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Tracking Number:  188790

Title:  "Dixon Would Condition ROK F-16 on Receipt of MOU." Senator Alan Dixon has introduced a bill to condition funding for co-production of the F-16 aircraft with the Republic of Korea on the receipt of the relevant memorandum of understanding (MOU). (910701)

Source:  CONGRESSIONAL RECORD (PERIODICAL)
Date:  19910701

Text:
*EPF104

07/01/91 * Lee Sang-Ock: Korean Peninsula Not Yet Free of Cold WarDIXON WOULD CONDITION ROK F-16 ON RECEIPT OF MOU Lee Sang-Ock: Korean Peninsula Not Yet Free of Cold War(Text: Congressional Record remarks)

(1160)

Washington -- Senator Alan Dixon (Democrat of Illinois) has introduced a bill to condition funding for co-production of the F-16 aircraft with the Republic of Korea on receipt by Congress of the relevant memorandum of understanding (MOU) and to extend the 30-day congressional review period until the MOU is received.

Following is the text, from the Congressional Record dated Wednesday, June 26, 1991:

(begin text)

Remarks by DIXON, ALAN (D-IL) on S. 1397

Conditions of Funding for Korean Fighter Program, Provision

By Mr. DIXON (for himself, Mr. Byrd, Mr. Boren, Mr. D'Amato, Mr. Ford, and Mr. Shelby):

S. 1397. A bill to condition funding for coproduction with South Korea of the F-16 aircraft on receipt by Congress of the relevant memorandum of understanding (MOU) and to extend the 30-day congressional review period until the MOU is received; referred to the Committee on Armed Services.

CONDITIONS ON FUNDING FOR KOREAN FIGHTER PROGRAM

Mr. Dixon. Mr. President, Senators Byrd, Boren, D'Amato, Ford, and Shelby today join me in introducing legislation dealing with the Korean Fighter Program.

Just last year, after the Korean Government announced that it had decided to purchase 120 F/A-18's, our Government entered into a memorandum of understanding to allow the sale. But in March of this year, all of a sudden, the Korean Government changed its mind and announced that it was ending the F/A-18 program. Instead, the Koreans announced they were going to purchase F- 16's.

The legislation my colleagues and I are introducing today simply extends the 30-day congressional review period. Presently, under the Arms Export Control Act, procedures for considering arms sales such as the Korean fighter program give Congress 30 days, once it has been officially notified of the proposed sale, to pass a joint resolution blocking the sale. Our bill says that Congress shall have 30 days from the date of Presidential notification, and that the time does not begin to run until Congress has seen

GE 2 EPF104 the agreed to memorandum of understanding, as well as all side letters of agreement.

Mr. President, there have been three requests from Congress for the General Accounting Office to look into all aspects of this sale. One of the requests was from my colleagues and me, and the other two requests were from the house. This legislation does not--I repeat--does not do anything to preclude the administration from entering into a final agreement with Korea. But is does provide the Congress with adequate time to review this proposed program, and it does ensure that Congress has access to the agreement for review.

The General Accounting Office, in March of this year, produced a report on the F/A-18. In that report, the GAO raised a number of concerns over the industrial base assessments by the Navy, and most importantly, by the Commerce Department. For example, the Navy's analysis did not take into account the potential Korean competition against United States companies for the spare parts market. The Commerce Department is directed by law to conduct an independent assessment of the MOU to include the impact on the U.S. industrial base. However, Commerce could not provide the GAO any evidence of an analysis of the industrial base impacts. I would urge all Members and their staffs to review this report which, by the way, is classified.

The Constitution--article 1, section 8, clause 3--gives Congress the power to regulate foreign commerce. Arms sales are, of course, a form of foreign commerce. It is imperative that Congress have all the necessary information to carry out this responsibility, including any relevant memorandum of understanding. Congress needs to see the MOU and all related documents. We need to see the details of the offset arrangements. We need to know the details of what kind of technology is being transferred.

Just last week, Mr. President, the Office of Technology Assessment pointed out in its report on global arms trade that the United States has transferred defense technology on 12 major weapons systems to South Korea. The report further points out that "the long-term strategy of the Korean Government is to draw United States defense companies into cooperative production and R&D relationships so that Korean firms can learn from their more advanced partners."

We need to know what written plans the Department of Defense, the Department of Commerce and the Department of State have on how they will control the licensing of technology and equipment transfers associated with the offsets arrangements for the new Korean fighter program. We need to know what recoupment the United States taxpayer will receive for all the moneys we have spent on the

GE 3 EPF104 development of the F-16, including the avionics and engine upgrades. Congress and the taxpayers of this country should know what offsets are being offered up by the engine manufacturer, and what technology is being given to the Koreans in the way of offsets by the prime contractor. These are just a few of the questions that should be answered by the administration, Mr. President. The General Accounting Office needs time to study this program. I urge my colleagues to join us in cosponsoring this legislation.

The Arms Export Control Act gives the President the right to negotiate sales. However, the power over foreign military sales, like every other area of foreign commerce, belongs to the Congress. Nowhere in the Arms Export Act did the Congress say it does not want to see the agreements.

Mr. President, I ask unnamious consent to have the bill printed in the Record.

There being no objection, the bill was ordered to be printed in the Record, as follows:

Text of Measure -- S. 1397

Conditions of Funding for Korean Fighter Program, Provision

S. 1397

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. ADDITIONAL DOCUMENTS REQUIRED FOR PROPOSED COPRODUCTION OF F-16

AIRCRAFT.

(a) Prohibition.--None of the funds appropriated or otherwise made available by any provision of law shall be available for the export, or the licensing for export, of any items or technology to South Korea in connection with the coproduction of F-16 aircraft until at least 30 days after the Congress has received the proposed memorandum of understanding between South Korea and the United States regarding that coproduction and all documentation and background material, including agreements concluded through the exchange of letters, relating thereto.

(b) Extension of the Congressional Review Period.--No Presidential certification under subsection (b), (c), or (d) of section 36 of the Arms Export Control Act with respect to the sale or export of items or technology for the coproduction of the F-16 aircraft with South Korea shall be deemed to have been received by the Congress until the President submits to the Congress the documents described in subsection (a).

GE 4 EPF104 (end text)

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File Identification:  07/01/91, EP-104
Product Name:  Wireless File
Product Code:  WF
Keywords:  MILITARY AIRCRAFT; KOREA (SOUTH)-US RELATIONS; DIXON, ALAN/Speaker; ARMS TRANSFERS; TRADE; KOREA (SOUTH)/Defense & Military; MILITARY TECHNOLOGY
Document Type:  REP
Thematic Codes:  140; 1DE; 2FP
Target Areas:  EA
PDQ Text Link:  188790



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