[Congressional Record Volume 167, Number 103 (Monday, June 14, 2021)]
[Senate]
[Pages S4514-S4516]
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. 21-42, 
     concerning the Army's proposed Letter(s) of Offer and 
     Acceptance to the Government of Australia for defense 
     articles and services estimated to cost $3.5 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,
                                                   Heidi H. Grant,
                                                         Director.
       Enclosures.


                         transmittal No. 21-42

     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 Australia.
       (ii) Total Estimated Value:
       Major Defense Equipment* $2.5 billion.
       Other $1.0 billion.
       Total $3.5 billion.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Twenty-nine (29) AH-64E Apache Attack Helicopters.
       Sixty-four (64) T700-GE 701D Engines (58 installed, 6 
     spares).
       Twenty-nine (29) AN/ASQ-170 Modernized Target Acquisition 
     and Designation Sight/AN/AAR-11 Modernized Pilot Night Vision 
     Sensors (M-TADS/PNVS).
       Sixteen (16) AN/APG-78 Fire Control Radars (FCR) with Radar 
     Electronic Units.
       Twenty-nine (29) AN/APR-48B Modernized Radar Frequency 
     Interferometers (MRFI).
       Seventy (70) Embedded Global Positioning Systems with 
     Inertial Navigation Systems plus Multi-Mode Receiver 
     (EGI+MMR) (58 installed, 12 spares).
       Thirty-five (35) AAR-57 Common Missile Warning Systems 
     (CMWS) (29 installed, 6 spares).
       Seventy (70) AN/ARC-231A Very High Frequency/Ultra High 
     Frequency (VHF/UHF) Radios (58 installed, 12 spares).
       Eighty-five (85) AGM-114R Hellfire Missiles.
       Twenty-nine (29) M36E8 Hellfire Captive Air Training 
     Missiles (CATM).
       Two thousand (2,000) Advanced Precision Kill Weapon System 
     Guidance Sections (APKWS-GS).
       Non-MDE: Also included are AN/APR-39 Radar Signal Detecting 
     Sets; AN/AVR-2B Laser Detecting Sets; AN/APX-123A 
     Identification Friend or Foe (IFF) transponders; IDM-401 
     Improved Data Modems; Link-16 Small Tactical Terminal KOR-24-
     A; Improved Countermeasure Dispensing System (ICMD); AN/ARN-
     149 (V)3 Automatic Direction Finders; Doppler ASN-157 Doppler

[[Page S4515]]

     Radar Velocity Sensors; AN/APN-209 Radar Altimeters Common 
     Core (RACC); AN/ARN-153 Tactical Air Navigation Set (TACAN); 
     AN/PYQ-lO(C) Simple Key Loader; M230El + M 139 A WS Automatic 
     Gun; M261 Rocket Launchers; M299 missile launchers; 2.75 inch 
     rockets; 30mm rounds; High Explosive Warhead for airborne 
     2.75 rockets, inert; MK66-4 2.75 inch rocket High Explosive 
     warhead M 151 fuze M423 motor; MK66-4 2.75 inch rocket 
     warhead M274 motor; MK66-4 2.75 inch rocket motor; M151HE 
     2.75 inch warhead; Manned-Unmanned Teaming-2 (MUMT-X) video 
     receivers; Manned-Unmanned Teaming-2 (MUMT-X) Air-AirGround 
     kits; 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 program and 
     logistical support.
       (iv) Military Department: Army (AU-B-ULV).
       (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: June 3, 2021.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

