[Congressional Record Volume 167, Number 10 (Tuesday, January 19, 2021)]
[Senate]
[Pages S57-S59]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        ARMS SALES NOTIFICATION

  Mr. RISCH. 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. James E. Risch,
     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. 20-19 
     concerning the Army's proposed Letter(s) of Offer and 
     Acceptance to the Government of Kuwait for defense articles 
     and services estimated to cost $4.0 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. 20-19

     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 Kuwait.
       (ii) Total Estimated Value:
       Major Defense Equipment* $2.0 billion.
       Other $2.0 billion.
       Total $4.0 billion.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase: The Government of 
     Kuwait has requested to buy eight (8) AH-64E Apache Longbow 
     Attack Helicopters and remanufacture sixteen (16) of their 
     AH-64D Apache Longbow Attack Helicopters to the AH-64E 
     configuration.
       Major Defense Equipment (MDE):
       Eight (8) AH-64E Apache Helicopters (new procurement).
       Sixteen (l6) AH-64E Apache Helicopters (remanufacture).
       Twenty-two (22) T700-GE 701D Engines.
       Thirty-six (36) Remanufactured T700-GE 701D Engines.
       Twenty-seven (27) AN/AAR-57 Counter Missile Warning Systems 
     (CMWS).
       Eighteen (18) Embedded Global Position Systems with 
     Inertial Navigation (EGI) with Multi-Mode Receiver (MMR).
       Thirty-six (36) Remanufactured EGIs with MMR.
       Eight (8) AN/ASQ-170(V) Modernized Target Acquisition and 
     Designation Sight/AN/AAQ-11 Pilot Night Vision Sensor (MTADS/
     PNVS).
       Seventeen (17) AN/APG-78 Longbow Fire Control Radars (FCR) 
     with Radar Electronics Units (REU).
       Seventeen (17) APR-48B Modernized Radar Frequency 
     Interferometers (M-RFI).
       Eighteen (l8) M299 AGM-114 Hellfire Missile Launchers.
       Four (4) Remanufactured Hydra 70 (70mm) 2.75 Inch Rocket 
     M260 Rocket Launchers.
       Nine (9) M230El 30mm Chain Gun Ml39 Area Weapons System 
     (AWS) Guns.
       Two (2) Remanufactured M230E1 30mm Chain Gun M139 AWS Guns.
       One (1) Longbow Crew Trainers (LCT).
       One (1) Remanufactured LCT.
       Non-MDE: Also included are fifty-four (54) AN/ARC-201 non-
     COMSEC Very-High Frequency/Frequency Modulation (VHF/FM) 
     Radios; fifty-four (54) Ultra-High Frequency (UHF) Radios 
     (AN/ARC 231 or MXF 4027); twenty-eight (28) Identify Friend 
     or Foe Transponders (APX 123 or APX 119); twenty-seven (27) 
     IDM 401 (Improved Data Modem); twenty-seven (27) Link 16 
     Datalinks; twenty-seven (27) AN/APR-39D (V)2 Radar Warning 
     Receivers; twenty-seven (27) AN/AVR-2 Laser Warning 
     Receivers; twenty-seven (27) Infrared Countermeasures 
     Dispensers (2 flares, 1 chaff); nine (9) ASN-157 Doppler 
     Radar Velocity Sensors; nine (9) AN/ARN-149 (V)3 Automatic 
     Direction Finders (ADF); sixteen (16) remanufactured AN/ARN-
     149 (V)3 ADFs; nine (9) AN/APN-209 Radar Altimeters; twenty-
     seven (27) AN/ARN-153 Tactical Airborne Navigation (TACAN) 
     systems; sixteen (16) Manned-Unmanned Teaming International 
     (MUM-Ti) (UPR) Air to Air to Ground Data Link Systems; 
     twenty-four (24) MUM-Ti (Ground) Air to Air to Ground Data 
     Link Systems; twenty-four (24) 100 gallon Internal Auxiliary 
     Fuel Systems (IAFS); twenty-four (24) 125 gallon Reduced 
     Capacity Crashworthy External Fuel Systems (RCEFS); two (2) 
     IAFS Spares; two (2) IAFS Publications; six (6) IAFS Ground 
     Support Equipment (GSE) Apache Magazine and Auxiliary Tank 
     Transfer Systems (AMATTS); five (5) IDM Software Loader 
     Verifiers (SLV); training devices; helmets; simulators; 
     generators; transportation; wheeled vehicles and 
     organizational 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 engineering, technical, and 
     logistics support services; and other related elements of 
     logistics support.
       (iv) Military Department: Army (KU-B-UXF).
       (v) Prior Related Cases, if any: KU-B-UKS.
       (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: December 28, 
     2020.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

                    Kuwait--AH-64E Apache Helicopter

       The Government of Kuwait has requested to buy eight (8) AH-
     64EApache Longbow Attack Helicopters and remanufacture 
     sixteen

[[Page S58]]

