[Congressional Record Volume 168, Number 67 (Monday, April 25, 2022)]
[Senate]
[Pages S2126-S2127]
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. 22-24, 
     concerning the Navy's proposed Letter(s) of Offer and 
     Acceptance to the Government of Nigeria for defense articles 
     and services estimated to cost $997 million. After this 
     letter is delivered to your office, we plan to issue a news 
     release to notify the public of this proposed sale.
           Sincerely,
                                                  James A. Hursch,
                                                         Director.
       Enclosures:


                         Transmittal No. 22-24

     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 Nigeria.
       (ii) Total Estimated Value:
       Major Defense Equipment* $521 million.
       Other $476 million.
       Total $997 million.
       Funding Source: National Funds.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Twelve (12) AH-1Z Attack Helicopters.
       Twenty-eight (28) T-700 GE 401C Engines (24 installed, 4 
     spares).
       Two thousand (2,000) Advanced Precision Kill Weapon System 
     (APKWS) Guidance Sections.
       Non-MDE: Also included is Night Vision Cueing Display 
     (NVCD); commercial variant GPS with Standard Positioning 
     Service (SPS); communication equipment; electronic warfare 
     systems; AN/AVS-9 Aviator's Night Vision Imaging System; M197 
     20mm machine gun; Target Sight System (TSS); support 
     equipment; spare engine containers; spare and repair parts; 
     tools and test equipment; technical data and publications; 
     personnel training and training equipment; Mission Planning 
     system; U.S. Government and contractor engineering; 
     technical, and logistics support services; U.S. Government 
     and contractor assistance and oversight of facilities 
     construction to include the provisioning of plans, drawings 
     and specifications; $25M of case funds will be allocated for 
     institutional and technical assistance to the Armed Forces of 
     Nigeria (AFN) to continue Air Ground Integration (AGI) 
     program, which includes developing targeting processes that 
     are legally compliant with International Humanitarian Law and 
     the Laws of Armed Conflict; and other related elements of 
     logistics and program support.
       (iv) Military Department: Navy (NI-P-SAO).
       (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 14, 2022.
       *As defined in Section 47(6) of the Arms Export 
     Control Act.


                          POLICY JUSTIFICATION

       Nigeria--AH-1Z Attack Helicopter Related FMS Acquisitions

       The Government of Nigeria has requested to buy twelve (12) 
     AH-1Z Attack Helicopters; twenty-eight (28) T-700 GE 401C 
     engines (24 installed, 4 spares); and two thousand (2,000) 
     Advanced Precision Kill Weapon System (APKWS) guidance 
     sections. Also included is Night Vision Cueing Display 
     (NVCD); commercial variant GPS with Standard Positioning 
     Service (SPS); communication equipment; electronic warfare 
     systems; AN/AVS-9 Aviator's Night Vision Imaging System; M197 
     20mm machine gun; Target Sight System (TSS); support 
     equipment; spare engine containers; spare and repair parts; 
     tools and test equipment; technical data and publications; 
     personnel training and training equipment; Mission Planning 
     system; U.S. Government and contractor engineering; 
     technical, and logistics support services; U.S. Government 
     and contractor assistance and oversight of facilities 
     construction to include the provisioning of plans, drawings 
     and specifications; $25M of case funds will be allocated for 
     institutional and technical assistance to the Armed Forces of 
     Nigeria (AFN) to continue Air Ground Integration (AGI) 
     program, which includes developing targeting processes that 
     are legally compliant with International Humanitarian Law and 
     the Laws of Armed Conflict; and other related elements of 
     logistics and program support. The total estimated program 
     cost is $997 million.
       This proposed sale will support the foreign policy goals 
     and national security objectives of the United States by 
     improving the security of a strategic partner in Sub-Saharan 
     Africa.
       The proposed sale will better equip Nigeria to contribute 
     to shared security objectives, promote regional stability and 
     build interoperability with the U.S. and other Western 
     partners. This sale will be a major contribution to U.S. and 
     Nigerian security goals. Nigeria will have no difficulty 
     absorbing the equipment and services into its armed forces.
       The proposed sale of this equipment will not alter the 
     basic military balance in the region.
       The principal contractors will be Bell Helicopter, Textron, 
     Fort Worth, TX; and General Electric Company, Lynn, MA. There 
     are no known offset agreements in connection with this 
     potential sale.
       Implementation of this proposed sale will require multiple 
     trips by U.S. Government and contractor representatives to 
     participate in program and technical reviews plus training 
     and maintenance support in country, on a temporary basis, for 
     a period of five (5) years. It will also require 
     approximately three (3) contractor support representatives to 
     reside in country for a period of two (2) years to support 
     this program.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 22-24

     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 Z-model has an integrated avionics system (IAS) 
     which includes two (2) mission computers and an automatic 
     flight control system. Each crew station has two (2) 8x6-inch 
     multifunction liquid crystal displays (LCD) and one (1) 
     4.2x4.2-inch dual function LCD display. The communications 
     suite will have NON-COMSEC AR-1500 Ultra High Frequency Very 
     High Frequency (UHF/VHF) radios with associated 
     communications equipment. The navigation suite includes a 
     commercial variant Standard Positioning System (SPS), a 
     digital map system and a low-airspeed air data subsystem, 
     which allows weapons delivery when hovering.
       2. The crew is equipped with the Optimized Top Owl (OTO) 
     helmet-mounted sight and display system. The OTO has a Day 
     Display Module (DDM) and a Night Display Module (NDM). The 
     AH-1Z has survivability equipment including the AN/AAR-47 
     Missile Warning and Laser Detection System, AN/ALE-47 Counter 
     Measure Dispensing System (CMDS) and the AN/APR-39 Radar 
     Warning Receiver

[[Page S2127]]

     (RWR) to cover countermeasure dispensers, radar warning, 
     incoming/on-way missile warning and on- fuselage laser-spot 
     warning systems.
       3. The highest level of classification of defense articles, 
     components, and services included in this potential sale is 
     SECRET.
       4. 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.
       5. A determination has been made that Nigeria 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.
       6. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     the Government of Nigeria.

                          ____________________