                  Australia--AH-64E Apache Helicopters

       The Government of Australia has requested to buy twenty-
     nine (29) AH-64E Apache attack helicopters; sixty-four (64) 
     T700-GE 701D engines (58 installed, 6 spares); twenty-nine 
     (29) AN/ASQ-170 Modernized Target Acquisition and Designation 
     Sight/AN/AAR-11 Modernized Pilot Night Vision Sensors (M-
     TADS/PNVS); sixteen (16) AN/APG-78 Fire Control Radars (FCR) 
     with Radar Electronic Units; twenty-nine (29) AN/APR-48B 
     Modernized Radar Frequency Interferometers (MRFI); seventy 
     (70) Embedded Global Positioning Systems with Inertial 
     Navigation Systems plus Multi-Mode Receiver (EGI+MMR) (58 
     installed, 12 spares); thirty-five (35) AAR-57 Common Missile 
     Warning Systems (CMWS) (29 installed, 6 spares); seventy (70) 
     AN/ARC-231A Very High Frequency/Ultra High Frequency (VHF/
     UHF) radios (58 installed, 12 spares); eighty-five (85) AGM-
     114R Hellfire missiles; twenty-nine (29) M36E8 Hellfire 
     Captive Air Training Missiles (CATM); and two thousand 
     (2,000) Advanced Precision Kill Weapon System Guidance 
     Sections (APKWS-GS). Also included are AN/APR-39 Radar Signal 
     Detecting Sets; AN/AVR-2B Laser Detecting Sets; AN/APX-123A 
     Identification Friend or Foe (IFF) transponders; IDM-401 
     Improved Data Modems; Link-16 Small Tactical Terminal KOR-24-
     A; Improved Countermeasure Dispensing System (ICMD); AN/ARN-
     149 (V)3 Automatic Direction Finders; Doppler ASN-157 Doppler 
     Radar Velocity Sensors; AN/APN-209 Radar Altimeters Common 
     Core (RACC); AN/ ARN-153 Tactical Air Navigation Set (TACAN); 
     AN/PYQ-1O (C) Simple Key Loader; M230El + M139 AWS Automatic 
     Gun; M261 Rocket Launchers; M299 missile launchers; 2.75 inch 
     rockets; 30mm rounds; High Explosive Warhead for airborne 
     2.75 rockets, inert; MK66-4 2.75 inch rocket High Explosive 
     warhead M151 fuze M423 motor; MK66-4 2.75 inch rocket warhead 
     M274 motor; MK66-4 2.75 inch rocket motor; Ml51HE 2.75 inch 
     warhead; Manned-Unmanned Teaming-2 (MUMT-X) video receivers; 
     Manned-Unmanned Teaming-2 (MUMT-X) Air-Air-Ground kits; 
     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 program and 
     logistical support. The total estimated value is $3.5 
     billion.
       The proposed sale will improve Australia's capability to 
     meet current and future threats, and will enhance 
     interoperability with U.S. forces and other allied forces. 
     Australia will use the enhanced capability to strengthen its 
     homeland defense and provide greater security for its 
     critical infrastructure. Australia will have no difficulty 
     absorbing these Apache 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 contractors involved in this program will be 
     Boeing, Mesa, AZ; and Lockheed Martin, Orlando, FL. 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 eight (8) contractor representatives to 
     Australia.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 21-42

