[Congressional Record Volume 167, Number 93 (Thursday, May 27, 2021)]
[Senate]
[Pages S3884-S3885]
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. 21-13, 
     concerning the Navy's proposed Letter(s) of Offer and 
     Acceptance to the Government of India for defense articles 
     and services estimated to cost $2.42 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. 21-13

     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 India.
       (ii) Total Estimated Value:
       Major Defense Equipment * $2.05 billion.
       Other $0.37 billion.
       Total $2.42 billion.
       Funding Source: National Funds.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Six (6) P-8I Patrol Aircraft.
       Eight (8) Multifunctional Information Distribution System-
     Joint Tactical Radio Systems 5 (MIDS-JTRS 5) (6 installed, 2 
     spares).
       Forty-two (42) AN/AAR-54 Missile Warning Sensors (36 
     installed, 6 spares).
       Fourteen (14) LN-251 with Embedded Global Positioning 
     Systems (GPS)/Inertial Navigations Systems (EGIs) (12 
     installed, 2 spares).

[[Page S3885]]

       Non-MDE: Also included are CFM56-7 commercial engines; 
     Tactical Open Mission Software (ITOMS) variant for P-8I; 
     Electro-Optical (EO) and Infrared (IR) MX-20HD; AN/AAQ-2(V)l 
     Acoustic System; ARES-1000 commercial variant Electronic 
     Support Measures; AN/APR-39D Radar Warning Receiver; AN/ALE-
     47 Counter Measures Dispensing System; support equipment and 
     spares; publications; repair and return; transportation; 
     aircraft ferry; training; U.S. Government and contractor 
     engineering, software, technical, and logistics support 
     services; and other related elements of logistical and 
     program support.
       (iv) Military Department: Navy (IN-P-SBB).
       (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, 2021.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

                   India--P-8I and Associated Support

       The Government of India has requested to buy six (6) P-8I 
     Patrol aircraft; eight (8) Multifunctional Information 
     Distribution System-Joint Tactical Radio Systems 5 (MIDS-JTRS 
     5) (6 installed, 2 spares); forty-two (42) AN/AAR-54 Missile 
     Warning Sensors (36 installed, 6 spares); and fourteen (14) 
     LN-251 with Embedded Global Positioning Systems (GPS)/
     Inertial Navigations Systems (EGIs) (12 installed, 2 spares). 
     Also included are CFM56-7 commercial engines; Tactical Open 
     Mission Software (ITOMS) variant for P-8I; Electro-Optical 
     (EO) and Infrared (IR) MX-20HD; AN/AAQ-2(V)l Acoustic System; 
     ARES-1000 commercial variant Electronic Support Measures; AN/
     APR-39D Radar Warning Receiver; AN/ALE-47 Counter Measures 
     Dispensing System; support equipment and spares; 
     publications; repair and return; transportation; aircraft 
     ferry; training; U.S. Government and contractor engineering, 
     software, technical, and logistics support services; and 
     other related elements of logistical and program support. The 
     total estimated program cost is $2.42 billion.
       This proposed sale will support 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 a major defensive partner, which 
     continues to be an important force for political stability, 
     peace, and economic progress in the Indo-Pacific and South 
     Asia region.
       The Indian Navy procured eight P-8I aircraft from Boeing in 
     January 2009, via Direct Commercial Sale and contracted for 
     an additional four aircraft in July 2016. The first P-8I 
     aircraft were delivered to the Indian Navy in 2013, providing 
     interoperability and critical capabilities to coalition 
     maritime operations. This proposed sale of an additional six 
     P-8I aircraft will allow the Indian Navy to expand its 
     maritime surveillance aircraft (MSA) capability for the next 
     30 years. India will have no difficulty 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. The purchaser typically requests offsets. Any offset 
     agreement will be defined in negotiations between the 
     purchaser and the prime contractor.
       Implementation of this proposed sale will require 
     approximately four (4) contractor personnel to support the 
     program execution in-country.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 21-13

     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 P-8I is the Indian variant of the P-8A developed by 
     Boeing, and it was initially sold commercially to the 
     Government of India in 2009. The P-8I contains a number of 
     unique mission systems from both Indian and other non-U.S. 
     suppliers to meet Indian Navy requirements. The P-8A aircraft 
     is a militarized version of the Boeing 737-800 Next 
     Generation (NG) commercial aircraft. The P-8A replaced the P-
     3C as the Navy's long-range Anti-Submarine Warfare (ASW); 
     Anti-Surface Warfare (ASuW); and Intelligence, Surveillance 
     and Reconnaissance (ISR) aircraft. P-8I mission systems 
     include:
       a. Tactical Open Mission Software (ITOMS) variant for P-8I. 
     ITOMS functions include environment planning, tactical aids, 
     weapons planning aids, and data correlation. ITOMS includes 
     an algorithm for track fusion which automatically correlates 
     tracks produced by on board and off board sensors.
       b. Electro-Optical (EO) and Infrared (IR) MX-20HD. The EO/
     IR system processes visible EO and IR spectrum to detect and 
     image objects.
       c. AN/AAQ-2(V)l Acoustic System. The Acoustic sensor system 
     is integrated within the mission system as the primary sensor 
     or the aircraft ASW missions. The Acoustic sensor system is 
     integrated within the mission system as the primary sensor 
     for the aircraft ASW missions consisting of an Ultra-
     Flightline Receiver, Ultra-Flightline Electronics Positioning 
     System, Boeing Acoustics Processor and a L-3 Comm Data 
     Recorder. The system has 64 sonobuoy processing capability.
       d. ARES-1000 Electronic Support Measures (ESM). This is a 
     commercial system which 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. 
     It does not contain U.S. specific emitter identification 
     technologies nor is it capable of using U.S. libraries or 
     parametric data.
       e. Electronic Warfare Self Protection (EWSP). The P-8I 
     aircraft EWSP consists of the ALQ-213 Electronic Warfare 
     Management System (EWMS), AN/AAR-54 Missile Warning Sensors, 
     AN/ALE-47 Countermeasures Dispensing System (CMDS), and AN/
     APR-39D RADAR Warning Receiver. The EWSP includes threat 
     information.
       f. Multifunctional Information Distribution System-Joint 
     Tactical Radio System 5 (MIDS-JTRS 5) is an advanced Link-16 
     Command, Control, Communications, and Intelligence (C3I) 
     system incorporating high-capacity, jam-resistant, digital 
     communication links for exchange of near real-time tactical 
     information, including both data and voice, among air, 
     ground, and sea elements.
       g. The LN-251 with Embedded Global Positioning System 
     (GPS)/Inertial Navigations Systems (EGIs) is a sensor that 
     combines Global Positioning System (GPS) and inertial sensor 
     inputs to provide accurate location information for 
     navigation and targeting.
       2. The highest level of classification of defense articles, 
     components, and services included in this potential sale is 
     SECRET.
       3. If a technologically advanced adversary were to obtain 
     knowledge of the specific hardware and software elements, 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 advanced 
     capabilities.
       4. A determination has been made that India 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.
       5. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     the Government of India.

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