[Congressional Record (Bound Edition), Volume 163 (2017), Part 9]
[Senate]
[Pages 12541-12543]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        ARMS SALES NOTIFICATION

       Mr. CORKER. 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 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. Bob Corker,
     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. 17-38, 
     concerning the Navy's proposed Letter(s) of Offer and 
     Acceptance to the Government of Australia for defense 
     articles and services estimated to cost $108.7 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,
                                               Gregory M. Kausner,
                                                  Acting Director.
       Enclosures.


                         Transmittal No. 17-38

     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 Australia.
       (ii) Total Estimated Value:
       Major Defense Equipment* $0.0 million
       Other $108.7 million
       Total $108.7 million
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE): None
       Non-MDE includes:
       One thousand nine hundred fifty-two (1,952) ALE-70(V)/T-
     1687A Electronic Towed Decoy

[[Page 12542]]

     Countermeasures, publications and technical documentation, 
     other technical assistance, U.S. Government and contractor 
     engineering, technical and logistics support services, and 
     other related elements of logistical and program support.
       (iv) Military Department: Navy (XX-P-AMN Al)
       (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: August 02, 2017.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

        Australia--ALE-70 Radio Frequency Countermeasures (RFCM)

       The Government of Australia has requested the possible sale 
     of one thousand nine hundred fifty-two (1,952) ALE-70(V)/T-
     1687A Electronic Towed Decoy Countermeasures, publications 
     and technical documentation, other technical assistance, U.S. 
     Government and contractor engineering, technical and 
     logistics support services, and other related elements of 
     logistical and program support. The total estimated program 
     cost is $108.7 million.
       This sale will contribute to the foreign policy and 
     national security of the United States by helping to improve 
     the security of a major non-NATO ally and continues to be an 
     important force for political stability, security, and 
     economic development in the Western Pacific. It is vital to 
     the U.S. national interest to assist our ally in developing 
     and maintaining a strong and ready self-defense capability.
       The proposed sale will improve Australia's F-35 
     survivability and will enhance its capability to deter global 
     threats, strengthen its homeland defense, and cooperate in 
     coalition defense initiatives. Australia 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 British Aerospace 
     Enterprise (BAE), Nashua, NH. There are no offsets 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 Australia.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 17-38

     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 ALE-70 is a towed radio frequency countermeasure 
     designed for deployment from the F-35 aircraft and is 
     comprised of electronic and mechanical sub-assemblies to 
     accomplish the intended purpose. The ALE-70 consists of three 
     major components: the reel/launcher assembly, the tow line, 
     and the T-1687 countermeasure transmitter. Upon deployment 
     from the aircraft, the countermeasure transmitter is reeled 
     out to a prescribed distance, held in tow behind the jet by 
     the tow line and emits waveforms in response to commands from 
     the countermeasure controller located in the jet. The 
     waveforms are utilized to confuse or decoy adversary radars 
     or radar guided weapons. Designed and produced by BAE Systems 
     of Nashua, New Hampshire, the ALE-70 employs amplifiers based 
     on Gallium Nitride (GaN) technology to meet stringent output 
     requirements.
       2. The ALE-70 generates, amplifies, and transmits signals 
     in response to commands from the countermeasures controller 
     which remains aboard the jet. Neither the countermeasure 
     transmitter nor the reel/launcher assembly contains stored 
     information or software representing critical program 
     information. As the ALE-70 contains no software or stored 
     waveforms/techniques, Anti-Tampering security measures are 
     not required. ALE-70 hardware is classified SECRET to protect 
     specific data elements associated with the performance of the 
     countermeasure.
       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 or 
     equivalent system which might reduce system effectiveness or 
     be used in the development of a system with similar or 
     advanced capabilities.
       4. A determination has been made that Australia 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.
       5. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     Australia.
                                                  Defense Security


                                           Cooperation Agency,

                                                    Arlington, VA.
     Hon. Bob Corker,
     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. 16-55, 
     concerning the Department of the Air Force's proposed 
     Letter(s) of Offer and Acceptance to the Federal Republic of 
     Nigeria for defense articles and services estimated to cost 
     $593 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,
                                               Gregory M. Kausner,
                                                  Acting Director.
       Enclosures.


                         Transmittal No. 16-55

     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: The Federal Republic of Nigeria
       (ii) Total Estimated Value:
       Major Defense Equipment* $29 million
       Other $564 million
       Total $593 million
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       One hundred (100) GBU-12 (500lb) Paveway II (PW-II) 
     Tailkits
       One hundred (100) GBU-58 (250lb) PW-II Tailkits
       Four hundred (400) Laser Guided Rockets including Advanced 
     Precision Kill Weapon System (APKWS)
       Two thousand (2,000) MK-81 (250lb) bombs
       Five thousand (5,000) 2.75 inch Hydra 70 Unguided Rockets 
     (70mm rockets)
       One thousand (1,000) 2.75 inch Hydra 70 Unguided Rockets 
     (practice)
       Twenty thousand (20,000) Rounds, .50 Caliber Machine Gun 
     Ammo
       Non-Major Defense Equipment (MDE): This request also 
     includes the following Non-MDE: Twelve (12) A-29 Super Tucano 
     aircraft, seven (7) AN/AAQ-22F Electro-Optical/Infrared (EO/
     IR) Sensor and Laser Designators, Initial Spares, Readiness 
     Spares Package, Consumables, Support Equipment, Technical 
     Data, Repair and Return Support, Facilities infrastructure 
     and hangar construction, Night Vision Devices (NVDs), 
     Contract Logistics Services (CLS), Contractor Provided 
     Familiarization and Training, USG Manpower and Services, 
     Field Service Representatives, Training Services (pilot 
     training, USAF training, early A-29 training, flight leader 
     upgrade training, travel and living allowance, maintenance 
     training, specialized training, computer-based training, 
     night vision device training, human rights and international 
     humanitarian law, and munitions training), Training 
     Simulators, Air Worthiness Support, Forward Operating Base 
     Facilities, Forward Operating Location Support, Ferrying, and 
     Non-recurring Engineering. Additionally, all aircraft will 
     include weapons software to support forward looking infrared 
     sensors (FLIRs), ancillary system.
       (iv) Military Department: Air Force (X8-D-SAB)
       (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 Annex 
     attached.
       (viii) Date Report Delivered to Congress: Aug 02 2017
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

