[Congressional Record Volume 169, Number 117 (Monday, July 10, 2023)]
[Senate]
[Pages S2275-S2277]
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,

                                                   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. 23-49, 
     concerning the Air Force's proposed Letter(s) of Offer and 
     Acceptance to the Government of the Czech Republic for 
     defense articles and services estimated to cost $5.62 
     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. 23-49

     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 the Czech 
     Republic.
       (ii) Total Estimated Value:
       Major Defense Equipment * $3.09 billion.
       Other $2.53 billion.
       Total $5.62 billion.
       Funding Source: National Funds.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Twenty-four (24) F-35 Joint Strike Fighter Conventional 
     Take Off and Landing (CTOL) Aircraft.
       Twenty-five (25) Pratt & Whitney F135-PW-100 Engines (24 
     installed, 1 spare) Seventy (70) AIM-120C-8 Advanced Medium 
     Range Air-to-Air Missiles (AMRAAM).
       Three (3) AIM-120C-8 AMRAAM Guidance Sections.
       Eighty-six (86) GBU-53/B Small Diameter Bombs--Increment II 
     (SDB-11) StormBreaker All-Up-Rounds (AUR).
       Two (2) GBU-53 SDB-II Guided Test Vehicles (GTV).
       Three (3) GBU-53 SDB-II Captive Carry Reliability Trainers 
     (CCRT).
       Twelve (12) Mk-84 General Purpose 2,000-lb Bombs or BLU-109 
     2,000-lb Penetrator Bombs for the GBU-31.
       Twelve (12) KMU-556/KMU-557 Joint Direct Attack Munition 
     (JDAM) Tail Kits for the GBU-31.
       Fifty (50) AIM-9X Block II/II+ Tactical Sidewinder 
     Missiles.
       Ten (10) AIM-9X Block II Tactical Sidewinder Guidance 
     Units.
       Eighteen (18) AIM-9X Block II Tactical Sidewinder Captive 
     Air Training Missiles (CATM).
       Four (4) AIM-9X Block II CATM Guidance Units.
       Non-MDE:
       Also included are AIM-120 AMRAAM CATMs, control section 
     spares, and containers; AIM-9 multi-purpose/dummy air 
     training missiles and containers; DSU-41B Active Optical 
     Target Detectors; Joint Direct Attack Munition (JDAM) trainer 
     tail kits; FMU-139 Joint Programmable Fuzes; AN/PYQ-10 Simple 
     Key Loaders (SKL); ALE-70 Radio Frequency Countermeasures 
     (RFCM) Transmitters; Identification Friend or Foe (IFF) 
     equipment; electronic warfare (EW) data and Reprogramming Lab 
     support; impulse cartridges, chaff, and flares; Common 
     Munitions Built-In-Test (BIT)/Reprogramming Equipment 
     (CMBRE); Cartridge Actuated Devices/Propellant Actuated 
     Devices (CAD/PAD); Contractor Logistics Support (CLS); 
     classified software and software development, delivery, and 
     integration support; transportation, ferry, and refueling 
     support; ammunition and weapons components; aircraft and 
     munitions support and support equipment; integration and test 
     support and equipment; aircraft engine Component Improvement 
     Program (CIP) support; secure communications, precision 
     navigation, and cryptographic equipment; spare and repair 
     parts, consumables, accessories, and repair and return 
     support; in-country facilities and construction support; 
     major and minor modifications, maintenance, and maintenance 
     support; classified and unclassified personnel training and 
     training gear and equipment; classified and unclassified 
     publications and technical documents; studies and surveys; 
     U.S. Government and engineering, technical, and logistics 
     support services; and other related elements of logistical 
     and program support.
       (iv) Military Department: Air Force (EZ-D-SAB, EZ-D-YAC, 
     EZ-D-YAD); Navy (EZ-P-LCS, EZ-P-AAA).
       (v) Sales Commission, Fee, etc., Paid, Offered, or Agreed 
     to be Paid: None known at this time.
       (vi) Sensitivity of Technology Contained in the Defense 
     Article or Defense Services Proposed to be Sold: See Attached 
     Annex.
       (vii) Date Report Delivered to Congress: June 29, 2023.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

