[Congressional Record Volume 169, Number 45 (Thursday, March 9, 2023)]
[Senate]
[Pages S738-S739]
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,

                                                   Washington, DC.
     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. 23-14, 
     concerning the Navy's proposed Letter(s) of Offer and 
     Acceptance to the Government of Japan for defense articles 
     and services estimated to cost $1.381 billion. We will issue 
     a news release to notify the public of this proposed sale 
     upon delivery of this letter to your office.
           Sincerely,
                                                  James A. Hursch,
                                                         Director.
       Enclosures.


                         transmittal no. 23-14

     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 Japan.
       (ii) Total Estimated Value:
       Major Defense Equipment * $1.125 billion.
       Other $.256 billion.
       Total $1.381 billion.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Five (5) E-2D Advanced Hawkeye (AHE) Airborne Early Warning 
     and Control (AEW&C) Aircraft.
       Twelve (12) T56-A-427A Engines (10 installed, 2 spares).
       Six (6) Multifunction Information Distribution System Joint 
     Tactical Radio System (MIDS JTRS) Terminals (5 installed, 1 
     spare).
       Five (5) APY-9 Radars (installed).
       Five (5) AN/AYK-27 Integrated Navigation Control and 
     Display Systems (INCDS) (installed).
       Twelve (12) LN-251 Embedded Global Positioning Systems/
     Inertial Navigation Systems (EGIs) with Embedded Airborne 
     Selective Availability Anti-Spoofing Module (SAASM) or M-Code 
     Receiver (10 installed, 2 spares).
        Six (6) ALQ-217 Electronic Support Measures Systems (5 
     installed and 1 spare).
       Non-MDE: Also included are aircraft ancillary equipment; 
     modifications; spare and repair parts; support equipment; 
     publications and technical documentation; software; personal 
     protective equipment; personnel training and training 
     equipment; ferry services; U.S. Government and contractor 
     logistics, engineering, and technical support services; and 
     other related elements of logistics and program support.
       (iv) Military Department: Navy (JA-P-SDF).
       (v) Prior Related Cases, if any: JA-P-SCW, JA-P-SCJ, JA-P-
     SCL, JA-P-SCM, JA-P-SCQ.
        (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 7, 2023.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          policy justification

    Japan--E-2D Advanced Hawkeye Airborne Early Warning and Control 
                                Aircraft

       The Government of Japan has requested to buy five (5) E-2D 
     Advanced Hawkeye (AHE) Airborne Early Warning and Control 
     (AEW&C) aircraft; twelve (12) T56-A-427A engines (10 
     installed, 2 spares); six (6) Multifunction Information 
     Distribution System Joint Tactical Radio System (MIDS JTRS) 
     terminals (5 installed, 1 spare); five (5) APY-9 radars 
     (installed); five (5) AN/AYK-27 Integrated Navigation Control 
     and Display Systems (INCDS) (installed); twelve (12) LN-251 
     Embedded Global Positioning Systems/Inertial Navigation 
     Systems (EGIs) with Embedded Airborne Selective Availability 
     Anti-Spoofing Module (SAASM) or M-Code Receiver (10 
     installed, 2 spares); and six (6) ALQ-217 Electronic Support 
     Measures Systems (5 installed, 1 spare). Also included are

[[Page S739]]

     aircraft ancillary equipment; modifications; spare and repair 
     parts; support equipment; publications and technical 
     documentation; software; personal protective equipment; 
     personnel training and training equipment; ferry services; 
     U.S. Government and contractor logistics, engineering, and 
     technical support services; and other related elements of 
     logistics and program support. The estimated total program 
     cost is $1.381 billion.
       This proposed sale will support the foreign policy goals 
     and national security objectives of the United States by 
     improving the security of a major ally that is a force for 
     political stability and economic progress in the Asia-Pacific 
     region.
       The proposed sale will improve Japan's ability to 
     effectively provide homeland defense utilizing an AEW&C 
     capability. Japan will use the E-2D AHE aircraft to provide 
     AEW&C situational awareness of air and naval activity in the 
     Pacific region and to augment its existing E-2C Hawkeye AEW&C 
     fleet. Japan 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 principal contractor will be Northrop Grumman 
     Corporation Aerospace Systems, Melbourne, FL. There are no 
     known offset agreements proposed in connection with this 
     potential sale.
       Implementation of this proposed sale will not require the 
     assignment of any additional U.S. Government or contractor 
     representatives to Japan. However, U.S. Government or 
     contractor personnel in-country visits will be required, on a 
     temporary basis, in conjunction with program technical and 
     management oversight and support requirements.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         transmittal no. 23-14

     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 E-2D Advanced Hawkeye (AHE) Airborne Early Warning 
     and Control (AEW&C) provides detection and surveillance of 
     regional surface and aircraft platforms through the use of 
     the APY-9 radar, APX-122A Identification Friend or Foe (IFF), 
     and ALQ-217 Electronic Support Measures (ESM) systems. The E-
     2D AHE provides area surveillance and detection, air 
     intercept control, air traffic control, search and rescue 
     assistance, communication relay and automatic tactical data 
     exchange.
       2. The APY-9 radar is a mechanically rotated, 
     electronically scanned array, which utilizes Space-Time 
     Adaptive Processing (STAP) technology to provide 360-degree 
     detection and surveillance in high clutter environments. It 
     is able to provide simultaneous detection and surveillance of 
     surface and air units.
       3. The Multifunction Information Distribution System Joint 
     Tactical Radio System (MIDS JTRS (5)) terminal provides 
     enhanced Link 16 functionality, namely Concurrent Multi-
     netting with four channels (CMN-4) and Concurrent Contention 
     Receive (CCR). CMN-4 is a Link 16 enhancement that increases 
     the terminal capability from receiving only one Tactical 
     Digital Information Link-J (TADIL-J) message packing 
     structure per time slot to receive as many as four 
     simultaneous message packing structures per time slot, each 
     transmitted on a unique Link 16 net. CCR described the Link 
     16 terminal's ability to receive multiple messages in the 
     same net within the same time slot.
       4. The APX-122A IFF Interrogator and APX-123A IFF 
     Transponder are identification systems designed for command 
     and control. They provide the ability to distinguish friendly 
     aircraft, vehicles, or forces, and to determine their bearing 
     and range from the Interrogator.
       5. The ALQ-217 Electronic Support Measure (ESM) system is 
     used to detect, intercept, identify, locate, record, and/or 
     analyze sources of radiated electromagnetic energy to support 
     classification of unknown surface and airborne units.
       6. The AN/AYK-27 Integrated Navigation Control and Display 
     System serves as the network manager and the human machine 
     interface for the E-2D navigation system.
       7. The LN-251 Embedded Global Positioning Systems/Inertial 
     Navigation Systems (EGIs) with embedded airborne Selective 
     Availability Anti-Spoofing Module (SAASM) or M-Code Receiver 
     (ASR) system provides position, navigation and timing 
     information to the E-2D via the Global Positioning Satellite 
     system and an inertial measuring unit.
       8. The highest level of classification of defense articles, 
     components, and services included in this potential sale is 
     SECRET.
       9. 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.
       10. A Special Security Agreement (SSA) will be in place to 
     provide additional security requirements for implementation 
     by the Government of Japan to protect the advanced 
     capabilities this aircraft provides. This sale is necessary 
     in furtherance of the U.S. foreign policy and national 
     security objectives outlined in the Policy Justification.
       11. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     the Government of Japan.

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