual or 
     automated aircrew cockpit entry.
       The KMU-572 is the guidance set for a GBU-38 (500-pound 
     bomb body) JDAM Tail Kit.
       18. The Laser JDAM (GBU-54) is a 500-pound JDAM that 
     incorporates all the capabilities of the JDAM guidance kit 
     and adds a precision laser guidance set. The Guidance Set 
     consists of a Tail Kit, which contains the Inertial 
     Navigation System (INS) and a Global Positioning System (GPS) 
     receiver, a set of Aerosurfaces and an umbilical cover, which 
     allows the JDAM to improve the accuracy of unguided, general 
     purpose bombs. The Laser JDAM (LJDAM) adds the DSU-38/40 
     sensor, which gives the system a semi-active laser seeker. 
     This allows the weapon to strike targets moving at up to 70 
     mph.
       19. GBU-12/58 Paveway II (PW-II) 500-pound (GBU-12) and 
     250-pound (GBU-58) are maneuverable, free-fall, laser-guided 
     bombs (LGBs) that guides to reflected laser energy from the 
     desired target. Employment of the LGB is the same as a normal 
     general purpose (GP) warhead, except the semi-active guidance 
     corrects for employment errors inherent in any delivery 
     system. Laser designation for the weapon can be provided by a 
     variety of laser target markers or designators from the air 
     or ground. The Paveway system consists of a laser guidance 
     kit, a computer control group (CCG), a warhead-specific Air 
     Foil Group (AFG) that attach to the nose and tail of MK-81 
     and MK-82 General Purpose (GP) bombs, and a fuse. The weapon 
     is primarily used for precision bombing against non-hardened 
     targets.
       a. The MAU-169 or the MAU-209 are the CCG for the GBU-12 
     and GBU-58.
       b. The MXU-650 is the AFG for the 500-pound GBU-12.
       c. MXU-1006/B is the AFG for the 250-pound GBU-58.
       20. MK-82 Inert General Purpose (GP) bomb is a 500-pound, 
     free-fall, unguided, low-drag inert weapon used for 
     integration testing. There is no explosive fill.
       21. MK-81 Inert GP bomb is a 250-pound inert training 
     ordnance representative in size and weight of an explosive 
     filled bomb to simulate either a free-fall 250-pound bomb or 
     precision guided munition.
       22. The Joint Programmable Fuse (JPF) FMU-139 is a multi-
     delay, multi-arm and proximity sensor compatible with general 
     purpose blast, frag, and hardened-target penetrator weapons. 
     The JPF settings are cockpit selectable in flight when used 
     numerous precision-guided weapons. It can interface with 
     numerous weapons including GBU-12, GBU-58, GBU-54, and GBU-
     38.
       23. The highest level of classification of defense 
     articles, components, and services included in this potential 
     sale is SECRET.
       24. 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.
       25. A determination has been made that the Government of 
     Australia 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.
       26. All defense articles and services listed in this 
     transmittal are authorized for release and export to the 
     Government of Australia.

                          ____________________