                   Czech Republic--F-35 and Munitions

       The Government of the Czech Republic has requested to buy 
     twenty-four (24) F-35 Joint Strike Fighter Conventional Take 
     Off and Landing (CTOL) Aircraft; twenty-five (25) Pratt & 
     Whitney F135-PW-100 Engines (24 installed, 1 spare); seventy 
     (70) AIM-120C-8 Advanced Medium Range Air-to-Air Missiles 
     (AMRAAM); three (3) AIM-120C-8 AMRAAM Guidance Sections; 
     eighty-six (86) GBU-53/B Small Diameter Bombs--Increment II 
     (SDB-II) StormBreaker A11-Up-Rounds (AUR); two (2) GBU-53 
     SDB-II Guided Test Vehicles (GTV); three (3) GBU-53 SDB-II 
     Captive Carry Reliability Trainers (CCRT); twelve (12) Mk-84 
     General Purpose 2,000-lb Bombs or BLU-109 2,000-lb Penetrator 
     Bombs for the GBU-31; twelve (12) KMU-556/KMU-557 Joint 
     Direct Attack Munition (JDAM) Tail Kits for the GBU-31; fifty 
     (50) AIM-9X Block II/II+ Tactical Sidewinder Missiles; ten 
     (10) AIM-9X Block II Tactical Sidewinder Guidance Units; 
     eighteen (18) AIM-9X Block II Tactical Sidewinder Captive Air 
     Training Missiles (CATM); and four (4) AIM-9X Block II CATM 
     Guidance Units. Also included are AIM-120 AMRAAM CATMs, 
     control section spares, and containers; AIM-9 multi-purpose/
     dummy air training missiles and containers; DSU-41B Active 
     Optical Target Detectors; Joint Direct Attack Munition (JDAM) 
     trainer tail kits; FMU-139 Joint Programmable Fuzes; AN/PYQ-
     10 Simple Key Loaders (SKL); Radio Frequency Countermeasures 
     (RFCM) Transmitters; Identification Friend or Foe (IFF) 
     equipment; electronic warfare (EW) data and Reprogramming Lab 
     support; impulse cartridges, chaff, and flares; Common 
     Munitions Built-In-Test (BIT)/Reprogramming Equipment 
     (CMBRE); Cartridge Actuated Devices/Propellant Actuated 
     Devices (CAD/PAD); Contractor Logistics Support (CLS); 
     classified software and software development, delivery, and 
     integration support; transportation, ferry, and refueling 
     support; ammunition and weapons components; aircraft and 
     munitions support and support equipment; integration and test 
     support and equipment; aircraft engine Component Improvement 
     Program (CIP) support;

[[Page S2276]]

     secure communications, precision navigation, and 
     cryptographic equipment; spare and repair parts, consumables, 
     accessories, and repair and return support; in-country 
     facilities and construction support; major and minor 
     modifications, maintenance, and maintenance support; 
     classified and unclassified personnel training and training 
     gear and equipment; classified and unclassified publications 
     and technical documents; studies and surveys; U.S. Government 
     and engineering, technical, and logistics support services; 
     and other related elements of logistical and program support. 
     The estimated total cost is $5.62 billion.
       This proposed sale will support the foreign policy and 
     national security objectives of the United States by helping 
     to improve the security of a North Atlantic Treaty 
     Organization (NATO) Ally that is a force for political 
     stability and economic progress in Europe.
       The proposed sale will improve the Czech Republic's defense 
     capabilities as well as support NATO operations by guarding 
     against modern threats and maintaining a constant presence in 
     the region. The Czech Republic will have no difficulty 
     absorbing these articles and services 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 will be Lockheed Martin 
     Aeronautics Company, Fort Worth, TX; Raytheon Missiles and 
     Defense, Tucson, AZ; and The Boeing Company, St. Louis, MO. 
     The purchaser typically requests offsets. Any offset 
     agreement will be defined in negotiations between the 
     purchaser and the contractor.
       Implementation of this proposed sale will not require the 
     assignment of any additional U.S. Government or contractor 
     representatives to the Czech Republic.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         transmittal no. 23-49