     Nigeria--A-29 Super Tucano Aircraft, Weapons and Associated 
         Support
       The Government of Nigeria requests twelve (12) A-29 Super 
     Tucano aircraft and weapons, including all associated 
     training, spare parts, aviation and ground support equipment, 
     and hangar, facilities, and infrastructure required to 
     support the program. The estimated total case value is $593 
     million.
       These aircraft will support Nigerian military operations 
     against terrorist organization Boko Haram and to counter 
     illicit trafficking in Nigeria and the Gulf of Guinea. The 
     Super Tucano is a sustainable platform for counterterrorism, 
     counter insurgency, border surveillance, and illicit trade 
     interdiction operations. The proposed sale will support U.S. 
     foreign policy objectives by helping Nigeria to meet shared 
     counterterrorism objectives for the region. This proposed 
     sale will strengthen the U.S. security relationship with 
     Africa's largest democracy. Nigeria will have no difficulty 
     absorbing these aircraft into its armed forces.
       The proposed sale of this equipment and support does not 
     alter the basic military balance in the region.
       The prime contractor is the Sierra Nevada Corporation, 
     headquartered in Centennial, Colorado. There are no known 
     offset agreements proposed in connection with this potential 
     sale.
       Implementation of this proposed sale will require the 
     assignment of U.S. Government or contractor representatives 
     to Nigeria for mobile training teams and contract logistic 
     support.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.

[[Page 12543]]




                         Transmittal No. 16-55

     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. This sale involves the release of sensitive weapons 
     software technology information to Nigeria. Software 
     associated with the following weapons will be included in the 
     aircraft operational flight program to support a future 
     weapons capability.
       2. Sensitive and/or classified (up to SECRET) elements of 
     the proposed A-29 sale to Nigeria includes the hardware and 
     associated software with: Advanced Precision Kill Weapon 
     System (APKWS) laser guided rockets, Guided Bomb Unit (GBU)-
     12/58 Paveway II laser guided tail kits, and Mark (MK)-81/82 
     general purpose bombs.
       3. The Hydra 70 Rocket System is a modernized version of 
     the 2.75 inch (70 mm) unguided rocket body with the MK66 
     Rocket Motor.
       4. The APKWS is a low cost semi-active laser guidance kit 
     developed by BAE Systems which is added to current unguided 
     70 mm rocket motors and warheads similar to and including the 
     Hydra 70 rocket. It is a low collateral damage weapon that 
     can effectively strike both soft and lightly armored targets. 
     APKWS turns a standard unguided 2.75 inch (70 mm) rocket into 
     a precision laser-guided rocket, classification up to SECRET.
       5. GBU-12/58 Paveway II (PW-II) Tailkits: 500-lb (GBU-12) 
     and 250-lb (GBU-58) are laser-guided ballistic bombs (LGBs) 
     developed by Raytheon and Lockheed Martin. The LGB is a 
     maneuverable, free-fall weapon that guides to a spot of laser 
     energy reflected off of the target. The LGB is delivered like 
     a normal general purpose (GP) warhead and the semi-active 
     guidance corrects for many of the normal errors inherent in 
     any delivery system. Laser designation for the weapon can be 
     provided by a variety of laser target markers or designators. 
     The tailkit consists of a laser guidance kit, a computer 
     control group (CCG) and a warhead specific Air Foil Group 
     (AFG), that attach to the nose and tail of MK 81 and MK 82 
     General Purpose (GP) bomb bodies to create an LGB. This sale 
     includes the tailkits to transform Nigeria's existing 500-lb 
     and 250-lb GP bomb bodies into GBU-12s and GBU-58s 
     respectively. Nigeria is also buying additional GBU-58s, 250-
     lb (MK-81) guided bombs. The overall weapon is CONFIDENTIAL.
       6. AN/AAQ-22F Brite Star Electro-Optical/Infrared (EO/IR) 
     Multi-Sensor Targeting System developed by FLIR. The system 
     is a five field-of-view (FOV) large format thermal imager, 
     three FOV color daylight camera with laser designator for 
     terminal guidance of LGBs and IR-guided rockets. The system 
     is classified as UNCLASSIFIED.
       7. This sale is necessary in furtherance of U.S. foreign 
     policy and national security objectives outlined in the 
     Policy Justification. Moreover, the benefits to be derived 
     from this sale, as outlined in the Policy Justification, 
     outweigh the potential damage that could result if the 
     sensitive technology were revealed to unauthorized persons.
       8. All defense articles and services listed in this 
     transmittal are authorized for release and export to the 
     Government of Nigeria.

                          ____________________