[Congressional Record Volume 169, Number 149 (Thursday, September 14, 2023)]
[Senate]
[Pages S4516-S4518]
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

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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. 23-65, 
     concerning the Air Force's proposed Letter(s) of Offer and 
     Acceptance to the Government of the Republic of Korea for 
     defense articles and services estimated to cost $5.06 
     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. 23-65

     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 Republic of 
     Korea.
       (ii) Total Estimated Value:
       Major Defense Equipment * $3.08 billion.
       Other $1.98 billion.
       Total $5.06 billion.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Up to twenty-five (25) F-35 Joint Strike Fighter 
     Conventional Take Off and Landing (CTOL) Aircraft
       Up to twenty-six (26) Pratt & Whitney F135-PW-100 Engines 
     (25 installed, 1 spare)
       Non-MDE: Also included are AN/PYQ-10 Simple Key Loaders 
     (SKL); KIV-78 Cryptographic Appliques; Electronic Warfare 
     (EW) Reprogramming Lab support; Cartridge Actuated Devices/
     Propellant Actuated Devices (CAD/PAD); classified software 
     delivery and support; Contractor Logistics Support (CLS); 
     aircraft and munitions support and support equipment; spare 
     parts, consumables, accessories, and repair/return support; 
     aircraft engine component improvement program (CIP) support; 
     secure communications, precision navigation, and 
     cryptographic devices; major modifications, maintenance, and 
     maintenance support, to include Block 4 upgrade; 
     transportation, ferry, and refueling support; personnel 
     training and training equipment, including simulators; 
     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 logistics and program support.
       (iv) Military Department: Air Force (KS-D-SAF).
       (v) Prior Related Cases, if any: KS-D-SAC, KS-D-QGC.
       (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: September 13, 
     2023.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

                 Republic of Korea (ROK)--F-35 Aircraft

       The Government of the Republic of Korea has requested to 
     buy up to twenty-five (25) F-35 Joint Strike Fighter 
     Conventional Take Off and Landing (CTOL) aircraft; and up to 
     twenty-six (26) Pratt & Whitney F135-PW-100 engines (25 
     installed, 1 spare). Also included are AN/PYQ-10 Simple Key 
     Loaders (SKL); KIV-78 Cryptographic Appliques; Electronic 
     Warfare (EW) Reprogramming Lab support; Cartridge Actuated 
     Devices/Propellant Actuated Devices (CAD/PAD); classified 
     software delivery and support; Contractor Logistics Support 
     (CLS); aircraft and munitions support and support equipment; 
     spare parts, consumables, accessories, and repair/return 
     support; aircraft engine component improvement program (CIP) 
     support; secure communications, precision navigation, and 
     cryptographic devices; major modifications, maintenance, and 
     maintenance support, to include Block 4 upgrade; 
     transportation, ferry, and refueling support; personnel 
     training and training equipment, including simulators; 
     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 logistics and program support. The 
     estimated total cost is $5.06 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 Indo-Pacific 
     region.
       The proposed sale will improve the Republic of Korea's 
     capability to meet current and future threats by providing 
     credible defense capability to deter aggression in the region 
     and ensure interoperability with U.S. forces. The proposed 
     sale will augment Korea's operational aircraft inventory and 
     enhance its air-to-air and air-to-ground self-defense 
     capability. Korea already has F-35s in its inventory and 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, and Pratt & Whitney 
     Military Engines, East Hartford, CT. 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 Republic of Korea.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 23-65

     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 aircraft is a single seat, single engine, all-
     weather, stealth, fifth-generation, multirole aircraft. It 
     contains sensitive technology including the 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, technical data/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 aircraft 
     include hardware, accessories, components, and associated 
     software for the following major subsystems:
       a. The Pratt and Whitney F135 engine is a single 40,000-
     pound 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/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 weather data to the 
     pilot, and provides air and ground tracks to the mission 
     system, which uses it as a component to fuse sensor data.
       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 (BOA). 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/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, location and identification 
     of in-band emitters and to automatically counter JI and IF 
     threats.
       f. The F-35 Communications, Navigation, and Identification 
     (CNI) system provides the pilot with unmatched connectivity 
     to flight members, coalition forces and the battlefield. It 
     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 CNI system includes two data links: Multi-
     Function Advanced Data Link (MADL) and Link 16. MADL is 
     designed specifically for the F-35 and allows for Low 
     Probability of Intercept (LPI) communications between F-35s. 
     Link 16 is a 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,

[[Page S4518]]

     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 battlespace participants 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 Operational Data Integrated Network (ODIN) 
     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 Air Vehicle, the warfighter, the training system, 
     government information technology (IT) 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, F135 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 (PLSS), Off-Board Mission Support 
     (OMS) System, and publications/maintenance manuals. The HMDS 
     provides a fully sunlight readable, binocular 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 PLSS provides a measure of Pilot 
     Chemical, Biological, and Radiological Protection through use 
     of an OnBoard Oxygen Generating System (OBOGS); and an escape 
     system that provides additional protection to the pilot. 
     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. 
     The OMS provides a mission planning, mission briefing, and a 
     maintenance/intelligence/ tactical debriefing platform for 
     the F-35.
       2. The AN/APQ-10 Simple Key Loader is a handheld device 
     used for securely receiving, storing, and transferring data 
     between compatible cryptographic and communications 
     equipment.
       3. The KIV-78 is, a cryptographic applique for IFF. It can 
     be loaded with Mode 5 classified elements.
       4. The Electronic Warfare Reprogramming Lab is used by USG 
     engineers in the reprogramming and creation of shareable 
     Mission Data Files for foreign F-35 customers.
       5. The highest level of classification of defense articles, 
     components, and services included in this potential sale is 
     SECRET.
       6. 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.
       7. A determination has been made that the Republic of Korea 
     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.
       8. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     the Republic of Korea.

                          ____________________