     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 F-35A Conventional Take Off and Landing (CTOL) 
     aircraft is a single seat, single engine, all-weather, 
     stealth, fifth-generation multirole aircraft. It contains 
     sensitive technology including a low observable airframe/
     outer mold line, the Pratt and Whitney F135 engine, AN/APG-81 
     radar, an integrated core processor central computer, a 
     mission systems/electronic warfare suite, a multiple sensor 
     suite, and technical data and documentation and associated 
     software. Sensitive elements of the F-35A are also included 
     in operational flight and maintenance trainers. Sensitive and 
     classified elements of the F-35A CTOL aircraft include 
     hardware, accessories, components, and associated software 
     for the following major subsystems:
       a. The Pratt & Whitney F135 engine is a single 40,000-lb 
     thrust class engine designed for the F-35 and assures highly 
     reliable, affordable performance. The engine is designed to 
     be utilized in all F-35 variants, providing unmatched 
     commonality and supportability throughout the worldwide base 
     of F-35 users.
       b. The AN/APG-81 Active Electronically Scanned Array (AESA) 
     is a high processing power and high transmission power 
     electronic array capable of detecting air and ground targets 
     from a greater distance than mechanically scanned array 
     radars. It also contains a synthetic aperture radar (SAR), 
     which creates high-resolution ground maps and provides both 
     weather data to the pilot and air and ground tracks to the 
     mission system, the latter of which is used as a component to 
     fuse sensor data by the mission system.
       c. The Electro-Optical Targeting System (EOTS) provides 
     long-range detection and tracking, as well as an infrared 
     search and track (IRST) and forward-looking infrared (FLIR) 
     capability for precision tracking, weapons delivery, and bomb 
     damage assessment (BDA). The EOTS replaces multiple separate 
     internal or podded systems typically found on legacy 
     aircraft.
       d. The Electro-Optical Distributed Aperture System (EODAS) 
     provides the pilot with full spherical coverage for air-to-
     air and air-to-ground threat awareness, day/night vision 
     enhancements, a fire control capability and precision 
     tracking of wingmen and friendly aircraft. The EODAS provides 
     data directly to the pilot's helmet as well as the mission 
     system.
       e. The F-35 Electronic Warfare (EW) system is a 
     reprogrammable, integrated system that provides radar warning 
     and electronic support measures (ESM) along with a fully 
     integrated countermeasures (CM) system. The EW system is the 
     primary subsystem used to enhance situational awareness, 
     targeting support, and self-defense through the search, 
     intercept, and location and identification of in-band 
     emitters and to automatically counter infrared (IR) and 
     radio frequency (RF) threats.
       f. The F-35 Command, Control, Communications, Computers and 
     Intelligence/Communications, Navigation, and Identification 
     (C41/CNI) system provides the pilot with unmatched 
     connectivity to flight members, coalition forces, and the 
     battlefield. lt is an integrated subsystem designed to 
     provide a broad spectrum of secure, anti-jam voice and data 
     communications, precision radio navigation and landing 
     capability, self-identification, beyond visual range target 
     identification, and connectivity to off-board sources of 
     information. It also includes an inertial navigation and 
     global positioning system (GPS) for precise location 
     information. The functionality is tightly integrated within 
     the mission system to enhance efficiency.
       g. The F-35 C41/CNI system includes two data links: the 
     Multi-Function Advanced Data Link (MADL) and Link-16. The 
     MADL is designed specifically for the F-35 and allows for 
     stealthy communications between F-35s. Link-16 is an advanced 
     command, control, communications, and intelligence (C3I) 
     system incorporating jam-resistant, digital communication 
     links for exchange of near real-time tactical information, 
     including both data and voice, among air, ground, and sea 
     elements. It provides the warfighter key theater functions 
     such as surveillance, identification, air control, weapons 
     engagement coordination, and direction for all services and 
     allied forces. Link-16 equipment allows the F-35 to 
     communicate with legacy aircraft using widely-distributed J-
     series message protocols.
