US waived laws to keep F-35 on track with China-made parts

US waived laws to keep F-35 on track with China-made parts

WASHINGTON - The Pentagon repeatedly waived laws banning Chinese-built components on US weapons in order to keep the $392 billion Lockheed Martin Corp F-35 fighter programme on track in 2012 and 2013, even as US officials were voicing concern about China's espionage and military buildup.

According to Pentagon documents reviewed by Reuters, chief US arms buyer Frank Kendall allowed two F-35 suppliers, Northrop Grumman Corp and Honeywell International Inc, to use Chinese magnets for the new warplane's radar system, landing gears and other hardware.

Without the waivers, both companies could have faced sanctions for violating federal law and the F-35 programme could have faced further delays.

"It was a pretty big deal and an unusual situation because there's a prohibition on doing defence work in China, even if it's inadvertent," said Frank Kenlon, who recently retired as a senior Pentagon procurement official and now teaches at American University. "I'd never seen this happen before."

The Government Accountability Office, the investigative arm of Congress, is examining three such cases involving the F-35, the US military's next generation fighter, the documents show.

The GAO report, due March 1, was ordered by US lawmakers, who say they are concerned that Americans firms are being shut out of the specialty metals market, and that a US weapon system may become dependent on parts made by a potential future adversary.

The waivers apply to inexpensive parts, including $2 magnets, installed on 115 F-35 test, training and production aircraft, the last of which are due to be delivered in May 2014. Lawmakers noted that several US companies make similar magnets.

Kendall said the waivers were needed to keep production, testing and training of the Pentagon's newest warplane on track; avert millions of dollars in retrofit costs; and prevent delays in the Marine Corps' plan to start using the jets in combat from mid-2015, according to the documents.

In one case, it would cost $10.8 million and take about 25,000 man-hours to remove the Chinese-made magnets and replace them with American ones, the documents indicate.

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