     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 AH-64E Apache Attack Helicopter is the Army's 
     advanced attack helicopter equipped for performing close air 
     support, anti-armor, and armed reconnaissance missions. The 
     aircraft contains the following sensitive communications and 
     target identification equipment, navigation equipment, 
     aircraft survivability equipment, displays, and sensors:
       a. The AN/ARC-231 Ultra High Frequency (UHF) radio is a 
     software defined radio for military aircraft that provides 
     two-way multi-mode voice and data communications. It provides 
     joint service standard line of sight (LOS), HAVE QUICK, 
     SATURN, and SINCGARS electronic counter-counter measures 
     (ECCM), along with integrated waveform satellite 
     communications (SATCOM).
       b. The AN/APX-123A Identify Friend-or-Foe (IFF) digital 
     transponder set provides pertinent platform information in 
     response to an IFF interrogator. The digital transponder 
     provides cooperative Mark XII IFF capability using full 
     diversity selection, as well as Mode Select (Mode S) 
     capability. In addition, transponder operation provides 
     interface capability with the aircraft's Traffic Collision 
     and Avoidance System (TCAS). The transponder receives pulsed 
     radio frequency interrogation signals in any of six modes ( 
     1, 2, 3/A, S, and 5), decodes the signals, and transmits a 
     pulse-coded reply. The Mark XII lFF operation includes 
     Selective Identification Feature (SIF) Modes 1, 2, 3/A and C, 
     as well as secure cryptographic Mode 5 operational 
     capability.
       c. Link 16 Datalink is a military tactical data link 
     network. Link 16 provides aircrews with enhanced situational 
     awareness and the ability to exchange target information to 
     Command and Control (C2) assets via Tactical Digital 
     Information Link-Joint (TADIL-J). Link 16 can provide a range 
     of combat information in near-real time to U.S. and allies' 
     combat aircraft and C2 centers. The AH-64E uses the Harris 
     Small Tactical Terminal (SIT) KOR-24A to provide Airborne and 
     Maritime/Fixed Station (AMF) Small Airborne Link 16 Terminal 
     (SALT) capability. The SIT is the latest generation of small, 
     two-channel, Link 16 and VHF /UHF radio terminals. While in 
     flight, the SIT provides simultaneous communication, voice or 
     data, on two key waveforms.
       d. The AN/APR-39 Radar Warning Receiver Signal Detecting 
     Set is a system that provides warning of a radar directed air 
     defense threat and allows appropriate countermeasures. This 
     is the 1553 databus compatible configuration.
       e. The AN/AVR-2B Laser Warning Set is a passive laser 
     warning system that receives, processes and displays threat 
     information resulting from aircraft illumination by lasers on 
     the aircraft's multi-functional display.
       f. The AAR-57 Common Missile Warning System (CMWS) detects 
     energy emitted by threat missile in-flight, evaluates 
     potential false alarm emitters in the environment, declares 
     validity of threat and selects appropriate counter-measures 
     for defeat. The CMWS consists of an Electronic Control Unit 
     (ECU), Electro-Optic Missile Sensors (EOMSs), and Sequencer 
     and Improved Countermeasures Dispenser (ICMD).
       g. The AH-64E uses two EAGLE+MMR embedded GPS/Inertial 
     navigation systems with Multi-Mode Receiver. The EAGLE+MMR is 
     a self-contained, all-attitude navigation system with 
     embedded GPS receiver, controlled via MIL-STD-1553B 
     controller, providing output navigation and GPS timing data 
     to support ADS-B out and other platform systems. The EAGLE's 
     EGI unit houses a 24 channel GPS receiver which is capable of 
     operating in either Standard Positioning Service (SPS) C/A-
     code (non-encrypted) or Precise Positioning Service (PPS) Y-
     code (encrypted). The Eagle+ MMR is pending aircraft testing 
     and air worthiness rating (AWR) approval, with flight tests 
     anticipated to start in April 2021. AWR approval is expected 
     prior to the proposed sale to Australia.
       h. The AN/ASQ-170 Modernized Target Acquisition and 
     Designation Sight/AN/AAQ-11 Pilot Night Vision Sensor (MTADS/
     PNVS) provides day, night, 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), television, and Forward Looking Infrared (FLIR) 
     sighting systems that may be used singularly or in 
     combinations.
       i. The AN/APR-48B Modernized Radar Frequency Interferometer 
     (M-RFI) is an updated version of the passive radar detection 
     and direction finding system. It utilizes a detachable UDM on 
     the M-RFI processor, which contains the Radar Frequency (RF) 
     threat library.
       j. The AN/APG-78 Longbow Fire Control Radar (FCR) with 
     Radar Electronics Unit (REU) is an active, low-probability of 
     intercept, millimeter wave radar. The active radar is 
     combined with a passive Radar Frequency Interferometer (RFI) 
     mounted on top of the helicopter mast. 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 in normal flight. If desired, the 
     radar data can be used to refer targets to the regular 
     electro-optical Modernized Target Acquisition and Designation 
     Sight (MTADS).
       k. The Manned-Unmanned Teaming X (MUM-Tx) data link system 
     provides cross-

[[Page S4516]]

     platform communication and teaming between Apache, unmanned 
     aerial systems (UAS), and other interoperable aircraft and 
     ground platforms. It provides the ability to display real-
     time UAS sensor information and MTADs full motion video feeds 
     across MUM-T equipped platforms and ground stations.
       l. The M299 Missile Launcher, commonly known as the Longbow 
     Hellfire Launcher (LBHL), is a four rail launcher designed to 
     carry the complete family of AGM-114 Hellfire missiles.
       m. The AGM-114R Hellfire is a semi-active laser guided 
     missile with a multi-purpose warhead that can engage and 
     defeat both high and heavily armored targets, personnel, 
     bunkers, caves and urban structures.
       n. The Hellfire M36E9 Captive Air Training Missile (CATM) 
     is a flight-training missile that consists of a functional 
     guidance section coupled to an inert missile bus. It 
     functions like a tactical missile during captive carry on the 
     aircraft, absent launch capability, making it suitable for 
     training the aircrew in simulated Hellfire missile target 
     acquisition and lock.
       o. The M261 2.75 Inch Rocket Launcher is a nineteen tube, 
     three zone rocket launcher utilized on heavy attack aircraft. 
     It is used to fire the Hydra 70 2.75 inch rocket, an 
     unguided, fin-stabilized air-to-ground rocket that utilizes a 
     variety of warhead and fuze combinations to achieve a range 
     of effects.
       p. The AGR-20A Advanced Precision Kill Weapons System 
     (APKWS) is a conversion of the 2.75 inch Hydra 70 rocket 
     which adds a laser guidance kit to enable precision 
     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 that 
     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 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.
       5. All defense articles and services listed in this 
     transmittal are authorized for release and export to the 
     Government of Australia.

                          ____________________