       h. The F-35 Autonomic Logistics Global Sustainment (ALGS) 
     provides a fully integrated logistics management solution. 
     ALGS integrates a number of functional areas, including 
     supply chain management, repair, support equipment, engine 
     support, and training. The ALGS infrastructure employs a 
     state-of-the-art information system that provides real-time, 
     decision-worthy information for sustainment decisions by 
     flight line personnel. Prognostic health monitoring 
     technology is integrated with the air system and is crucial 
     to predictive maintenance of vital components.
       i. The F-35 Autonomic Logistics Information System (ALIS) 
     provides an intelligent information infrastructure that binds 
     all the key concepts of ALGS into an effective support 
     system. ALIS establishes the appropriate interfaces among the 
     F-35, the warfighter, the training system, government 
     information technology (11) systems, and supporting 
     commercial enterprise systems. Additionally, ALIS provides a 
     comprehensive tool for data collection and analysis, decision 
     support, and action tracking.
       j. The F-35 Training System includes several training 
     devices to provide integrated training for pilots and 
     maintainers. The pilot training devices include a Full 
     Mission Simulator (FMS) and Deployable Mission Rehearsal 
     Trainer (DMRT). The maintenance training devices include an 
     Aircraft Systems Maintenance Trainer (ASMT), Ejection System 
     Maintenance Trainer (ESMT), Outer Mold Line (OML) Lab, 
     Flexible Linear Shaped Charge (FLSC) Trainer, Fl35 Engine 
     Module Trainer, and Weapons Loading Trainer (WLT). The F-35 
     Training System can be integrated, where both pilots and 
     maintainers learn in the same Integrated Training Center 
     (ITC). Alternatively, the pilots and maintainers can train in 
     separate facilities (Pilot Training Center and Maintenance 
     Training Center).
       k. Other subsystems, features, and capabilities include the 
     F-35's low observable air frame, Integrated Core Processor 
     (ICP) Central Computer, Helmet Mounted Display System (HMDS), 
     Pilot Life Support System (LSS), Off-Board Mission Support 
     (OMS) System, and publications and maintenance manuals. The 
     HMDS provides a fully sunlight readable biocular display 
     presentation of aircraft information projected onto the 
     pilot's helmet visor. The use of a night vision camera 
     integrated into the helmet eliminates the need for separate 
     Night Vision Goggles. The Pilot LSS provides a measure of 
     pilot chemical, biological, and radiological protection 
     through use of an On-Board Oxygen Generating System (OBOGS). 
     OBOGS takes the Power and Thermal Management System (PTMS) 
     air and enriches it by removing gases (mainly nitrogen) by 
     adsorption, thereby increasing the concentration of oxygen in 
     the product gas and supplying breathable air to the pilot. An 
     escape system provides additional protection to the pilot. 
     The OMS provides a mission planning, mission briefing, and a 
     maintenance, intelligence, and tactical debriefing platform 
     for the F-35.
       2. The AIM-120C-8 Advanced Medium Range Air-to-Air Missile 
     (AMRAAM) is a supersonic, air-launched, aerial intercept 
     guided missile featuring digital technology and micro-
     miniature, solid-state electronics. AMRAAM capabilities 
     include look-down/shoot-down, multiple launches against 
     multiple targets, resistance to electronic countermeasures, 
     and interception of high-and low-flying and maneuvering 
     targets. This potential sale will include Captive Air 
     Training Missiles (CATM) as well as AMRAAM guidance sections, 
     propulsion sections, control sections, telemetry systems, and 
     warhead, spares.
       3. The GBU-53/B Small Diameter Bomb--Increment II (SDB-II) 
     StormBreaker All-Up-Round (AUR) is a 250-lb class precision-
     guided, semiautonomous, conventional air-to-ground munition 
     used to defeat moving targets from standoff range and capable 
     of operating in adverse weather. The SDB-II has deployable 
     wings and fins and uses Global Positioning System/Inertial 
     Navigation System (GPS/INS) guidance, network-enabled 
     datalink (Link-16 and UHF), and a multi-mode seeker 
     (millimeter wave radar, imaging infrared, semi-active laser) 
     to autonomously search, acquire, track, and defeat a variety 
     of moving or stationary targets, at standoff range or close 
     in, in a variety of attack modes. The SDB-II employs a multi-
     effects warhead (blast, fragmentation, and