     (16) of their AH-64D Apache Longbow Attack Helicopters to the 
     AH-64E configuration consisting of: eight (8) AH-64E Apache 
     Helicopters (new procurement); sixteen (16) AH-64E Apache 
     Helicopters (remanufacture); twenty-two (22) T700-GE 701D 
     engines; thirty-six (36) remanufactured T700-GE 701D engines; 
     twenty-seven (27) (AN/AAR-57 Counter Missile Warning Systems 
     (CMWS); eighteen (18) Embedded Global Position Systems with 
     Inertial Navigation (EGI) with Muiti-Mode Receiver (MMR); 
     thirty-six (36) remanufactured EGIs with MMR; eight (8) AN/
     ASQ-170(V) Modernized Target Acquisition and Designation 
     Sight/AN/AAQ-11 Pilot Night Vision Sensor (MTADS/PNVS); 
     seventeen (17) AN/APG-78 Longbow Fire Control Radars (FCR) 
     with Radar Electronics Units (REU); seventeen (17) APR-48B 
     Modernized Radar Frequency Interferometers (M-RFI); eighteen 
     (18) M299 AGM-114 Hellfire Missile Launchers; four (4) 
     remanufactured M299 AGM-114 Hellfire Missile Launchers; 
     eighteen (18) Hydra, 70 (70mm) 2.75 Inch Rocket M260 Rocket 
     Launchers; four (4) remanufactured Hydra 70 (70mm) 2.75 Inch 
     Rocket M260 Rocket Launchers; nine (9) M230El 30mm Chain Gun 
     M139 Area Weapons System (AWS) Guns; two (2) remanufactured 
     M230El 30mm Chain Gun M139 AWS Guns; one (1) Longbow Crew 
     Trainers (LCT); and one (1) remanufactured LCT. Also included 
     are fifty-four (54) AN/ARC-201 non-COMSEC Very-High 
     Frequency/Frequency Modulation (VHF/FM) radios; fifty-four 
     (54) Ultra-High Frequency (UHF) radios (AN/ARC-231 or MXF 
     4027); twenty-eight (28) Identify Friend or Foe Transponders 
     (APX 123 or APX 119); twenty-seven (27) IDM 401 (Improved 
     Data Modem); twenty-seven (27) Link 16 Datalinks; twenty-
     seven (27) AN/APR-39D (V)2 Radar Warning Receivers; twenty-
     seven (27) AN/AVR-2 Laser Warning Receivers; twenty-seven 
     (27) Infrared Countermeasures Dispensers (2 flares, 1 chaff); 
     nine (9) ASN-157 Doppler Radar Velocity Sensors; nine (9) AN/
     ARN-149 (V)3 Automatic Direction Finders (ADF); sixteen (16) 
     remanufactured AN/ARN-149 (V)3 ADFs; nine (9) AN/APN-209 
     Radar Altimeters; twenty-seven (27) AN/ARN-153 Tactical 
     Airborne Navigation (TACAN) systems; sixteen (16) Manned-
     Unmanned Teaming International (MUM-Ti) (UPR) Air to Air to 
     Ground Date Link Systems; twenty-four (24) MUM-Ti (Ground) 
     Air to Air to Ground Data Link Systems; twenty-four (24) 100 
     gallon Internal Auxiliary Fuel Systems (IAFS); twenty-four 
     (24) 125 gallon Reduced Capacity Crashworthy External Fuel 
     Systems (RCEFS); two (2) IAFS Spares; two (2) IAFS 
     Publications; six (6) IAFS Ground Support Equipment (GSE) 
     Apache Magazine and Auxiliary Tank Transfer Systems (AMATTS); 
     five (5) IDM Software Loader Verifiers (SLV); training 
     devices; helmets; simulators; generators; transportation; 
     wheeled vehicles and organizational 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 
     engineering, technical, and logistics support services; and 
     other related elements of logistics support. The total 
     estimated cost is $4.0 billion.
       The proposed sale will support the foreign policy and 
     national security of the United States by helping to improve 
     the security of a Major Non-NATO Ally that is an important 
     force for political stability and economic progress in the 
     Middle East.
       The proposed sale of the AH-64E Apache helicopters will 
     supplement and improve Kuwait's capability to meet current 
     and future threats by enhancing Kuwait's close air support, 
     armed reconnaissance, and antitank warfare mission 
     capabilities. Kuwait will have no difficulty absorbing these 
     helicopters into its armed forces.
       The proposed sale of this equipment and support will not 
     alter the basic military balance in the region.
       The principal contractors associated with this sale will be 
     The Boeing Company, Mesa, AZ; Lockheed Martin Corporation, 
     Orlando, FL; General Electric, Cincinnati, OH; Lockheed 
     Martin Mission Systems and Sensors, Owego, NY; Longbow 
     Limited Liability Corporation, Orlando, FL; and Raytheon 
     Corporation, Tucson, AZ. There are no known offset agreements 
     proposed in connection with this potential sale.
       Implementation of this proposed sale will require the 
     temporary assignment of approximately three U.S. Government 
     personnel and five contractor representatives to Kuwait to 
     support delivery of the helicopters and provide support and 
     equipment familiarization. In addition, Kuwait has expressed 
     an interest in a Technical Assistance Fielding Team (TAFT) to 
     provide in-country pilot and maintenance training. Execution 
     of a TAFT will require a team of twelve additional personnel 
     (one military and eleven contractors) to be deployed to 
     Kuwait for the period of approximately three years.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 20-19