[[Page S2277]]

     shaped-charge) for maximum lethality against armored and soft 
     targets. The SDB-11 weapon system consists of the tactical 
     AUR weapon, a 4-place common carriage system, and mission 
     planning system munitions application program (MAP). This 
     potential sale includes SDB-11 Guided Test Vehicles (GTV) and 
     Captive Carry Reliability Trainers (CCRT).
       4. Joint Direct Attack Munitions (JDAM) consist of a bomb 
     body paired with a warheadspecific tail kit containing an 
     Inertial Navigation System (INS)/Global Positioning System 
     (GPS) guidance capability that converts unguided free-fall 
     bombs into accurate, adverse weather ``smart'' munitions. The 
     JDAM weapon can be delivered from modest standoff ranges at 
     high or low altitudes against a variety of land and surface 
     targets during the day or night. The JDAM can receive target 
     coordinates via preplanned mission data from the delivery 
     aircraft, by onboard aircraft sensors (e.g., FLIR, radar, 
     etc.) during captive carry, or from a third-party source via 
     manual or automated aircrew cockpit entry. This potential 
     sale will include either of the following variants as well as 
     JDAM trainer tail kits.
       a. The GBU-3 lvl is a 2,000-lb JDAM, consisting of a KMU-
     556 tail kit and BLU-117 or Mk-84 bomb body.
       b. The GBU-3lv3 is a 2,000-lb JDAM, consisting of a KMU-557 
     tail kit and BLU-109 bomb body.
       5. The AIM-9X Block II and Block II+ Tactical Sidewinder 
     Missiles represent a substantial increase in missile 
     acquisition and kinematics performance over the AIM-9M and 
     replaces the AIM-9X Block I Missile configuration. The 
     missiles include a high off-boresight seeker, enhanced 
     countermeasure rejection capability, a low drag and high 
     angle of attack airframe, and the ability to integrate with a 
     helmet mounted cueing system. The software algorithms are the 
     most sensitive portion of the AIM-9X missile. The software 
     continues to be modified via a System improvement Program 
     (SIP) to improve counter-countermeasure capabilities. This 
     potential sale will include AIM-9X CATMs, multipurpose/dummy 
     training missiles, guidance and control section spares, 
     containers, and DSU-41B Active Optical Target Detectors 
     (AOTD).
       6. The FMU-139 Joint Programmable Fuze (JPF) is a multi-
     delay, multi-arm, and proximity sensor compatible with 
     general purpose blast, frag, and hardened-target penetrator 
     weapons. The JPF settings are cockpit selectable in flight 
     when used with numerous precision-guided weapons.
       7. The AN/PYQ-10 Simple Key Loader is a portable, hand-held 
     device used for securely receiving, storing, and transferring 
     data between compatible cryptographic and communications 
     equipment.
       8. The ALE-70 is a radio frequency countermeasure (RFCM) 
     transmitter dispenser system designed to fit into the F-35 
     Joint Strike Fighter (JSF) aircraft. The ALE-70 consists 
     ofthe reel and launcher assembly, tow line, T-1687 
     countermeasure transmitter, and electronic and mechanical 
     subassemblies, along with canisters and explosive cartridges 
     that deploy decoys to provide self-protection against radar 
     guided missiles for aircraft.
       9. The Common Munitions Built-In-Test (BIT)/Reprogramming 
     Equipment (CMBRE) is support equipment used to interface with 
     weapon systems to initiate and report BIT results and both 
     upload and download flight software. CMBRE supports multiple 
     munitions platforms with a range of applications that perform 
     preflight checks, conduct periodic maintenance checks, 
     declassify munitions memory, and load Operational Flight 
     Program (OFP) data, munitions mission planning data, and 
     Global Positioning System (GPS) cryptographic keys.
       10. The Electronic Warfare Reprogramming Lab is used by 
     U.S. Government engineers in the reprogramming and creation 
     of shareable Mission Data Files for foreign F-35 customers.
       11. The highest level of classification of defense 
     articles, components, and services included in this potential 
     sale is SECRET.
       12. 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.
       13. A determination has been made that the Czech Republic 
     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.
       14. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     the Government of the Czech Republic.

                          ____________________