     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-201 Very High Frequenqy-Frequency Modulation 
     (VHF-FM) Single Channel Ground and Airborne Radio System 
     (SINCGARS) airborne radio is a reliable field-proven voice 
     and data communication system used with the AH-64E. A 
     country-unique non-COMSEC export variant of this radio will 
     be provided that meets Kuwait's requirements.
       b. 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 over a 30hz 
     to 512hz frequency range. The MFX 4027 is a variant system 
     based on the AN/ARC-231 architecture but incorporating 
     commercial encryption. The radio offered to Kuwait will be 
     determined based on U.S. and Kuwaiti requirements.
       c. The Identify Friend-or-Foe (IFF) digital transponder set 
     provides pertinent platform information in response to an IF 
     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 
     IFF operation includes Selective Identification Feature (SIF) 
     Modes 1, 2, 3/A and C, as well as secure cryptographic Mode 5 
     operational capability.
       d. 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.
       e. 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.
       f. The AN/AVR-2B Leaser 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.
       g. 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 
     (EUC), Electro-Optic Missile Sensors (EOMSs), and Sequencer 
     and Improved Countermeasures Dispenser (ICMD).
       h. The ICMD Countermeasures Dispensing M211 Flare is a 
     countermeasure decoy in a 1"x1"x8" for factor in an aluminum 
     case cartridge. It consists of case, piston, special material 
     payload foils, and end cap. The special material is a 
     pyrophoric metal (iron) foil that reacts with oxygen to 
     generate infrared energy. The M211 decoys are dispersed from 
     an aircraft to be used as a decoy in combination with the 
     currently fielded M206 and M212 countermeasure flares to 
     protect against advanced air-to-air and surface-to-air 
     missile threats.
       i. Embedded Global Postponing System (GPS)/Inertial 
     Navigation System (INS)(EGI) with Multi-Mode Receiver (MMR) 
     uses GPS satellite signals to correct or calibrate a solution 
     for precise positioning from an Inertial Navigation System 
     (INS). The aircraft has two EGIs with MMR which use internal 
     accelerometers, rate gyro measurements, and external sensor 
     measurements to estimate the aircraft state, provides 
     aircraft flight and position data to aircraft systems. The 
     EGI is a velocity-aided, strap down, ring laser gyro based 
     inertial unit. The EGI unit houses a GPS receiver. The 
     receiver is capable of operating in either non-encrypted or 
     encrypted. When keyed, the GPS receiver will automatically 
     use anti-spoof/jam capabilities when they are in use. The EGI 
     will retain the key through power on/off/on cycles. Because 
     of safeguards built into the EGI, it is not considered 
     classified when keyed. Integrated within the EGI is an 
     Inertial Measurement Unit (IMU) for processing functions. 
     Each EGI also houses a Multi-Mode Receiver (MMR). The MMR is 
     incorporated to provide for reception of ground based NA VAID 
     signals for instrument aided flight. Provides IMC IIFR 
     integration and certification of improved Embedded Global 
     Positioning System and Inertial (EGI) unit, with attached 
     MMR, with specific cockpit instrumentation allows Apaches to 
     operate within the worldwide IFR route structure. Also 
     includes integration of the Common Army Aviation Map (CAAM). 
     Area Navigation (RNA V), Digital Aeronautical Flight 
     Information File (DAFIF) and Global Air Traffic Management 
     (GATM) compliance.
       j. The AN/ASQ-170 Modernized Target Acquisition and 
     Designation Sight/AN/AAQ-11 Pilot Night Vision Sensor (MTADS/
     PNVS)

[[Page S59]]

     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.
       k. 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.
       l. 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).
       m. The Manned-Unmanned Teaming International (MUM-Ti) data 
     link system provides cross-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. The MUM-Ti is the multi-band export version 
     of the datalink for the AH-64E.
       n. 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.
       o. The M261 2.75 Inch Rocket Launcher is a nineteen tube, 
     three zone rocket launcher utilized on heavy attack aircraft.
       p. The Longbow Crew Trainer (LCT) is a containerized, 
     deployable, high-fidelity flight simulator used to train 
     Apache crew members. The LCT provided will be configured to 
     reflect Kuwait's AH-64E Operational Flight Program software.
       2. The highest level of information that may be transferred 
     in support of this proposed sale is classified 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 Kuwait can provide 
     substantially the same degree of protection of this 
     technology as the U.S. Government. This proposed sale is 
     necessary in furtherance of U.S. foreign policy and national 
     security objectives outlined in the Policy Justification.
       5. All defense articles, technical data, and services 
     listed in this transmittal are authorized for release and 
     export to the Government of Kuwait

                          ____________________